Loading...
Minutes 93-09-27 . MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 27, 1993 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m. on Monday, September 27, 1993, in the Administrative Conference Room, City Hall, 5275 Orange Avenue, 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, Planning Director Christine Eynon and Acting Public Works Director Bill Kelly. WORKSHOP: Redevelopment Marketing Program The Acting Public Works Director presented a summary of the ten steps in the proposed marketing program and he requested Redevelopment Agency review and approval. The following items were discussed: Mayor/Council Media Training will be held on Saturday, October 30, beginning at 8:30 a.m. City Employee Orientation would require the City Manager to schedule the training. The Mayor/Council breakfast meeting will be held on Wednesday, November 10. The Small Business Support Program and the insert to the City Newsletter will have to be modified and the Acting Public Works Director will discuss those with the City Manager. Councilmember Bowman suggested that the approved advertising on the front and back cover of the Cypress Chamber of Commerce City Map, naming the Redevelopment areas, be used to fulfill the advertising requirement. Media Relations required additional work with the consultant and the Acting Public Works Director asked for Council approval for the Deputy Director or City Manager to negotiate the finalization. The Marketing Brochure and the Business Persons' Guide to Cypress will be placed on "hold". The Council then reviewed several marketing brochures from other cities and provided their input on the proposed City of Cypress brochure. CLOSED SESSION: Mayor Kerry recessed the meeting at 5:10 p.m. to allow the Council to enter into Closed Session to discuss personnel issues. RECESS: The meeting recessed at 5:25 to enable the Councilmembers to reconvene in the Council Chamber. The 5:30 p.m. portion of the Council meeting convened at 5:35 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Eynon, Kelly, Storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR THE REMOVAL OF STREET TREES THE REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALKS CURB AND GUTTER PUBLIC WORKS PROJECT N0. 9260: AND THE CONSTRUCTION OF ACCESS RAMPS ON VARIOUS STREETS PUBLIC WORKS PROJECT N0. 9212: The City Engineer presented the staff report dated September 14, 1993, which described the nine bids received for the removal of street trees, the removal and replacement of concrete sidewalks, curb and gutter and the construction of access ramps on various streets. The access ramps portion of the project is eligible for reimbursement through the Orange County Transportation Authority's SB 821 Bicycle and Pedestrian Facilities program. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to: 1. Determine that the lowest responsible bidder for Public Works Project Nos. 9260 and 9212 to be Advanced Construction; and 1 G'';' ..y f CITY COUNCIL MINUTES September 27, 1993 2. Award a contract for the Removal of Street Trees, the Removal and Replacement of Concrete Sidewalks, Curb and Gutter, and the Construction of Access Ramps on Various Streets to Advanced Construction, 923 20th Street, Santa Monica, CA 90403, in the amount of $165,275.20. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD CONTRACT FOR CODIFICATION AND SUPPLEMENT SERVICE OF THE CITY'S ORDINANCE: The City Manager summarized the staff report dated September 21, 1993, which indicated the City has contracted for codification and supplement services of the City's ordinances with the Municipal Code Corporation of Tallahassee, Florida since 1969. For the past several months staff has received proposals for this service from three other publishing companies to evaluate those proposals. Since Municipal Code Corporation's performance has been satisfactory and they are now waiving the extra charges for printing tabular matter and shipping costs with the price guaranteed for three years, staff recommended awarding the contract to Municipal Code Corporation. It was moved by Councilmember Bowman and seconded by Councilmember Partin to award the Ordinance Codification and Supplement Service to Municipal Code Corporation, 1700 Capital Circle, S.W., (P.0. Box 2235), Tallahassee, FL 32316, per their proposal dated August 30, 1993, for a period of three years, commencing August 1, 1993 through July 31, 1996. The motion unanimously carried by .the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FORA PARKING STUDY FOR A PROPOSED ITALIAN DELICATESSEN, INCLUDING ALCOHOLIC BEVERAGES LOCATED AT 6273 BALL ROAD: The staff report dated September 21, 1993, summarized by the Planning Director, indicated that staff recently received a conditional use permit application for an Italian delicatessen restaurant, with the sale of beer and wine located at 6273 Ball Road. A preliminary review of the site plan raised issues regarding the parking needs of the proposed use in conjunction with existing onsite uses. The property owner has agreed to pay for a parking study prepared by a consultant selected by the City. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to: 1. Approve the award of contract to Justin F. Farmer Transportation Engineers, Inc., for the services detailed in the Scope of Work contained in their proposal; and 2. Approve the issuance of a purchase order to Justin F. Farmer Transportation Engineers, Inc., of 223 East Imperial Highway, Fullerton, CA 92635, in an amount not to exceed $2,560.00 to perform the services outlined in the attached scope of work, subject to the receipt of the full amount from the property owner or applicant for said work prior to authorization to proceed. 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 PURCHASE OF ONE (1) POLICE MOTORCYCLE: The City Manager noted that the .words, "...and appropriate $5,388. from the fund balance of the Central Service Fund to Account No. -1362 90-65939." were added to the last. sentence under "Recommendation." The Police Chief then reviewed the staff 2 r' _ . CITY COUNCIL MINUTES September 27, 1993 report dated September 20, 1993, which sought to replace one Police motorcycle purchased from the University of California at Irvine Police Department. The motorcycle, as equipped, is available for sale to the Cypress Police Department at a total cost of $5,000. The City Manager stated that the recommendation also included a request to waive the formal bid requirements. It was moved by Councilmember Nicholson and seconded by Councilmember Partin to approve the Police Department's request to: 1. Waive the formal bidding process; and 2. Purchase the described motorcycle and equipment from the University of California at Irvine Police Department in the total amount of $5,387.50; and 3. Appropriate $5,388. from the fund balance of the Central Service Fund to Account No. 4362-90-659-39. 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 Council meeting at 5:50 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 5:53 p.m. with all Councilmembers present. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Nicholson requested that Item No. 10, Consideration of Recommendation from the Traffic Commission Meeting of August 17, 1993, be removed. Councilmember Bowman asked that Item No. 14, Consideration of the Use of a Traffic Signal Pre-Emption System, be pulled. It was moved by Councilmember Partin and seconded by Councilmember Age to approve the Consent Calendar Items No. 6 through 14, with the exception of Items 10 and 14. 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. 6: Motion to Approve City Council Minutes of the Regular Meeting of September 13, 1993. Recommendation: That the City Council approve the Minutes of September 13, 1993, as submitted. Item No. 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 8: Consideration of Proclaiming October 1993, as "Independent Living Month." Recommendation: That the Mayor and City Council officially proclaim October 1993, as "Independent Living Month" in the City of Cypress. Item No. 9: Consideration of Proclaiming October 3 - 9, 1993, as "Fire Prevention Week." 3 z CITY COUNCIL MINUTES September 27, 1993 Recommendation: That the Mayor and City Council officially proclaim October 3 - 9, 1993, as "Fire Prevention Week" in the City of Cypress. Item No. 11: Consideration of Proclaiming October 1993 as "Escrow Month." Recommendation: That the Mayor and City Council officially proclaim October 1993, as "Escrow Month" in the City of Cypress as requested. Item No. 12: Consideration of Proclaiming October 4 - 10, 1993, as "Pollution Prevention Week." Recommendation: That the Mayor and City Council officially proclaim October 4 - 10, 1993, as "Pollution Prevention Week" in the City of Cypress. Item No. 13: Consideration of Approval of the Design, Plans and Specifications, and Authorization to Advertise the Projects for Bid for Pavement Rehabilitation and Storm Drain Construction for DeLong Street, Public Works Project No. 8742; Pavement Rehabilitation and Storm Drain Construction for Watson Street, Public Works Project No. 8743; and Storm Drain Construction for Acacia Drive, Public Works Project No. 9141. Recommendation: That the City Council approve the design, plans and specifications, and authorize staff to advertise the projects for bid for Pavement Rehabilitation and Storm Drain Construction for DeLong Street, Public Works Project No. 8742; Pavement Rehabilitation and Storm Drain Construction for Watson Street, Public Works Project No. 8743; and Storm Drain Construction for Acacia Drive, Public Works Project No, 9141. END OF CONSENT CALENDAR Regarding Item No. 10, Consideration of Recommendation from the Traffic Commission Meeting of August 17, 1993, Councilmember Nicholson stated that there was definitely a blind spot at Linaro Drive. She questioned if the three stop signs were really necessary; they are definitely needed at Linaro and perhaps Trentino Drive. She asked why was the developer was allowed to curve the street causing the .blind spots. The City Engineer advised that the streets were evaluated on the criteria that CalTrans provides for 25 mph streets. He also advised that any design fault should have been noticed at the review process. Councilmember Nicholson asked if the City could approach the developer and have them pay for the stop signs. The City Engineer stated they could be approached and asked to provide the stop signs, which will run approximately $200 to $400 each. Mayor Kerry suggested slowing the traffic at the problem intersection of Linaro Drive and then the other stop signs might not be needed. Councilmember Partin asked that if the citizens have requested stop signs, the Traffic Commission has approved them, the request submitted to the City Council and if Council denies the request, is there a contingent liability. The City Attorney responded that if there is an accident, it is the burden of the party to prove that the City either created or allowed to be created a dangerous condition and there is exposure if they chose to bring a cause of action. Councilmember Age stated she would like to hear from the Traffic Commission. The City Manager advised that these stop signs are not being recommended because of speed, but because of a sight distance problem. If all three of these intersections have the same sight distance problems, perhaps that is why the Commission recommended all three stop signs. It was moved by Councilmember Bowman and seconded by Councilmember Age to concur with the recommendation of the Traffic Commission and adopt a Resolution by title only, title as follows, approving the installation of stop signs on Sorrento Drive at Ambruzzi Drive, Linaro Drive and Trentino Drive. Councilmember Nicholson requested that the staff ask Sorrento Homes to help with the cost of the proposed stop signs. 4 ' Ji ~ r! . s~ CITY COUNCIL MINUTES September 27, 1993 RESOLUTION N0. 4241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE INSTALLATION OF STOP SIGNS ON SORRENTO DRIVE AT AMBRUZZI DRIVE, LINARO DRIVE AND TRENTINO DRIVE. 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 With regard to Item No. 14, Consideration of the Use of a Traffic Signal Pre- Emption System, Councilmember Bowman said he understood the concept but he wondered if it was practical because of the signal override affect on other signals. He expressed his opposition to the resolution. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to deny the staff recommendation. Mayor Kerry voiced the opinion that for fire vehicles the pre-emption is an advantage. Councilmember Age suggested that the item be tabled and consideration be given to what action other Orange County cities will take on this issue. After additional discussion, Councilmember Bowman would amend his motion to table the item indefinitely until more information is obtained from other cities. Councilmember Nicholson concurred. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Partin commended the City Engineer on the letter he had sent to the businesses on Gateway Drive which was well-received by the employees regarding the speed limits and warnings. Responding to Councilmember Partin, the Chief answered that the oversized vehicle ordinance will take effect on November 13. CLOSED SESSION: Mayor Kerry recessed the meeting at 6:17 p.m. to allow the Council to enter into Closed Session. The meeting reconvened at 7:30 p.m. with all Councilmembers present. Also present were staff members Essex, Cavanaugh, Bacock, Barrett, DeCarlo, Eynon, Munoz, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin. PRESENTATIONS: Mayor Kerry presented a Community Service Plaque to Richard Adams, forme r Member of the Cypress Cable Television Commission. The City Clerk administered the Loyalty Oath to four Youth Commissioners Julia Tai, Gee Lee, Kim Matsubara and Stephanie Ballwig. Mayor Kerry presented the Commissioners with Certificates of Appointment. The Mayor read and presented a Proclamation designating the week of October 3 to 9, 1993 as Fire Prevention Week to Battalion Chief Bruce Hunt, who accepted on behalf of Fire Chief Larry J. Holmes. .Mayor Kerry introduced staff member Howard Crisp who, along with the Mayor, made the presentation of the National Association of Telecommunications Officers and Advisors (NATOA) of the First Place Award for Creativity in Local Government Public Access Programming to the City of Cypress' Media Services Video Department. The City Manager advised that the Council did meet at 4:30 p.m. in a Workshop Session on the Redevelopment Marketing Program. He then summarized the actions taken by the Council during the 5:30 p.m. portion of the meeting. 5 ~ ~ .r CITY COUNCIL MINUTES September 27, 1993 The City Attorney reviewed discussions held by the Council during Closed Session on: pending litigation on the City of Cypress vs. Caswell and a personnel matter regarding salaries. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Loren J. Mickle, 9934 Newport Way, Cypress, representing the Board of. Directors of Cypress Monterey Homeowners' Association, addressed the increase in their street sweeping fees. He stated that this complex is self-maintained and does not use the City of Cypress for street sweeping services. The City Manager advised that the City is considering a revision and there should be a staff report on this issue for the Council at the next meeting. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT N0. 93-1 AN_D ZONE CHANGE NO. 93-1. 4921 AND 4931 ORANGE AVENUE: Mayor Kerry opened the hearing. The City Manager called upon the Planning Director to summarize the staff report dated September 20, 1993, which provided a status summary of the proposed project and a recommendation for a further continuation to the City Council meeting of October 12, 1993. On August 9, 1993, the City Council reviewed the staff report and opened the public hearing on an application to change the General Plan designation and the zoning classification of two lots located at 4921 and 4931 Orange Avenue. In light of public comments at that meeting and the need for further study to include the adjacent lots, Council continued the public hearing to September 27, 1993. Staff was directed to study all land use alternatives for the site, including a Medium Density alternative and to conduct a special neighborhood meeting with citizens to provide informational and obtain input. On August 31, 1993, staff held an information meeting with citizens regarding the various land use alternatives for General Plan Amendment No. 93-1 and General Plan Amendment No. 93-2. Notices of the meeting were mailed to property owners within a 500 foot radius of the subject properties. The meeting was attended by approximately 15 residents, in addition to the applicant and owners of the ~.,N. subject properties. Residents were provided with citizen comment forms to submit to the Planning Department. Approximately 30 comment forms, not counting petitions, have been received to date. Staff recommended that the City Council hear any testimony from the public on General Plan Amendment No. 93-1 and Zone Change No. 93-1 then continue the public hearing to the meeting of October 12, 1993. Mr. Mark Buckman, representing the Olson Company, Seal Beach, reported that they had revised the plan based on some of the comments heard at the August 9 Council meeting. The revised plan was presented at the neighborhood meeting and it appeared that approximately 70% of the neighbors were satisfied with that plan. He felt they addressed many of the concerns and the plan fit with the area and, in general, the feedback was positive. Mayor Kerry asked if anyone wished to speak in support of or in opposition to the proposed project. Ms. Anne Mocniak, 4941 Lemon Avenue, Cypress, reported that she felt that only 1%, if that, of the neighbors were in favor of the revised plan that was presented at the neighborhood meeting She expressed her opposition to the plan and she mentioned a petition and several letters with the neighbors arguments opposing the plan. Ms. Teresa Ivins, 9527 Naples Drive, Cypress, presented the Council with copies of the petition and the two-page letters. She reviewed the neighbors general concerns with both proposals and specific concerns with the revised proposal. Ms. .Jane Wozniak, 4480 Avenida Granada, Cypress, stated that there are many vacant places in the City and many people can't sell their homes. It is wrong for a zoning change to be made. 6 y /i ~ f I y ~ - `J CITY COUNCIL MINUTES September 27, 1993 Mr. Tom Barrera, 9445 Gregory Street, Cypress, stated he had attended the neighborhood meeting and he agreed that the 70% support was not there. The plan has not been thought out and all five lots must be considered together. He asked that the present General Plan not be amended. Mr. Dan Jarecki, 4901 Lemon Avenue, Cypress, asked the Council to review the plans carefully because it didn't appear that the number of homes proposed in the project would fit on the property. Mr: Buckman commented that their marketing studies do indicate that the homes can be sold at the suggested price of $250,000 and they already have bank construction loan commitments. Councilmember Age reiterated her main concern, which was that the developer talk with the neighbors and attempt to resolve their concerns. Mr. Buckman stated that the feedback after the neighborhood meeting was positive and he had not heard anything negative about the proposed project until this meeting. Mayor Kerry encouraged Mr. Buckman to meet with the Planning Department and work on the project design. Councilmember Bowman suggested that a specific plan be done on all the lots and once that is approved, everyone will know the parameters. The Planning Director reported that on the individual comment sheets, of which there were approximately 30, most were against the project or addressing major concerns. Ms. Dolores Bodwell, 4931 Orange Avenue, Cypress, owner of the one of the properties in question, stated that it appeared that no matter what was done on the properties, not all the neighbors would be satisfied. Councilmember Bowman requested a floor area ratio of Sorrento Homes and the contiguous properties north versus the floor area ratio of proposed project at a medium density. Mayor Kerry requested the floor area ratio of the tract to the west of the five properties also. It was moved by Councilmember Nicholson and seconded by Councilmember Partin to continue the public hearing to the meeting of October 12, 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-9, ITALIAN DELICATESSEN WITH ON SALE/OFF SALE OF BEER AND WINE 6273 BALL ROAD: Mayor Kerry referred to the staff report, dated September 20, 1993, which requested a continuance to commission a consultant to conduct a parking analysis for the subject commercial center. It was moved by Councilmember Age and seconded by Councilmember Partin to continue this item to the October 25, 1993 meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW COMMITTEE N0. 93-18/VARIANCE N0. 93-9 SINGLE-FAMILY RESIDENCE AND ELDERLY RESIDENTIAL CARE FACILITY, 5401 BISHOP STREET: The public hearing was opened by Mayor Kerry. The Planning Director stated the Finance Department had asked that an additional Condition of Approval be added as No. 40, "The applicant shall pay all rpgi?irr~d fePS by cash or ~ cPrti~'~~r' check." She then summarized the staff re~art dated August 31, 1993, which represented a request to construct a 7 . ~ CITY COUNCIL MINUTES September 27, 1993 2,300 square foot two story single-family residence and a 2,000 square foot elderly residential care facility serving six or fewer persons, on the property located at 5401. Bishop Street. Also included with this application was a request for a reduction in the required sideyard setback from 10 down to five feet and a request for either a circular driveway or one large driveway. In accordance with the requirements of the California Environmental Quality Act, an initial study had been prepared and a Negative Declaration will be filed for this project. On May 18, 1993, the applicant, Mr. Stelian Onufrei, submitted a preliminary Design Review application for a single family residence consisting of two structures, both containing individual kitchen and sleeping facilities. At the time of submittal, the applicant was notified the two structures would be evaluated as two separate dwelling units. The main issues of concern are: code violations, deficiencies of the two separate structures which the applicant is classifying as one single-family residence each of which contain kitchen and sleeping facilities, five foot first floor setbacks instead of the required 10 foot, two driveway entrances with a circular driveway and insufficient onsite parking for a multiple family development. After a thorough analysis of the proposed project, staff is recommending approval of Variance No. 93-9 for the reduction of the side yard setbacks from the required 10 feet down to five feet. The Design Review Committee reviewed the proposed project and is recommending denial of DRC No. 93-18 due to the fact that the project fails to meet Design Review Committee policies. Notices of the public hearing were posted at three public locations and published in the News-Enterprise. To date, staff has not received any comments on this proposal. The applicant stated that he had not received a copy of the staff report and he is unaware of any conditions of approval. The Planning Director stated that staff did call the applicant and verified his address. Councilmember Age suggested that this public hearing be deferred to the end of the public hearing section of the Agenda to allow the applicant time to review the staff report and hearing no objection, Mayor Kerry so ordered. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 88-8 AND VARIANCE NO 93-11 MCDONALD'S PLAYLAND AREA 10115 VALLEY VIEW STREET: Mayor Kerry declared the public hearing open. The City Manager read into a record a FAX that was received just prior to this meeting from Edward Bach, Diversified Development Company, expressing his concern regarding the elimination of six parking spaces within the McDonald's parcel in the Mervyn's Shopping Center. The Planning Director presented the staff report dated September 13, 1993, which represented a request to add an exterior children's playland area to the existing McDonald's fast food restaurant located at 10115 Valley View Street. Included in this request is a variance to allow a reduction in the required parking from 31 spaces to 25. After the preparation of an initial study in accordance with the requirements of the California Environmental Quality Act, a Statement of Negative Declaration has been filed for the project. The subject property is located within the Mervyn's shopping center and consists of a separate parcel facing Valley View Street. Since the current proposal for the playland area will result in the elimination of six parking spaces, staff required the applicant to provide a parking study. The parking study, which was commissioned by the City and paid for by the applicant concluded that there is sufficient parking adjacent to the McDonald's site. Notices of the public hearing have been posted in three public locations and mailed to all property owners within 300 feet of the subject property. At the writing of the report, staff had received no objections to this application. RECESS: Mayor Kerry recessed the meeting at 8:45 p.m. to provide the applicant an opportunity to read the FAX, and she reconvened the meeting at 8:50 p.m. with all Councilmembers present. Mr. Bruce Hess; a Supervisor for McDonald's, 4237 W. Hill Avenue, Fullerton, addressed the letter and advised that he had a conversation with Mr. Bach an 8 f r ~ CITY COUNCIL MINUTES September 27, 1993 Friday about the parking study and the loss of the six parking spaces. Apparently, Mr. Bach was concerned about not knowing the plans for the playland area. Doug Hawkins, Assistant Planner, reported that Mr. Bach remarked that he was sorry that he hadn't had advance notice of the project and he did express concern about the parking situation. The City Attorney advised that the law does not obligate the City to comply with any existing CC&Rs that may affect the property. Mayor Kerry asked if anyone else wished to speak in support of or opposition to the application. Ms. Lisa Smith, 16932 Rockcreek Circle, Huntington Beach, representing the owner, Isabelle Villasenor, stated that the playland has proved to be a positive influence at their Artesia McDonald's and she will be pleased to discuss Mr. Bach's concerns with him. No one else wished to speak in support of or opposition to the application. It was moved by Councilmember Age 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 approve Amendment to Conditional Use Permit No. 88-8 and Variance No. 93-11, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-10 AND VARIANCE N0. 93-10, HOUSING AND FLYING OF HOMING PIGEONS 5311 BISHOP STREET: The City Manager advised that three communications were received that expressed opposition to the application because they felt this was not a proper use for a residential neighborhood. The Planning Director reviewed the staff report dated September 13, 1993, which described a request for a conditional use permit to allow for the housing and flying of racing pigeons at 5311 Bishop Street. In addition, the applicant is requesting a variance to allow his two pigeon coops to be located within six inches of his rear property line. This use was brought to staff's attention after a complaint was received regarding pigeons being raised and flown from the subject address. Notices of the public hearing were posted in three public places, published in the News Enterprise and mailed to all property owners within 300 feet of the subject property. To date, staff has received one objection, which was the original violation and three more objections were received this evening. Mr. Michael Plett, 5311 Bishop Street, Cypress, told how his hearing impaired son became interested in racing pigeons, a hobby he can participate in without continual supervision. He stated that a neighbor had suggested that he use a tennis ball with string to bring the pigeons off the neighbors' house. He commented on the picture that was submitted by Mr. Mayhew showing pigeons on rooftops and the types of pigeons. The Mayor asked if anyone wished to speak in support of the application. Ms. Tina Plett, 5311 Bishop Street, Cypress, the boy's mother, stated that the pigeons on the rooftops were the fancies, not the racing pigeons. Racing pigeons are very well disciplined birds. Mr. Dave Nagel, 6876 Molokai Drive, Cypress, stressed the importance of the racing pigeon hobby in keeping the kids off the streets. The young man is out of the fancy birds, into racing pigeons and in order to win, he has to control the birds. Ms. Plett provided the Council with copies of letters from the Cypress School District and the boy's teacher. 9 ~ 7j „ . CITY COUNCIL MINUTES September 27, 1993 Councilmember Bowman commented that three letters were received from neighbors contiguous to the subject property and he read a portion of one of those letters. Councilmember Age asked the applicant if he had read the conditions, understood them and approved of them. Mr. Plett stated he agreed with the Conditions of Approval. It was moved by Councilmember Age 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 approve Conditional Use Permit No. 93-10 subject to conditions, including a condition requiring that the applicant devise an acceptable means of removing his pigeons from adjacent properties. Councilmember Age requested that the applicant relocate the pigeon coops immediately in compliance with staff's recommendation. Councilmember Bowman was opposed to the permit because he believed pigeons do not belong in a multi-family zoned area. The City Attorney clarified that the motion was to approve the application for a conditional use permit and deny the variance. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Nicholson, Partin and Kerry NOES: 1 COUNCILMEMBERS: Bowman ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT N0. 93-11 ATTACHED GRANNY UNIT, 5662 KAREN AVENUE: The public hearing was opened by Mayor Kerry. The Planning Director summarized the staff report dated September 12, 1993, which described a request to add a 330 square foot attached granny unit to the residence located at 5662 Karen Avenue. In accordance with the requirements of the California Environmental Quality Act, this application has been determined to be Categorically Exempt, Class 1(e)(2). Although the City of Cypress does not have a granny unit or second unit ordinance, State law allows cities to require a conditional use permit for attached or detached dwelling units which are intended for the sole occupancy of one or two adult persons who are 62 years of age or older. She stated that notices of the public hearing were sent and no comment has been received. Mr. Kyle Johnson, 5662 Karen Avenue, Cypress, stated that he will be constructing this unit for his mother-in-law and he assured the Council that it was not to be a rental unit. The Planning Director noted that in Condition No. 6, the age should be changed to 62 instead of 65. Mayor Kerry asked if anyone wished to speak in support of or opposition to the application. Mr. Thomas Grant, 5652 Karen Avenue, Cypress, a next-door neighbor of the Johnsons, voiced his support of the proposed granny unit. No one else wished to speak. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing and approve Conditional Use Permit No. 93-I1 subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW COMMITTEE N0. 93-18/VARIANCE N0. 93-9, SINGLE-FAMILY RESIDENCE AND ELDERLY RESIDENTIAL CARE FACILITY, 5401 BISHOP STREET, the public hearing had previously been opened and the applican± caiven an opportunity to review the stafifi report dated August 31, 1993, which had been presented earlier. 10 CITY COUNCIL MINUTES September 27, 1993 The applicant, Mr. Onufrei, objected to Conditions No. 2 and 3, and commented on Conditions No. 7, 8, 9 and 29. In discussing the added Condition No. 40, he clarified that he had .not given the City of Cypress a bad check. Councilmember Partin asked the applicant if he was willing to eliminate the back building and the applicant responded in the negative. Councilmember Bowman advised the applicant that the staff report recommended approval of the variance and denial of the design review because staff felt the design was not adequate for the lot. Mayor Kerry asked if anyone wished to speak in favor of or against the application. No one wished to speak. After additional discussion between the applicant and Council on the project, 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, approve Variance No. 93-9 for the reduction in the required width of the first floor sideyard setbacks and deny Design Review Committee No. 93-18. The Planning Director stated, for the record, that the applicant could modify the design review and reapply. The qualifications for a second unit haven't been met because it is too large, it doesn't qualify under State standards and it will still require parking spaces whether it is a second unit or an apartment unit. The Mayor directed that the garage also be enclosed. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Kerry recessed the meeting at 10:15 p.m. and reconvened at 10:30 p.m., with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE: PROPOSED DISPOSITION OF PROPERTY OWNED BY THE REDEVELOPMENT AGENCY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRINDLAY STREET AND LINCOLN AVENUE (2.3 ACRE PARCEL TO THE REAR OF THE SENIOR CITIZENS CENTER, 9031 GRINDLAY STREET: Mayor Kerry opened the public hearing. The City Manager asked the Planning Director to summarize the staff report dated September 16, 1993, which described the final action that must take place in order to complete the land transfer between the Cypress School District and the Cypress Redevelopment Agency. The transfer matter was noticed in The Register on September 11, 1993 and September 18, 1993. After reviewing the California Environmental Quality Act, it was determined that no environmental clearance is necessary to approve this action because it does not constitute a project as defined by CEQA. 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, approving the land transfer. RESOLUTION N0. 4242 A RESOLUTION OF THE CITY OF CYPRESS APPROVING A LAND TRANSFER BY AND BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CYPRESS ELEMENTARY SCHOOL DISTRICT FOR THE 2.3 ACRE PARCEL TO THE REAR OF THE SENIOR CITIZENS CENTER (9031 GRINDLAY STREET). The motion unanimously carried by the following roll call vote r AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AN ORDINANCE PROHIBITING SKATEBOARDING: The City Manager invited the Chief of Police to review the staff report dated September 20, 1993, to which was attached a draft ordinance prohibiting skateboarding on or in public or private property where the owner has properly posted such property. He mentioned the main provisions of the ordinance 11 ~ , CITY COUNCIL MINUTES September 27, 1993 granting authority to a property owner to post his property forbidding skateboarding, the manner and type of a sign that must be posted, the costs associated with the proper posting and infraction penalties. Responding to Mayor Kerry, the Chief clarified that the ordinance is city-wide if the property owner chooses to post the property; however, if that is not an issue to the property owner then the ordinance would not apply. It was moved by Councilmember Partin and seconded by Councilmember Bowman to approve the first reading of the Ordinance by title only, title as follows, prohibiting skateboarding in certain designated areas on public and private property. Mayor Kerry stated that she will oppose passage of this ordinance which would arbitrarily ban skateboarding by the posting of a sign whether skateboarders are disturbing the property or not. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, ADDING SECTION 17-69, "SKATEBOARDING PROHIBITED IN CERTAIN DESIGNATED AREAS ON PUBLIC AND PRIVATE PROPERTY," TO THE CODE OF THE CITY OF CYPRESS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF LOS ALAMITOS ARMED FORCES RESERVE CENTER OPERATIONS AND AIR INSTALLATION COMPATIBLE USE ZONES (AICUZ: The Planning Director clarified that draft letter attached to the staff report dated September 20, 1993 was approved. Discussions have been taking place with the California National Guard regarding future base activities at the Armed Forces Reserve Center and potential plans for the implementation of AICUZ standards. The Department of the Army has authorized the California National Guard to use the Air Force AICUZ criteria and to prepare a study in-house to determine proper configuration for clear zones and accident potential zones. A letter from Mark Armbruster seems to indicate that a cooperative working relationship has been established with the involved parties relating to the future AICUZ study and that the concerns of the City and the landowners are being addressed. Police Chief Daryl Wicker reported that he spoke with Captain Malone, commanding officer of the medical unit, who had no information from staff that there will be any phasing out of the MASH unit or the base hospital. It was moved by Councilmember Partin and seconded by Councilmember Age to receive and file the staff report. 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 asked that a letter be sent to the Reserve Center verifying the information received from Captain Malone on the status of the Base medical facilities. CONSIDERATION OF RETENTION OF CONSULTING TRAFFIC ENGINEERS: The Planning Director presented the staff report dated September 20, 1993, which advised that staff is preparing a comprehensive traffic and transportation engineering data base and reporting system in order to insure consistency and/or compliance concerning the General Plan, Specific Plans, the CMP and Measure M requirements. All future projects will be tested in order to insure they do not exceed the adopted thresholds of acceptable levels of traffic impacts. Past practice by the City for completing these types of studies would be to solicit proposals from consulting engineers each time an application was filed. Staff is suggesting an alternative process in order to meet the 12 c-s . ~ "~~r , - CITY COUNCIL MINUTES September 27, 1993 requirements of objective analysis and save time. This process will save City funds by reducing staff time and resources involved in the handling of projects. Further, there is no appropriation of City funds, as the applicants are paying for the total costs of the studies, plus administrative fees to cover certain City costs. It was moved by Councilmember Bowman and seconded by Councilmember Partin to authorize the implementation of a traffic/transportation consultant engineer program. 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 PROVIDING PRINTING/GRAPHIC SERVICES TO THE CITY OF SEAL BEACH: The Assistant City Manager reviewed the staff report dated September 21, 1993, which described the efforts being made by staff in actively pursuing other cities that might be interested in using the professional services of Cypress' in-house printing/graphics department. Staff has approached several surrounding cities to provide Print Shop services and Seal Beach has indicated they are ready to participate. It was moved by Councilmember Partin and seconded by Councilmember Nicholson that the City Council authorize the provision of Print Shop services to the City of Seal Beach as outlined in the report and direct the City Attorney to draft a formal agreement for the Mayor's signature. 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 AMERICANS WITH DISABILITIES ACT (ADA) - ARCHITECTURAL BARRIER IDENTIFICATION REPORT: The City Manager requested the Personnel Director summarize the report dated September 22, 1993, which provided an introduction to the Architectural Barrier Identification Report (self-evaluation study). This report was prepared by Leesak Architects to identify all architectural barriers, for City-owned facilities, develop costs for their removal, propose alternate means of compliance and prioritize the removal barriers and present the results. Considering the ADA Accessibility Guidelines, the required procedural steps for handling the results of this study will require additional review by the City's ADA and Technical Advisory Committees for facility prioritization. Councilmember Nicholson brought up the question of the Boys and Girls Club restrooms and requirement to raise the toilets. Mr. Jim Bertel, representing Leesak Architects AIA, Inc., reported that the ADA does not address age restrictions requirements, just what is required for an adult and equivalent facilitation could be arranged for the children. The City Manager said that "reasonable accommodation" appeared to be the key to this Act. Mayor Kerry mentioned the proposed modifications to the Cultural Arts Center which is property owned by the Anaheim Union High School District. She stated she was opposed to the City making any improvements on that property. The proposed improvements to City-owned facilities will cost almost $700,000 and must be in place by January 1995. Councilmember Bowman suggested that the lease agreements be reviewed on the properties that the City is involved with, i.e., the Boys and Girls Club, Chamber of Commerce, Straight Talk and any other building that the City is leasing. After some discussion, the City Attorney explained that everyone is struggling to r,ompl,~ aria the question orr the decjrk~F,~ +af modification i~ not clear at this. point. 13 c > ~ CITY COUNCIL MINUTES September 27, 1993 Mr. Bertel stated that Title II does not specifically require structural alterations in all cases. As an example, facilities could be combined and services offered at an accessible location. The Personnel Director advised that the report identified interim solutions and, in some cases, those solutions will be followed and the City's monetary obligation would be much less. The Technical Advisory Committee will look at "reasonable accommodation" issues. Councilmember Nicholson suggested that the Architectural Barrier Identification Report be made available to the members of the Citizens Fiscal Advisory Committee Councilmember Age concurred with Councilmember Bowman's suggestion of reviewing leases. The City Attorney advised that a report from the Attorney General's office stated that cities are not responsible for the enforcement of the ADA provisions for property other than those owned. Mr. Bertel mentioned that two parks were noted not to provide an accessible path and Leesak will amend their report. It was moved by Councilmember Age and seconded by Councilmember Partin that the City Council receive and file the Architectural Barrier Identification study conducted by Leesak Architects AIA, Inc.; and return the results of the study to the City's ADA and Technical Advisory Committees for further recommendations. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 6582 - 6619: It was moved by Councilmember Partin and seconded by Councilmember Age to approve the Warrants No. 6582 through 6619 in the amount of $687,264.39. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Recreation and Park District Matters: CONTINUATION OF CONSIDERATION OF FACILITY USE POLICY: The Recreation and Parks Director presented the staff report dated September 20, 1993, which indicated that, following Council's direction, the Recreation and Community Services Commission have reviewed staff's recommendations on measures to prevent the type of incident that occurred at the Cypress Community Center on July 10. A copy of the original proposal, along with the recommended changes by the Commission was attached for Council's approval. It was moved by Councilmember Bowman and seconded by Councilmember Partin that the City Council, acting as ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the Facility Use Policy as recommended by the Recreation and Community Services Commission. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Kerry recessed the Council meeting at 11:15 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting was reconvened at 11:20 p.m., with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda: No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 14 . /J ~ CITY COUNCIL MINUTES September 27, 1993 The City Manager asked for Council consideration of a workshop session at the next meeting to discuss transportation issues. ADJOURNMENT: At 11:20 p.m., Mayor Kerry adjourned the meeting to Tuesday, October 12, 1993 at 4:30 p.m. for a Transportation Issues Workshop. MAY OF THE~CITY 0 S ATTEST: CITY CLERK 0 H CIT CYPRESS 15