Minutes 93-10-12
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 12, 1993
The Regular Meeting of the Cypress City Council was called to order at 4:35
p.m. on Tuesday, October 12, 1993, in the Administrative Conference Room, City
Hall, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding.
PRESENT: Councilmembers Age, Bowman, Nicholson and Kerry
ABSENT: Councilmember Partin
Also present were City Manager/City Clerk Darrell Essex, City Attorney John
Cavanaugh, Acting Public Works Director Bill Kelly, Planning Director Chris
Eynon, City Engineer Ernesto Munoz and Traffic Consultant Steve Sasaki.
WORKSHOP SESSION: Transportation Issues
The City Manager prefaced the meeting by stating that the City was running
into development problems with regard to transportation issues involving the
entire community, focusing on the Business Park and the future development of
that Park. The Planning Director introduced Mr.~Steve Sasaki, of West and
Pringle Associates (WPA). traffic consultant, who has been collecting general
and specific data. The Acting Public Works Director spoke on the need to
establish a baseline, adopt consistent guidelines and determine traffic
volumes and he suggested that the development fees from the Business Park pay
.for these things. One of the biggest issues facing the City is the resolution
of the traffic issue. The City Attorney emphasized that environmental issues
are being viewed as to their cumulative impact. The City Manager reported on
the very successful meeting with the Business Park landowners this morning.
The impact of the development of the Business Park on the City and traffic was
discussed with Council along with all of the other issues that staff is
dealing with in terms of the General Plan, specific plans of development,
adhering to Measure M requirements for congestion management and working on
other traffic-related issues. Additional action items will be presented to
the Council in the future.
RECESS: Mayor Kerry recessed the meeting at 5:30 p.m. to enable the
Councilmembers to reconvene in the Council Chamber. The 5:30 p.m. portion of
the Council meeting convened at 5:40 p.m. with all Councilmembers present.
Also present were City Manager/City Clerk Darrell Essex, City Attorney John
Cavanaugh and staff members Barrett, Eynon, Krauss and Munoz.
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 City Manager asked the Council to consider adding a Design Review to the
Consent Calendar on an urgency basis. It was moved by Councilmember Partin
and seconded by Councilmember Nicholson to add DRC No. 93-20 as Item 13A. 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 Item No. 12, Consideration of Amending the Class
Specification for the Position of Finance Systems Analyst be removed for
further discussion.
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CITY COUNCIL MINUTES October 12, 1993
It was moved by Councilmember Partin and seconded by Councilmember Bowman to
approve Consent Calendar Items No. 1 through 13A, with the exception of Item
No. 12. 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. l: Motion to Approve City Council Minutes of the Regular Meeting of
September 27, 1993.
Recom?riendation: That the City Council approve the Minutes of September 27,
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 October 1993, as "United Way Month."
Recommendation: That the Mayor and City Council officially proclaim October
1993, as "United Way Month" in the City of Cypress.
Item No. 4: Consideration of Proclaiming October 1993, as "Breast Cancer
Awareness Month" and October 19, 1993, as "Breast Self Exam and Mammography
Awareness Day."
Recommendation: That the Mayor and City Council officially proclaim October
1993, as "Breast Cancer Awareness Month" and October 19, 1993, as "Breast Self
Exam and Mammography Awareness Day" in the City of Cypress.
Item No. 5: Consideration of Design Review Committee's Approval of DRC #93-
22.
Recommendation: Receive and file.
Item No. 6: Consideration of Proclaiming October 27, 1993, as "Unfunded
Mandates Day."
Recommendation: That the Mayor and City Council officially proclaim October
27, 1993, as "Unfunded Mandates Day" in the City of Cypress.
Item No. 7: Consideration of an Application for an Original Alcoholic
Beverage License Filed by Miguel A. & Rita T. Pereira, D.B.A. Pipo's Italian
Restaurant & Pizza, 9515 Valley View Street, Cypress.
Recommendation: Receive and file.
Item No. 8: Consideration of Proclaiming November 7 -1 13, 1993, as "Homeless
Awareness Week."
Recommendation: That the Mayor and City Council officially proclaim November
7 - 13, 1993, as "Homeless Awareness Week" in the City of Cypress.
Item No. 9: Consideration of Employment List - Community Service Officer.
Recommendation: Receive and file.
Item No. 10: Consideration of Proclaiming the Remaining Holiday Months of
1993 and All of 1994, as "Buckle Up For Life Challenge."
Recommendation: That the Mayor and City Council officially proclaim the
remaining holiday months of 1993 and all of 1994, as "Buckle Up For Life
Challenge."
Item No. 11: Consideration of Hearing Officer's Recommendation on the
Discipline of Charles Shepperd - Police Officer.
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CITY COUNCIL MINUTES October 12, 1993
Recommendation: That the City Council move to adopt and certify the
recommendations of the Hearing Officer, R. Douglas Collins, dated September
20, 1993 and thereby deny the discipline appeal of Charles Shepperd, Police
Officer. j
Item No. 13: Consideration of Proclaiming October 1993, as "Arts and
Humanities Month."
Recommendation: That the Mayor and City Council officially proclaim October
1993, as "Arts and Humanities Month" in the City of Cypress as requested.
Item No. 13A: Consideration of Design Review Committee's Approval of DRC #93-
20.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
Regarding Item No. 12, Consideration of Amending the Class Specification for
the Position of Finance Systems Analyst, Mayor Kerry asked about the position
in the Finance Department that had been eliminated. The Finance Director
replied that it was the position of Finance Administrative Intern, a part-time
position. Governmental accounting experience and various kinds of computer
hardware knowledge have been added to amend the previous job specification
It was moved by Mayor Kerry and seconded by Councilmember Nicholson to approve
the amendment to the Position Classification Plan for the position of Finance
Systems Analyst as outlined in the 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
ORDINANCES (Second Reading) & RESOLUTIONS:
The City Manager requested that the words, "...and a Request for Either a
Circular Driveway or One Large Driveway." be deleted from the Resolution
title.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to adopt the Resolution by title only, amended title as follows, granting
Variance No. 93-9.
RESOLUTION N0. 4243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW THE REDUCTION IN THE REQUIRED SIDE YARD SETBACK FROM 10' TO 5'
- VARIANCE NO. 93-9 (5401 BISHOP STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson ,
to adopt the Resolution by title only, title as follows, amending CUP No. 88-
8.
RESOLUTION N0. 4244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 88-8 - WITH CONDITIONS
(MCDONALD'S, 10115 VALLEY VIEW STREET).
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES October 12, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Partin and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, granting Variance No.
93-11.
RESOLUTION N0. 4245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW A REDUCTION IN THE REQUIRED PARKING FROM THE REQUIRED 31 SPACES
DOWN TO 25 SPACES - VARIANCE N0. 93-11 (MCDONALD'S, 10115 VALLEY VIEW
STREET).
The motion unanimously carried by the following ro11 call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to adopt the Resolution by title only, title as follows, approving CUP No. 93-
10.
RESOLUTION N0. 4246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 93-10 - WITH CONDITIONS (HOUSING AND FLYING
OF RACING PIGEONS, 5311 BISHOP STREET).
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
It was moved by Councilmember Age and seconded by Councilmember Partin to
adopt the Resolution by title only, title as follows, denying Variance No. 93-
10.
RESOLUTION N0. 4247
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 THE TWO EXISTING PIGEON COOPS TO REMAIN WITHIN ONE FOOT OF THE
REAR PROPERTY LINE - VARIANCE N0. 93-10 (5311 BISHOP STREET).
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
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to adopt the Resolution by title only, title as follows, approving CUP No. 93-
11.
RESOLUTION N0. 4248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 93-11 - WITH CONDITIONS (GRANNY UNIT, 5662
KAREN AVENUE).
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES October 12, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and. Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Partin and seconded by Councilmember-Age to
order the following Ordinance read by title only,.. title as follows and to
adopt the Ordinance prohibiting skateboarding in '.certain designated areas. a..
ORDINANCE N0. 902
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
CLUSEU SESSION: Mayor Kerry recessed the meeting at 5:50 p.m. to allow the
Council to enter into a Closed Session to discuss matters of personnel and
litigation. The meeting reconvened at 7:30 p.m. with all Councilmembers
present. Also present were staff members Barrett, DeCarlo, Eynon, Krauss,
Munoz and Storey.
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Nicholson.
PRESENTATION: Mr. Mike Arbogast, Assistant District Manager for the local
Automobile Club of Southern California, presented a Pedestrian Safety Plaque
from the Auto Club to Mayor Kerry and Police Captain Krauss.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Joe Kramer, Cypress, advised that he had posted bonds in September 1992
for one year and now he cannot receive the money until one year from the
granting of the Certificate of Occupancy. The Planning Director explained
that the wording had been changed to one year from the issuance of the
Certificate of Occupancy and the agreement had been changed to reflect this.
The City Attorney stated that he did not want to give the impression that
interpretations can change, but if there is additional information maybe the
interpretation would be different. This interpretation was not done hastily
and the legal opinion would not be changed based on the information already
supplied. Mr. Kramer advised that he would make an appointment with the City
Manager.
Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, asked for an update on the
drainage pump station within the Sorrento Homes development. The City Manager
will provide a response at the next Council meeting.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda
Mayor Pro Tem Age announced that her former neighbors, the Delaways have
bought the Dairy Queen in Cypress and their daughter Bonnie has been appointed
Disneyland Ambassador to the World.
Mayor Kerry announced that Police Officer Spernak and the La Palma paramedics
received a commendation from the County of Orange Supervisors for their heroic
efforts in saving a child from a house fire.
She also announced that she attended a function at the Cypress Golf Course for
Sam Ermolenko, a Cypress citizen, who won the World Motorcycle Speedway title
and also won the Speedway races in Costa Mesa.
Councilmember Partin asked Police Captain Krauss to update the community on
'the recent parking dot occurrence at Cypress High School. The City Manager
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CITY COUNCIL MINUTES October 12, 1993
advised this was in response to the many rumors of gang warfare taking place
at the high school. Captain Krauss provided background information on an
event that was not gang-related, which resulted in an altercation between high
school students who were upset over a driving incident. He stated that any
time someone has a concern about any alleged gang-related incidents to contact
either the high school or the Cypress Police Department.
The City Manager reported on the Workshop on Transportation Issues involving
the entire community, focusing on the Business Park and the future development
of that Park. The impact of the development of the Business Park on the City
and traffic and the other issues that staff is working on, such as, the
General Plan, specific plans of development, adhering to Measure M
requirements for congestion management and working on other traffic-related
issues of importance to the Council. Further reports will be presented to
Council for action in the future. He then summarized actions taken by the
Council during the 5:30 portion of the meeting.
The City Attorney reviewed discussions held by the Council during Closed
Session on current litigation status of Stanton vs. the City of Cypress and a
personnel issue which the City Manager discussed with the Council.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: .GENERAL PLAN AMENDMENT
NO 93-1 AND ZONE CHANGE N0. 93-1, 4921 AND 4931 ORANGE AVENUE and
CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT N0. 93-2, 4871,
4901 AND 4911 ORANGE AVENUE: Mayor Kerry clarified the meaning of the words,
"high density" that had been used in the public hearing notices and published
in the newspaper. The City Manager reported that an additional communication
had been received from Mr. and Mrs. Robert Lang, 9564 Tivoli Circle. A
cursory review of the various petitions and letters noted some duplication but
about 100 to 150 people had voiced concerns about this particular project.
The Planning Director stated that the two items on the Agenda are related and
when General Plan Amendment No. 93-2 came before the Council, the property
owners at 4871, 4901 and 4911 Orange Avenue indicated that they would also be
interested in having a General Plan Amendment and Zone Change on their
property. Council had asked staff to consider the ramifications and potential
development of all of the properties. As a result, there are two items, 21
and 22, before the Council. Mayor Kerry opened the public hearings on both of
the above items.
The Planning Director presented the staff report dated October 5, 1993 on
Continuation of Consideration of General Plan Amendment No. 93-1 and Zone
Change No. 93-1, 4921 and 4931 Orange Avenue, which is related to all five
properties and the public hearings will be conducted concurrently. The
proposal included changing the General Plan Land use designation from Low
Density Residential to High Density Residential. This also included a zone
change from RS-6,000 Residential Single-Family to RM-20 Residential Multiple-
Family. An initial study was prepared for the project and a Notice of Intent
to file a Negative Declaration was published according to the requirements of
the California Environmental Quality Act. In response to Council direction,
staff initiated General Plan Amendment No. 93-2 to study similar land use
alternatives for 4871, 4901 and 4911 Orange Avenue. The report addressed: 1)
a description of the subject property and surrounding uses; 2) public concerns
and input; and 3) a discussion of land use and design control alternatives.
She then discussed five alternatives of land use and design control. The
first alternative is retaining the existing land use and zoning designations.
The other alternatives focused on options for increasing the density to a
Medium Density or High Density alternative.
A site plan had been submitted for review by the public and it was also
presented at the neighborhood meeting. Staff's recommendation would be Option
5 because it appeared to meet the intent of some of the issues that Council
had identified, but there is also the alternative of combining some of the
options.
Responding to Mayor Kerry, the Planning Director replied that the applicants
always pay for the Specific Plan. She clarified that the one item that best
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CITY COUNCIL MINUTES October 12, 1993
addressed the issues is the specific plan, which is a lot of planning for a
small area and normally not done on an area of 2.8 acres.
The applicant, The Olson Company, was represented by Mark Buckland who stated
that there are single family homes on 17,000 square foot lots with the homes
becoming rentals with RV and boat storage in the back. They have met with the
citizens a number of times and attempted to address their concerns, met with
the project planner and responded to some of the 'flyers that have been sent
out objecting to the project. He addressed some additional concerns of the
neighbors and provided an explanation of the proposed site plan.
The Planning Director made some technical clarifications that the reference to
16,920 square foot lot in the staff report was not meant to be a reason to
increase the density; it was merely a statement. Secondly, there's a
difference between not having an environmental impact report and increasing
traffic.
Mayor Kerry asked if anyone wished to speak in support of the project.
Mr. Jonathan Saltman, 4883 Corsica Drive, Cypress, referenced a "Beware" flyer
that he had received and upon investigation, arrived at the conclusion that it
was completely misleading. He felt that his home would be more valuable when
he had newer homes surrounding him.
Mr. Warren Bodwell, 8131 Gay Street, Cypress, spoke in favor of the zoning
change, explained that all of the five property owners are not in favor of
selling now but they are in favor of a zone change. He didn't believe that
the elimination of two houses, over 40 years old, and building new homes will
ruin anyone's property value. Everyone will benefit from the project.
Ms. Denise Sage, 9350 Esther Street, Cypress, stated she came to the meeting
to speak against the project because there is a lot of misinformation. She
suggested that the City put out accurate information through the News
Enterprise, then there wouldn't be a problem. Her neighbors would be in favor
of a project that would require home ownership.
Mr. Bill Waddle, 4322 Crescent Avenue, Cypress, advised that he is involved
with this project and extending Ashbury Avenue has never been part of the
planned project. He expressed concern about a specific plan. He stated that
two of the neighbors do not plan to sell their property in the near future but
did want to have the zone change.
Responding to Councilmember Bowman who asked if the charge for the specific
plan could be done on a prorata basis on lots as they develop, the City
Attorney explained that State law authorized the City to recoup those costs
for the specific plan.
Ms. Brenda Hoagland, 4921 Orange Avenue, Cypress, owner of one of the subject
properties, remarked that her lot is not wide enough to build on. She
believed the developers had a good product to sell, will build homes that will
enhance the property values and the proposed project is the best use of the
parcel.
Mayor Kerry asked if anyone wanted to speak in opposition to the application.
Ms. Teresa Ivins, 9527 Naples Drive, Cypress, presented the Council with 11
more letters in opposition to the project. She clarified some issues that
were brought up earlier about the letter and the people who signed the letter
were well aware of its contents. She expressed concern about spot housing if
a specific plan is not in place, suggested developing all five lots so they
look like a community and wanted single family housing.
Mr. Anthony Kulassia, 9435 Gregory Street, Cypress, stated that the people in
favor of the project are the builders, developers and the people selling their
property. He appreciates the low density and wants to keep it that way.
!~1 ~tie~ ~%c~gers, 4219 Dover Circle, %ypress, addressed the proposed General
Plan Amendment. She spoke about the disasters deviations from the General
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CITY COUNCIL MINUTES October 12, 1993
Plan can cause, i.e, Hyatt Die Cast manufacturing plant on Lincoln Avenue and
several others in the City. She cautioned that once the General Plan is
changed, the zoning generally changed right behind it and once that happened,
there is no guarantee of anything. She stated that they are really talking
about 36 homes and that is what needs to be remembered.
Ms. Anne Mocniak, 4941 Lemon Avenue, Cypress, remarked that she was not
adverse to developing this property, but until the project description no
longer says 15-20 high density in writing, she will not feel comfortable with
the development. She suggested Ashbury be punched through, turned into an "L"
shaped street, eliminating two of the proposed homes which would permit a wall
to be extended along Orange Avenue and allow these parcels to be developed
without the sale of the other properties.
Mr. Ed Mazur, 4961 Lemon Avenue, Cypress, stated he did not want any three
story buildings behind his property. He said if they hadn't intended that
Ashbury Avenue go through, they would have made a cul-de-sac. He voiced his
opposition to a zoning change.
Mr. Dan Jarecki, 4901 Lemon Avenue, Cypress, advised that he did meet with the
developer and had seen their Los Alamitos project. He was assured that type
of project was not proposed for these properties, but he expressed concern on
the proposed development. He would like to see a single family residence with
a yard, which could be accomplished by punching Ashbury through.
Ms. Ann Fowler, 4792 Ashbury Avenue, Cypress, stated that she did not want
Ashbury punched through and is opposed to a zone change.
Mr. Tom Barrera, 9445 Gregory Street, Cypress, remarked that he expected the
General Plan to be followed, Ashbury should be punched through and the homes
should be built on the lot sizes that have been planned. The proposal
presented does not benefit the citizens of Cypress.
No one else wished to speak for or against the proposed General Plan amendment
and zone change.
Mr. Buckland commented that many of the neighbors really did not want a
change. There will be a tax impact for the City and they will develop a
project that will benefit the City.
Councilmember Bowman asked if the City could require design standards for this
area and the requirement of a development agreement on each parcel to be
developed because a special specific plan will be considered. The City
Attorney responded that under a specific plan, the density, development
standards, etc., can be established without a development agreement. If
uniformity is the concern, the specific plan will address that to a certain
extent and design guidelines can be established for Council and/or staff
review.
On the fees, the City Manager advised that the property owners have paid the
fees up front and they will be reimbursed or charged the fee when the
development takes place on the remaining parcels. He suggested that the
specific plan would be the preferred option.
After further discussion, the City Attorney commented that the Council is
interested in maintaining certain controls over this particular 2.8 acres with
respect to how it will be developed and that is how the specific plan would be
designed. He recommended that the specific plan be done by ordinance. With
an ordinance, it would supersede the existing zoning and apply to that
particular property.
RECESS: Mayor Kerry recessed the meeting at 9:52 p.m. and reconvened at 10:13
p.m. with all Councilmembers present.
The Planning Director outlined the various alternatives on the specific plan
in order to expedite the plan which started with the receipt of parameters
r:~n'c ~t~~_- ~:t. Council ~~~r:ight. Sp~ciri:~ ~~±an parameters can be as specific as
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CITY COUNCIL MINUTES October 12, 1993
necessary so all of the five properties could be looked at as a phase
development.
The City Manager summarized the two issues which were: the parameters Council
wished to direct in terms of the specific plan and the interest of the
developer in upfronting the funding to expedite the project to get the
specific plan drafted as quickly as possible.
Mr. Buckland stated that the developer didn't mind fronting the money as long
as there was some mechanism in place that would provide for their
reimbursement in the future on a prorata share basis. The City Manager stated
that on the funding, the City could verify an amount with the consultant,
check with the developer as to the reasonableness of the amount and then
proceed or return to Council if required.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to close both public hearings and order the following Ordinance read by title
only, title as follows and to adopt the Ordinance to change the General Plan
to Medium Density Residential. Councilmember Bowman stated that the property
is not conducive to single family homes. The only reasonable way the property
is going to look better is if an increased density is allowed and the motion
is made with the understanding that a specific plan will be done.
Councilmember Nicholson commented that she agreed with Councilmember Bowman,
Ashbury Avenue was not punched through because someone did not sell their
property.
ORDINANCE N0. 903
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING A MORATORIUM ON THE CONSTRUCTION AND USE OF RESIDENTIAL
BUILDINGS ON ALL PROPERTY LOCATED AT 4921, 4931, 4871, 4901, AND 4911
ORANGE AVENUE, CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry.
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: At the request of the City Attorney, Mayor Kerry recessed the
meeting at 10:34 p.m. to enable Council to enter into a Closed Session. The
meeting reconvened at 10:47 p.m. with all Councilmembers present.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to place the consideration of an urgency moratorium on the Agenda. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to place a moratorium on the subject property for 45 days with specific
findings as stated by the City Attorney that will be included in the Ordinance
in order to safeguard the zoning of the property: 1) to reserve appropriate
located areas for family living within the specific area located consistent
with the General Plan and with sound standards of public health; safety and
welfare; 2) to insure adequate light, air, privacy and open space for each
dwelling located within the designated area; 3) to minimize traffic congestion
and to avoid the overloading of utilities by preventing the construction of
buildings of accessible or number in relation to the land area around them; 4)
to protect residential properties from noise, illumination, unsightliness,
odors, smoke and other objectionable influences; and 5) to facilitate the
provision of utility services and other public facilities commensurate with
anticipated population, dwelling unit densities and service requirements.
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES October 12, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Partin and seconded by Councilmember Bowman to
direct staff to: 1) conduct a study to find the appropriate zoning for the
five parcels; 2) return with that study for Council determination of the
appropriate zoning; and 3) commence with the preparation of the specific plan
for the property as expeditiously as possible. 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 stated that these actions addressed both Items 21 and 22 with the
intent to return to Council with a report, after staff meets with the
developer, on the cost of preparing a specific plan. At that time,
development standards will be provided to staff by the Council.
The City Manager clarified that there will be hearings for public input on the
specific plan as a part of the process.
At this time, certain members of the Council made suggestions for inclusion in
the proposed specific plan. Councilmember Bowman mentioned floor area ratios
not to exceed .50; maximum one unit per 3500 square foot land area; at least
2.5 parking spaces per unit; height limitations and generally the standards
for PUD-type development. Mayor Kerry encouraged the gated community concept;
structures no more than two stories in height; and no underground parking
under any circumstances. She would like to see a minimum of 30 feet from the
back unit to the north rear property ,line. Councilmembers Age and Nicholson
would like to see individual properties developed as a phase of a larger,
overall development, considering exterior design, roofs, etc.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
73-2, EXPANSION OF AUTOMOTIVE REPAIR FACILITY, 9052 WALKER STREET: Mayor
Kerry opened the public hearing and the City Manager. reported that a
communication had just been received from the property owner requesting a
continuance.
It was moved by Councilmember Nicholson and seconded by Councilmember Age 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
CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW COMMITTEE N0. 93-21 AND
VARIANCE N0. 93-13, CONVERSION OF STORAGE SHED INTO RESIDENTIAL USE WITH A
REDUCED SIDE YARD SETBACK. 4891 GRACE STREET: The public hearing was opened
by Mayor Kerry. The Planning Director presented the staff report dated
September 29, 1993, which represented a request for withdrawal of the
application from consideration by the Council. After deducting $347.00 from
the total application fees of $600.00, $253.00 is available for refund.
It was moved by Councilmember Nicholson and seconded by Councilmember Age to:
1) close the public hearing; 2) accept the withdrawal of Design Review
Committee No. 93-21 and Variance No. 93-13; and 2) approve a partial refund of
$253.00 of application fees for Design Review Committee No. 93-21 and Variance
No. 93-13. 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 October 12, 1993
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 93-12 REDUCED SIDE YARD
SETBACK FOR A SINGLE-FAMILY HOME ROOM ADDITION 5641 ST. ANN AVENUE: Mayor
Kerry opened the public hearing. The Planning Director summarized the staff
report dated October 4, 1993, which represented a request for a variance from
Section 9.2.6.6. of the City of Cypress Zoning Ordinance to permit a three
foot instead of the minimum required five foot sideyard setback for a one-
story room addition to a single family home. According to the requirements of
the California Environmental Quality Act, this project is considered to be
Exempt, Class 1. The Morrell's home on St. Ann Avenue is similar to other
homes in the vicinity, in that it is a one-story home built on a deep, narrow
lot. Due to the narrow width of the lot, design options for room additions
are limited. Notices of the public hearing were published, posted and mailed
to all property owners within a 300 foot radius. To date, staff has received
no communication on this matter.
Mayor Kerry cited a portion of the report that indicated that the Code was
amended in 1987 permitting homeowners in the RS-6,000 and RS-15,000 Zones to
construct a room addition as close as three feet from the interior side
property line. She asked if an amendment could be made to include the RM-15
zone so a single family home in that zone would also be afforded the same
exclusion as homeowners in the RS-6,000 and RS-15,000 zones. The Planning
Director replied in the affirmative but would request a study be made to
determine if there were other implications and bring that study before
Council. Mayor Kerry asked that this item be placed on a future agenda.
Mr. Joseph Morrell, 5641 St. Ann Avenue, Cypress, responded to Councilmember
Age that he had discussed his project with all his neighbors and they had no
objections.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Partin and seconded by Councilmember Age to
close the public hearing and approve Variance No. 93-12, subject to Rj-~~
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 STATUS REPORT ON THE UTILITY SERVICES STREET SWEEPING FEES:
The City Manager asked the Finance Director to present the staff report dated
October 4, 1993, which indicated the institution of residential and non-
residential street sweeping fees of $2.50 per month per water meter. Several
residents have called questioning these changes. Due to the procedure of
adding the street sweeping fee to each water meter, the residential units on
private streets began being billed for street sweeping. The other type of
situation involved two or more units on a lot each paying for street sweeping.
Mayor Kerry expressed concern about multiple properties and unless it is over
a certain number of units, it would be considered on an individual basis.
Councilmember Bowman remarked that Council would instigate the fee,
refinements would be made and then insure the large parcels are paying on a
prorata basis.
Councilmember Partin commented that condominiums do use street sweeping
services because the arterial streets around the complex are being swept and
he would definitely opt for maintaining the base fee and then adjust from
there.
Ms. Verna Dodson, 5771 La Jolla Way, Cypress, explained that the Cypress
Monterey Homeowners' Association doesn't have street sweeping inside the
complex and they have never been billed.
Mayor Kerry stated that the residents of the condo should be paying for
whatever street frontage they have and be billed as a total amount to the
association.
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CITY COUNCIL MINUTES October 12, 1993
Council directed staff or a consultant to conduct a study and return with the
results at the first Council meeting in January. Mayor Kerry stated that no
changes were to be made now and there would be no refunds when the changes are
made.
Councilmember Nicholson advised that she has had calls from residents on
Orange Avenue between Valley View and Walker who want their street swept now
that they are being charged.
Mr. John Ditchkus, 5162 New Mexico Lane, Cypress, read an excerpt from the
Cypress News on street sweeping every week being a waste of money, people
don't like it and he suggested street sweeping one day a month. He asked the
Council to reverse their position on street sweeping. He complained about the
charges for the trash pickup and he stated he doesn't have that much trash.
Councilmember Age asked about the special rates on utilities for low income
people. The City Manager would check with Briggeman to determine if they
offer the special rates.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue the meeting past the hour of 11:30 p.m. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF ZONING DETERMINATION REQUEST FOR OUTDOOR SWAP MEET IN
PUBLIC/SEMI PUBLIC ZONE - LOS ALAMITOS RACE TRACK: The City Manager called
upon the Planning Director to present the staff report dated September 30,
1993, which described the requirement for a zoning determination in order to
resolve whether the category of "outdoor swap meets" is to be included in the
PS Public/Semi Public Zone. She clarified that staff requested this item be
placed on the Agenda in response to an application filed by Mr. Lloyd Arnold
for a "merchandise sales program" on property located at the southeast corner
of Katella Avenue and Walker Street.. A zoning determination request is not
considered a project under the requirements of the California Environmental
Quality Act, therefore, no environmental documentation will be filed for this
action. In the past, the City has had two requests for swap meet type uses at
the Los Alamitos Race Track facility. Staff is requesting Council to make a
final determination that an outdoor swap meet use is similar to and falls
within the category of fairgrounds and accessory uses and entertainment.
After some discussion, the City Attorney advised that the issue is whether or
not the Council is going to make the interpretation that a swap meet falls
within the definition of fairgrounds and accessory uses and entertainment so
that in the event anyone came in and proposed a swap meet, a policy decision
has been made that a swap meet is within the definition. It does not mean a
particular application will be granted.
It was moved by Councilmember Partin and seconded by Councilmember Bowman that
outdoor swap meet uses are included within the scope of fairgrounds and
accessory uses and entertainment and may be permitted subject to a conditional
use permit in the PS Zone, and as also described under Section VI.B.3.o of the
Cypress Business and Professional Center Specific Plan. The City Attorney
clarified, for the record, that if it is the Council determination to include
a swap meet within the fairgrounds, it wouldn't be classified as an accessory
use. It would be classified as a fairground and basically entertainment that
requires a conditional use permit. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin, and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PARTICIPATION IN COUNTY OF ORANGE MORTGAGE CREDIT CERTIFICATE
PROGRAM: The City Manager presented the staff report dated October 7, 1993,
which described a mortgage credit certificate program from the State for a
Mortgage Credit Certificate (MCC) allocation. The MCC Program is an
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CITY COUNCIL MINUTES October 12, 1993
alternative to mortgage revenue bond-backed financing as a means of providing
assistance for the purchase of single-family housing. Designed to benefit
first-time home buyers, this program will provide a federal tax credit. If
the City of Cypress elected to participate with the County in the MCC Program
and determined that a program for down-payment assistance to first-time home
buyers is required, the City can request the County to reprogram HOME funds
allocated to the City and/or use its redevelopment housing fund dollars to
fund a program for down-payment assistance. ~x.:.,~r
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
enter into the a cooperative agreement approving the City's participation with
the County in the Mortgage Credit Certificate Program and authorize the Mayor
to sign the cooperative agreement on behalf of the Cypress City Council. 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. 6659 -
6919: It was moved by Councilmember Bowman and seconded by Councilmember
Nicholson to approve the Warrants No. 6659 through 6919 in the amount of
$1,086,158.81. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 11:50 p.m.
MAYOR OF THE CI YPRESS
ATTEST:
CITY 0 HE CITY F CYPRESS
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