Minutes 93-11-22
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 22, 1993
The Regular Meeting of the Cypress City Council was called to order at 4:30 p.m in the
Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress,
Mayor Gail Kerry presiding.
PRESENT: Councilmembers Age, Bowman, Nicholson and Kerry
ABSENT: Councilmember Partin
The Council conducted oral interviews of the six applicants that applied for positions on
the five member Relocation Appeals Board.
RECESS: Mayor Kerry recessed the meeting at 5:20 to allow the Council to reconvene in
the Council Chamber. The Council meeting was called to order at 5:30 p.m. with all
Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Cavanaugh and staff members Barrett, DeCarlo, Eynon, Munoz, 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 ON-CALL ELECTRICIAN SERVICES: The City
Manager referred to the staff report dated November 2, 1993, advising that a request to
renew the existing contract for an additional two year period with no increase in
existing rates had been received from Anderson & Howard Electric, Inc.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
authorize the renewal, for an additional two year period, of the On-Call Electrician
Services with Anderson & Howard Electric, Inc., 1791 Reynolds Avenue, Irvine, CA 92714,
in a not to exceed amount of 58,740 at the rates described in their quotation. 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 AUTHORIZATION OF AWARD OF CONTRACT FOR A GENERAL PLAN/SPECIFIC
PLAN CONFORMITY ANALYSIS: The Planning Director summarized the staff report dated
November 8, 1993, which indicated a conformity analysis between the Cypress General
Plan and the Business Park Specific Plans is warranted at this time. Issues have been
raised relating to air quality and traffic demand management which could potentially
impact future Business Park development. Proposals were received from a total of
three Planning and Environmental firms. As with similar previous projects, the total cost
of the consultant services will be paid for by the property owners. The Planning
Director reported that each of the bidders had broken down the cost of the analysis by
property owner and the cost for the Cypress Business and Professional Center was much
greater. She will verify why the larger amount was given by each of the bidding firms,
but she believed it was because of the changes in the types of land uses versus what
was originally approved in the Specific Ptan.
It was moved by Councilmember Partin and seconded by Councilmember Bowman to
award the contract to the planning and environmental firm of Cotton/Beland/Associates,
Inc., 747 E. Green Street, Suite 400, Pasadena, CA 91101 for a General Plan/Specific Plan
Conformity Analysis in the amount of 514,850. 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 FOR OFF-SITE RECORDS STORAGE: The Assistant
City Manager reviewed the staff report dated November 15, 1993, which indicated that
the City's present record storage facility has outgrown its design capacity of file
containers. Off-site storage will free up approximately five years capacity in the current
records center and will allow,sufficient time to determine the appropriate technology
for retention of older files. Staff received proposals from three vendors.
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CITY COUNCIL MINUTES November 22, 1993
It was moved by Councilmember Age and seconded by Councilmember Partin to award
a contract to MFI/Master Files, Inc., 1000 New York Street, Long Beach, CA 90813 at the
rate of $.23 per month per cubic foot for file storage with the setup, retrieval, refiling
and transportation fees 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
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 asked that Item No. 9, Consideration of Federal Housing and
Community Development Block Grant Application - 20th Year and Councilmember
Bowman requested that Items No. 11 and 18, Consideration of Traffic Concern Involving
the Eastbound Left Turn Lane at the Intersection of Ball Road and Valley View Street and
Consideration of Re-allocation of Appropriation From Personnel Services to Outside
Professional Services, be removed from the Consent Calendar.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the Consent Calendar Items No. 4 through 18, with the exception of Items
No. 9, 11 and 18. 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. 4: Motion to Approve City Council Minutes of the Adjourned Regular Meeting
of October 30, 1993 and Regular Meeting of November 8, 1993.
Recommendation: That the City Council approve the Minutes of October 30, 1993 and
November 8, 1993, as submitted.
Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 6: Consideration of Adoption of Resolution Recognizing the Gaede Family as
the 1993 Cypress Family of the Year.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, recognizing the Gaede Family as the 1993 Cypress Family of the Year.
RESOLUTION NO. 4261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE GAEDE
FAMILY AS THE 1993 CYPRESS FAMILY OF THE YEAR.
Item No. 7: Consideration of Reappointment of Cable Television Commissioner George
Parish.
Recommendation: That the City Council reappoint George Parish to the Cable Television
Commission for another four-year term of office, expiring on December 11, 1997.
Item No. 8: Consideration of Claim Filed by Marjorie D. Campbell.
Recommendation: That the City Council officially. reject the subject claim and refer it to
the City's Claims Administrator, Carl Warren & Co., for appropriate disposition.
Item No. 10: Consideration of Acceptance of Improvement and Release of Bonds for
Project No. 8917, Tract No. 14445 (6292 Lincoln Avenue).
Recommendation: That the City Council accept the public improvements for Project No.
8917, Tract No. 14445, as being satisfactorily completed in accordance with the Plans and
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CITY COUNCIL MINUTES November 22, 1993
Specifications, and authorize the City Clerk to release the Monumentation Bond and the
Labor and Material Bond upon expiration of their required lien period, providing no
mechanic liens are filed, with the Performance Bond to be held for one year from the
date of acceptance to guarantee against any defects in material or workmanship.
Item No. 12: Consideration of Acceptance and Assessment for Additional Abatement of
5900 Ball Road for Seasonal and Recurring Weeds for Phase 1 of the 1993/94 Program.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish ,
abatement at 5900 Ball Road as being satisfactorily completed in accordance with the
specifications for the work; 2) Adopt the Resolution by title only, title as follows,
confirming weed abatement assessments and imposing special assessment as a lien on
the parcel shown on Exhibit "A"; and 3) Approve the additional contract cost with Edwin
Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, in the additional
amount of 51,140.20.
RESOLUTION N0. 4262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT
OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES
AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF
CYPRESS.
Item No. 13: Consideration of Preliminary City Engineer's Report for Cypress Lighting
District No. 2 - 1994.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, which will approve the City Engineer's report; will give notice of the Council's
intention to install, maintain and furnish energy for the street lighting system; and will
establish the date, place, and time of the required public hearing as December 13, 1993,
in the City Council Chamber, at 7:30 p.m.
RESOLUTION N0. 4263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE,
STATE OF CALIFORNIA, APPROVING THE PRELIMINARY REPORT OF THE CITY ENGINEER
MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION N0. 4255 OF SAID COUNCIL.
RESOLUTION N0. 4264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM
ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND
ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF
ONE (1) YEAR BEGINNING JANUARY 1, 1994 AND ENDING JANUARY 1, 1995.
RESOLUTION N0. 4265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE,
STATE OF CALIFORNIA, GIVING NOTICE OF AND APPOINTING A TIME AND PLACE FOR
HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN
RESOLUTION OF INTENTION N0. 4264
Item No. 14: Consideration of Continuous Employment List -Police Officer (Lateral Entry).
Recommendation: Receive and file.
Item No. 15: Consideration of Donation of Used vehicle to the Cypress Police
Department.
Recommendation: That the City Council approve the Police Department's acceptance of
the described vehicle for the purposes described in the report.
Item No. 16: Consideration of Extending an Employment List -Police Dispatcher I/II
(Expired on August 8, 1993).
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CITY COUNCIL MINUTES November 22, 1993
Recommendation: That the City Council approve the extension of the employment list,
after the original date of expiration, for the positions of Dispatcher I/II through February
9, 1994 (extended six months unless it is exhausted sooner).
Item No. 17: Consideration of CATV Commission Recommendation to Sponsor the School
video contest.
Recommendation: That the City Council authorize the CATV Commission to conduct the
annual school video contest as outlined in the report.
END OF CONSENT CALENDAR
Regarding Consideration of Federal Housing and Community Development Block Grant
Application - 20th Year, Councilmember Nicholson questioned the public facilities and
improvements along Crescent Avenue "east of Walker Street" and the Acting City
Engineer clarified that it should read "west of walker Street."
Responding to Councilmember Nicholson, the Acting City Engineer advised that he
would provide a projection to the Council on when the installation of curb, gutter, and
sidewalk would be completed along Crescent Avenue.
After some discussion, the Planning Director advised that the County of Orange had
made an agreement with the City and the County has far exceeded the money that the
City would otherwise have received.
Responding to Councilmember Bowman, Mr. Doug Hawkins, Assistant Planner reported
that, at the public hearing held November 9, 1993, a County representative was present.
The City Manager advised that the County was treating non-profit organizations the
same as cities and if those organizations wanted to be considered, they should apply to
the County because the City cannot apply for them. Councilmember Bowman stated
that he had a problem with approving a block grant for the proposed specified items
without knowing the alternatives. The Planning Director explained how the process had
been done in the past and how it was done this time. The City Manager stated that staff
had recommended the priorities and Council had always set them. The Planning
Director clarified that there are no alternatives. Staff attempted to identify those areas
that the County is receptive to approving and representing to the Council what they will
approve.
Mayor Kerry suggested the Council start, after January, outlining priorities for block
grant applications.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, approving the City's participation
in the 20th Year Housing and Community Development Block Grant Program with the
County of Orange and authorize the Mayor to sign the grant request on behalf of the
Cypress City Council. The Planning Director stated that staff will return to Council in
January to start the process.
RESOLUTION NO. 4266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY'S
PARTICIPATION IN THE 20TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM WITH THE COUNTY OF ORANGE.
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
In regard to Item No. 11, Consideration of Traffic Concern Involving the Eastbound Left
Turn Lane at the Intersection of Ball Road and Valley View Street, Councilmember
Bowman mentioned that the real problem was the eastbound turn lane which needs to
be corrected now. Staff had suggested the best way to accomplish the correction was
to have two left turn lanes and he would suggest doing that separately from the
remainder of the project. The City Manager suggested that through traffic timing be
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CITY COUNCIL MINUTES November 22, 1993
considered also. The Acting City Engineer stated that staff would look at that specific
remedy with two left turn lanes.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
request staff to consider the installing an additional eastbound left turn lane at the
Intersection of Ball Road and Valley View 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
With regard to Item No. 18, Consideration of Re-allocation of Appropriation From
Personnel Services to Outside Professional Services, Councilmember Bowman asked if the
position needed to be filled and the Planning Director replied in the affirmative and the
position will deal with transportation issues.
The City Manager requested that the title be changed from "Assistant Planning Director."
The Planning Director suggested "Transportation Planner."
It was moved by Councilmember Nicholson and seconded by Councilmember Partin to
authorize the transfer of remaining salary and fringe funds as follows:
From 4001-40-198-06 551,575
4006-40-198-06 S 2,795
TO 4189-40-198-06 554,370
and change the title on the position from "Assistant Planning Director" to
"Transportation Planner." 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 F
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follows, approving CUP No. 93-14.
RESOLUTION NO. 4267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 93-14 -WITH CONDITIONS (BILLIARD PARLOR WITH ON-SITE SALE OF
BEER AND WINE AND SNACKS IN THE CAMPUS VIEW CENTER, 9111 VALLEY VIEW).
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
WORKSHOP SESSION: Continued Consideration of Transportation Issues.
The Planning Director presented a memorandum to the Council which addressed the
questions asked by the Council at the last transportation issues workshop session. She
then reviewed each question and answer. Council requested that the requirement that
the railroad crossing be improved if Denni Street went through be deleted from
Question 2. The answers to several other questions that were asked by the Council ~~wR
during the previous transportation workshop were also clarified. A meeting was to be
held with the business owners on November 30 and staff wished to have input from
Council prior to that meeting.
Mr. Steve Sasaki stated that they wanted to address the Specific Plan/General Plan
conformance issue. One set of improvements will be identified in the City-wide traffic
fee that relate to the General Plan and improvements. Additionally, other intersections
in the City will be considered that were not included in the General Plan study and that
will impact the Business Park if included.
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CITY COUNCIL MINUTES November 22, 1993
CLOSED SESSION: Mayor Kerry recessed the meeting at 6:35 p.m. to enable the Council to
enter into a Closed Session to discuss matters of personnel and litigation. The meeting
reconvened at 7:55 p.m. with ail Councilmembers present. Also present were staff
members Barrett, DeCarlo, Eynon, Munoz, Storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson.
PRESENTATION: Introduction of and presentation of a resolution to the Gaede Family,
1993 Cypress Family of the Year, was made by Mayor Kerry. A brief overview of the
family of the year program was given by Patty Bailey, Recreation Services Manager. A
video presentation of the Gaede family was shown.
RECESS: Mayor Kerry recessed the meeting at 8:10 p.m. and reconvened at 8:15 p.m.,
with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Wayne Zartman, 5721 Karen Avenue, Cypress, reported trash stockpiling on property
owned by Dash-away on Electric Avenue. He stated that he had reported the conditions
to the Health Department and the Code Enforcement Officer. He asked why this matter
that is a health problem has taken so long to resolve and he would like some assurance
that action will be taken.
The City Manager reported that the City has cited and obtained a court order against
the property. The City Attorney advised that this matter will be discussed in Closed
Session because it is in litigation. He remarked that a status report would be given after
the Council held their Closed Session.
Mayor Kerry announced that the first two public hearings, Continuation of Consideration
of Public Hearing Re: Amendment to Conditional Use Permit No. 73-2, Expansion of
Automotive Repair Facility Action Alignment, 9052 Walker Street and Continuation of
Consideration of Public Hearing Re: Zoning Ordinance Amendment No. 93-7, Establishing
Requirements and Procedures for the Consideration of Single Room Occupancy
Developments would be continued to the Council meeting of January 24, 1993.
Mr. Chris Fuld, 4802 Park Avenue, Cypress, applauded the City Council's efforts in
supporting family values, but it was his fear that the family was in great jeopardy in
Cypress from the prospect of crime, particularly in the area of vandalism. He
referenced the City parks and the lack of patrol.
Mayor Kerry announced that a donation had been received for the D.A.R.E. program and
she asked the Police Chief to respond. Chief Wicker acknowledged a donation to D.A.R.E.
program from the Buena Park-Cypress-La Palma Association of Realtors in the amount of
54,000. He thanked the President, Pat Ochoa on behalf of the D.A.R.E. program and all
the young people in the community.
CLOSED SESSION: Mayor Kerry recessed the meeting at 8:35 p.m. to enable Council to
enter into a Closed Session. The meeting reconvened at 9:15 p.m. with all
Councilmembers present.
The City Attorney reviewed those discussions held during the Closed Session on the
Dash-away site, with options being presented to the Council on the available avenues to
abate the conditions on the site. After review, the Council directed the City Attorney to
commence proceedings for an abatement warrant on the property.
The City Manager summarized the actions taken by the City Council during the 5:30 p.m.
portion of the Council meeting.
The City Attorney then reviewed those discussions held during the Closed Session in
addition to the item previously mentioned: one involved Personnel/Labor Negotiations;
two items regarding pending litigation matters, i.e., workers' compensation claim
(Hockey) and City of Cypress vs. Caswell; a property negotiations item and two items on
Council-initiated litigation.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL
USE PERMIT N0. 73-2 EXPANSION OF AUTOMOTIVE REPAIR FACILITY ACTION ALIGNMENT 9052
WALKER STREET: The staff report dated November 16, 1993 indicated that the applicant
requested that this item be continued.
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CITY COUNCIL MINUTES November 22, 1993
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to continue this item to the meeting of January 24, 1994. 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 ZONING ORDINANCE AMENDMENT NO. 93-7
ESTABLISHING REQUIREMENTS AND PROCEDURES FOR THE CONSIDERATION OF SINGLE ROOM
OCCUPANCY DEVELOPMENTS: The staff report dated November 15, 1993 requested that
this item be continued.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
continue this item until the January 24, 1994 City Council 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: CONDITIONAL USE PERMIT NO. 93-15, CYPRESS PARK
SENIOR COMMUNITY 124-UNIT SENIOR APARTMENTS. 9021 GRINDLAY STREET: The public
hearing was opened by Mayor Kerry. The Planning Director presented the staff report
dated November 15, 1993, which represented a request to develop a 124-unit senior
apartment community to be located at 9021 Grindlay Street. An initial Study was
prepared according to the requirements of the California Environmental Quality Act
indicating which mitigation measures should be adopted. A traffic study had already
been prepared by the City's traffic consultant, Kimley-Horn and Associates, Inc. Based on
the results of the traffic study, staff also evaluated any potential impacts on air quality.
In light of the Initial Study, staff prepared a Notice of Intent to file a Negative
Declaration with mitigation measures. The project site is jointly owned by Hyter
Development Company and Cypress Education Foundation. The proposed project at 52
units per acre allows for a density bonus in exchange for the provision of affordable m
housing. The 124-unit apartment project is well designed, will provide needed housing
for seniors and will help to satisfy the City's housing goals and policies. Notices of the
public hearing were published, posted and mailed to all property owners within a 300
foot radius. As of the writing of this report, staff has received no comments. However,
today one comment was received from Mona Doshay, 5241 Grindlay Street, Cypress,
expressing concern about possible noise impact during construction and asked that the
project approval not allow early morning construction. The Planning Director
mentioned the rear wall adjacent to an apartment building, with carports, which may
allow people to climb over the wall and staff will address the issue with the developer.
The applicant, Leon Hyter, Hyter Development Company, 1001 Dove Street, Suite 290,
Newport Beach, reported that this project is a joint venture with the Cypress Education
Foundation. The Cypress Pointe project affordable apartments are rented indicating
there is a need for affordable housing for seniors. Regarding the block wall, Mr. Hyter
wished to eliminate the possibility of people jumping the wall and he suggested adding
an additional two foot section onto their wall to make it as high as the adjacent wall.
The Planning Director stated that there is some leeway to work with but a study of the
code sections is needed. The problem is an extension of the block wall would require a
variance for the apartment house who would have to file.
Responding to Councilmember Age regarding the low-income rentals, Mr. Hyter stated
that he does give first preference to Cypress residents.
Mayor Kerry asked if anyone wished to speak in favor of the project.
Dr. Bill Eller, Cypress School District, thanked the Council for their vision and cooperation
on this project which will benefit all concerned. He totally supported the project and
appreciated the opportunity to be involved.
Ms. Sheila Elkin, Executive Director Cypress Chamber of Commerce, commented that
Hyter Development has been a part of the community for 20 years and with the senior
housing, they became part of the Chamber. She is looking forward to their ensuing
relationship.
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CITY COUNCIL MINUTES November 22, 1993
Pastor Jack Stevens, Calvary Chapel of Cypress, 5241 Lincoln Avenue, Cypress, provided
the audience with some background on the block wall and people jumping it. He
recommended finding a way to patrol the park area and the kids that come there to
play. He did agree that an extension on the fence would help.
Mr. Wayne Zartman expressed his support of the project and asked the square footage
of the apartments and the rental price to which Mr. Hyter responded.
No one else wished to speak about the project.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to close the public hearing, certify the Negative Declaration with mitigation measures,
according to the requirements of the California Environmental Quality Act; and approve
Conditional Use Permit No. 93-15, subject to conditions.
The Planning Director added a condition, No. 60, addressing Council's concern about the
block wall, as follows: "The developer shall return to the City Council prior to issuance of
building permits with a resolution regarding the ability to increase the wall height along
the west project boundary in order to deter access over the wall." 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. 93-16 BETHANY
MANOR DEVELOPMENT AND LEARNING CENTER 5950 LAKESHORE DRIVE: The public hearing
was opened by Mayor Kerry. The Planning Director reviewed the staff report dated
November 1, 1993, which represented a request to continue operation of the Bethany
Manor Development and Learning Center located at 5950 Lakeshore Drive. In accordance
with the requirements of the California Environmental Quality Act, a Class 1 Categorical
Exemption will be filed for this project. Bethany Manor is a private, nonprofit
organization currently licensed by the City of Cypress under the class of a Charitable and
Educational Therapy Center. On June 22, 1992, the City Council heard and approved
Conditional Use Permit No. 92-9 for the establishment of the Bethany Manor
Development and Learning Center and due to the expiration of the one year approval
date, the applicant has reapplied for a conditional use permit to continue the operation
of the Center. Since opening their facility, City staff has received no objections to their
operation from any of the adjacent property owners or tenants. Copies of the public
hearing notice were posted in three public places, published in the News Enterprise and
mailed to all property owners within a 300 foot radius of the subject property. To date,
staff has received no objections to this proposal.
Ms. Charla Koska, Bethany Manor, 5950 Lakeshore Drive, Cypress, stated that they are
very happy with the site, are hoping they will be able to stay there and asked for
Council approval.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Bowman to close
the public hearing and approve Conditional Use Permit No. 93-16, 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: EXTENSION OF URGENCY ORDINANCE N0. 903
MORATORIUM OF ALL CONSTRUCTION OF BUILDINGS AND STRUCTURES ON ALL PROPERTIES
LOCATED AT 4871. 4901 4911. 4921 AND 4931 ORANGE AVENUE: Mayor Kerry opened the
public hearing. The City Manager asked the Planning Director to summarize the staff
report dated November 9, 1993, which recommended the City Council extend the
moratorium ordinance on development of the subject properties for a period of ten
months and 15 days, or until the Specific Plan to provide a uniform land use plan and
zoning for all five lots, including a phasing plan and development standards, is adopted
and becomes effective, whichever occurs first. Notice of this public hearing was
published, posted and mailed to all property owners within a 500 foot radius. To date,
staff has received no comments.
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CITY COUNCIL MINUTES November 22, 1993
Mayor Kerry asked if anyone wished to speak.
Mrs. Teresa Ivins, 9527 Naples Drive, Cypress, noted that if the applicants do not pay the
fees, the property will revert to single family housing and there would be no
inconsistencies with the General Plan.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to adopt the following Ordinance by title only, title as follows, extending the subject
Urgency Ordinance No. 903, for a period of ten months and 15 days, or until the Orange
Avenue Residential Area Specific Plan is adopted and becomes effective, whichever
occurs first.
ORDINANCE NO. 905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING A
MORATORIUM ON THE CONSTRUCTION OF BUILDINGS AND STRUCTURES ON ALL
PROPERTIES LOCATED AT 4871, 4901, 4911, 4921 AND 4931 ORANGE AVENUE, CYPRESS,
CALIFORNIA.
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 CITY COUNCIL REORGANIZATION: Mayor Kerry and Mayor Pro Tem Age
resigned their respective positions. The City Clerk then asked for nominations for the
office of Mayor. Councilmember Bowman nominated Councilmember Richard Partin for
the office of Mayor, seconded by Councilmember Nicholson. It was moved by
Councilmember Kerry to close the nominations and the City Clerk declared the
nominations closed. He asked that all those in favor of Councilmember Partin for Mayor
to cast an "aye" vote. He noted that there were five "aye" votes and the City Clerk
declared Councilmember Partin elected to the position of Mayor.
Mayor Partin assumed his seat and opened the nominations for Mayor Pro Tem.
Councilmember Kerry nominated Councilmember Nicholson for Mayor Pro Tem with a
second by Mayor Partin. Councilmember Age announced that she would cast a "no"
vote. It was moved by Councilmember Kerry, seconded by Councilmember Bowman and
carried by the following roll call vote to close the nominations for Mayor Pro Tem.
AYES: 4 COUNCILMEMBERS: Bowman, Kerry Nicholson and Partin
NOES: 1 COUNCILMEMBERS: Age
ABSENT: 0 COUNCILMEMBERS: None
Mayor Partin declared Councilmember Nicholson elected to the position of Mayor Pro
Tem.
CONSIDERATION OF PARKING ENFORCEMENT/PENALTY FEES: The City Manager asked the
Police Chief to summarize the staff report dated November 15, 1993, which suggested
two recommendations both in conjunction with Assembly Biil 408. AB 408 essentially
decriminalizes parking violations to a civil court process for those citations that are
contested or taken to the judicial level for adjudication. The local agency assumes costs
for implementation without identified revenues to offset those costs. A recent survey
of parking fines and bails of Orange County Cities conducted in tune of 1993 by the City
of Anaheim revealed that the City of Cypress is below the average for the 27 cities
surveyed. Administrative costs for implementation and ongoing management of
parking violations are expected to create department costs of S15.00 in those cases
where a citation is fully contested.
It was moved by Councilmember Bowman and seconded by Councilmember Age to: 1)
approve the continuation of contract with Turbo Data Systems, Inc., 14272 Franklin
Avenue, Suite 100, Tustin, CA 92680, for the administration of parking citation processing
in the amount of S1.00 per citation and in the amount of S15.00 maximum per fully
contested citation; and 2) approve the increase of parking citation bail/fines an average
of S5.00. The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES November 22, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 7396 -
7626: It was moved by Councilmember Nicholson and seconded by Councilmember Age
and seconded by Councilmember Bowman to approve Warrants No. 7396 through 7626
in the amount of S808,290.86. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Recreation & Park District Matters: The Cypress City Council Acting as the Ex-Officio
Governing Board of Directors of the Cypress Recreation and Park District.
CONSIDERATION OF COMMUNICATION RECEIVED FROM MR. HAL DUENSING REGARDING THE
RELOCATION OF THE YOUTH KARATE CLASS: The Recreation and Park Director summarized
the staff report dated November 19, 1993, which described the relocation of the Karate
contract classes from Arnold/Cypress Park Multi-Purpose Room to the Cypress Senior
Center due to bothersome and perceived unsafe conditions at the Park site. Staff had
received several complaints from parents and the instructor concerning a group of
youths at the Park harassing some of the Karate participants. Staff is continuing to work
with the Public Works Maintenance staff and Police Department to monitor and mitigate
the problems. Mr. Duensing contacted Mr. Essex on November 18 and requested that
the City Council receive and file this matter since he has been working the Recreation
and Park District staff on this issue.
Councilmember Nicholson voiced the opinion that the Senior Center is not the place for
the Karate classes and that they should be held at the Community Center.
Responding to Councilmember Kerry, the Recreation and Park Director advised that staff
was looking into the use of a school auditorium for future Karate classes.
Councilmember Bowman commented on the reason the classes had to be moved in the
first place, which has to do with harassment. He expressed more concern about moving
an event because they are being harassed and it should never happen again that the
City has to move classes because of harassment.
The Recreation and Park Director reported that when the pay phone was moved, a
public meeting was held with parents and neighbors and they were satisfied with the
action taken and the ensuing results.
Councilmember Bowman stated, in his opinion, it was a police problem. Taxpayers are
paying for the facilities and they should be able to use them. Councilmember Kerry
concurred with Councilmember Bowman in that the community should not have to
back away from this problem.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
receive and file the staff report. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Partin recessed the meeting at 10:50 p.m. to allow the Council to act as
the Cypress Redevelopment Agency. The meeting reconvened at 10:55 p.m. with all
Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
The City Manager reminded the audience that the Cypress Community Sing will be held
on Friday, December 3, 1993 at 6:30 p.m. in the City Hall parking lot.
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CITY COUNCIL MINUTES November 22, 1993
Councilmember Nicholson asked if assignments to the Relocation Appeals Board could
be delayed until Monday, November 29 and the Planning Director replied in the
affirmative.
Councilmember Kerry announced that "Toys for Tots" will be held Saturday, December 4,
1993, from 6:00 p.m. to 10:00 p.m. Copley/Colony Cablevision will be conducting the
program.
The City Manager mentioned that the past City Council policy has been not to have a
quorum at the second meeting in December. Staff will schedule items for December 13,
but nothing for December 27.
CLOSED SESSION: Mayor Partin recessed the meeting at 11:00 p.m. to enable the Council
to enter into a Closed Session for Matters of personnel and litigation. The meeting
reconvened at 11:30 p.m. with all Councilmembers present.
ADJOURNMENT: Mayor Partin adjourned the meeting to Monday, November 29, 1993 at
4:30 p.m. in the Administrative Conference Room for a Closed Session on matters of
litigation and personnel.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CI L RK THE CI OF CYPRESS
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