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Minutes 96-11-12 388 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November12,1996 The Regular Meeting of the Cypress City Council was called to order at 5:31 p.m., Tuesday, November 12,1996, In the Council Chamber, 5275 orange Avenue, Mayor Walter K. Bowman presiding. PRESENT: ABSENT: Councllmembers Age, carroll, Kerry and Bowman Councllmember Jones Also present were City Manager Mark ochenduszko, City Attorney John cavanaugh and staff members Bacock and storey. COUNCILMEMBER JONES ARRIVED AT 5:33 P.M. CLOSED SESSION: Mayor Bowman Immediately recessed the meeting at 5:33 p.m. to enable the Council to enter Into Closed session to discuss those agendlzed matters of Conference with Labor Negotiator (Government Code Section 54957.6) for the Cypress Employees', Mid-Management Employees', Public Works Maintenance Supervisors' and Maintenance Employees' Associations; and Conference with Legal Counsel - Existing litigation (Government Code Section 54956.9(a) orange County supervisor Court Case NO. 767253, Isldra Ibarra, et al. The City Manager noted that Consideration of Real Property Negotiator (Government Code Section 54956.8) Wicker Drive property, would not be heard during Closed Session. The meeting reconvened at 6:55 p.m. with all Council members present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, Decarlo, KellY, storey and Wicker. RECESS: Mayor Bowman recessed the meeting at 6:55 p.m. to allow the Council and members of the audience to meet In City Hall to attend the dedication of a plaque to Darrell Essex, retired City Manager, honoring him for 34 years of service to the City of Cypress. The meeting reconvened at 7:10 p.m. with all Councllmembers present. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by the Honorable Scott Baugh, california State ASSembly. PRESENTATIONS: Mayor Bowman moved Item NO.9, Consideration of Adoption of Resolution Commending Brian Gardner For His outstanding Efforts, forward and It was moved by Council member Jones and seconded by Councllmember Carroll to adopt the Resolution by title only, title as fOllOWS, commending Brian Gardner for his outstanding efforts. RESOLUTION NO. 4715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BRIAN GARDNER FOR HIS OUTSTANDING EFFORTS. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, CarrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mayor Bowman read and presented Master Gardner with the Resolution of Commendation. Mayor Bowman then turned the meeting over to Councilmember Age who advised that she and Mayor Pro Tem Kerry developed a slide and video clip presentation. They each commented on the events and occasions that took place during their eight years on the Cypress City Council and Introduced and thanked their families for their support. State Assemblyman Scott Baugh commended Council members Age and Kerry for the many challenges they have faced during their tenure on the Council. He then presented each of them with Certificates of Appreciation from the California state Legislature. ~ 389 CITY COUNCIL MINUTES November12,1996 Councilmembers Age and Kerry then accepted a special Proclamation from congress honoring their eight years of service to the City of Cypress from Ms. Linda LeQuire representing congressman Ed Royce. Mr. Ron strom, present on behalf of Supervisor Jim Sliva, honored outgoing Councilmembers Age and Kerry with proclamations for their years of dedication to the community of Cypress. Mayor Bowman then made the City's presentation of community service Plaques to Council member Age and Mayor Pro Tern Kerry and offered his personal thanks and appreciation to each of them. RECESS: Mayor Bowman recessed the meeting at 7:55 p.m. SO the Councilmembers and members of the audience could converse and enjoy the refreshments. The meeting reconvened at 8:15 p.m. with all Councilmembers present. Mayor Bowman thanked the City staff members who arranged for the presentation ceremony. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. No one spoke. The City Manager reviewed discussions held during Closed Session on Conference with Labor Negotiator. The City Attorney advised that also discussed In Closed Session was the Conference with Legal Counsel on the Existing Litigation, orange County Superior court Case NO. 767253. The other item on the Closed Session agenda, Consideration of Real property Negotiator, was not considered. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR REVIEW OF BUSINESS PARK TRAFFIC CONDITIONS: The City Manager asked the community Development Director to make the staff report presentation, which addressed the buildout of the Business park and the necessity to conduct traffic counts and studies as a check to ensure that the projected traffic accurately reflects the traffic that Is SUbSequently generated by completed projects. Based on the previous studies done for the various specific plans, the General Plan update and the Traffic Improvement Fee Analysis, a correlation between land use and traffic capacity was established. AS the Business Park nears build-out, it Is appropriate to review the overall level of development to date and the projected and actual traffic generated. The traffic stUdy is directly related to land use issues and; therefore, would be done as a joint project of the community Development and Public Works Department. It was moved by Councilmember Age and seconded by Council member Jones to appropriate $6,400 from the unreserved fund balance of the General Fund to account number 4189-11-193-06 and award the contract to WPA Traffic Engineering, Inc. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT OF A TWO 121 YEAR CONTRACT FOR DELIVERY OF PROPANE FUEL. REQUEST FOR QUOTATION 9697-7: The Finance Director reviewed the staff report which advised that three bids were received for propane fuel to be dispensed on a daily basis at the City corporation Yard. Bids were solicited by the purchasing Officer to determine which vendor would be selected to service the City for the next two years upon expiration of the existing contract on November 13,1996. He mentioned that there was a standard clause in the contract accepting any price increases during the year with 30 days' written notice. Council member Carroll asked if the refinery price decreased, would the City receive that price advantage and the Finance Director responded in the negative. council member Carroll asked that the clause be revised to reflect a price adjustment up or down and stated that he did not like contracts where the other party has all the advantages. It was moved by Council member Age and seconded by Councilmember Jones to continue this item for additional information on the total amount of propane fuel 2 cf \... 390 CITY COUNCIL MINUTES Novennber12,1996 purchases annually and peruse other contracts for a clause covering any price fluctuations. The nnotlon unanlnnously carried by the following rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF RENEWAL OF THREE-YEAR CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: The City Manager asked the Finance Director to present the staff report reqUesting renewal of the contract with the News-Enterprise for the City's publication of legal advertisements. Councllmember Jones asked for circulation, cost, contract ternns and conditions. Council member Carroll requested that this Item be sent out for bid and he would like to review the current contract. It was moved by Councllmennber Age and seconded by Councllnnember Kerry to renew the contract with the News-Enterprise for an additional three-year period. Councllmember Jones urged a "no" vote so additional Information could be acquired. Councllmennber carroll stated that he would also vote "no" because he has been a proponent of competitive bidding In the City. Councllmember Jones asked the City Attorney for an opinion on when an item could be reconsidered, i.e., at the current meeting or the next City Council meeting. The City Attorney would research the City Code. Mayor Bownnan believed the Council was not prepared to vote on this Item this evening due to a lack of Information and it would be appropriate to return to Council when the requested information had been gathered. Council member Age called for the question. The motion failed with the following rOil call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Age and Kerry 3 COUNCILMEMBERS: carroll, Jones and Bowman o COUNCILMEMBERS: None It was moved by Councllnnennber Jones and seconded by Council member Carroll to continue the Item until circulation Information and bids have been received from the NewS-Enterprise, orange county Register and L.A. Times newspapers. The motion carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: carroll, Jones and Bowman 2 COUNCILMEMBERS: Age and Kerry o 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. It was moved by Councllnnember Age and seconded by Council member Carroll to approve the Consent calendar Items NO.4 through 12. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carrOll, Jones, Kerry and Bownnan o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.4: Motion to Approve City Council Minutes of October 21,996 and October 28, 1996. Reconnnnendatlon: That the City Council approve the Minutes of the Special Meeting of October 21, 1996 and October 28,1996, 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. Itenn NO.6: Consideration of proclalnnlng November 24 - December 1,1996, as "Bible Week." 3 //- /".-"" ~ 391 CITY COUNCIL MINUTES November12,1996 Recommendation: That the Mayor and City Council officially proclaim November 24 - December 1, 1996, as "Bible Week" In the City of Cypress as requested. Item NO.7: Consideration of Design Review Committee's Approval of DRC #96-32, #96-34 and Continued Consideration of DRC #96-33. Recommendation: That the City Council adopt the Resolutions by title onlY, titles as fOllOW, approving DRC #96-32, #96-34 and #96-33 - with conditions. RESOLUTION NO. 4716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-32 - WITH CONDITIONS. RESOLUTION NO. 4717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-34 - WITH CONDITIONS. RESOLUTION NO. 4718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-33 - WITH CONDITIONS. Item NO.8: Consideration of Original Alcoholic Beverage LIcense Application Flied by Marlene D. & ROry L. Raynor, D.B.A. Dalton's Restaurant, 9575 valley View street, Cypress. Recommendation: Receive and file. Item NO. 10: Consideration of Acceptance and ASsessment for Abatement of Seasonal and ReCurring Weeds for Phase I of the 1996/97 Program. Recommendation: That the City CounCil: 1) Accept the work of weed and rubbish abatement 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 parcels listed on Exhibit "A"; and 3) APprove the contract cost with Gardner Tractor Service, 10552 Chestnut Avenue, Stanton, CA 90680, In the amount of $6,533.03. RESOLUTION NO. 4719 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. 11: Consideration of Auditor'S Management Letter. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 12: Consideration of the component unit Financial Report of the Cypress Recreation and Park District for the Period Ended June 30, 1996. Recommendation: That the City council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, receive and file said report. END OF CONSENT CALENDAR ORDINANCES (Second Reading): It was moved by Council member Kerry and seconded by Mayor Bowman to order the following Ordinance read by title only, title as fOllOWS and to adopt the Ordinance relating to school attendance and truancy. councllmember Carroll stated that the truancy rate in Cypress Is less than 1% and juvenile arrests were somewhere under 3% and he didn't feel those were grounds to take the extreme measure of the Ordinance. Councilmember Jones took exception to the language written In Section 17-71, first 4 '/-- / r , 392 CITY COUNCIL MINUTES November 12,1996 paragraph. She noted that there was an article In the Metro section of the November 5, 1996 L. A. Times addressing the result of curfew ordinance In seal Beach and hoped something could be done about this Ordinance within the next 30 to 60 days. Councllmember Kerry said there Is a crime Issue that needs to be addressed and she has spoken to many people whO are In favor of this ordinance. If the future Council wished to reconsider this ordinance, she encouraged them to contact the Political Science Department at Cypress cOllege to survey the City. Councllmember Age commented that this Ordinance was much different that the Seal Beach ordinance, she agreed with Councllmember Kerry and would support the ordinance. ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 17-71 TO THE CODE OF THE CITY OF CYPRESS, RELATING TO SCHOOL ATTENDANCE AND TRUANCY. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Kerry and Bowman 2 COUNCILMEMBERS: carroll and Jones o COUNCILMEMBERS: None At the request of Council member Age, the City Attorney explained the Government Code reference to the "5% annual Increase" for Councllmembers. Council member Kerry requested that the word "annual" be removed from section 1(bl of the Ordinance. It was moved by Councllmember Kerry and seconded by Councllmember Age to amend Section 1(bl of the proposed Ordinance by removing the word "annual." The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Councllmember carroll and seconded by Council member Jones to order the following Ordinance read by title only, title as fOllOWS and to adopt the Ordinance adjusting Council compensation by a 5% cost of living Increase. Council member Age advised that she would vote "no" on this ordinance because of the current contract negotiations with staff. ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 2- 3.3(bl OF THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL COMPENSATION BY A 5% COST OF LIVING INCREASE. The motion carried with the fOllowing rOil call vote: AYES NOES: ABSENT: 3 COUNCILMEMBERS: Carroll, Jones and Bowman 2 COUNCILMEMBERS: Age and Kerry o COUNCILMEMBERS: None PUBLIC HEARINGS: CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-24. ADDITION OF USED AUTOMOTIVE SALES. ACTION ALIGNMENT AND BRAKE. 9032-9052 WALKER STREET. CYPRESS: Mayor Bowman advised that he would abstain on this Item because the property listed by his business Is now in escrow, within 300 feet of the subject business and he left the dais. Mayor pro Tem Kerry opened the public hearing. The community Development Director provided a brief history of the SUbject site describing the Initial Amendment to Conditional Use Permit No. 95-24 submitted to the City council at the August 26, 1996 meeting for consideration of adding used automotive sales for the display of a maximum of six vehicles. Council directed staff to submit this Amendment to the Traffic Commission for discussion and recommendations due to concerns about on-street parking and traffic. The Traffic Commission heard this Item at Its regular meeting held on September 17,1996 and their recommendations were discussed In the October 28, 1996 staff report. The applicant Informed staff that he was considering an additional amendment which would include the expansion of the showroom and Bay NO.7 area by 426 square feet. In accordance with the California Environmental Quality Act, a categorical Exemption will be filed for 5 //- ~ i:? 393 CITY COUNCIL MINUTES November12,1996 this project. Staff had not received any further complaints from surrounding residents regarding any of the previous Issues of concern. Notices of the public hearing were mailed out to all property owners within a 300' radius of the subject property. AS of the drafting of this report, staff had not received written or oral comment. Councllmember Jones said she felt that the use was too intensive for the size and location of the property. After some discussion, the community Development Director stated, In response to Councllmember Kerry's InqUiry, that Council could direct that staff return to Council with a progress report In six months or with code violation complaints. There are many options available as part of the conditional use permit. The applicant, Nat Briganti, owner of Action Alignment and Brake, 9052 Walker Street, Cypress and H. D. Robson, architect on the project, were present. Mr. Robson said they have put together a set of rules and regulations that are part of the employee manual and they addressed all of the problems that appeared to be the concern of the neighbors. He explained the vehicle storage, the Increase In the size of the building and answered questions from Council. Mr. Briganti explained that he has a difficult time getting some people to pick up their cars and motor homes. Mayor pro Tem Kerry asked If the Council could condition the permit so a vehicle will not be left on the premises for more than a certain number of days. Mayor Pro Tem Kerry asked if anyone wished to speak In support of the application Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke In support of the amendment of the conditional use permit and asked the Council to approve the application. Council member Jones suggested that some conditions be added to the permit such as cars cannot be left more than three days after work Is completed on the vehicle and Council would annually review any code enforcement issues. The City Attorney asked that the three days be written as 72 hours for ease of monitoring. After further discussion of conditions, the City Attorney advised the Council to act on the overuse of the site and staff would then write the language on that issue. It was moved by Councilmember Age and seconded by Council member Carroll to close the pUblic hearing, Instruct staff to file a Class 1, categorical Exemption and adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use permit No. 95-24, subject to conditions, Including adding the conditions recommended by Councllmember Jones, such as 72 hours after the completion of repairs the car must be removed, bring back any code enforcement Issues In one year and Instruct the City Attorney and staff to provide language on the overuse of the property. Council member Jones said, for the record, that In February she was opposed to the expansion of this site because she felt It was Incompatible with the neighborhood. She will be voting "no" this time because she felt the use was too Intense for the size and location of the property. Mayor Pro Tem Kerry stated, for the record, that she had voted in opposition to this project previously, but felt there has been a major effort made by the property owner and she would support the project. Councllmember carroll remarked that many people have worked on this project and It will be an Improvement to the community. RESOLUTION NO. 4720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-24 - WITH CONDITIONS_ The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTENTION: 3 COUNCILMEMBERS: Age. carroll and Kerry 1 COUNOLMEMBERS: Jones o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Bowman CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS. ENCORE BOUTIQUE. 10953 MERIDIAN DRIVE. IN. CYPRESS: The Mayor opened the public hearing and the City Manager presented the staff report describing the application for a Special Permit flied by svetlana Lempert, D.BA Encore 6 /i._. I" -, 394 CITY COUNCIL MINUTES November12,1996 Boutique, 10953 Meridian Drive, #N, Cypress. The permit would allow the conduct of a secondhand business of selling used clothing, Jewelry and other accessories. Pursuant to City Code Section 15-61, a public Hearing was scheduled for 7:30 p.m., MOnday, October 28,1996 and continued to the November 12,1996 meeting at the request of the applicant. pursuant to section 15-60 of the Cypress City Code, the Police Department was requested to conduct an Investigation of the applicant and the proposed business. In accordance with Section 15-62 of the Cypress City code, the City Council, having received the report from the Chief of police and conducting a Public Hearing, Is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other person responsible for the management or supervision of the business Is unfit to be trusted with the priVileges granted by such special permit or has a bad moral character, Intemperate habits or a bad reputation for truth, honesty or Integrity. The Affidavits of publication, posting, and Mailing of the Public Hearing Notices on this matter are on file In the City Clerk's office and, as of the writing of this report, no written communications have been received either In favor or In opposition to this application. Ms. Svetlana Lempert, the applicant, 10411 ponder street, Cypress, said she has been In business for over a year and seils designer clothes on consignment. No one wished to speak In support of or in opposition to the application. It was moved by Councllmember Kerry and seconded by Council member Carroll to close the pUblic hearing and conditionallY approve the special Permit as requested by svetlana Lempert, D.B.A. Encore Boutique, 10953 Meridian Drive, #N, Cypress, to allow the conduct of a secondhand business of selling used clothing, costume jewelry and other accessories, subject to the following condition: 1. No outdoor display/storage of merchandise will be allowed and all sorting of Items to be conducted Indoors. Councllmember Jones asked staff If the list of secondhand businesses in the City was available. The Community Development Director advised that the list has been complied and the Item should come before Council at the next meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS. CYPRESS APPLIANCE. 5529 LINCOLN AVENUE. CYPRESS: The public hearing was opened by Mayor Walter Bowman. The City Manager reviewed the staff report, which Indicated that an application for a special Permit had been flied by Jose M. Rosales, d.b.a. Cypress Appliance, 5529 Lincoln Avenue, Cypress, to allow the conduct of a secondhand business of selling used washers, dryers and refrigerators. Pursuant to City Code section 15-61, a Public Hearing has been scheduled for 7:30 p.m., Tuesday. November 12, 1996. In accordance with section 15-60 of the Cypress City Code, the police Department was requested to conduct an Investigation of the applicant and the proposed business. A copy of that report was provided which advised that the appliances being resold do bear serial numbers that define it as tangible personal property, which requires a state secondhand Dealer's License. Pursuant to Section 15-62 of the cypress City code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, Is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or Integrity. The Affidavits of publication, posting and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor or in opposition to this application. The applicant, Jose Rosales, 6372 Chapman Avenue, Garden Grove, did not have anything further to add to his request. 7 6 395 CITY COUNCIL MINUTES Novennber12,1996 Mayor Bowman asked If anyone wished to speak in favor of or In opposition to the application. No one spoke. It was moved by Council member Age and seconded by Kerry to close the public hearing and conditionallY approve the Special permit as requested by Jose M. Rosales, D.B.A. Cypress Appliance, 5529 Lincoln Avenue, Cypress, to allow the conduct of a secondhand business of selling used washers, dryers and refrigerators, subject to the fOllowing conditions: 1. Appliances and other equipment associated with the business may not be stored outdoors. 2. NO display of appliances shall occur outdoors and all sales nnust be conducted within the business. 3. Deliveries shall be prohibited between the hours of 10 p.m. and 7 a.m. dally, and on Sundays and federal holidays from 10 p.m. to 9 a.m., unless a conditional use permit authorizing such use has been granted for the site. (Section 10.7<0,) of the Cypress zoning Ordinance) 4. A state of California Secondhand Dealer's License must be obtained. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, CarrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 96-8/DESIGN REVIEW COMMITTEE PERMIT NO. 96-31. REQUEST TO INCREASE THE SIGNAGE AREA FOR THE PACIFICARE/SECURE HORIZONS FACILITY. 5701 KATELLA AVENUE. CYPRESS: The Mayor opened the public hearing. The staff report was presented by the Community Development Director who advised that the applicant, Chandler signs, Inc., has filed the subject applications to allow the existing PacifiCare signage, located at 5701 Katella Avenue, to be increased to reflect their recent name change to PaclfiCare/Secure Horizons. The application for Variance No. 96-8 represented a request to allow building wall signage, which exceeds 150 square feet in area; and to allOw a freestanding monument-style sign which exceeds four feet in height. Staff analysis, inCluding review of a previously approved signage variance for this site, led to the conclusion that the required findings of hardship can be made for the proposed signage variance. The Design Review Committee reviewed the proposed sign age Increase and approved DRC NO. 96-31 subject to City Council approval of the associated Variance No. 96-8. The Committee'S approval was based on findings that the proposed signage Is consistent with the character and in scale with the mass of the building and site, and that the vehicle line of sight is not impaired by the proposed increased height of the monument sign. Notices of the public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. TO date, staff has not received any communication regarding the proposed project. Mr. Chuck Reif, representing Chandler signs, and Mr. Tim stokes, Senior Project Manager for pacificare Health systems, answered questions from Council members. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Jones and seconded by Kerry to close the pUblic hearing; instruct staff to file a Notice of Exemption In accordance with the requirements of the California Environmental Quality Act; and adopt the Resolutions by titles only, titles as fOllOW, approving Variance No. 96-8 and Design Review Committee No. 96-31, subject to the conditions stated in each of the resolutions. RESOLUTION NO. 4721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF SECTION V.2.A. OF THE MCDONNELL CENTER AMENDED SPECIFIC PLAN, AS ADOPTED BY ORDINANCE NO. 929 OF THE CITY OF CYPRESS, TO ALLOW TWO (2) BUILDING WALL SIGNS EXCEEDING 150 SQUARE FEET IN AREA AND A MONUMENT- STYLE SIGN EXCEEDING FOUR (4) FEET IN HEIGHT - VARIANCE NO. 96-8. 8 396 CITY COUNCIL MINUTES November 12, 1996 RESOLUTION NO. 4722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-31 - WITH CONDITIONS. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, CarrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: EXTENSION OF CONDITIONAL USE PERMIT NO. 93-3. THREE MONTH EXTENSION OF CHURCH USE OPERATIONS PENDING COMPLETION OF MINOR EXTERIOR SITE IMPROVEMENTS. 6381 BALL ROAD. CYPRESS: Mayor Bowman declared the public hearing open. The City Manager asked the Community Development Director to summarize the staff report, which represented a request by the Joong Ang Korean Church of Southern California for a three month extension Of Conditional Use Permit NO. 93-3. The purpose of the time extension Is to allow an existing church use to continue to operate pending completion of the remaining exterior site Improvements, required as conditions of approval for the project. The previous extension would have expired on september 13,1996. However, the church submitted a written request for an additional time extension, consistent with the provisions of the Cypress Zoning Ordinance. currently three remaining site improvements have not been completed. Staff feels that these Items can be completed within the proposed three month extension period. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. Mr. John Shim, Associate pastor of Joong Ang Korean Church, explained that they have complied with the City codes and they are waiting for the final Inspection. He thanked the Council for their indulgence over the past five years. Mayor Bowman asked for publiC comment on the project and no one spoke. It was moved by Councilmember Jones and seconded by Council member Kerry to close the public hearing and adopt the Resolution by title onlY, title as fOllOWS, approving the Extension of Conditional Use permit NO. 93-3, subject to conditions. RESOLUTION NO. 4723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE EXTENSION OF CONDITIONAL USE PERMIT NO. 93-3 - WITH CONDITIONS. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-11. SPORTS FIELD LIGHTING AND ASSOCIATED NIGHT-TIME YOUTH SPORTS PRACTICE USE. 4351 ORANGE AVENUE, CYPRESS: The public hearing was opened and the City Manager requested the Community Development Director to present the staff report. The subject project represents a request to Install five sports field lighting structures and to operate a night-time athletic practice field use at the existing Lexington Junior High School athletic field facility. The proposed night-time activity at the lighted field area is limited to youth sports practice from dusk to 9:00 p.m. on weekdays. The applicant is the City of Cypress Recreation and parks District. The staff analysis of the proposed conditional use permit request Included a review of similar projects In other cities and one in Cypress, as well as the evaluation of environmental concerns such as light/glare, noise, and parking. With the incorporation of the recommended mitigation measures, the potential environmental impacts will be mitigated to a level which is considered less than significant by the applicable industry standard. An independent stUdY was conducted revieWing the findings of Musco Lighting Inc., which recommended some redirection of the lighting on two northern most homes. The Community Development Director noted that the Mitigation Measure needs to reflect Condition No. 30 of the Conditions of Approval and that the lighting will be modified so that adjustments will be made to the lighting on the northern portion of the property. Notices of this public hearing were posted, published and mailed to the owners of all properties located 9 __C___'_'_"~__"__""__.'._ ..__, '~"._. /1 v) 397 CITY COUNCIL MINUTES November 12, 1996 within 300 feet of the subject parcel. Staff has not received any communication regarding the proposed project as a result of this publiC notice. The Recreation and parks District Director advised that the District has met with the various groups involved in the process and they agree that this Is consistent with the previous uses at Lexington Junior High SChool. He mentioned that there were representatives present from the American Youth soccer Organization. Councilmember Carroll questioned the height of the proposed poles of 100 feet, which was higher than the tallest building in Cypress and asked for reasons why the pole had to be that high. Councilmember Kerry suggested some corrections to the Mitigation Measures. After further discussion on scheduling of the fields, approved activities and age groups, Mayor Bowman asked If anyone wished to speak in favor of the proposal. Mr. Tom Coleman, Regional Commissioner for AYSO, advised that there is one lighted field for 98 soccer teams In Cypress. Over the years, they have saved the money, they have the desire and he Introduced Mr. Pete Kennahan. Mr. Kennahan said that he has been involved with this project for several years. They have had numerous meetings with City staff, the School Districts, the community and AYSO is operating on a very tight schedule. He urged Council to approve the project. He then Introduced Mr. Ron Reed from Reed Corp Engineering. Mr. Reed, Lighting Engineer on the project, whose organization had been retained by AYSO, gave a short video presentation on the MUSCO lighting. This is a light control system for glare and spill light and he explained that the higher the pole, the more the fixture aims down so there is less SPill and glare on the adjoining neighborhoods. Mr. Reed responded to questions from Council on the number of standards, height and configuration. Mayor Bowman asked If anyone wished to speak In support of or In opposition to the permit. Mr. Leo Friedland, 4479 Casa Grande Circle, Cypress, former Recreation and Community Services Commissioner, commented that this was a very good project and people who walk can use the track. No one else wished to speak. It was moved by Council member Age and seconded by Council member Kerry to close the pUblic hearing; adopt a finding of de MinimiS Impact, approve the Mitigated Negative Declaration, adopt the Mitigation Measures and direct staff to file a Notice of Determination and a de Minimis Impact Exemption; and adopt the Resolution by title only, title as fOllOWS, approving Conditional Use permit No. 96-11, Subject to conditions. RESOLUTION NO. 4724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-11 - WITH CONDITIONS. Council member carroll stated that he is in favor of lighting at LeXington but did not believe in 100 foot standards and would like to see something more palatable to the neighborhood. He would not vote In favor of this project. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Jones, Kerry and Bowman 1 COUNCILMEMBERS: Carroll o COUNCILMEMBERS: None DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF APPROVAL OF A NEGOTIATION AGREEMENT REGARDING THE CABLE TV FRANCHISE RENEWAL FOR CONTINENTAL CABLEVISION. INC.lU.S. WEST. INC.: The City Manager reported that this Item was continued from the October 28,1996 meeting and the staff report described the current CATV franchise granted In May of 1984. The cable Communications Policy Act of 1984 established a process for cities and cable 10 / 398 ,/ /, CITY COUNCIL MINUTES November 12,1996 companies to fOllOW for processing a request for renegotiation of a cable TV franchise including a formal and informal process. Continental Cablevlslon has flied a request to begin the negotiation process and has requested that the City suspend the formal negotiation process and negotiate informallY. The City's Cable TV Attorney, WIlliam Martlcorena, Rutan & Tucker, explained and described the differences between the formal and informal processes. The purpose of the Negotiation Agreement Is to: 1) authorize staff to commence the Informal process; 21 establish Initial ground rules for the conduct of the Informal process; and 31 place some evidentiary limitations upon the ability of either party to use anything that is said against the other party during Informal discussions If forced to go to the formal process. This is purely a procedural matter. Responding to Mayor Bowman's Inquiry on the possibility of bidding the franchise, Mr. Marticorena said that the franchise was non-exclusive and Council could direct staff at anytime to solicit proposals for the granting of a competing franchise. It was moved by Council member Carroll and seconded by Council member Jones to approve the Negotiation Agreement setting forth the criteria for negotiating the renewal of the Cable TV Franchise held by Continental cablevision, Inc. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None NEW BUSINESS: CONSIDERATION OF JOINT LIBRARY PROJECT WITH CYPRESS COLLEGE: The City Manager called upon Kevin Justen, senior Management Analyst, to make the staff presentation. Also in the audience was Dr. Kay Bruce of Cypress cOllege to answer any questions from the Council. The report indicated that Cypress college Is applying for funding with the State Community college Board for a new library facility. They will know if their funding request has been approved in late 1997 or early 1998. A joint City/college library project was discussed and some of the considerations that are Involved in such an undertaking. Responding to Council member carroll's inquiry as to cost to the City, the City Manager advised that, at this point, It would be just a study of the possible cooperative effort and funding considerations. After some discussion, it was moved by Councilmember Kerry and seconded by Council member Jones to direct staff to further evaluate the possibility of a joint City/college library project with Cypress COllege and report back at a future date. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 23494 - 23739: It was moved by Council member Kerry and seconded by Council member Age to approve the Warrant List for warrants No. 23494 through 23739 in the amount of $821,352.08. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 10:50 p.m. and reconvened at 10:55 p.m. with all Councilmembers present. Mayor Bowman introduced the new Council members-elect, Anna Piercy and Tim Keenan. Mr. Keenan said he was looking forward to the challenges facing the new Council members over the next four years. He commented on the nice presentation given during the earlier part of the meeting. ORAL COMMUNICATIONS: For Matters Not on the Agenda. 11 /.,'- ,....' 399 CITY COUNCIL MINUTES November 12,1996 Mr. Don wesllng, 11431 Anegada street, Cypress, mentioned the van that was bought to transport employees from Riverside to Cypress. The PUblic Works Director explained that the City has applied for a grant to purchase a van that would be used as a part of the rideshare program and the employees would be responsible to provide the insurance on the van. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. Council member carroll said that he would like to have the orange county Fire Authority presentation at the next meeting. There was discussion about the date of the next meeting if the vote count has not been certified by the next regularly scheduled meeting. The City Manager reported that staff is working on the OCFA presentation and they are also working with the Registrar of Voters to have the vote certified by the Monday meeting but the meeting certainly can be postponed and held on Tuesday rather than Monday If It is the Council's desire. ADJOURNMENT: Mayor Bowman adjourned the meeting at 11:00 p.m. ~y~. MAYOR OF THE~ ~ESS- ATTEST: ~On.~ LERK OF THE CITY OF CYPRESS 12 -... 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