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Minutes 94-01-10 / ,) 14 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 10, 1994 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, January 10, 1994, In the Administrative Conference Room, West wing, City Hall, 5275 orange Avenue, Cypress, Mayor Richard Partin presiding. PRESENT: ABSENT: Council members Age, Bowman, Kerry, Nicholson and Partin None Also present were City Manager/City Clerk Darrell Essex, Planning Director Christine Eynon and consultants from P&D Technologies and The Dike partnership. WORKSHOP SESSION: Lincoln Avenue specific Plan. The Planning Director Introduced the consultants who made a conceptual presentation of Lincoln Avenue. Mr. Patrick Callahan advised that the consultants would address three areas: opportunities and constraints of existing conditions; conceptual land use plan describing a variety of alternatives and aesthetics, streetscapes and specific site development. Some of the advantages mentioned were that the Cypress cOllege students are viewed as potential customers for shopping on the Avenue and overhead power lines have already been undergrounded on the major portion of Lincoln. Ms. Joan Lombardo presented and explained three issue papers on the Implementation of the vision, inclusion of the Lakeshore Plaza Business Park within the study area and the suitability of locating multi-family residential above ground floor commercial. Mr. Woodrow Dike spoke on the changes in shopping centers toward more strength and validity with each of the node areas shown on the conceptual plan having their own identity. After discussion, MS. Lombardo mentioned some of the problems that may arise by putting residential over commercial and it would work better if they are in the same location. The Planning Director requested direction from the Council on the nodes and the potential types of uses so staff can return with more detail at the next workshop. Staff and the consultants will also have met with the administration of Cypress COllege prior to the next workshop. Council member Bowman expressed his support of the mixed use in the Commercial areas. RECESS: Mayor Partin recessed the meeting at 5:35 p.m. to allow the Council to reconvene in the Council Chamber. Mayor Partin reconvened the meeting at 5:42 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Barrett, Decarlo, Eynon, 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 THE PURCHASE AND INSTALLATION OF A VIDEO PROJECTION SYSTEM FOR THE CYPRESS SENIOR CITIZENS CENTER AND ACCEPTANCE OF DONATION FROM THE CYPRESS SUNSHINE CLUB. INC.: The Recreation and Park Director provided a review of the staff report dated January 5, 1994, which Indicated that the Cypress Sunshine Club, Inc. had opened an account for the sole purpose of raising money to finance a projectjor the new Senior Center. The Club representatives had decided that a video projection system would be a project to pursue. staff conducted informal bids with three vendors and it was determined that Mitsubishi Electronic America, Inc. was the lowest bidder. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson that the City council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1. Dispense with formal competitive bidding pursuant to City Code Section 21-A-8F, and award the contract to Mitsubishi Electronics America, Inc., 5665 Plaza Drive, 1 /-/0 /2- 1 CITY COUNCIL MINUTES January 10,1994 1. Dispense with formal competitive bidding pursuant to city Code Section 21-A-8F, and award the contract to Mitsublshi Electronics America, Inc., S66S plaza Drive, Cypress, CA 90630, at a cost of $6,450.68 for the purchase and installation of a video projection system which included a video ceiling projector and video cassette recorder; 2. Accept the donation in the amount of $6,450,68 from the Cypress Sunshine Club, Inc.; 3. Authorize estimated revenue in the amount of $6,450.68 to cypress Recreation and Park District General Fund 3713-12; and 4. Authorize a bUdget transfer In the amount of $6,450.68 from fund balance of the General Fund to the Central Services fund and appropriate $6,450,68 to 4527-83- 650-35. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None 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. The City Manager, referring to Item NO. 11, Consideration of DRC No. 93-26, requested that Condition NO. 7 be deleted from Exhibit "A" of that design review. The Planning Director explained that the condition had been addressed on the map submitted by the developer. Council member Bowman requested that Item No.7, Consideration of Personnel File Records Purge be removed and discussed dUring Closed Session. Councilmember Kerry asked that Item NO.9, Consideration of orange county Employment Relations Consortium Contract Renewal be pulled. Councilmember Age requested that Item NO. 12, Consideration of the Renaming of Texaco/Chestnut Park be discussed further. It was moved by Council member Nicholson and seconded by Councilmember Age to approve the Consent Calendar Items No.2 through 13, with the exception of Items NO.7, 9 and 12. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item No.2: Motion to Approve City Council Minutes of the Regular Meeting of December 13,1993, Adjourned Regular Meeting of December 16,1993, and the Regular Meeting of December 27,1993. Recommendation: That the City Council approve the Minutes Of December 13,1993, Adjourned Regular Meeting of December 16,1993 and the Regular Meeting of December 27,1993, as submitted. Item NO.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No.4: Consideration of Approval of Agreement Between the City and orange County for Prosecution Services. Recommendation: That the City Council approve the Agreement with the county of Orange for prosecution services, terminating on June 30, 1998, and authorize the Mayor to Sign and the City Clerk to attest the SUbject Agreement. Item NO.5: Consideration of Attendance of the City Manager to the League of California Cities' City Managers Department Meeting. 2 '" 16 CITY COUNCIL MINUTES January 10,1994 Recommendation: That the City Council authorize the attendance of the City Manager to the City Managers Department Meeting sponsored by the League of California Cities and be reimbursed for all actual and necessary expenses incurred. Item No.6: Consideration of Monthly Investment Program for the Month of November 1993. Recommendation: Receive and file. Item No.8: Consideration of Extensions to Employees' Memoranda of Understanding. Recommendation: That the City Council move to ratify the extensions to the Memoranda of Understanding between the City and the Cypress Employees' Association (CEA), Maintenance Employees Association (MEAl, Mid-Management Employees' Association IMMEAl, and public Works Maintenance supervisors' Association (PWMSA), as submitted by January 10, 1994. Item No. 10: Consideration of Application for an original Alcoholic Beverage License Filed by Marivel R. Guzman, for the Former papa Joe's site, Located at 5961 Cerritos Avenue, cypress. Recommendation: Receive and file. Item NO. 11: Consideration of Design Review Committee No. 93-26, Office and Warehouse Buildings, Southeast Corner of PhYllis Drive and valley View street. Recommendation: That the City Council: 1l certify the Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality Act; and 2) Approve Design Review Committee No. 93-26, sUbject to the conditions in Exhibit "A" attached to the staff report. Recreation & park District Matters: Item No. 13: Consideration of 1994 MUlti-Agency July Fourth Fireworks Celebration. Recommendation: That the City council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and park District, direct staff to continue to work with the MUlti-Agency July Fourth Fireworks Committee for the planning of the 1994 fireworks celebration, and to continue to explore possibilities of private funding to reduce cost of the event to each agency. END OF CONSENT CALENDAR Regarding Item No.9, Council member Kerry asked for a list of the workshops that were conducted in 1993 by the Orange county Employment Relations Consortium and the staff that was able to participate in those meetings. The Personnel Director will provide this information. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve the City's membership in the orange county Employment Relations consortium, and authorize the Personnel Director to execute the 1994 Agreement for Special Services with Liebert, cassidy and Frierson, in the amount of $1,595. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to Item No. 12, Renaming of ChestnutfTexaco Park, Council member Age stated that if the park is to be renamed in honor of the City Manager, it should be Darrell Essex Park rather than Darrell EsseX/Chestnut Park. The Recreation & Park Director advised that at the Recreation and community Services Commission meeting, there didn't appear to be a strong feeling about retaining "Chestnut" in the park name. It was moved by Council member Age and seconded by Council member Bowman that the City council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, approve the renaming of Texaco/Chestnut Park to Darrell Essex park and 3 '0 </ 1, CITY COUNCIL MINUTES January 10, 1994 that a rededication of the Park be held in the Spring of 1994. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving CUP No. 93-17. RESOLUTION NO. 4274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 93-17 - WITH CONDITIONS (OFFICEIWAREHOUSE/DISTRIBUTION FACILITY FOR MARY KAY COSMETICS, 6300 KATELLA AVENUE>' The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin 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 Council meeting reconvened at 7:35 p.m. with all Council members present. Also present were staff members Bacock, Barrett, DeCarlo, Eynon, Muiioz, storey and wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry. PRESENTATIONS: Mayor Partin received two plaques from craig Harreld, President of the Cypress Civic Theater Guild, one for the Cypress City Council and the other for the cypress Recreation & park District, for their outstanding service and dedication to the Theater Guild. Mayor Partin presented a facsimile of the Adopt-A-Park sign that will be displayed at veterans Park to Mr. Rick Gaede, General Manager of the cypress Ramada Hotel. Mr. pat Ochoa and Ms. Jeanne st Clair, representing the Buena park, cypress, La Palma Association of Realtors, were presented a plaque by Police Chief Wicker for their long- standing support of the Department's "Drug Abuse Resistance Education (DAR.EJ Program. Mayor Partin announced that a donation of $500.00 to the DAR.E. program was received from Mitsubishi Motor Sales of America and he expressed the City's thanks for the contribution. MS. Margaret Westlund, president of the SunShine Club, introduced Mrs. Grace Lachina, who donated a check in the amount of $6,450.68 for the purchase and installation of a video projection system in the Cypress Senior Citizens Center. Mayor Partin introduced the Chairman of the Citizens Fiscal Advisory Committee Reynold Elkin, who presented copies of their complete report to the Council and provided an overview of the report by reading the Executive summary. Each Committee Member then introduced themselves and each c;::'!!" " hrief presentation of their findings. Mayor Partin thanked the Committee for all their '>'Iork. Council will study the recommendations and will try to implement as many of the recommendations as they can. Councilmember Nicholson requestM that copies of ti'e CFAC report be placed in the library and city Hall. If citizens warted a copy of the rb,Jort, copies could be made for charge. Councilmember Kerry sum ested that copies of thE:: rel10rt ::::so be placed at the Chamber of Commerce and the Par: & Recreation office for the public. 4 I 8 CITY COUNCil MINUTES January 10, 1994 Mayor Partin stated that the Committee will not be dismissed tonight and a special joint meeting will be called for 6:00 p.m. to 10:00 p.m. on Monday, January 31, 1994. He then asked each Committee Member to give a synopsis of their background. RECESS: Mayor Partin recessed the meeting at 8:45 p.m. and reconvened at 9:00 p.m. with all Council members present ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Darren McCarty, 8911 Electric Avenue, Cypress, spoke about his property that is in abatement He stated he has had a crew cleaning up his property since December 24 and has approximately 60 to 70% of it cleaned. He asked if he could continue to clean the yard, not impose a financial responsibility on the City and he will take the responsibility of finishing the cleaning. He advised that the task should be completed by this Friday and asked for the time to comply. Mayor Partin advised that since this case is in litigation, all discussions will have to be conducted with the City Attorney. The City Attorney explained that this pending litigation matter was discussed in Closed Session and he recommended that no discussion be held at this time. The City Attorney's office would contact Mr. McCarty tomorrow morning with what the Council had discussed. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. The City Manager reviewed the workshop session held at 4:30 p.m. in the Administrative Conference Room with staff and consultants from P&D Technologies who are preparing the Lincoln Avenue Specific Plan. conceptual drawings and ideas on the future of the Avenue under the specific plan development were discussed. This item will be publiCly heard when the issues are finalized. He then summarized the actions taken by the Council during the 5:30 portion of the Agenda. Council member Age stated that she had requested that Item No. 12 of the Consent Calendar be removed. She explained that the Recreation & community Services Commission had suggested renaming Texaco/Chestnut Park to Darrell Essex/Chestnut Park and she made a motion to change the name to Darrell Essex Park and Council unanimously concurred. The City Attorney reviewed those discussions held during Closed Session on personnel items: Consent Calendar Item NO.7, the PARS Agreement and working conditions; and several pending litigation matters, i.e., City of Cypress vs Caswell, Stanton vs City of Cypress, and Dash-Away. Regarding Consideration of Personnel File Records Purge, it was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item for 90 days. The motion unanimously carried by the following rOil call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None CONTINUATION OF CONSIDERATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT #93-5, SECTION 9.8-3. SECOND UNIT ORDINANCE. SECTION 8. DEFINITIONS, ADDITION OF SECOND UNIT: The staff report dated January 3, 1994 requested a continuance of this item. It was moved by Council member Age and seconded by Council member Kerry to continue this item to the Council meeting of February 28,1994. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - HOUSE NUMBER PAINTING ON CURBS FilED BY AUSTIN R. REINITZ. D.B.A. RESIDENTIAL ADDRESSING SERVICE: Mayor Partin opened the public hearing. The City Manager presented the staff report dated January 4,1994, which represented a request for a Special Permit to allOw door- 5 _. -""'_--"_~"_~.__._-,-----~,.,-,.." /" '"'J v' 1 9 CITY COUNCIL MINUTES January 10,1994 to-door solicitation for painting house numbers on curbs in the City of cypress from Mr. Austin R. Reinitz, D.B.A. Residential Addressing service, 10015 La Reina, DOWney, CA 90240. The Affidavits of Publication and Posting of the PUblic Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received. The Chief of Police has conducted an investigation in accordance with Section 1S-60 of the cypress City Code. currently, there are no active permits for painting house numbers on curbs in the City. In accordance with Section 15-62 of the cypress City Code, the City Council 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. In the event the City Council approve this permit, it will be referred to the Public Works Department for processing. Mrs. Regina Reinitz, 10015 La Reina, Downey, stated that they paint house numbers on curbs throughout Southern California and volunteered to answer questions from Council. councilmember Age requested that staff direct the street number painting to those areas that need it as opposed to those areas that may give bigger donations. The Acting City Engineer will check with the Maintenance Department to determine if there are any records kept and if the painting has been standardized to any degree. Council member Kerry commented that staff should make the decision as to what areas should or should not be painted. NO one wished to speak in support of or in opposition to the application. It was moved by Councilmember Nicholson and seconded by Council member Age to close the pUblic hearing and approve the application for Special Permit The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF ADJUSTMENT IN STREET SWEEPING RATES: The Finance Director summarized the staff report dated December 29, 1993, which provided a brief history on the implementation of a street sweeping fee. status reports have been provided to the Council on the fees, including concerns expressed by residents who live on private streets not swept by the City. AS a result Council requested staff to return with a recommended fee structure for Charging certain areas by linear feet and a poliCY for the private streets. The total number of units on privatelY owned streets is 679, which represents $20,370 in annual fees. If the Council desires to reduce the Charges to the residents of privately owned streets, the unreimbursed costs could be allocated to the businesses with large street frontage and not be a tax. Several items were examined when determining the proposed fee structure. Also examined were alternative fee structures to pay for the street sweeping services. Staff asked that the City Council review the street sweeping fee structure alternatives and provide staff with direction for the January 24, 1994 Council meeting. Responding to Council member Age, the Finance Director reported that the Los Alamitos Race Course pays a minor amount and the golf course does not pay anything for street sweeping. Council member Kerry encouraged the Council to wait to make a final decision on the street sweeping until action is taken on the CFAC report because every time there is an adjustment to the water bill, it costs. Based upon the alternatives given, Councilmember Age remarked she would be ready to act on this item this evening. Council member Bowman expressed the opinion that everyone that is a resident of cypress should help pay for street sweeping. He would be interested to hear what the 6 ,- 0 20 CITY COUNCIL MINUTES January 10, 1994 remainder of the Council has to say about churches, schools and government paying for street sweeping. Councilmember Kerry asked the City Attorney if certain types of uses within a particular zone can or cannot be charged. The City Attorney advised that since this is a cost recovery system, certain uses could be segregated and charged as long as the charge doesn't exceed the cost of providing the service. It is more important to look at the total cost of providing the service rather than the uses. Council member Nicholson suggested that Council read the CFAC report, make their decision and adjust the street sweeping bill one time only. After further discussion, Councilmember Bowman suggested continuing this item until after the joint meeting with the Citizens Fiscal Advisory Committee. It was moved by Council member Bowman and seconded by Councilmember Kerry to continue this item to the February 14,1994 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF COSTS FOR LANDSCAPING AND MAINTENANCE OF THE VACANT WICKER DRIVE PROPERTIES: The City Manager reviewed the staff report dated January 4,1994, which provided costs for landscaping and maintaining the vacant Wicker Drive properties currently owned by the City adjacent to the Civic Center. Councllmember Bowman expressed the opinion that something should be done with the property and he didn't believe the cost was that great He would recommend that this be implemented throUgh the Park & Recreation District Responding to Councilmember Age'S question on the continued use of the property, the City Attorney replied that the zoning will alert the citizens as to the property use and if there is a communication to made, it will indicate the landscaping is for maintenance only. After further discussion, the City Attorney asked for a Closed Session on this item. Mayor Partin requested continuation of this item until after a Closed Session was held and, hearing no objection, he so ordered. CONSIDERATION OF ZONING DETERMINATION FOR PROPOSED MODULAR BARNS AT THE LOS ALAMITOS RACE COURSE: The Planning Director summarized the staff report dated January 6, 1994, which represented a request for City approval to install modular barns onsite to accommodate the needs of the 1994 Thoroughbred and Quarter Horse seasons. Staff review had raised certain issues regarding the type of zoning and land use approvals required in this case because determination is not clearly established by Code. A question was raised as to whether the addition of modular barns constItutes "an expansion of a non-conforming use," which would trigger the need for a conditional use permit. ConsiderIng the issues, staff considered: 1) the overall land use Intent of the race track as a legal, non-conforming use and 2) the nature of the proposed barns as an accessory use. The proposed modular barns at the Los Alamitos Race Course will be installed in response to the increased number of days and events for Thoroughbred racing. Moreover, the modular barns would not add new barns but simply replace the temporary wooden barns which have been rented in the past. A zoning determInation has been required since the proposed modular barns must have footings and, consequently, stay onsIte year round. Therefore, according to the Building code, they are permanent structures which cannot be approved under a Temporary Use Permit. In light of the related policies and provisions of the Cypress Business and PrOfessional Center Specific Plan and cypress zoning ordinance, staff feels that the proposed modular barns represent a normal, accessory use to the existing race track and would not constitute an expansion of a non-conforming use. It was moved by Council member Bowman and seconded by Council member Kerry to determine that the proposed modular barns represent an accessory use to the existing legal, non-conforming use of the Los Alamitos Race course, subject to approval of the Design Review Committee and issuance of building permits as required by the Building Official. The motion unanimously carried by the following roll call vote: 7 .0 I 21 CITY COUNCIL MINUTES January 10, 1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF URGENCY ORDINANCE AMENDING SECTION 303(al OF THE UNIFORM BUILDING CODE, ALLOWING BUILDING PERMITS TO BE DISCRETIONARY: The City Manager asked the Planning Director to present the staff report dated December 30,1993, which requested Council adoption of an urgency ordinance to allow the City to immediately begin issuing building permits as a discretionary action. The City presently issues most building permits ministerially, which requires applications to satisfy the City's code requirements to be issued without the City having the authority to add conditions of approval. The current process of applying conditions as early as possible will still be practical, with conditions being added subsequent to City approval only in extenuating circumstances. In accordance with the requirements of the California Environmental Quality Act, this project has been declared exempt. Council member Bowman stated that he would vote against this urgency ordinance because he believed building permits should be issued ministerially, not discretionarily. The Planning Director stated that staff is fast-tracking and phasing buildings through so that part of the review process isn't completed before the plans are reviewed and many times there is parallel tracking. On code violations cases, they are beyond the point of the discretionary approval when there is something they could catch and resolve if a condition could be applied at the building permit stage. Council member Kerry commented that the decision should not be made at the Building Official level and the whole process is being changed. The City Attorney explained that an attempt was being made to fill the gap with respect to the way the Ordinance presently reads. The discretionary aspect gives the City the police power to impose reasonable conditions protecting the health, safety and welfare of the community and he explained what this amendment would accomplish. Councilmember Age stated that this City does fast track development from Planning staff to Council and she expressed the concern that this amendment would take away Council's authority. The Planning Director explained that developers are demanding more as far as fast tracking is concerned. The City Manager advised that staff is looking for a mechanism to ensure that something is not missed and can be caught at the time of issuing the building permit. Council member Kerry suggested that the process require the Planning Director, posSiblY the PUblic Works Director and City Manager to approve and then to Council to be advised of what action has been taken. Council member Bowman stated he was not comfortable with this proposed ordinance amendment. Councilmember Nicholson would be willing to vote for this urgency Ordinance since it would be in effect for only 45 days. The City Manager asked the City Attorney if the ordinance could be written with the Council being part of the issuance process without jeopardizing the validity of the ordinance. The City Attorney suggested that if there is a consensus of the Council, he will change the language to reflect that and the Council can vote on this Ordinance with that change which will be effective for the 45 days. Councilmember Bowman suggested changing that portion of the code that is creating the problem, not changing the permit process. RECESS: After additional discussion, Mayor Partin recessed the meeting at 10:25 p.m. and reconvened at 10:30 p.m. with all Councilmembers present Responding to Councilmember Age, the City Attorney explained the procedure. The Council can take action on this ordinance tonight However, Council wishes to have the ordinance amended and during the 45 day period, the staff would return to Council 8 -'0. 7 22 CITY COUNCIL MINUTES January 10,1994 through a pUblic hearing and present a request to extend the urgency ordinance. He clarified for the record that the findings that are articulated in the ordinance are the findings that are required by state law. The City Attorney will include language in the urgency ordinance to reflect the City Council's intent that a building permit be approved by the Council. At the end of 45 days, the ordinance will return to the council, there will be a public hearing and the Council will decide whether to: 1) extend the ordinance for another year and 10 months as currently written; or 2) extend it by amending it: or 3) not extend It at all. Councilmember Bowman will vote for adoption subject to Council's review and approval of the building permits. If it is to continue beyond 45 days, he wanted some specific examples of what the perceived problems are that the ordinance resolves. It was moved by Councilmember Kerry and seconded by Council member Nicholson to adopt the urgency ordinance, as amended, by title only, title as fOllOWS, permitting discretionary issuance of building permits. ORDINANCE NO. 906 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 303(a) OF THE UNIFORM BUILDING CODE ALLOWING BUILDING PERMITS TO BE ISSUED ON A DISCRETIONARY BASIS. The motion unanimously carried by the fOlloWing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF ASSUMPTIONS FOR THE RECOMMENDED CITY WIDE TRAFFIC FEE: The City Manager requested the Planning Director present the staff report dated January 4, 1994, which summarized the issues related to the proposed City-wide Traffic Fee. The report listed seven issues that needed to be addressed by the City Council. Staff will be meeting with the Business Park property owners on January 12, 1994, to discuss the proposed City-wide Traffic Fee and requested Council direction prior to this meeting. Mr. Steve sasaki, Weston Pringle & Associates, stated that the memorandum before council is a summary and some additional items on technical data which supported the past assumptions. Also included are some of the outstanding issues that need Council direction. He briefly reviewed the new items. He commented that the fee being proposed for the City of Cypress would be modified substantiallY if a determination is made on Lincoln Avenue. After some discussion, Councilmember Bowman suggested that the City become proactive as far as the LB. Naval Hospital reuse because that will have a big Impact on Lincoln Avenue. It was moved by Councilmember Bowman and seconded by Council member Age to continue this item to the Council meeting of January 24, 1994. The motion unanimously carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Kerry o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF TRAFFIC CONCERN INVOLVING THE EASTBOUND LEFT TURN LANE AT THE INTERSECTION OF BALL ROAD AND VALLEY VIEW STREET: The Acting City Engineer summarized the staff report dated December 28,1993, which provided a report on the inadequacy of the length of the existing left turn lane and vehicles wishing to make a left turn occasionallY back into the eastbound through lanes. A project to improve this intersection had been engineered and funding had been SOUght through the Intersection Improvement Program of the Combined Transportation Funding program administered by OCTA. The City Council had requested that staff investigate the possibility of installing an additional eastbound left turn lane immediately and also review the signal timing to see if it could be modified in the interim. Staff has made some modifications to the signal timing at this intersection to try and provide additional timing for the eastbound left turn and through movements. 9 CITY COUNCIL MINUTES / /D / .:..' 2: January 10,1994 Councilmember Nicholson reported that the traffic is moving much better through the eastbound left turn lane at the intersection. It was moved by Councilmember Age and seconded by Councilmember Nicholson to receive and file the staff report. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBER5: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AUTHORIZATION OF THE CITY COUNCIL TO SELL THE CITY MANAGER'S AUTOMOBILE: The City Manager asked the Personnel Director to review the staff report dated January 4,1994, which indicated that previously the City provided a car for the City Manager's business and private use at no cost to him. The new employment contract no longer entitles the City Manager to the use of the car and, as provided in earlier discussions, the City Manager proposed to purchase the car from the City. The cost of the car is $14,700 and will be paid over the next two and one-half years with bi- weekly payments. It was moved by Council member Bowman and seconded by Council member Age to approve the sale of the City Manager's City car (1991 Buick park Avenue) to the City Manager for $14,700 and repayment plan at $238.91 per pay period for 65 pay periods, which included 4.365% interest rate Charges for a total repayment to the City of $15,529.15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBER5: None o COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 7832 - 8268: It was moved by Council member Age and seconded by Councilmember Nicholson to approve the Warrants No. 7832 through 8268 in the amount of $1,933,426.75. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor partin recessed the meeting at 11:08 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:15 p.m. with all Council members present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. CLOSED SESSION: Mayor Partin recessed the meeting at 11:15 p.m. to enable the Council to enter into Closed Session. The meeting reconvened at 11:30 p.m. with all Council members present With regard to Item No. 18, Consideration of Costs for Landscaping and Maintenance of the Vacant Wicker Drive properties, it was moved by Mayor Partin and seconded by Councilmember Age to table this item. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Nicholson Mayor Pro Tem Nicholson abstained because, as a real estate agent, she has a listing next to the Wicker Drive properties. 10 J .I () , 24 CITY COUNCIL MINUTES January 10, 1994 ADJOURNMENT: Mayor Partin adjourned the meeting at 11:35 p.m. to 3:30 p.m., Monday, January 24, 1994 in the Administrative Conference Room. ~.-I~~ AVOR OF THE CITY OF CYPRESS ATTEST: j;~ ~~ CITY CL~ F HE CI~ OF CYPRESS . 11