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Minutes 94-03-14 66 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 14, 1994 The Regular Meeting of the Cypress City Council was called to order at s:oo p,m., Monday, March 14, 1994, in the Council Chamber, S275 orange Avenue, Cypress, CA, Mayor Richard Partin presiding. - PRESENT: ABSENT: Council members Age, Bowman, Kerry, Nicholson and Partin None Also present were City Manager/City Clerk Darrell Essex and City Attorney John cavanaugh. WORKSHOP SESSION: A workshop was held with the Cypress Maintenance Employees Association and Council received Information from the Association representatives regarding employment and the concerns the Association had with contracting out of various maintenance services. RECESS: Mayor Partin recessed the meeting at 5:30 p.m. and reconvened at 5:40 p,m. with all Councilmembers present Also present were staff members Essex, cavanaugh, Bacock, Barrett, Decarlo, Munoz, storey and Wicker. CONSIDERATION OF CONTRACT WITH FINANCIAL ADVISOR AND APPROVAL OF BOND COUNSEL RELATING TO THE ISSUANCE OF A TAX AND REVENUE ANTICIPATION NOTE: The Finance Director presented the staff report dated March 4, 1994, which advised that the Council authorized staff to explore the use of a Tax and Revenue Anticipation Note ITRANl for fiscal year 1994-95. It had been determined that the City would be eligible to issue a TRAN and; therefore, will be hiring a Financial Advisor and Bond Counsel to continue the process. Both firms will be hired on a contingent basis whereby if the issue is not sold, there is no fee paid by the City. It was moved by Council member Bowman and seconded by Council member Nicholson to approve: 1. the agreement hiring the firm of Rauscher Pierce Refnes, Inc. as Financial Advisor, and 2. the hiring of the firm of Burke, Williams, Sorensen and Gaar as Bond Counsel. 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 RENEWAL OF ANNUAL TRAFFIC PAINT SUPPLIES CONTRACT: The Acting City Engineer summarized the staff report dated March 2, 1994, which indicated that Bauer coatings Division of Morton International, Inc. has been supplying the City with traffic paint and reflective spheres for eight years. The current contract will expire on March 13, 1994. Bauer has offered to renew the purchase contract for an additional one year period with a reduction of $.90 per gallon in prices for white and yellow standard dry paint The City did obtain another quotation from the only competitor whose prices were considerably higher and their product causes problems with the City's equipment. It was moved by Council member Kerry and seconded by Council member Nicholson to authorize renewal of a traffic paint supplies purchase contract for a one year period ending March 14, 1995, with Bauer coatings Division of Morton International, Inc., 1021 North Mission Road, LOS Angeles, California 90033, for a contract price not to exceed $19,000. 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 1 61 CITY COUNCIL MINUTES March 14, 1994 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 Council member Age and seconded by Council member Nicholson to approve the Consent Calendar Items No.3 through 13. 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.3: Motion to Approve City Council Minutes of the Adjourned Regular Meetings of January 31, 1994, February 5, 1994, February 7, 1994, the Regular Meeting of February 14,1994, Adjourned Regular Meeting of February 24,1994 and the Regular Meeting of February 28, 1994. Recommendation: That the City Council approve the Minutes of January 31, 1994, February 5, 1994, February 7, 1994, February 14, 1994, February 24, 1994 and February 28, 1994, as submitted. Item NO.4: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented for Consideration by Title Only and to Waive Further Reading. Item No.5: Consideration of proclaiming April 8, 1994, as "Tree City USA Day" in the City of Cypress. Recommendation: That the Mayor and City Council Officially proclaim April 8, 1994 as "Tree City USA Day" in the City of Cypress. Item NO.6: Consideration of Resolution Commending Mr. Louis Michael Weiser for His Heroic Actions In saving the Lives of Moshe and Sandra Joshua. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Mr. Louis Michael Welser for his heroic actions in saving the lives of Moshe and Sandra Joshua. RESOLUTION NO. 4282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE HEROIC ACTIONS OF LOUIS MICHAEL WEISER IN SAVING THE LIVES OF MOSHE AND SANDRA JOSHUA. Item No.7: Consideration of an Application for a private Patrol Permit. Securtec, Inc. Recommendation: That the City Council authorize the issuance of a permit for Private Patrol Services in the City of Cypress to Securtec, Inc., 2166 W. Broadway, Suite 534, Anaheim, CA 92804, subject to the proviSions of the City Code relative to the operation of private patrol services Item No.8: Consideration of Auditor's Management Letter. Recommendation: Receive and file. Item No.9: Consideration of Acceptance of Final Tract Map NO. 14495, 9402 Holder street, Cypress. Recommendation: That the City Council approve Final Tract Map NO. 14495 and accept the bond for public improvements, in the amount of $9,000.00, which Is 100% of the total improvements, and authorize the City Clerk to sign the record map. Item NO. 10: Consideration of submitting a Letter to the State Fire Marshal ReqUesting Adoption of Building standards Relating to Fire and Panic Safety for Residential Dwellings. 2 . ~ 68 , CITY COUNCIL MINUTES March 14, 1994 Recommendation: That the City Council authorize the Mayor to sign the letter (Sample letter attached) to the State Fire Marshal, Ron Coleman, requesting immediate action to draft building standards relating to fire and panic safety for residential dwellings, as provided in Health and safety Code Section 17921. Item NO. 11: Consideration of Acceptance of Improvements and Release of Bonds for Tract NO. 14420. Recommendation: That the City Council accept the public improvements for Tract No. 14420, as being satisfactorily completed in accordance with the Plans and 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 Proclaiming the Week of May 1 - 7,1994, as "Loyalty Week" in the City of cypress. Recommendation: That the Mayor and City Council Officially proclaim the week of May 1 - 7,1994, as "Loyalty Week" in the City of cypress, and grant the waiver of fees for the use of the showmobile for the ceremony to be held on May 7,1994, at Veterans Park. Item NO. 13: Consideration of opposition to AB 2S44 (ISenberg), Regarding Shifting of City Fine Revenue to Counties. Recommendation: That the City Council authorize the Mayor to Sign the opposition letter regarding AB 2544 (Isenberg) and forward it to the appropriate State representatives. END OF CONSENT CALENDAR ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Council member Bowman and seconded by Council member Kerry to order the fOllowing Ordinance read by title only, title as follows, and to adopt the Ordinance approving Amendment NO.2 to Development Agreement NO. 90-1. ORDINANCE NO. 910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT NO.2 TO DEVELOPMENT AGREEMENT NO. 90-1 BFTWEEN THE CITY OF CYPRESS AND CYPRESS DEVELOPMENT PARTNERSHIP; LOS ALAMITOS RACE COURSE, AND FJC U.S.A. ("DEVELOPER"). 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 It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to order the fOllowing Ordinance read by title only, title as follows, and to adopt the Ordinance establishing traffic impact fee requirements. ORDINANCE NO. 911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING TRAFFIC IMPACT FEE REQUIREMENTS FOR NEW DEVELOPMENT/REDEVELOPMENT WITHIN THE CITY OF CYPRESS. 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 It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP NO. 94-1. 3 69 CITY COUNCIL MINUTES March 14,1994 RESOLUTION NO. 4283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 94-1 - WITH CONDITIONS (AUTO REPAIR BUSINESS, 5501 BALL ROAD>. 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 It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to adopt the Resolution by title only, title as fOllOWS, approving CUP No. 94-2. RESOLUTION NO. 4284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 94-2 - WITH CONDITIONS (M&M INTERNATIONAL MARKET, 5591 BALL ROAD>. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. Mr. Eddings, representing VFW Post No. 9847, thanked the City and the Council for their continued support during "Loyalty Week." CLOSED SESSION: Mayor Partin recessed the meeting at 5:50 p.m. to enable to the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:35 p.m. with all Councilmembers present Also present were staff members Essex, cavanaugh, Bacock, Barrett, DeCarlo, Eynon, Munoz, storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman. PRESENTATION: Mayor partin announced that the presentation to the Citizens Fiscal Advisory Committee (CFACl will be continued to the Council meeting of March 28, 1994. A Community service Plaque was presented by Mayor partin to former Cultural Arts commissioner, Craig Harreld. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Lawrence Turner, 9283 Vista Mesa, cypress, stated that he is a crafter and he has been asked to take out a business license by the City. He wondered if all crafters that enter the various boutiques and festivals also have to have a business license. Ms. Jane wozniak, 4480 Avenida Granada, Cypress, spoke on the layoff of police management personnel, especiallY when there is more crime in the City. Also, she stated she had mentioned the issue of putting a cap on campaign spending and she would like to know if it has been discussed. Mr. Mike Sellers, 5044 Melbourne Drive, cypress, expressed his concern about cuts in the Police Department, particularly as they are directed at the leadership positions. He mentioned a review of alternative funding sources for Police Departments before positions are cut. He would consider implementing a utility users fee and a 3% tax would cost the same as the rental price of a couple of video cassettes a month. Mayor Partin explained that the City is reorganizing the Police Department and not reducing the number of officers or the effectiveness of the department 4 70 ~ CITY COUNCIL MINUTES March 14, 1994 sergeant Ray Peterson, Cypress Police Department, expressed his anger at the cuts that are taking place city-wide. The layoffs that the Council has directed in the department will affect the calibre of employees that are hired for many years. MS. Jane Wozniak asked why Cypress didn't have employees named that were spiking their pay when the list was published. Mayor Partin announced that there has been no decision made to layoff anyone. All these matters must be discussed in Closed Sessions and when a formal list is finalized, It will be announced at a Council meeting. The City Manager clarified the record as to the implication on the "spiked contract" and the reason there was no one listed from the City of Cypress Is because no one had a "spiked contract." ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. No one wished to speak. The City Manager reported the Council met at 5:00 p.m. and received information from the Cypress Maintenance Employees Association. He then summarized the actions taken by the Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed discussions held during the Closed Session on: three items involving pending litigation, City vs. Dash-a-way Disposal, City vs. Caswell and a nuisance abatement action involving Duke's Diner. There were two personnel matters with one having a significant exposure to litigation. CONTINUATION 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 March 8, 1994 requested a continuance of this item. It was moved by Councilmember Nicholson and seconded by Councilmember Age to continue this item to the meeting of March 28, 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 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT NO. 93-7. AMENDING SECTIONS 8; 10.1.B.: AND 10.3.B OF THE CYPRESS ZONING CODE TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR THE CONSIDERATION OF SINGLE ROOM OCCUPANCY DEVELOPMENTS: The City Manager asked the City Attorney to provide a report on this item. The City Attorney advised that as the result of an oversight, there was a proviSion in the ordinance that needed some modification and he could not suggest that the Council take action on this item tonight He recommended continuation of the publiC hearing to the March 28, 1994 meeting. It was moved by Council member Bowman and seconded by Councilmember Age to continue this item to the March 28, 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93- 12. OUTDOOR SWAP MEET (MARKET). 5303 KATELLA AVENUE: The City Manager requested the Planning Director summarize the staff report dated March 11, 1994. The Planning Director wished to defer this item until after the public hearing on the Specific Plan Amendment If the Specific Plan Amendment is approved, this item would then be heard and hearing no objection, the Mayor so ordered. CONSIDERATION OF PUBLIC HEARING RE; AMENDMENT TO CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. (GENERALLY BOUNDED BY CERRITOS AVENUE TO THE NORTH. KATELLA AVENUE TO THE SOUTH. WALKER STREET TO THE EAST AND DENNI STREET TO THE WEST): Mayor partin declared the public hearing opened. The City Manager requested the Planning Director summarize the staff report dated March 10, 1994, which represented a request by Lloyd Arnold to amend the Cypress BUSiness and Professional 5 ~7f CITY COUNCIL MINUTES March 14, 1994 Center Specific Plan to allow specific land uses to be approved for an interim period within the Specific Plan. She clarified that thrOughout the report there are issues that were identified and a letter from some of the adjacent property owners, written by Mr. Mark Armbruster. subsequent to receiving the letter, the adjacent landowners met with the applicant, Lloyd Arnold, and reached some agreement dispelling their concerns. correspondence was received from the City of Los Alamitos, a copy of which is before council, requesting a continuance until March 28, 1994. Also received was a phone call from a property owner, Lois Waddle, who expressed concern about parking and traffic. The application represented a request by Lloyd Arnold to amend the cypress Business & Professional Center specific Plan to allow specific land uses to be approved for an interim period within the Specific Plan. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. This project has also been reviewed for potential impacts to existing wildlife habitat and it has been determined that no negative impacts will result from this project and; therefore, a statement of de minimis impact will be filed for this project. Certain uses can be approved on a temporary basis; however, there is no provision for short-term approval of any use beyond the "temporary" 30 days. Additionally, no mechanism for waiving or phasing of the improvements exists within the Specific Plan. As part of the application, the applicant requested that required improvements be waived or phased until such time as the property is developed to its ultimate use. There are several issues which must be addressed by Council in order to continue with the analysis of the Specific Plan amendment and are presented in detail in the staff report. The decision points are: A. Should specific land uses be approved for an "interim period" within the Specific Plan area? 1. Will interim approval of uses maintain consistency with the goals, policies and objectives of the Specific Plan? 2. Does sufficient data exist to permit a finding of no negative impact and approval of a Negative Declaration? B. Which land uses may be considered for interim apprOval? C. If interim approval periods are appropriate, what length of time should be considered "interim"? D. Should development standards be modified, phased or waived for interim uses? The Planning Director suggested that Council act upon the issues in the order presented above. The goals, policies and objectives Of the Specific Plan, an analysis of how they mayor may not apply and the required Council action had been provided. The proposed amendment included the additions of Section VI.B.3.0.1, which could permit fairgrounds and accessory uses and entertainment uses on an interim basis and Section V.D.10, which could also allow for the waiving or phasing of certain development standards on a case-by-case basis. Notices of the Public Hearing were posted and published and mailed to property owners within 300 feet of the subject property and, to date, staff has written and verbal comments on this matter from neighboring business park owners and a residential landowner as well as a request for the staff report from the City of LOS Alamitos Planning Department. Mr. Lloyd Arnold, representing Los Alamitos Race Track, 4961 Katella Avenue, Los Alamitos, stated that the carryon the vacant land is extremely high and there are no bidders for the property. Their main Objective is to sell the land and they are proposing, in the interim, a phased-in swap meet use. After a question and answer periOd, the City Attorney advised that Council needed to make a determination whether they wanted to approve an interim use on this particular property. Mayor Partin asked if anyone wished to speak in support of the application. 6 "" 72 CITY COUNCIL MINUTES March 14, 1994 Ms. Alice selfridge, 5294 Rome Avenue, Cypress, voiced her support for the Issue of having a swap meet at the race track. The Mayor asked who wished to speak In opposition to the application. Ms. Lois Waddle, 11092 Ticonderoga Dr., Los Alamitos, stated that the simulcast events, the evening quarter horse/harness races and the swap meet all occurred on the weekend. Her concern was the parking and traffic problems that could be created by all these concurrent events. No one else wished to speak In support of or In opposition to the application. Councilmember Bowman stated that he would not have a problem with a five year periOd if language could be inserted which would provide for an annual review along with the review that Council required If there is a problem on the property. The Planning Director mentioned some additional considerations on an annual review which could be a reopening of the hearing, staff review, studies and an annual staff report to Council for their determination. Council member Age would like the review to be a public hearing. Council member Bowman suggested a five year approved interim use with an annual report and review subject to City Council review at a public hearing. Referring to reopening the public hearing, Councilmember Age asked if the reopening could be called by anyone Council member. After further discussion, Councilmember Bowman commented that Council would come back In an annual review and decide this was not an appropriate land use and that amendment should be taken out of the Specific Plan. The term "land use" has to be separated when talking about SpecifiC Plan vs. Conditional use Permit because that would be specific to the particular project RECESS: Mayor Partin recessed the meeting at 8:45 p.m. the request of the City Attorney and reconvened at 9:10 p.m. with all Councilmembers present. continuing with the Specific Plan amendment, the Planning Director proposed the following changes to Section V.D.10, in the introductory paragraph, "AS allowed for in Section VI.B.3.0.1, Land Uses..Any approved interim use shall be subject to annual review by staff for review and approval by the City Council. Any member of the City Council may request a publiC hearing on the matter. In the event the approved interim use...." Council member Kerry disagreed with any Councilmember asking for a public hearing on this matter and stated that a majority vote of the Council is needed to call the public hearing. Mayor Partin concurred. Responding to Councilmember Bowman, the City Attorney replied that he didn't believe that the Council was establishing a precedent because the issue was focused on this SpeCific Plan. After additional discussion, Councilmember Age suggested that the language be changed to reflect that one Council member can request that this item be placed on the Agenda, but it would take a majority vote of the Council to call a pUblic hearing. Mayor Partin and Councilmember Nicholson concurred with the revision. Council member Nicholson would request the item be on the agenda under "New Business." Regarding the question on whether development standards should be modified, phased or waived for interim uses, Councilmember Bowman commented that he didn't think they should be waived, but didn't have a problem with phasing. The Planning Director suggested breaking down the project into onsite and offsite development standards. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to 1) close the public hearing; 2) adopt a finding of de minimis impact, approve the Negative Declaration in accordance with the requirements of CEQA and direct staff to file a Notice of Determination and de minimis impact exemption; and 3) approve the amendment to the cypress Business and Professional Center specific Plan allowing for the establishment of interim uses as outlined in Exhibit A. He would consider the interim approval to be five years maximum with an annual review subject to the additional language as amended. Also, the development standards could be modified, 7 ';; 73 CITY COUNCIL MINUTES March 14, 1994 phased or waived for interim uses. 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 Regarding CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93-12. OUTDOOR SWAP MEET (MARKEn. 5303 KATELLA AVENUE, Mayor Partin declared the publiC hearing open and the City Manager requested the Planning Director review the staff report dated March 11, 1994. The Planning Director reported that the property owner had submitted a letter this evening requesting that Council consider the original proposal and not the revised request. She again mentioned the letter received from the City of Los Alamitos. Ms. Waddle, who spol<e earlier, had called expressing her concern about the increase in traffic. communications were received from Marl< Armbruster on behalf of the adjacent landowners, Carl Robertson and Brian Harvey. A meeting was held today between the landowners in which staff was not involved. At the conclusion of that meeting, City staff was informed of the agreed upon conditions. For the record, she read those conditions and an additional condition from staff: 1. No more than one permanent sign SUbject to reasonable review of the adjacent landowners prior to installation shall be permitted. 2. NO banners will be permitted on the chain Iinl< fence. 3. Operation of the facility shall be limited to Saturdays, Sundays and Holidays from 7 a.m. to 4 p.m. only. 4. No permanent structures will be permitted. All facilities, i.e., vendor boothS, etc., shall be removed at the end of each operating day. 5. Five portable toilets shall be installed and shall be relocated in the proximity of the railroad tracl< for storage at the end of each operating day. During hours of operation, the portable toilets shall not be located along the Katella Avenue frontage; and 6. All trash and debris resulting from the swap meet use shall be cleaned by 7 p.m. on days of operation. Staff is suggesting that another condition be added that states, "The applicant/operator shall agree to fair share participation in construction of landscape and entrance improvements at the major entryways into the Specific Plan area at such time as the City or property owners determine that these improvements are required." This application represented a request to operate an interim outdoor swap meet (open air marl<et) on saturdays and sundays from 7 a.m. to 4 p.m. on Planning Areas NOS. 4 and 5 of the cypress Business and Professional Center specific Plan area located at 5303 Katella Avenue. In accordance with the requirements of the California Environmental Quality Act, a Mitigated Negative Declaration will be filed for this project. This project has also been reviewed for potential impacts to existing wildlife habitat. It has been determined that no negative impacts will result from this project and; therefore, a statement of de minimis impact will be filed for this project. The Planning Director referred to the staff report on page 3, which indicated there was an original request and a revised request However, the request for a revised proposal has been withdrawn. The proposal consisted of two phases, with Phase 1 consisting of seven acres of vendor area and a secondary phase consisting of an additional three acres of vendor area. Existing parl<ing on the site consists of approximately 3,350 spaces with an additional 4,300 stalls being provided as part of this proposal. She outlined the items that needed to be addressed and actions required to be tal<en on those items by the Council. Regarding traffic impact fees, the Planning Director recommended that Council direct staff to research the appropriate mechanism for the assessment of those fees. Council member Bowman wished to elaborate on the traffic mitigation and drainage fees. The City Attorney explained that, according to the Counsel for the adjacent property owners, they were satisfied that the language in the resolution gave the City discretion to apply the traffic impact fee to that use if needed. 8 10:. ..} 74 CITY COUNCIL MINUTES March 14, 1994 Council member Age suggested this item be continued to the next meeting and she expressed concern about the parking conditions. She requested staff to return with specific data on the simulcast attendance, the temporary stable area, how many cars the orange county Fairgrounds typically has, traffic mitigation in and out of the track and she would like to have Dr. Allred sign off on this application. Councilmember Kerry stated that a traffic study had already been done on the original proposal and she asked what impacts would occur as the result of this swap meet. Council member Kerry also expressed concern about traffic fees when this is a temporary use and the adverse impacts. The Planning Director quoted from a letter from Fuscoe Engineering, on behalf of the applicant, stating some clarifications on their submittal that needed to be considered as part of the parking and traffic study. After some discussion, Council member Bowman suggested continuing with the public hearing and if other items arise that need answers, then the hearing can be continued. The Planning Director concluded her presentation of the staff report and Mayor Partin asked the applicant to come forward. Mr. Lloyd Arnold stated that they are trying to start a swap meet so they can obtain revenue and so can the City. He also stated that if Dr. Allred had any objections about the swap meet, he would be present As far as the traffic mitigation fees, if it is found that the swap meet is contributing to a traffic problem, they will pay their share. He felt that the drainage fee should be deferred until the highest and best use of the development is achieved. The engineer reported that they will detain all excess storm water caused by the paving of the open field. Councilmembers Age asked that that statement be reduced to writing and provided to the Council. The Planning Director referred to Condition No. 16, and "Drainage Fee for Master Drainage Plan" would have to be deleted if the fee would not be charged at this time. An additional sentence would be added to Condition No.2 to the effect that, "Drainage fee shall only be required in the event that...." Mr. Arnold proposed to delete the street lighting fee because of the daytime operation. The Planning Director clarified that when the phasing required the street lighting, the fee would be paid at that time. The Council proceeded through the staff report providing direction and resolution on the various issues. Responding to Councilmember Age'S concern about parking, Mr. Arnold stated that if a meet were to exceed existing parking, they would shut the gates, but he didn't envision that situation. After additional discussion, Mayor Partin asked if anyone wished to speak in support of the application. Ms. Cherie Hippler, 6271 Barbados Avenue, Cypress, spoke in support of the swap meet and stated that the Council was giving Mr. Arnold a hard time. Ms. Kathy Ellis, 11434 Orchila street, Cypress, stated that her church/school had always had marvelous cooperation with the race track. Mr. Arnold needs to be given some type of use for the land until it sells. Ms. Cindy Alponte, 10403 cary Circle, Cypress, expressed her support of the swap meet and the revenue it would bring for the City. Ms. Lale Shaver, 3119 w. Acme Place, Anaheim, spoke in favor of the swap meet and it would provide a good healthy atmosphere for the race track. MS. Jane wozniak, 4480 Avenida Granada, cypress, stated she supported the swap meet and the Council makes life miserable for anyone that comes in for a permit or anything. Mr. Arnold has more than supported this Community since he became part of the race track. 9 ..._ ,/ /J//.;) 75 CITY COUNCIL MINUTES March 14,1994 Mr. Reynold Elkin, 4034 Orange Avenue, Cypress, perceived many roadblocks set up for this project. The best thing a retail business can have is the competition across the street City Council and staff should spend the time to expedite this project NO one wished to speak in opposition to the project Mayor partin suggested that the Council discuss each item. Councilmember Bowman proceeded through the staff report, advising that the items on pages 4, 5, and 6 have been resolved. On page 7, the applicant had indicated that if traffic mitigation fees are required, he would pay them for credit toward the permanent use. The Planning Director suggested that Council direct staff to review the traffic impact fees in more detail and return at the next Council meeting for approval. Item No.5 was acceptable and on Item NO.6, Council agreed an admission fee be charged, but after one year of operation. The items on pages 9 and 10 were approved as presented by staff. On page 11, Item No. 10, the interim use period was granted for five years with an annual review. It was moved by Council member Bowman and seconded by Council member Nicholson to 1) close the public hearing; 2) adopt a finding of de minimis impact, approve the Mitigated Negative Declaration in accordance with the requirements of the CEQA and direct staff to file a Notice of Determination and de minimis impact exemption; and 3) approve Conditional use permit No. 93-12 for a period of five years, with annual review of impacts and mitigations, and subject to the conditions in Exhibit "C", along with the additional conditions agreed to with the adjacent property owners that had been read into the record. Mr. Arnold approached the podium and stated that he had a problem with the admissions fee and he asked for two or three free years to build the business. The City Attorney requested that Mr. Arnold state, for the record, that he had agreed to the seven conditions that were read by the planning Director. Mr. Arnold stated that he did agree to the conditions that were proposed by staff, Warland and cypress Land. Council member Bowman amended his motion to read two years on the admission fees and Councilmember Nicholson concurred. 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 10:40 p.m. and reconvened at 10:55 p.m. with all Councilmembers present. CONSIDERATION OF PUBLIC HEARINC RE: CONDITIONAL USE PERMIT NO. 94-4. LOS RIOS RESTAURANT AND NIGHTCLUB. WITH THE ON SITE SALE OF GENERAL ALCOHOL. 6197 BALL ROAD: Mayor Partin opened the publiC hearing. The Planning Director summarized the staff report dated March 3, 1994 which represented a request to operate a full-service MeXican restaurant and nightclub with the onsite sale of general alcohol. The proposed business would be operated out of an existing restaurant building located at 6197 Ball Road. According to the requirements of the California Environmental QUality Act, this project is considered Exempt, Class 1. No new development is proposed, except for a new business identification sign and adequate parking exists for all businesses in the center. The proposed hours of operation for the new LoS Rios Restaurant are 11 a.m. to 2 a.m., with the entertainment beginning at 8 p.m., seven days per week. staff found there were previous noise and night glare impacts on surrounding residents when the business was known as Promises, a rock and roll nightclub. To address potential public disturbance concerns, the previous conditional use permits included a condition of approval that, if substantial complaints are received, the City Council may reopen the pUblic hearing and take appropriate action, such as modify the hours of operation, apply new conditions or revoke the conditional use permit 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 staff report, no pUblic comments have been received. The City Manager mentioned that there are some variations in the times from one report to the other and perhaps the applicant could clarify. 10 76 CITY COUNCIL MINUTES March 14, 1994 Councilmember Age expressed concern about allowing entertainment to 2 a.m. during the weekdays. Councilmember Kerry also expressed a concern with the late hour for entertainment. Councilmember Age agreed that 2 a.m. was acceptable for Friday and saturday nights. The applicant, Juan Garcia, 14437 Beaver street, Sylmar, commented that the main problem as he saw it was the noise that would be created. He explained that he was not going to be open seven nights a week, but he did not want to be restricted to certain days. Responding to Councilmember Age's Question on limiting the hours of operation on week nights to 12 a.m., exempting holidays, the applicant had no objection. He stated that he really wanted to open on Friday, Saturday and sunday for dancing only. Mr. Garcia remarked that the size of the band would be five or six people. Responding to Councilmember Kerry's Question on the ratio of space dedicated to the bar and the restaurant, Mr. Garcia estimated it to be a 50/50 ratio. The applicant stated that the dancing will not be until evening, he will request a permit from 11 a.m. to 2 a.m. and he will not have dancing during the week. The police Chief provided the Council with a brief history on the prior three occupants of the restaurant. Council member Age stated she would support the granting of the application only if the hours during the week were changed to 12 a.m. Councilmember Nicholson requested that Condition No. 26 be amended to reflect operating hours to 12 a.m. during the week except for holidays and weekends, which would be a 2 a.m. closing time. council member Kerry suggested that sundays be conditioned to close at 12 a.m. also unless the holiday is the following day. After further discussion, the pollee Chief advised that the Type 47 alcoholic beverage license which is an on sale general bonafide eating place. If he wanted a nightclub, he would have to apply for a Type 48 license. Mayor Partin asked if anyone wished to speak in support of the application. Mr. Kim wong, representing the management company of Cinnamon square, stated that both of the previous restaurant owners complained to him that the reason they couldn't do business there was because of the restricted hours. He urged the Council to allow the restaurant/nightclub to open. No one else wished to speak in support of or opposition to the application. Mayor partin expressed the desire to give the business a chance and there was a condition that would allow the City to review the business to make it more compatible with the neighborhood if it does turn out to be a problem. Mr. Garcia stated that now he has no objection to clOsing at 12 midnight, but he would like the option to come back to Council asking for extended hours of operation without going through the entire permit process with the same fees. The Planning Director advised that if it is considered a minor conditional use permit, the fee would be $250. It was moved by Council member Age to close the public hearing, approve conditional use permit 94-4, subject to conditions, changing Condition NO. 26 restricting the hours of operation to 12 midnight Sunday through Thursday, with the exception of the day preceding a holiday and should the applicant return to extend his hours of operation, Council will consider waiving the fee. The City Attorney suggested that a condition be added as follows, "In the event the applicant wishes to change his hours of operation, he would come in for a minor amendment to his conditional use permit" and that way the fee would be established for that particular application. He didn't think that waiving the fee could be conditioned now and if the applicant wants to come before the Council at that time to waive fees, he can do so. Councilmember Age agreed to amend the motion and Councilmember Nicholson seconded the motion. The motion unanimously carried by the following roll call vote: 11 f i"1 CITY COUNCIL MINUTES March 14, 1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Due to the lateness of the hour, it was moved by Council member Age and seconded by Council member Kerry to continue the meeting past the hour of 11:30 p.m. with the consideration to continue any item that can be continued to another 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 CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - LOS RIOS RESTAURANT. 6197 BALL ROAD: The publiC hearing was opened by Mayor Partin. The City Manager summarized the staff report dated March 8, 1994, advising that an application had been submitted for a live entertainment permit by Mr. Juan Garcia, d.b.a. LOS Rios Restaurant, 6197 Ball Road, cypress, to allow a 2 to 15 piece Mexican Country Music Band and dancing by the patrons on the premises. The application stated an 8:00 a.m. to 2:00 a.m. request, however, with the Police Department Investigation, the hours were determined to be from to 5:00 p.m. to 1:00 a.m. and starting at 11:00 a.m. for Sunday brunch. There will also be an admission fee to which an admissions tax would be applied. One letter was received from Irving and Jadean wenger of Juanita Street in opposition to the entertainment permit. The City Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation or business by the applicant and the live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the pUblic or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, intemperate habits, or bad reputation for truth, honesty or integrity. The Council has previously established the condition for all live entertainment permits that they reserve the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. The City Manager suggested that Council apply the same conditions in terms of hours as placed on the conditional use permit Councilmember Nicholson commented that the operation appeared to her to be a nightclub and she will be the first one to complain about this operation because this is basically a residential neighborhood. The City Attorney advised that there were enough conditions on the project to abate the problem that occurred with "promises" The issue is the aggressive enforcement and the procedure to be set out and followed that if there are complaints, they need to be logged to compile a record. Responding to Council member Nicholson, the applicant advised that the admissions fee would apply only when there is entertainment. No one wished to speak in support of or opposition to the application. It was moved by Council member Kerry and seconded by Councilmember Age to close the public hearing, conditionally approve the live entertainment permit with the same amended hours of operation as granted for the conditional use permit, the permit to be reviewed by Council in one year and that the procedures to collect and report the admissions tax will be approved by the City Finance Department. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-5. CONSTRUCTION OF PUMP STATION AT THE SOUTHEAST CORNER OF DENNI STREET AND AVENIDA GRANADA: Mayor Partin declared the public hearing open. The City Manager requested the Planning Director review the staff report dated February 28, 1994, which represented a request to construct a pump station at the southeast corner of Denni Street and Avenida Granada. The pump station is proposed in order to meet the current and future local and regional drainage needs. It will be built in two phases with the second 12 78 CITY COUNCIL MINUTES March 14, 1994 phase being completed two years from the completion of the first phase. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. The architecture of the pump station will be designed to comply with the development standards of the Sorrento Specific Plan. AdditionallY, the pump station will be designed to meet the criteria of the County of orange Environmental Management Agency/Flood Control District. The final design of the pumps have not been completed due to the fact that the agreement has yet to be finalized by the County Flood Control District. A confirmation of the Hydrology and HYdraulic Studies by Hunsacker and Associates will be the basis for the final pump station design. Notices of the publiC hearing were mailed to property owners within 300 feet of the subject site. TO date, staff has not received any comment. Councilmember Kerry expressed concern about keeping the area from flooding after the retaining basin is gone. The Acting City Engineer explained that the pumps will upgrade the flood capacity to 25 years and will prevent any regional flooding. It is important to note that the Sorrento Homes do not necessarily need this pump station to mitigate their 100 year flood. This pump station, in addition to handling part of Sorrento Homes, will be a regional solution to upgrade the City's facilities from a seven to a 25 year flood capacity. Mr. Fred Graylee, Hunsacker and Associates, preparers of the project report, explained they have been working on this project for about five years. The existing facilities in the City are only capable of delivering a seven year storm. In order for those pumps to become useful at 100 year capacity, half of the channels would have to be rebuilt. They are county facilities and the County has no intention of doing that. The City Manager reported that the City has spent a lot of money on storm drains in the City because a bond issue had been passed many years ago. Mayor Partin asked if anyone wished to speak about this request. Ms. Jane wozniak, 4480 Avenida Granada, cypress, stated this was supposed to be a five year project. The project has been dragging on, the dirt is still being blown into the neighborhood, water running down the street and she asked how long the neighbors were going to have to put up with this situation. The Acting City Engineer spoke on the timing issue of the pump station. When it is finished, the dirt and fencing will be removed to allOW Sorrento to finish building their homes. The design of the pump station is expected in six to seven months, construction will begin sometime in March 1995 and completion should be by the end of 1995. Mayor Partin stated that another effort will be made by staff to alleviate the dirt being blown from the development. Responding to Councilmember Bowman, Mr. Graylee replied that the pump station will be approximately 42 feet wide, 52 feet long and 12 feet high. Responding to concerns from council, the Recreation & Park Director explained that originally the park area was designated as 6.2 acres and 6.5 acres were given to use temporarily until the pump station was built. The.3 acres was actually set aside for the pump station. Mr. Graylee explained that when the initial studies were being done on the pump station, it was not known what size building was needed. After some additional discussion, it was moved by Councilmember Bowman and seconded by Councilmember Age to close the publiC hearing; 1. adopt a finding of de minimis impact, approve the negative declaration and direct staff to file a Notice of Determination and De Minimis Impact Exemption 2. adopt the fOllOwing Findings: A. The proposed location of Conditional use Permit No. 94-5, the Sorrento Pump station, is in accord with the Objectives of the City of cypress zoning Ordinance Section 17.2 Conditional uses and the purpose of the 13 .3.- I L/~ ~~ 79 CITY COUNCIL MINUTES March 14, 1994 zone in which the site is located because conditions have been imposed to regulate and ensure compliance with the Sorrento specific Plan. B. The proposed location of the pump station and the conditions under which it would be operated or maintained will not be detrimental to the pUblic health, safety or welfare, or materiallY injurious to properties or improvements in the vicinity since the project will improve an existing deficiency in the local and regional drainage system. C. The proposed pump station will be designed and regulated for compliance with the Noise Ordinance Section 13.68 of the cypress Municipal Code. D. The proposed pump station is consistent with the City of cypress General Plan open Space criteria in that the pump station complies with the allowable land area designated for this use. 3. Approve Conditional use permit No. 94-S, subject to conditions. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: Non o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: REGULATION OF BASIC RATES FOR COPLEY/COLONY CABLEVISION OF CYPRESS CABLE SERVICES: The Assistant City Manager summarized the staff report dated March 9, 1994, which indicated that at the next meeting, the Council will be able to review the results of the audit done by Diehl, Evans & Associates on Copley/Colony's rate regUlation filing. Due to the delay in supplying their records, copley/Colony has agreed to extend the review period. This included retroactively applying any subsequent rate reduction orders by the City Council that would have otherwise been appropriately applied at the March 14, 1994 publiC hearing. He mentioned that the FCC made a ruling on February 22, 1994, which has again changed the rules on rate regulation. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue the public hearing on basic tier rates to March 28, 1994 pursuant to 47 CFR section 76.933(cl and direct copley/colony Cablevision of cypress to keep an accurate account of all amounts received by reason of the basic tier rates and equipment and installation charges set forth in their Form 393. 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 stated that this item was a continuation from previous meetings discussing street sweeping rates and a possible amendment The staff report dated March 8, 1994 provided additional information from Huntington Beach and the cost of the replacement of street sweeping signs. Staff is requesting direction from Council on the frequency of street sweeping and then return at the next meeting with a Resolution. Responding to questions from council, the City Manager answered that one sweeper is sweeping the arterial highways which is a fUll time job and not being fOllowed by a police vehicle. The Finance Director advised that by sweeping the streets bi-weekly, less revenue will be realized. He also clarified that in the initial report that there were some alternatives to reduce the base rate for everybody in the City to $1.00 and the remainder would be prorated on frontage with the residences being $2.50 and the larger frontages escalating from that point as shown in Exhibit 1 of the attachments. After further discussion, Council member Age suggested street sweeping continue to be performed each week. It was moved by Councilmember Bowman and seconded by Council member Nicholson to continue street sweeping once a week, adopt Exhibit 1 as the new street sweeping 14 80 ~ CITY COUNCIL MINUTES March 14, 1994 fee schedule and exempt public bUildings from paying street sweeping fees. The motion unanimously carried by the following rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF THE DEMOLITION OF THE MULTI-PURPOSE BUILDING AT EUCALYPTUS PARK: It was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue this item to the Council meeting of March 28, 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 CONTINUATION OF CONSIDERATION OF AN EARLY RETIREMENT INCENTIVE PROGRAM: ADOPTION OF RESOLUTION JOINING THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS): AND EXECUTING NECESSARY DOCUMENTS ASSOCIATED WITH PARS; AND AUTHORIZING BUDGET APPROPRIATIONS: The Personnel Director reviewed the staff report dated March 11, 1994, which described the Council's authorization of an early retirement/separation incentive program for various eligible employees. There were originally 16 employees requesting the benefit; however, three employees declined to finalize the program documents for a lesser cost savings than stated earlier. To pay for the programs, staff recommended transferring general fund monies to be placed in a reserve account in the employee benefit fund. The benefits paid through the separation incentive program will be administered by the Imperial Trust company. It was moved by Nicholson and seconded by Councilmember Kerry to: 1. adopt the attached Resolution by title only, title as follows, joining the Public Agency Retirement System (PARS) Trust, adopting the Supplementary Retirement plan (SRP) and authorizing the City Manager to Execute Appropriate PARS Documents. RESOLUTION NO. 4285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS JOINING THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS), ADOPTING THE SUPPLEMENTARY RETIREMENT PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE APPROPRIATE PARS DOCUMENTS. 2. Approve a transfer from the General Fund of $575,466 to be placed in a special reserve account in the employee benefit fund for both the retirement incentive and separation incentive programs and authorize the City Manager to execute documents relating to the separation incentive, as noted herein. 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 REQUEST FOR THE INSTALLATION OF FLASHING BEACONS ON GATEWAY DRIVE. EAST OF VALLEY VIEW STREET: Councilmember Age stated she would abstain on this item. Councilmember Kerry suggested this item be postponed. It was moved by Council member Kerry and seconded by Council member Age to continue this item to the Council meeting of March 28, 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 CONSIDERATION OF ORANGE AVENUE SPECIFIC PLAN ALTERNATIVES: Councilmember Kerry asked if there was any reason this item couldn't be continued and made a motion to continue to March 28, 1994. The Planning Director stated that a continuation would put 15 - '" 81 CITY COUNCil MINUTES March 14, 1994 the planning consultants off their schedule. Councilmember Kerry cancelled her motion. Councilmember Bowman asked if Council could indicate they didn't have a problem with any of the three alternatives, because it would provide some flexibility to the developer. The planning Director advised that there is the option of a dual scenario. Council member Kerry expressed her opposition to Alternative C-3 as not being viable. The staff report dated March 7, 1994 described the results of the recent workshop sessions to pursue further studY of three major residential land use plan alternatives for the orange Avenue Specific Plan. Staff and the consultants have studied the three alternatives selected by Council and outlined their advantages and disadvantages. Responding to questions from Council, Associate Planner HOlly Hamlin explained that a disadvantage to Alternative B-5 is that depending on which property owner built first, the street might have to be developed incrementally. The whole project is phase- driven. Councilmember Bowman commented that he did not have a problem with more than one option, other than the C-3 alternative. Councilmember Age expressed her dislike for Alternative C-3. Council member Kerry remarked that the whole idea for the specific plan was to obtain some consistency and planning and if the property owners don't like the decision, they can come back to Council and ask for a change. Council members Age and Nicholson opted for Alternative A-2. It was moved by Council member Age and seconded by Councilmember NichOlson to approve Alternatives A-2 and B-5 as the preferred alternatives for preparation of the orange Avenue Specific Plan. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and Partin 1 COUNCILMEMBERS: Bowman o COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR POLICY DIRECTION REGARDING TEMPORARY WINDOW SIGNS: It was moved by Councilmember Kerry and seconded by Council member Nicholson to continue this item to the Council meeting of March 28, 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 COUNCllMEMBERS: None CONSIDERATION OF PERMIT ASSISTANCE CENTER AGREEMENT: The staff report dated February 7, 1994 indicated that the California Environmental Protection Agency (CaI/EPA) is establishing a series of business assistance centers in the state to help businesses overcome procedure-based regulatory barriers that inhibit economic growth. The City of cypress has been requested to enter into an agreement with the Orange county Permit Assistance Center. The purpose of the Center is to enable an applicant to obtain the proper information and possibly permits from all applicable agencies in the most expedient manner. It was moved by Councilmember Bowman and seconded by Council member Nicholson to authorize the Mayor to sign the Memorandum of Agreement for the Coordination of permitting between the State of California and the City of Cypress with the City retaining the authority to issue all permits. Prior to execution, the agreement is subject to review, modification and approval of the City Attorney. The permit Assistance Center will act as a one-stop information center for the City. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF REPLACEMENT OF NINETEEN (19) HANDHELD RADIOS: The staff report dated March 7, 1994 advised that the Cypress police Department has experienced numerous radio problems over the past five years. The Police Department is seeking the replacement of 19 handheld radios because of a lack of repair parts and the new 16 82 7 CITY COUNCil MINUTES March 14, 1994 technOlogy now present in modern communications equipment. The new radios will require new radio holders, spare batteries, earpiece adapters and chargers. It was moved by Councilmember Age and seconded by Councilmember Nicholson to authorize the Purchasing Officer to go out to competitive bid for an amount not to exceed $22,000 for 19 Motorola HT1000 handheld radios, 19 spare batteries, three six unit radio chargers, to signal unit rapid chargers, 19 earpiece adapters and 19 radio holders. 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 8892 - 9086: It was moved by Council member Nicholson and seconded by Councilmember Bowman to approve the Warrants No. 8892 through 9086 in the amount of $1,139,907.41. 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 Council meeting at 1:05 a.m. to allow the Council to act as the cypress Redevelopment Agency. The meeting reconvened at 1:15 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. NO one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. CLOSED SESSION: Mayor Partin recessed the meeting at 1:15 a.m. to enable he Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 1:3S a.m. with all Councilmembers present. ADJOURNMENT: Mayor Partin adjourned the meeting at 1 :35 a.m. to TUesday, March 22, 1994 at 6:00 p.m. in the Administrative Conference Room. ~d'#~ MAYOR OF T E CITY OF CYPRESS ATTEST: C1AJ~<<,i'~PRESS 17 )3 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 22, 1994 The Adjourned Regular Meeting of the Cypress City Council was called to order at 6:18 p.m., Tuesday, March 22, 1994, in the Administrative Conference Room, West Wing, Cypress Civic Center, 5275 Orange Avenue, Cypress, Mayor Richard Partin presiding. PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin ABSENT: None Also present were the City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, DeCarlo, Eynon, Storey and Wicker. ORAL COMMUNICATIONS: Police Chief Wicker briefed the Council on the results of a drug raid conducted on Lincoln Avenue on March 22, 1994. The Chief also briefed the Council on the gang shooting on Marcella Avenue, which had been reported by the press. CLOSED SESSION: At 7:05 p.m., Mayor Partin recessed the meeting to enable the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 10:30 p.m. with all Councilmembers present. ADJOURNMENT: Mayor Partin adjourned the meeting at 10:30 p.m. A1c1J 4UJ MAYOR OF THE CITY OF CYPRESS ATTEST: CITy4~~41~kY OF CYPRESS