Minutes 94-03-28
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 28, 1994
The Regular Meeting of the cypress City Council was called to order at 5:3S p.m.,
MOnday, March 28, 1994, in the Council Chamber, 5275 orange Avenue, cypress, Mayor
Richard Partin presiding.
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PRESENT:
ABSENT:
Councilmembers Age, Bowman, Kerry, Nicholson and partin
None
Also present were City Manager/City Clerk Darrell Essex and City Attorney John
cavanaugh and staff members Bacock, DeCarlo, Eynon, Munoz, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. NO one wished to speak.
CONSIDERATION OF RENEWAL OF CONTRACT FOR PROFESSIONAL BUILDING PLAN CHECK
SERVICES: The City Manager presented the staff report dated March 17, 1994, which
advised that the Community Development Department/Building Division had utilized the
services of Melad and Associates to provide complete building plan checking since April
1988. The fees charged by Melad and Associates will remain the same as the original
contract. The plan check review time for regular projects will be two weeks maximum,
except for extremely complex projects, which will have a plan checking time of three to
four weeks maximum.
It was moved by Councilmember Age and seconded by Council member Kerry to renew
the contract for professional building plan check services with Melad and Associates,
8907 Warner Avenue, Suite 161, Huntington Beach, CA 92647, for a one year period
ending March 28, 1995. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CONSIDERATION OF AWARD OF CONTRACT FOR PYROTECHNICS FOR THE 7TH ANNUAL MUl TI-
AGENCY FIREWORKS CELEBRATION: The City Manager summarized the staff report dated
March 21, 1994, which indicated that the City of cypress has again been asked to serve as
the contracting agent for a pyrotechnic firm. Contracted costs will be shared equally
with the participating cities of cypress, LOS Alamitos, the Rossmoor Community Services
District and possibly seal Beach. This year's celebration is scheduled for Monday, July 4.
The contractual agreement is identical to that provided in 1993. The City of cypress will
bill all participating agencies for their equal share of the 1994 fireworks display.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry that
the City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District, accept the San Diego Fireworks, Inc., P.O. Box 900186, San
Diego, CA 92190, as sole provider for the 1994 MUlti-Agency Fireworks Celebration in the
amount of $8,700. 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.
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Councilmember Age commented on Item No. 19, consideration of the Rotary Club of
cypress participation in the cypress Adopt-A-Park Program, and asked that the Rotary
Club be honored in the same manner as the Ramada Hotel when they adopted Veterans
Park.
Council member Bowman requested that Item No. 13, Consideration of Acceptance of
Removal of Street Trees, Removal and Replacement of Concrete Sidewalks, Curb and
Gutter, project No. 9260 and the Construction of Access Ramps on Various streets,
Project NO. 9212, be pulled. Councilmember Kerry asked that Items NO.8, 10 and 1S,
Consideration of Request from the Cypress Twirlers Square Dance Club to Use the City
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CITY COUNCIL MINUTES
March 28, 1994
Council Chamber Plaza Area, Consideration of Attendance to the league of California
Cities' Mayors and Council Members Institute Scheduled for May 11 -13,1994 and
Consideration of Adjustment in Street Sweeping Fees, respectively, be removed.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the Consent Calendar, Items NO.3 through 19, with the exception of Items 8,
10,13 and 15. 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 Regular Meeting of March 14,
1994 and the Adjourned Regular Meeting of March 22, 1994.
Recommendation: That the City Council approve the Minutes of March 14, 1994 and
March 22, 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 Sunday, April 3 Through Sunday, April 10, 1994,
as "Days of Remembrance of the Victims of the Holocaust."
Recommendation: That the Mayor and City Council officially proclaim April 3 - 10,1994,
as "Days of the Remembrance of the victims of the Holocaust."
Item NO.6: Consideration of an Application for an original Alcoholic Beverage license
Filed by Jesse J. Barragan, Alfonso L. Barragan, and patrick W. Hunt, D.B.A. Grazie
Ristorante, 10205 valley View street, Cypress.
Recommendation: That the City Council receive and file this application contingent
upon the approval/disapproval of Conditional Use Permit No. 94-7 by the City Council at
its meeting of March 28, 1994.
Item NO.7: Consideration of proclaiming April 17 - 23,1994, as "Volunteer Week" in the
City of cypress.
Recommendation: That the Mayor and City Council officially proclaim April 17 - 23,1994,
as "Volunteer Week" in the City of cypress.
Item NO.9: Consideration of Proclaiming April 17 - 23,1994, as "Week of the young
Child."
Recommendation: That the Mayor and City Council officially proclaim April 17 - 23, 1994,
as "Week of the Young Child" in the City of cypress as requested.
Item No. 11: Consideration of Monthly Investment program for the Month of February
1994.
Recommendation: Receive and file.
Item No. 12: Consideration of Proclaiming April 19, 1994, as "Youth Service Day" in the
City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim April 19, 1994, as
"Youth Service Day" in the City Of cypress.
Item No. 14: Consideration of Renewal of Non-Exclusive Taxicab Franchise - YellOW Cab
Company.
Recommendation: That the City Council authorize a one-year renewal of the non-
exclusive Taxicab Franchise issued to the Yellow Cab Company.
Item No. 16: Consideration of Design Review Committee No. 94-4, Office and Warehouse
BUilding, 6090 Phyllis Drive.
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CITY COUNCIL MINUTES
March 28, 1994
Recommendation: That the City Council: 1) Approve the finding of de minimis impact
in accordance with the requirements of the Department of Fish and Game; and 2)
Approve Design Review Committee NO. 94-4, subject to the conditions in Exhibit "A"
attached to the staff report.
Item NO. 17: Consideration of Design Review Committee No. 94-5, Office and Warehouse
Building, 11110 S. Hope Street.
Recommendation: That City Council: 1) Approve the finding of de minimis impact in
accordance with the requirements of the California Environmental Quality Act; and 2)
Approve Design Review Committee No. 94-5, SUbject to the conditions in Exhibit "A"
attached to the staff report.
Item No. 18: Consideration of Approval of Building Permit Conditions for Mary Kay
Building.
Recommendation: That the City Council review and approve the conditions as proposed
in Exhibit "A" of the staff report.
Recreation & Park District Matters:
Item No. 19: Consideration of the Rotary Club of cypress Participation in the Cypress
Adopt-A-Park Program.
Recommendation: That the City council, acting as the ex officio governing Board of
Directors for the cypress Recreation and park District, approve the Cypress Adopt-A-Park
program's newest participant, Rotary Club of Cypress as an adopter of Darrell Essex Park,
subject to approval of liability issues with the City Attorney.
END OF CONSENT CALENDAR
In regard to Item NO.8, Council member Kerry mentioned that one of the dates
requested for the cypress Twirlers square Dance Club happens to be one of the same
days as the St. Irenaeus Festival and expressed concern about the parking and traffic.
Councilmember Nicholson suggested that a letter be sent to the Twirlers, aSking them to
park across the street and to check with st. Irenaeus in the future as to their festival
dates.
It was moved by Councilmember Nicholson and seconded by Council member Kerry to
approve the request of the cypress Twirlers square Dance Club for use of the City
Council Chamber plaza area on June 2S, July 23 and August 27,1994, from 7:00 p.m. to
11:30 p.m., subject to the condition that the organization be required to pay for any
additional costs incurred in providing maintenance and utility services. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Regarding Item No. 10, Council member Kerry asked that the Council consider not
approving attendance to the League of California Cities' Mayors and Councilmembers
Institute because of budget constraints or set a maximum number of attenders.
Council member Bowman disagreed.
After some discussion, Councilmember Nicholson remarked that it didn't sound as if all
Councilmembers would be attending the institute.
It was moved by Councilmember Kerry and seconded by Council member Nicholson that
the attendance to the League of Cities' Mayors and Councilmembers Institute be limited
to three attenders. The motion failed by the following roll call vote:
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS: Kerry and Nicholson
3 COUNCILMEMBERS: Age, Bowman and partin
o COUNCILMEMBERS: None
It was moved by Councilmember Bowman and seconded by Councilmember Age to
authorize the attendance of any interested Council Member to the League of California
Cities' Mayors and Council Members Institute, to be held on May 11 - 13, 1994, in
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CITY COUNCIL MINUTES
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March 28, 1994
sacramento, and be reimbursed for all actual and necessary expenses incurred. The
motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Bowman, Nicholson and partin
1 COUNCllMEMBERS: Kerry
o COUNCILMEMBERS: None
With regard to Item No. 13, the Acting City Engineer responded to Council member
Bowman who had asked that this item be continued from the March 14 meeting. He
stated that there were two contracts: one for the contractor for tree removal and
replacement of concrete sidewalks, curb and gutter and the other contract was with
Norris-Repke, the consultant who provided the construction management and
inspection for the jobs. The increase in contract price was compensation for the time
that the consultant incurred in addition to the contract for inspections and
construction management due to Contract Change Order NO.2.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to: 1) Accept the work of the Removal of Street Trees, Removal and Replacement of
concrete Sidewalks, Curb and Gutter, project NO. 9260, and the Construction of Access
Ramps on Various streets, Project No. 9212, as being satisfactorily completed in
conformance with the Plans and specifications; 2) approve the final retention payment
to Advanced construction, 923 20th street, Santa Monica, CA 90403, 30 days after the
Notice of Completion is filed; and 3) authorize the City Clerk to release the Labor and
Material Bond upon expiration of the required lien period, if no claims or objections
have been filed, and to release the Faithful Performance Bond upon the expiration of
the one year's guarantee, upon the Director of Public Works' concurrence. 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 Item No. 15, Council member Kerry commented that she believed the Council
had agreed to exempt "public schools or public-funded entities" rather than just saying
"governments and schools are exempt from these fees." The City Attorney would make
that change.
It was moved by Councilmember Kerry and seconded by Council member Age to adopt
the Resolution, as amended, by title only, title as follows, establishing certain fees for
street sweeping services.
RESOLUTION NO. 4286
A RESOLUTION OF THE CITY COUNCIL OF CYPRESS ESTABLISHING CERTAIN FEES FOR
STREET SWEEPING SERVICES.
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 Council member Bowman and seconded by Councilmember Nicholson
to adopt the Resolution by title only, title as follOWS, approving CUP No. 93-12, with
conditions.
RESOLUTION NO. 4287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 93-12 - WITH CONDITIONS (OUTDOOR SWAP MEET (MARKED, 5303
KATELLA AVENUE).
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
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CITY COUNCil MINUTES
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It was moved by Councilmember Nicholson and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving Amendment to the Specific
Plan #89-1.
RESOlUTION NO. 4288
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF CYPRESS APPROVING AMENDMENT
TO THE SPECIFIC PLAN #89-1, CYPRESS BUSINESS AND PROFESSIONAL CENTER.
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
Council member Kerry asked that each booth operator at the swap Meet have a business
license and contribute to the sales tax revenue.
The Finance Director explained that the current business license code indicates that for
swap meets there is an option of paying $20 a day up to $1,000 or $.26 per thousand
dollars of sales for a business license. To eliminate the option would require a code
amendment. He mentioned that there are some additional options and he could return
to the next Council meeting with suggested changes on the business licensing.
There was discussion on operators of swap meets paying sales tax. Councilmember
Bowman suggested that the code be amended and the City Attorney would provide
that language. The City Manager reported that there is a record of names kept of the
swap meet space lessees. Councilmembers Kerry and Nicholson suggested contacting
Costa Mesa.
It was moved by Councilmember Bowman and seconded by Council member Age to
adopt the Resolution by title onlY, title as follows, approving CUP No. 94-4.
RESOLUTION NO. 4289
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 94-4 - WITH CONDITIONS (LOS RIOS RESTAURANT AND NIGHTCLUB, 6197
BALL ROADl.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving CUP No. 94-S.
RESOLUTION NO. 4290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 94-5 - WITH CONDITIONS (PUMP STATION, SOUTHEAST CORNER OF
DENNI STREET AND AVENIDA GRANADA),
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 6:00 p.m. to allow the Council to
enter into Closed Session to discuss matters of personnel and litigation. The meeting
reconvened at 7:45 p.m. with all Councilmembers present. Also present were the City
Manager/City Clerk, City Attorney John cavanaugh and staff members Bacock, Decarlo,
Eynon, Munoz, storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry.
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CITY COUNCil MINUTES
March 28, 1994
PRESENTATIONS:
Mayor Partin read and presented a Resolution of Commendation to Mr. Louis M. Weiser.
Names were read by the Mayor of the members of Fire Stations No. 12 and No. 17 who
were present to receive Mayor's Proclamations. The personnel Director introduced to
the audience members of the Fire Services Task Force.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. No one wished to
speak.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
spoke.
The City Manager summarized the actions taken by the City Council during the 5:30 p.m.
portion of the March 28, 1994 agenda.
The City Attorney reviewed discussions held during Closed Session on: a personnel
matter involving the appointment process of a new Public Works Director and an item
which the Council determined, on advice given by the City Attorney, to be 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: Mayor Partin declared the public hearing open. The City Manager asked the
Planning Director to summarize the staff report dated March 7, 1994, which requested
direction from the City Council on the feasibility of adopting a second unit ordinance.
The ordinance could designate the areas in which second units would be permitted and
established development standards and criteria for the addition of second units. The
State had established Second Unit and Granny Unit criteria that must be adhered to
when cities have no adopted Second Unit provisions. State law also contains provisions
that allow a city to adopt its own second unit ordinance. Three options were available
to address second unit applications: one, continued utilization of the State's criteria for
the review and approval of second units; second, adoption of a second unit and/or
granny housing ordinance; and three, continued function under the State law criteria,
however, staff would monitor applications. Staff is requesting Council direction to
choose one of the three options identified in the staff report.
Responding to Council member Age, Mike Thiele, Planning consultant, answered that the
conditions or amenities that would apply to a second unit would be found under local
building codes. A second unit does allow kitchen facilities, so it is a free-standing unit.
Councilmember Bowman asked how second units would be monitored, should the
property be sold. The Planning Director stated that deed restrictions would be made.
After some discussion, the City Attorney clarified that the difference between the City
being able to adopt an ordinance with State law is that law states that granny or second
units cannot be precluded entirely. Adopting a City ordinance would encompass a large
portion of the State law but the City is given some leeway as to parking and some other
areas that may be tailored to the community.
Mayor Partin asked if anyone wished to speak in support of or in opposition to
Amendment No. 93-S to the Zoning Ordinance. No one spoke.
Council member Age stated she would consider adopting option 2 and the remainder of
the Council concurred. The Council proceeded through the issues that needed to be
considered. They are as follows: 1) The second units should be limited to certain areas
of the community; 2) Second units could be attached or detached. At this point,
Council member Kerry asked if the parking should be controlled by requiring garages
and direction was given to staff for stUdy. continuing with the issues: 3) The
orientation of the entrance to a second unit would depend on the design of the house
and the lot; 4) staff will stUdy the difference between single and multi-family zoning to
determine if second units will be restricted to require property owners to live onsite; 5)
The onsite parking criteria was addressed under Item NO.2.
It was moved by Councilmember Age and seconded by Councilmember Bowman to close
the pUblic hearing and direct staff to prepare a City Ordinance regulating second units
for City Council review and consideration. The motion unanimously carried by the
following roll call vote:
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CITY COUNCIL MINUTES
AYES:
NOES:
ABSENT:
March 28, 1994
5 COUNCllMEMBERS: 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. ESTABLISHING REQUIREMENTS AND PROCEDURES FOR SINGLE ROOM OCCUPANCY
DEVELOPMENTS: The staff report dated March 23, 1994 requested a continuation of the
public hearing on Zoning Ordinance Amendment No. 93-7.
It was moved by Councilmember Kerry and seconded by Councilmember NichOlson to
continue this item to the April 11, 1994 City Council meeting. 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
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING
ORDINANCE NO. 94-1. AMENDING SECTION 18.3 OF THE CYPRESS ZONING CODE EXTENDING THE
TWENTY (2m DAY DESIGN REVIEW APPROVAL REQUIREMENT FOR FORTY-FIVE (45) DAYS: The
staff report dated March 22, 1994 requested that this item be continued in order to
allow time for staff to make the necessary modifications to the ordinance as
recommended by the City Council.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
continue this matter to the April 11, 1994 City Council meeting. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: REGULATION OF BASIC RATES FOR
COPLEY/COLONY CABLEVISION OF CYPRESS CABLE SERVICES: The staff report dated March
23, 1994 revealed that the City Attorney's office had asked for a continuance of this
matter in order to finalize the audit report.
It was moved by Council member Bowman and seconded by Council member Age to
continue this Public Hearing to the City Council meeting of April 25, 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 PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-5.
ADDITION TO TARGET STORE STOCK ROOM AND CHANGE OF FENCING MATERIAL IN GARDEN
CENTER AT 6843 KATELLA AVENUE: The Public Hearing was opened by Mayor Partin. The
Planning Director summarized the staff report dated March 18, 1994, which represented
a request to construct a 3,128 square-foot building addition, for stock room use, onto an
existing retail commercial building. Although the original application and public hearing
notice also include a request to change the fencing material surrounding the Garden
Center portion of the store, the applicant has since decided against that change. The
SUbject property is located at 6843 Katella Avenue. In accordance with the California
Environmental Quality Act, this project has been determined to be categorically exempt
and a Notice of Exemption will be filed for this project upon City Council approval. The
cypress zoning Ordinance states that any alteration or expansion of a pre-existing
conditional use, exceeding $2,500 in value, shall be permitted only upon the granting of
a use permit. Therefore, an amendment to Conditional use permit No. 84-5 is required
to allow the addition to the existing Target Store building. The proposed location of
the building addition is between the garden center and truck bay areas at the
northwest portion of the existing structure. No existing parking spaces will be displaced
as a result of the proposed building addition. Notices of this pUblic hearing were
posted, published and mailed to all property owners within 300 feet of the subject
parcel. TO date, staff has not received any communication regarding the proposed
project.
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CITY COUNCil MINUTES
March 28, 1994
The applicant, Allen Hibbs, architect representing Dan L. Rowland & Associates, AlA, Inc.,
1290 North Hancock St., Suite 204, Anaheim, advised that the project is a modernization
of the store which will give them the ability to enhance sales and also is the first phase
of a modernization of the interior of the Target store.
NO one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to close the pUblic hearing and approve the Amendment to Conditional Use Permit No.
84-S, subject to conditions in Exhibit "A." 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-6 AND VARIANCE
NO. 94-1. UNMANNED CELLULAR TELEPHONE FACILITY. 8921 ELECTRIC STREET: The public
hearing was opened by Mayor Partin. The Planning Director summarized the staff
report dated February 24, 1994, which represented a request to construct an unmanned
cellular telephone facility, consisting of a sixtY-five foot 165') high steel monopole with
three cellular antenna arrays, three Whip antennas, three microwave dishes and one 12'
x 30' mechanical equipment building. The subject lease area is located on the rear
portion of the property at 8921 Electric Street. A variance is also proposed to: 1) allow
an antenna higher than the 35 feet height limit in the ML Industrial Light zone; and 2)
allow an antenna or support structure closer than 10 feet to any other structure. In
accordance with the California Environmental Quality Act, a Negative Declaration will be
filed for this project. The applicant, pacTel cellular, proposes to install, operate and
maintain an unmanned cellular telephone facility at the subject site. The Planning
Director clarified that the overall height is 65 feet, but with the whip antennas it will not
exceed 76 feet. Staff is proposing that three mature palm trees, at least 30 feet in
height will be provided by the applicant. Notices of this public hearing were posted,
published and mailed to all property owners within 300 feet of the subject parcel. To
date, staff has not received any communication regarding the proposed project. Due to
the Public Utility commission'S preemption regulations and the applicants efforts to
find an appropriate site, staff feels the subject site is appropriate for the proposed
pacTel Cellular telephone facility. Staff considers the proposed use to be compatible
with surrounding industrial types of uses in the ML Industrial Light Zone. The proposed
use is a low intensity use which will not create additional traffic or parking demands
onsite or in the vicinity. In addition, all possible aesthetic treatments have been
incorporated into the design of the facility. Staff also feels the required findings can be
made to justify the proposed variance from height and setback requirements of the
cypress zoning Ordinance. In conclusion, staff feels the proposed project, as
conditioned, is consistent with surrounding development, with the Lincoln Avenue
Redevelopment Plan and with City Codes and policies.
Mr. John Bitterly, project representative for PacTel cellular, P.O. Box 19707, Irvine,
clarified the actual design and height of the monopole will be 60 feet as opposed to the
65 feet mentioned in the staff report. The antennas at the top will generally be the
same size as those existing on the L.A. Cellular pole. The difference in the two facilities
is the whip antennas and they are requesting three Whip antennas. Mr. Bitterly
presented a document that consisted of a three-page memo to which was attached a
wind velocity report. He then referred to Condition No. 12 in the Conditions of
Approval, which addressed ADA regUlations and asked that it be deleted.
Council member Bowman asked the City Attorney the City's legal position.
Regarding Condition NO. 16, he asked that it be modified to include the words, "cable
bridge" added to "".enclosed in the building, cable bridge or buried underground",," He
asked that Condition NO. 34 also be deleted. FinallY, he requested a modification of
Condition No. 40 to "five" years rather than "three" years and add to the condition that
PacTel be noticed of the periodic reviews.
Responding to Council member Age as to the term of the lease, Mr. Bitterly replied that
it was a 1 S year lease.
The City Attorney stated that, based upon his review and the information presented in
the memorandum, he would agree that Condition NO. 12 would not be necessary for
this project.
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CITY COUNCil MINUTES
March 28, 1994
Council member Age asked the applicant to explain a "cable bridge." The Planning
Director would modify the condition to include Design Review approval of the cable
bridge. She indicated that the Building Official does want to have a wind velocity test.
Council member Bowman stated that the periodic review be conducted every three
years so Condition No. 40 is to remain unchanged. The Planning Director did not want
the City to have to notify the applicant of an impending review. The applicant needs to
monitor their facility.
Mayor partin asked if anyone in the audience wanted to speak about the application and
no one spoke.
It was moved the Councilmember Bowman and seconded by Councilmember Age to
close the public hearing; 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; and approve Conditional Use Permit No. 94-6 and Variance No. 94-1, sUbject
to conditions listed in Exhibit "A." The motion unanimously carried by the fOllowing roll
call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCllMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-7. ADDITION OF
PATIO DINING AREA AND SALE OF ON SITE BEER AND WINE TO RESTAURANT. 10205 VALLEY
VIEW STREET: The public hearing was declared open by Mayor Partin. The City Manager
called upon the Planning Director to present the staff report dated March 17, 1994. The
application represented a request to add an outdoor patio dining area and the sale of
onsite beer and wine at the restaurant. The application also included a request to add
brick treatment to the north facade of the building. The existing building is located at
1020S valley View Street. In accordance with the California Environmental Quality Act,
this project has been determined to be categorically Exempt, Class 1, as a minor
extension to an existing structure. A Notice of Exemption will be filed for this project
upon City Council approval. The applicants propose to operate an Italian restaurant with
the onsite sale of beer and wine to compliment the meal menu. The proposed
restaurant is designed for' family dining and does not include a liquor bar. Notices of
this public hearing were posted, published and mailed to all property owners within 300
feet of the SUbject parcel. To date, staff has not received any communication regarding
the proposed project.
Mr. Jesse Barragan, 6334 Marina Pacifica Dr., Long Beach, volunteered to answer
questions from the Council and stated he was happy to be a part of the City.
No one wished to speak for or against the application.
It was moved by Councilmember Kerry and seconded by Council member Nicholson to
approve Conditional Use Permit NO. 94-7, subject to the conditions in Exhibit "A." The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
o COUNCILMEMBERS:
o COUNCILMEMBERS:
Age, Bowman, Kerry, Nicholson and partin
None
None
CONTINUATION OF CONSIDERATION OF A FARM ANIMAL OVERLAY ZONE SURVEY: The Planning
Director reviewed the staff report dated March 22, 1994 which mentioned the City
Council review of a staff report requesting authorization to send an updated survey to
property owners in the Farm Animal Overlay Zone. The purpose of the survey would be
to obtain a comprehensive baseline of information regarding the number and type of
animals in the area. She requested Council's authorization to mail out the survey as time
permits. She mentioned two major impacts: 1) staff does not have the baseline now
for any code enforcement issues and 2) as development accelerates, it will be a major
issue.
Council member Age expressed a desire to proceed with the Farm Animal Overlay zone
survey because it isn't that costly. The Planning Director assured Council that this
project will be prioritized in relation to all other Planning projects.
9
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93
CITY COUNCIL MINUTES
March 28, 1994
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
direct staff to begin mailing survey forms to property owners in the Farm Animal
Overlay Zone as time permits. 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 THE DEMOLITION OF THE MULTI-PURPOSE BUILDING AT
EUCALYPTUS PARK: The Planning Director summarized the staff report dated March 2,
1994, addressing the demolition of the multi-purpose building at Eucalyptus Park. Staff
has been soliciting bids for existing asbestos removal, which was established in a study
by Hillmann Environmental of california, Inc., dated June 29, 1990 and demolition of the
building. Two bidders have provided proposals for the demolition of the building only.
The third and lowest bidder, penhall Company, failed to submit a written bid. The
contract will then be awarded to Glenn F. Barton and monetary corrections in the
amount of $158 were made to staff's recommendation. Three contractors have
submitted proposals for asbestos removal only.
Council member Bowman was in favor of demolishing the existing structure and
rebuilding a new restroom/storage facility at an estimated cost of $49,500.
Council member Kerry suggested that the rebuilding of the structure needed to be
considered further and perhaps this area should be contracted so the restrooms would
not need to be rebuilt.
The Building Official advised the main reason this avenue was chosen was because if the
building is demolished, it doesn't leave a restroom facility or a maintenance storage
facility. Councilmember Kerry had no problem with the demolition but had some
reservations on rebuilding.
It was moved by Councilmember Kerry and seconded by Councilmember Age to
authorize the: 1) appropriation of $11,658 from the Fund Balance of the General Fund
to Account No. 4186-11-230-08: 2) selection of CST Environmental, Inc. for Eucalyptus Park
building asbestos removal contract in the amount of $42,000; and 3) selection of Glenn F.
Barton, 20963 Lamberton Avenue, Long Beach, CA 90810 for the Eucalyptus Park Building
demolition contract in the amount of $9,658. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, NichOlson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF REQUEST FOR THE INSTALLATION OF FLASHING
BEACONS ON GATEWAY DRIVE. EAST OF VALLEY VIEW STREET: Councilmember Age stated
she would be abstaining on this issue as she is an employee of the Bank of America and
she left the dais. The Acting City Engineer presented the staff report dated March 3,
1994, which was continued from the meeting of March 14, 1994. The Traffic Commission
had discussed a request for the installation of flashing beacons on Gateway Drive, east
of valley View Street made by Warland Investments on behalf of their tenant, the Bank
of America. Warland Investments agreed to reimburse the City for the installation of
the flashing beacons. During the discussion at the Traffic Commission meeting
regarding cost for the energy and maintenance of these beacons, the Commission
recommended that the two flashing beacons be installed, if the energy and
maintenance costs were also borne by warland Investment company. After a meeting
with the warland representatives, they were willing to pay for the installation cost but
did not agree to fund the additional energy and maintenance costs; therefore, staff is
requesting City Council direction.
After some discussion, it was moved by Councilmember Bowman and to concur with the
recommendation of the Traffic Commission for the installation of two flashing beacons
on Gateway Drive, east of valley View street, with the installation, energy and
maintenance costs to be paid by the warland Company. Councilmember Kerry asked if
Council member Bowman would amend his motion to include any cost of removal of the
flashing beacons also be borne by the Warland company. Councilmember Bowman
concurred and Council member Kerry seconded the motion. The motion carried by the
following roll call vote:
10
94
CITY COUNCIL MINUTES
March 28, 1994
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and partin
o COUNCllMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONTINUATION OF CONSIDERATION OF A REQUEST FOR POLICY DIRECTION REGARDING
TEMPORARY WINDOW SIGNS: The City Manager remarked that this Planning issue was
continued to this meeting and he asked the Planning Director to summarize the report
dated March 1, 1994. Previously, Council had directed staff to review the criteria
regulating temporary window signs and had expressed a concern for the safety and
security of patrons and owners of mini-market type businesses as a result of the
proliferation of window signs. Based on business license information, it was clear that
the Lincoln Avenue Corridor was a potential area to begin addressing the issue of
temporary sign proliferation. She provided a comparison between the current and
proposed sign ordinance, which addressed temporary signs. The cypress Police
Department provided their views and recommendation on creating a safer working
environment for business owners and customers.
In response to Council direction, staff requested that the City Council provide policy
direction regarding Temporary Signage in the City. upon receipt of pOlicy direction,
staff will implement said policy or return to Council with a proposed draft.
Responding to Councilmember Age on where the most police calls are received, the
Chief responded that businesses on Lincoln Avenue have been targeted for robbery and
burglary and that kind of window signage does detract from a safe environment for the
business. Council member Kerry commented that from a security standpoint, it
appeared that there should be window area where some visibility into the interior of
the business is possible.
Responding to Council member Bowman's question on regulating signs of other types of
businesses, the City Attorney replied that if the City takes a proactive stance, they would
be expected to monitor those types of businesses as well and target different areas to
achieve policy set by the Council.
Council member Nicholson stated Council should be working to prevent criminal activity
and a prime target area is Lincoln Avenue. She mentioned that her concern was with
signs covering the window and she asked the City Attorney if the "not to exceed 10% of
window area" could be enforced. The City Attorney, responded, for the record, that
Council is making a finding to concentrate on enforcing the part of the ordinance
dealing with coverage. The purpose is that it is an effort to reduce possible criminal
activity within those commercial establishments. There has been a determination made
that Lincoln Avenue happens to be an area where there is a concentration of those
commercial establishments with a high concentration of window signage, then council
can determine that is the area to be targeted.
After additional discussion, the Planning Director asked to put the POliCY discussion into
writing, return to Council and have them act on a specific policy.
The City Manager expressed concern about singling out a specific area because Lincoln
Avenue is sensitive because it is in the redevelopment area. He suggested doing the
entire community.
Council member Bowman suggested some visual aids, with scale drawings, showing 10%
of a window. A sign ordinance is not a simple issue and the business community will be
complaining.
After some discussion, Councilmember Age asked about the slides that the Sign
Consultant had shown. The Planning Director would obtain the slides from the
consultant and provide a presentation at the next meeting.
With further discussion, Councilmember Nicholson stated that a few window signs are
fine, but it is the excessive coverage of window space with signs. The City has a sign
ordinance, if people are abusing it, something should be done. She requested staff
return to Council with some pictures.
The planning Director clarified that the direction from Council was to return with a slide
presentation of the mini-markets and liquor stores window signs at the meeting of May
9, 1994.
11
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~ . <) 5
CITY COUNCIL MINUTES
March 28, 1994
Councilmember Bowman suggested that a scale drawing be done to demonstrate 10%
of the window area.
Councilmember Kerry asked the Police Chief to give advice as to what he feels would be
an appropriate level of coverage.
Council member Age asked for scale drawings on 10%, 25%, etc., so Council has an idea
of the differences in coverage of window area.
CONSIDERATION OF WAIVER OF SPECIFIC PLAN REQUIREMENTS TO ESTABLISH A TEMPORARY
SCHOOL FACILITY AND SPORTS FIELDS. SOUTHWEST CORNER OF WALKER STREET AND CERRITOS
AVENUE: The Planning Director reviewed the staff report dated March 25, 1994, which
considered a request to waive Specific Plan requirements to establish a modular school
facility and practice sports fields at the southwest corner of Cerritos Avenue and Walker
Street. Following preliminary review of the Specific Plan and related planning
documents, staff notified Brethren Christian School that the modular school concept
plan is not consistent with the goals and policies of the specific Plan, nor is there a
provision for consideration of temporary school facilities. Staff informed Brethren
Christian that to accommodate their request, a Specific Plan amendment would have to
be requested and authorized for processing by the City Council. Brethren Christian
School submitted a letter asking that the City Council waive compliance with the Specific
Plan requirements. The Planning Director summarized the issues that were identified by
staff regarding Brethren Christian School's request. Staff had indicated to Brethren
Christian School that fOllowing a preliminary review, the applicable codes and regUlatory
documents do not allow for their request as proposed.
There was discussion on the PS zoning and the Planning Director clarified that churches
are allowed in the PS zone, so it is not a question of amending the PS zoning. The issue
is the speCific plan with goals and policies that are clearly directed at Business Park uses.
She asked the Council to provide direction if they wished staff to make modifications to
allow church/school uses.
The City Attorney stated that this is a much more complicated issue, this is only a
consideration of a request and the steps required to accomplish that request.
Councilmembers Nicholson and Age commented that they would not be in favor of
conSidering this request.
The City Attorney advised that there might be a focus on the Nazarene Church property
for a particular use and the steps that may have to be taken to allow for that use may
open the door for the move to another property where normally they would not be
allowed if changes had not been made to the Specific Plan amendment.
Councilmember Bowman suggested that the letter's request be considered and he
moved that staff be directed to notify Brethren Christian that City Council doesn't
believe that a modular school facility and practice sports fields would be an appropriate
use for the property as suggested in their letter. Councilmember Age seconded the
motion. Council member Kerry expressed her opposition to the motion and believed
Brethren should be allowed some type of a temporary use.
After additional discussion, Councilmember Bowman called for the question. The
motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
1 COUNCILMEMBERS: Kerry
o COUNCILMEMBERS: None
Mr. Dennis Brown, President and Superintendent of Brethren Christian schools, stated
they are in a position where they have outgrown their present facility and something
needs to be done. They have researched every possible site within Cypress because
they need to relocate the junior high school. He expressed confusion because he
thought any problem was resolved when the Nazarene Church had already identified
that property, purchased it and Brethren would only be doing what they had planned
to do originally, which was to move their church and school there.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 9087 -
9261: It was moved by Council member Age and seconded by Councilmember Nicholson
to approve the Warrants No. 9087 through 9261 in the amount of $726,03S.06. The
motion unanimously carried by the following roll call vote:
12
to
96
CITY COUNCIL MINUTES
March 28, 1994
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Partin recessed the meeting at 10:35 p.m. to enable the Council to act as
the cypress Redevelopment Agency. The meeting reconvened at 10:36 p.m. with all
Councilmembers present.
CLOSED SESSION: The meeting was immediately recessed into a Closed Session for
discussion of personnel matters. The meeting reconvened at 11:05 p.m. with all
Council members present.
ADJOURNMENT: Mayor Partin adjourned the meeting at 11:05 p.m. to 6:00 p.m., MOnday,
April 4, 1994 in the Administrative Conference Room.
dU-I ~~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
~~~,
CITY ER 0 T E ITY F CYPRESS
13
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 4, 1994
The Adjourned Regular Meeting of the Cypress City Council was called to order at 6:10 p.m., Monday,
April 4, 1994, in the Administrative Conference Room, West Wing, Cypress Civic Center, 5275 Orange
Avenue, Cypress, Mayor Richard Partin presiding.
PRESENT:
ABSENT:
Councilmembers Age, Bowman, Kerry, Nicholson and Partin
None
Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanau9h, Finance
Director Richard Storey and Personnel Director Gary Bacock.
ORAL COMMUNICATIONS: No one wished to speak.
CONSIDERATION OF URGENCY ORDINANCE ESTABLISHING A TRAFFIC IMPROVEMENT FEE:
The City Manager presented the staff report dated March 30, 1994 with the Interim Ordinance attached
establishing traffic improvement fees for new developments within the City.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to order the
following Ordinance read by title only, title as follows and to adopt the Ordinance establishing traffic
improvement fees.
ORDINANCE NO. 912
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ESTABLISHING A TRAFFIC IMPROVEMENT FEE FOR NEW
DEVELOPMENT/REDEVELOPMENTS WITHIN THE CITY OF CYPRESS AND DECLARING
THE URGENCY THEREOF.
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
WORKSHOP ON NEW PROVISIONS OF THE BROWN ACT: The City Attorney reviewed a
memorandum regarding the new provisions of the Brown Act, which took effect as of April 1, 1994.
Following discussion of the Brown Act, Council recessed into Closed Session.
CLOSED SESSION: Mayor Partin recessed the meeting at 7:00 p.m. to allow the Council to enter into
a Closed Session to discuss personnel issues and labor negotiations. Council reconvened at 8:35
p.m. with all Council members present
Council discussed the need to conduct a redevelopment marketing program issue at a workshop
session.
ADJOURNMENT: It was moved by Councilmember Bowman and seconded by Councilmember Age to
adjourn the meeting to 4:30 p.m., Monday, April 11, 1994 in the Administrative Conference Room and,
hearing no objection. Mayor Partin adjourned the meeting at 8:40 p. m.
df~~,p~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
OF CYPRESS