Minutes 94-04-25
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 2S, 1994
The Regular Meeting of the cypress City Council was called to order at 5:35 p.m.,
Monday, April 25, 1994, in the Council Chamber, 5275 orange Avenue, cypress, Mayor
Richard Partin presiding.
PRESENT: Council members Age, Bowman, Kerry, Nicholson and Partin
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh
and staff members Bacock, Christoffels, Eynon, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
Mr. Carl Newton, Burke, Williams & sorensen, 611 W. 6th street, Los Angeles, the City's law
firm, asked the Council if they had received the communication that he had transmitted
via the FAX. He had sufficient copies with him to submit to the Council and he would
appreciate an opportunity to discuss the matter of the City Attorney's contract during
Closed Session.
Mr. Joel vest, 171 Fairhaven Lane, Costa Mesa, was present to represent the PSTA carnival
at Cypress High School and he volunteered to answer any questions Council might have.
CONSIDERATION OF RENEWAL OF CONTRACT FOR PUBLIC WORKS UNIFORM SUPPLY AND
MAINTENANCE: The Public Works Director presented the staff report dated April 13,
1994, which indicated that the City had contracted with Prudential Overall Supply for
several years to furnish and maintain Public Works uniforms. The current contract will
expire on April 30, 1994 and Prudential has offered to renew the contract for an
additional two year period with a minor adjustment in their prices. The net increase in
pricing structure is $1.80 per week along with a proposed environmental fee of 4.9%.
It was moved by Council member Nicholson and seconded by Councilmember Bowman
to authorize renewal of a purchase contract to supply and maintain uniforms and
certain maintenance supplies to Prudential Overall Supply, 16901 Aston street, P.O. Box
11210, Santa Ana, CA 92711 for a two year period, ending April 30, 1996, at a price not to
exceed $39,000.00. 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 CONTINUATION OF SUPPLEMENTAL PLAN REVIEW SERVICES: The Planning
Director summarized the staff report dated April S, 1994, which described the contract
with Willdan Associates for supplemental structural plan review services. Willdan
Associates had agreed that the original compensation rate of 75% of the plan review
fee collected by the City is still acceptable. Because of the difficulty in prOjecting the
City'S future plan review needs, it was recommended that the existing agreement with
Willdan Associates be extended for a one year period.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to authorize the extension of the contract with Willdan Associates, 12900 Crossroads
Parkway South, Suite 200, Industry, CA 92746, for supplemental structural plan review
services on an as-needed basis for a one year period, expiring on April 25, 1995, at the
existing rate of compensation. 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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CITY COUNCIL MINUTES
April 2S, 1994
The following Items were requested to be removed from the Consent Calendar for
further discussion: Item No. 10 by Council member Age; Item No. 12 by Councilmember
Nicholson; Item No. 13 by Council member Kerry; Item NO.7 by the City Manager and
Item No. 17 by the personnel Director.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the Consent Calendar Items No.3 throUgh 17 with the exception of Items 7,
10,12,13 and 17. 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 Meeting of
April 4, 1994 and the Regular Meeting of April 11, 1994.
Recommendation: That the City Council approve the Minutes of APril 4, 1994 and April
11,1994, 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 May 1994, as "Older Americans Month."
Recommendation: That the Mayor and City Council officially proclaim May 1994, as
"Older Americans Month" in the City of Cypress.
Item No.6: Consideration of Adoption of Resolution Commending Eagle Scout Aaron
Brian creager.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Eagle Scout Aaron Brian creager.
RESOLUTION NO. 4298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT AARON BRIAN CREAGER ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No.8: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Juan Garcia, D.B.A. Los Rios Restaurant and Nightclub, 6197 Ball Road, cypress.
Recommendation: Receive and file.
Item No.9: Consideration of Adoption of an Ordinance Relating to the Composition of
the Cultural Arts Commission
Recommendation: That the City Council approve the first reading of the ordinance by
title only, title as follows, amending the composition of the Cultural Arts Commission to
seven members.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
SECTION 2-29 OF THE CYPRESS CITY CODE, RELATING TO THE COMPOSITION OF THE
CULTURAL ARTS COMMIS510N.
Item No. 11: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Hasahide and Masami Naya, D.B.A. Echizen, 9111 valley View, #113, Cypress.
Recommendation: Receive and file.
Item No. 14: Consideration of a Resolution Making Certain Findings in Connection With a
Disability Retirement APplication Filed by Sandra D. Stanton.
Recommendation: That the City Council adopt the Resolution by title only, title as
fOllOWS, setting forth the approval of the compromise and Release by the Workers
compensation Appeals Board, the signed General Agreement and General Release of All
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CITY COUNCIL MINUTES
April 25, 1994
Claims and the above findings to grant the disability retirement application filed by
sergeant Sandra D. Stanton.
RESOLUTION NO. 4299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN
FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT.
Item No. 15: Consideration of cypress High School PTSA Carnival.
Recommendation: Receive and file.
Item No. 16: consideration of Monthly Investment Program for the Month of March
1994.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
Regarding Item No.7, Consideration Of Design Review Committee's Approval of DRC #94-
5 and #94-7, the City Manager advised that "DRC #94-5" should be "DRC #94-8." It was
moved by Councilmember Nicholson and seconded by Councilmember Bowman to
receive and file the report, with the correction. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In regard to Item NO. 10, Consideration of Acceptance of Letter of Resignation from Mr.
paul Angers, Alternate, Senior Citizens commission, Councilmember Age believed the City
has some opportunity for future revenue and she suggested that the vacancies on the
Commissions be filled. Councilmember Kerry stated she did not believe any action was
necessary at this time because there were still two alternates on that Commission. It
was moved by Councilmember Nicholson and seconded by Councilmember Age to
regretfully accept the letter of resignation submitted by Mr. paul Angers. 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
With regard to Item NO. 12, Consideration of Authorization to Donate Old Ballistic Vests
to the police ACademy, Councilmember Nicholson asked the Police Chief about the
purchase of ballistic vests for new pOlice Officers. The Chief responded that there are
funds to make those purchases; however, the vests have to be individually fitted and
until an individual is hired, the purchase cannot be made. It was moved by
Council member Nicholson and seconded by Councilmember Kerry to authorize the
donation of 31 ballistic vests to the Golden West Foundation which directs and accepts
donations for Golden West COllege and its departments such as the Criminal Justice
Training 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
Regarding Item NO. 13, Consideration of Approval of the Design, Plans and Specifications
and Authorization to Advertise for Bid for the Lincoln Avenue and Walker Street Traffic
signal Interconnect projects, PUblic Works project NOs. 9314 and 9322, Councilmember
Kerry mentioned that she had previously raised concerns that Walker did not warrant
the expenditure of funds for interconnect projects and she would vote "no" on this
item again. Councilmember Bowman stated that he believed the project a waste of
money, but the Council had already approved it. It was moved by Council member
Nicholson and seconded by Councilmember Age to: 1) approve the design, plans and
specifications for the Lincoln Avenue and Walker street Traffic Signal Interconnect
Projects, Public Works project NOs. 9314 and 9322; and 2) authorize staff to advertise said
projects for bid. The motion carried by the following roll call vote:
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CITY COUNCIL MINUTES
April 25, 1994
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
1 COUNCILMEMBERS: Kerry
o COUNCILMEMBERS: None
In regard to Item No. 17, Consideration of CATV Commission Recommendation for One
Public Access Grant - Fullerton College, the Personnel Director requested that a fund
transfer of $1,000.00 be made from Account No. 29 CATV Institutional Network to the
General Fund. It was moved by Council member Age and seconded by Councilmember
Nicholson to authorize the transfer of $1,000.00 from Account No. 29 CATV Institutional
Network to the General Fund and approve the recommendation of the CATV
Commission awarding a grant of $500.00 to Fullerton college. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
ORDINANCES (Second Readinq) & RESOLUTIONS:
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
order the following Ordinance read by title only, title as follows, and to adopt the
Ordinance amending Appendix I, "zoning," of the Code.
ORDINANCE NO. 913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE CITY OF CYPRESS, AMENDING
APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS BY THE AMENDMENT OF
SECTION 18.3, "ACTION BY THE DESIGN REVIEW COMMITTEE."
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 Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving amendment to CUP No. 92-
15.
RESOLUTION NO. 4300
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 92-15 - WITH CONDITIONS (ZION
CENTRAL PRESBYTERIAN CHURCH, 5271 LINCOLN AVENUEl.
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 Age to
adopt the Resolution by title only, title as follows, granting Variance No. 94-2.
RESOLUTION NO. 4301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A
REDUCTION IN THE REAR YARD OPEN AREA FROM THE REQUIRED 1,100 SQUARE FEET OF
OPEN AREA DOWN TO 900 SQUARE FEET OF OPEN AREA. VARIANCE NO. 94-2 (4038
CARDIFF DRIVEL
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
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CITY COUNCIL MINUTES
April 25, 1994
The City Attorney announced that there are two items under Closed session that have
come to his attention since the Agenda was published. He recommended discussion of
the follOwing two items in Closed Session: a personnel matter under Government Code
Section 54957 involving Possible discipline and a matter under Government Code Section
54956.9B1 of exposure to litigation from a property owner who made representations
of litigation to Councilmember Kerry.
The City Manager asked to add an item of a condemnation of a piece of property that
appeared to be an issue dealing with a litigated action that came to staff's attention
after the publication of the Agenda.
The City Manager also requested the addition of an item to the 7:30 portion of the
Agenda which was a memorandum from the League of California Cities aSking for action
on a Resolution for a hearing before the California Air Resources Board. The hearing will
be held prior to the next Council meeting and the information was requested by May 6.
It was moved by Council member Nicholson and seconded by Council member Kerry to
add Item 27A to the Agenda. 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
Mr. Newton asked for permission to discuss the City Attorney's contract with the Council
this evening and, if so, would the two law firms be seen separately or together.
Mayor partin stated the parties would be advised later.
CLOSED SESSION: Mayor Partin recessed the meeting at 5:50 p.m. to enable the Council to
enter into a Closed Session. The meeting reconvened at 7:50 p.m. with all
Councilmembers present. Also present were the City Manager/City Clerk, City Attorney
and staff members Bacock, Christoffels, EynOn, storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Nicholson.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Councilmember Kerry announced that "Cypress Celebrates the Arts" begins April 29
through May 6, beginning at Cypress College with "Fiddler on the Roof" and concludes
with "Hound of the Baskervilles" at the Cypress Civic Theatre.
Mayor partin announced that he had been informed by Chief Wicker that the DAR.E.
organization received a donation of $500.00 from Mr. LClU stokes of system Reefer
Service and he thanked Mr. Stokes for his generosity.
ORAL COMMUNICATIONS: For Clarification of matters on the 7:30 P.M. Agenda. No one
wished to speak.
The City Manager reviewed those actions taken by the City Council during the 5:30 p.m.
portion of the Agenda. Council then recessed into a Closed Session and on the first
Closed Session item, he announced th<lt the City Attorney John Cavanaugh is now with
the firm of Rourke, Woodruff and Spradlin. Rourke, woodruff and Spradlin was selected
by a unanimous vote of the Council to be the firm representing the City and John
cavanaugh has been specifically designated as the City's attorney
The City Attorney reported on the discussions held during the Closed Session under
Government Code 54957 inVOlving a potential disciplinary matter and a subsequent item
that will be addressed in a later Closed session under Government Code Section
54956.9B1 regarding exposure to litigation involVing some redevelopment areas.
CONTINUATION OF CONSIDERATIOI')I~llE.PUBLI_C. HEe-E!I')I.GJ?.!::FEQ.l,I~.A.JiOI',L..9F BASIC RAT!"S FOR
COPLEY/COLONY CABLEVI.$ION O~_JJ'PRE.?S CAJll.E.~~.R\lLc:~: The staff report dated April 20,
1994 requested a continuance of this item.
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CITY COUNCIL MINUTES
April 25, 1994
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue this item to May 23,1994. 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 VARIANCE NO. 93-4. REQUEST TO
REMOVE CONDITION NO.3. REQUIRING SCREENING OF SATELLITE DISH ANTENNA. 11580
MIDWAY DRIVE: Mayor partin opened the public hearing. The Planning Director
summarized the staff report dated April 19, 1994, which represented a request to
remove Condition NO.3 of Variance NO. 93-4, requiring sufficient screening of a satellite
dish antenna at 11580 Midway Drive. In accordance with the California Environmental
Quality Act, a Notice of Exemption, Class 3, was filed for the subject satellite dish
antenna as an accessory structure at the existing residence on May 28, 1993 and no
additional environmental documentation is required. The applicant, Mr. Edge,
contacted and met with staff in February 1994 to discuss his difficulty in screening the
satellite dish antenna. Mr. Edge contended he could not find a feasible way to screen
the satellite dish due to its height and the fact that his rear yard currently contains a
swimming pOOl, spa and concrete decking. The existing rear yard improvements do not
leave enough room for placement of any landscaping between the satellite dish and
abutting properties. Therefore, Mr. Edge is requesting the subject Amendment to
Variance No. 93-4 to waive the screening requirement prior to installation of his satellite
dish antenna. 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 variance amendment. In conclusion, staff
feels the required findings for the proposed screening variance can be made and staff
recommended that the applicant's request to waive the screening requirement be
granted.
Council member Nicholson clarified the staff report and the adjacent surrounding land
uses consist of a mix of one- and two-story houses.
The applicant was not present and no one in the audience wished to speak in support of
or in opposition to the application.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to
close the public hearing and approve amendment to Variance NO. 93-4, SUbject to two
conditions. 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 BUSINESS LICENSE TAX FOR SPECIAL
SALES: The City Manager asked the Finance Director to present the staff report dated
April 19, 1994, which provided the additional information requested by the Council at
their April 11, 1994 meeting. Details were provided from the cities of Fullerton and
Stanton regarding their swap meets and charges to the operators. Also stated were the
business license tax rates for some cities in orange County.
After some discussion, the Finance Director agreed that the simplest process would be
to charge the operator, otherwise the City would have to obtain a business license from
each vendor before the swap meet.
Council member Bowman commented that the City has to arrive at a system to calculate
the best rate to the operator to pass on to the vendors.
Mayor Partin and Councilmember Age concurred with Councilmember Bowman's
suggestion of setting a fee to generate about $25,000 in revenue per year.
Responding to Council member Bowman, the Finance Director replied that the least
expensive system to administer would be where the owner is responsible for a fee plus
a percent per booth.
Once the race track swap meet Charges admission, there is a tax on the admissions and
as long as the Cypress College swap meet does not charge admission, there is no tax.
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CITY COUNCIL MINUTES
April 2S, 1994
It was moved by Councilmember Bowman and seconded by Council member Kerry to
direct staff to draft an Ordinance on swap meets similar to that of the City of orange
that would generate approximately $2S,000 per site. 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 A PUBLIC NUISANCE AT 10S01 KNOTT AVENUE - NOTJCE TO ABATE
NUISANCE AND ADOPTION OF A RESOLUTION OF FINDINGS: The public hearing was declared
open by Mayor Partin. The Planning Director summarized the staff report dated April
14, 1994, which indicated that numerous complaints had been received over the past 26
months. Staff has attempted to obtain VOluntary correction to this property with the
property owner and their legal representative, but the lack of cooperation and
continued receipt of citizen concerns had resulted in the initiation of formal
procedures. On March 2, 1994, a formal Public Nuisance notice was forwarded outlining
numerous items that continue to be of concern. A thorough exterior and interior
inspection was conducted and pursuant to that inspection, the BUilding Official and the
bidding contractors have recommended demolition of the structure. Complete
clearance of the property (vegetation and pavement), is also recommended to eliminate
the existing and future potential need for nuisance actions. It has been determined by
professional opinions and bid receipts from licensed contractors that the property at
10S01 Knott Avenue is in a condition that is, and continues to cause, a significant, clear
and present nuisance and detriment to the health, safety and welfare of the residents
of Cypress and citizens of adjacent cities immediately surrounding the property.
The Planning Director reported that she had received a phone call from the property
owner about 4:30 p.m. today. The owners are in the process of signing a lease with a
tenant and they asked for a two week continuance of the item to: 1) demonstrate that
this is what they plan on doing and, 2) meet with staff to identify and ameliorate some
of the issues. Staff is comfortable in waiting two weeks as long there is demonstrated
action to resolve the issue.
The property owner, Demetra Doukas, explained the property had been in probate
court for the last three years. She will contact her lawyer and broker so arrangements
can be made to take care of the property. The prospective tenant is bringing their
contractor in to determine what needs to be done to restore the property.
Councilmember Bowman asked if there was a performance bond that could be obtained
so that the process doesn't continue on for two weeks at a time and would be forfeited
in the event the improvements weren't made.
The Planning Director asked that staff come back at the May 9 meeting in order to
consider the best way to assure what improvements are necessary.
The city Attorney would provide a plan to meet Council's concerns so there will be no
more delays.
Council member Nicholson expressed concern about a continuous series of two week
delays because this situation has already gone on too long.
Mayor Partin wished to continue with the nuisance abatement and set a trigger time of
possibly 45 days.
It was moved by Councilmember Bowman and seconded by Council member Nicholson
to continue this item to the City Council meeting of May 9, 1994. 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 AN INTERIM ORDINANCE DECLARING A MORATORIUM ON ADULT
BUSINESSES, PROVIDING AN EXCEPTION FOR ADULT BUSINESSES WITHIN SPECIFIED LOCATIONAL
CRITERIA WITH AN APPROVED CONDITIONAL USE PERMIT AND ADULT BUSINESS LICENSE. AND
DECLARING THE URGENCY THEREOF: The planning Director provided a brief introduction
to the Ordinance, which is before the Council because inquiries are being received
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CITY COUNCIL MINUTES
April 2S, 1994
pertaining to adult business which the City Code did not specifically address. The City
Attorney stated that because inquiries had been made, it was necessary to take a
proactive measure and have a definitive interim ordinance that would address the issue
of adult businesses. The ordinance would create a moratorium on any adult business
within the City of cypress. Cities cannot ban adult business entirely in the community,
but they can regUlate and control the adverse secondary effects or the harmful
consequences of these type of businesses. An exception has to be allowed under
certain criteria and the proposed ordinance basically says that for a period of 45 days or
until the permanent ordinance is adopted, this ordinance is operative in regulating what
type of an adult business or where they will be located in the City. The zoning maps
must show the sites that are technically available for adult businesses and that is what
has been done in the particular business park zone. He briefly reviewed the pertinent
sections of the ordinance and answered questions from the Council.
After some discussion, Council member Age referred to page 8, Item C(1) and the City
Attorney replied that "Planning Commission" should be changed to "City Council."
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 declaring a moratorium on adult businesses.
ORDINANCE NO. 914
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING A
MORATORIUM ON ADULT BUSINESSES WITHIN THE CITY OF CYPRESS AND PROVIDING AN
EXCEPTION FOR ADULT BUSINESSES WITHIN SPECIFIED LOCATIONAL CRITERIA WITH AN
APPROVED CONDITIONAL USE PERMIT AND ADULT BUSINESS LICENSE 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
RECESS: Mayor Partin recessed the meeting at 8:S5 p.m., reconvened the meeting at 9:05
p.m. and all Councilmembers were present.
CONSIDERATION OF BUDGET REDUCTIONS: Councilmember Kerry had requested that this
matter be Placed on the agenda for discussion of any issue dealing with the 1994/95
bUdget.
Councilmember Kerry noted several items had been mentioned, such as, car allowance,
reducing staff support for Commissions, City vehicles being driven home, an update on
the MOU process in the City of Fountain valley and other things that can be done that
do not require a wait.
Council member Age stated she didn't want to do anything further on the budget now
because there will be potential revenue coming into the City and she wanted to assess
the budget situation before anything further is done.
Council member Bowman suggested revieWing certain areas where the City may be able
to operate more efficiently and the need to continue to streamline efforts in the City.
Councilmember Nicholson commented that even if additional revenues will be
generated, they may not be realized until after January 1995, so next year's budget will
have to be tightened. Regarding the Commissions, she had specifically requested that
staff ask the Commissions for their suggestions on how they might trim their budgets.
Council member Bowman clarified that the Council's intent is to reorganize the Police
Department so the staffing level remains the same but with more officers on patrol.
Councilmember Nicholson asked if the Department Heads were aSking their employees
for their ideas on cost savings and she would like to see that done.
The Public Works Director explained they are looking at the situation from both
directions, the contracting alternatives to assess competition, plUS aSking the employees
how they would compete.
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CITY COUNCIL MINUTES
April 25, 1994
Responding to Council member Kerry's question as to when Council will receive the
League of Cities survey, the City Manager replied that it would be in Closed Session this
evening.
No action was taken on this item.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 9494 -
9707: It was moved by Council member Nicholson and seconded by Council member Age
to approve the Warrants No. 9494 through 970"/ in the amount of $758,923.80. 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 THE ORANGE COUNTY REGIONAL ADVISORY AND PLANNING COUNCIL
LETTER: The City Manager introduced a letter from the orange county Division of the
California League of Cities requesting all cities to support the position of the orange
County Regional Advisory and planning Council in addressing the California Air Resources
Board letting them continue with credits for those mitigation efforts that involve non-
gasoline using vehicles or electric vehicles. The Board has asked for action before May 6
and the City Manager suggested the Council adopt the proposed resolution, which will
be forwarded to the Board.
Councilmember Kerry stated she understood that the zero emission vehicles are being
required.
Council member Bowman stated that there is technology that can produce the non-
gasoline types of vehicles.
Councilmember Kerry felt that it was more important that all automobiles have the
proper smog emissions devices and she felt this was the wrong direction to be taking.
Councilmember Bowman recommended the resolution be approved so research can be
continued.
After some discussion, the City Manager mentioned that the Air Resources Board desires
to reduce the requirements of how many low emission vehicles would be available for
sale in the state and to come up with an alternative fuel.
It was moved by Councilmember Age and seconded by Council member Nicholson to
adopt the Resolution by title onlY, title as follows, supporting the Orange county
Regional Advisory and Planning Council's position. Councilmember Kerry advised that
she would vote "no" on this item.
RESOLUTION NO. 4302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
SUPPORTING THE NEED FOR ZERO EMISSION VEHICLES AS MANDATED IN CALIFORNIA'S
LOW EMISSION VEHICLE AND CLEAN FUELS REGULATIONS.
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
RECESS: Mayor Partin recessed the meeting at 9:20 p.m. to allow the Council to act as
the Cypress Redevelopment Agency. The meeting reconvened at 9:40 p.m. with all
Council members present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Council member Nicholson asked about newsracks and the City Attorney replied that he
is working on a research memo as to the extent of possible regulation of newsracks.
9
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118
CITY COUNCIL MINUTES
April 25, 1994
She also asked about the used car lot on Lincoln Avenue that is operating without a
conditional use permit. The Planning Director reported that owners will be notified to
fence the property, with seven days to comply.
Council member Age asked if anyone wished to review the Mayor's breakfast.
Councilmember Nicholson stated the breakfast was beautifully presented, with good
food. The only thing lacking were the business people and she suggested the plan be
revisited.
Councilmember Age suggested considering a dinner meeting rather than a breakfast
because the networking would be better. Council member Kerry suggested that the
Council come up with some ideas, put the item on the Agenda and look at alternatives.
She asked the City Manager to respond as to why people did not attend.
The City Manager commented that some of the owners of small businesses may not
have been able to attend and large industries could be more receptive. Perhaps an
evening meeting would be better for all businesses.
Councilmember Nicholson requested staff ask the Chamber for some input.
councilmember Bowman suggested scheduling something in the evening because it is
difficult to get away during the day.
Councilmember Kerry remarked that she heard comments that the people didn't come
was because they felt the City was running well, they had no problems and they saw no
reason to come, which is compliment to the City.
The City Manager reported that he has not heard a negative comment from anyone
who attended the breakfasts.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor partin recessed the meeting at 9:45 p.m. to enable the Council to
enter into Closed Session to discuss personnel and litigation matters. The meeting
reconvened at 11:15 p.m. with all Councilmembers present.
ADJOURNMENT: The meeting was adjourned at 11:15 p.m. by Mayor Partin.
AZ1J~~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
~ 11 kf#c
C C~ THE CIT't F CYPRESS
10
5" -,!.' I
11 9
MINUTES OF A SPECIAL MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 2, 1994
A Special Meeting of the Cypress City Council was called to order
at 5:30 p.m., Monday, May 2, 1994, in the Administrative Conference
Room located in the West Wing of the Cypress City Hall, 5275 Orange
Avenue, Cypress. Mayor Richard Partin presiding.
PRESENT: Council Members Age, Bowman, Kerry, Nicholson and
Partin
ABSENT: None
Also present was City Attorney John Cavanaugh.
The City Council immediately called for a Closed Session to discuss
a Public Employee Discipline issue authorized under Government Code
Section 54957.
At 7:09 p.m., with all Council Members present, the meeting was
reconvened to open session and the Mayor adjourned the meeting at
7:10 p.m.
R2J~
, MAYOR OF THE CITY OF CYPRESS
ATTEST:
CIT)~(A~%tTY
OF CYPRESS