Minutes 94-05-09
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120
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
Held
May 9, 1994
The Regular Meeting of the cypress City Council was called to order at 5:33 p.m.,
MOnday, May 9,1994, in the Council Chamber, 5275 orange Avenue, Cypress, Mayor
Richard Partin presiding.
PRESENT:
ABSENT:
Council members Age, Bowman, Kerry, Nicholson and Partin
None
Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh
and staff members Bacock, Christoffels, Decarlo, Eynon, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. NO one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT FOR NINETEEN (19) POLICE HANDHELD RADIOS.
REQUEST FOR QUOTATION NO. 9394-4: The police Chief presented the staff report dated
April 29, 1994 which advised that the City Council had authorized the replacement of 19
handheld radios at its March 14, 1994 meeting. Six bid offers were returned to the
Purchasing Ofl'icer.
It was moved by Council member Nicholson and seconded by Council member Age to
accept the bicl received from Bear Communications, Inc., 3505 Cadillac Avenue, suite L-1,
Costa Mesa, Cfj, 92626, as the lowest responsible bidder and award a contract for the
purchase of 19 handheld radios. The department requested the appropriation of
$17,560.02 frolll the fund balance of the replacement fUnd to Account No. 4451-90-656-
35. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSENT CALEI~DAR:
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.
CouncilmembE'r Bowman reqUested that Items NO 5 and 10, Consideration of Renewal of
TOwing SerViCE! contract; and Consideration of Approval of Turf Maintenance Contract
Specifications, and Authorization to Solicit Contractor statements of QUalifications, and
to Solicit Bids from the Qualified Contractors, respectively, be removed. Councilmember
Kerry asked that Item NO.9, Consideration of Approval of the Design, Plans and
Specifications "or the street Rehabilitation and slurry Seal of Various Alleys, Civic Center
parking Lot aM Wellson Drive, Public Works project No. 9316, and Authorization to
Advertise the project for Bid, be pulled.
It was moved lJy Council member NichOlson and seconded by Councilmember Kerry to
approve the Consent Calendar Items NO.2 through 15, with the exception of Items NO.5,
9 and 10. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.2: Motion to Approve City Council Minutes of Regular Meeting of April 25, 1994.
Recommendation: That the City Council approve the Minutes of April 25, 1994, as
submitted.
Item NO.3: Mction to Introduce and/or AdOPt All Ordinances and resolutions Presented
for Considerati:m by Title Only and to Waive Further Reading.
Item NO.4: Consideration of proclaiming May 1994, as "Clean Air Month."
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CITY COUNCIL MINUTES
May 9,1994
Recommendation: That the Mayor and City Council officially proclaim May 1994, as
"Clean Air Month" in the City of cypress.
Item NO.6: Consideration of Adoption of a Resolution Authorizing a Joint Used Oil
ReCycling Block Grant Application.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, authorizing a Joint Used Oil ReCycling Block Grant Application.
RESOLUTION NO. 4303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AUTHORIZING A JOINT USED OIL RECYCLING BLOCK GRANT APPLICATION.
Item NO.7: Consideration of Approval of the Annual Lease Agreement With the Anaheim
Union High School District for the Use of the Oxford School Facility.
Recommendation: That the City Council approve the extension of the annual lease
agreement for the use of the Oxford School site for the period through June 30, 1995,
and authorize the City Manager to execute the lease agreement.
Item NO.8: Consideration of Renewal of Agreement for Shared Court Liaison Services.
Recommendation: That the City Council authorize the City Manager to renew the
Agreement with the Cities of Los Alamitos and Seal Beach to provide Law Enforcement
Court Liaison Services on a contract basis.
Item No. 11: Consideration of Acceptance of Pavement Rehabilitation and storm Drain
Construction for DeLong street, project No. 8742, Pavement Rehabilitation and Storm
Drain Construction for Watson street, Project No. 8743, and Storm Drain Construction for
Acacia Drive, Project No. 9141.
Recommendation: That the City CounCil: 1) Accept the work of Pavement Rehabilitation
and Storm Drain Construction for DeLong street, project NO. 8742, Pavement
Rehabilitation and storm Drain Construction for Watson street, project No. 8743, and
Storm Drain Construction for Acacia Drive, project NO. 9141, as being satisfactorily
completed in conformance with the Plans and Specifications. This acceptance is
contingent upon the approval of Contract Change Order NO.3, concurrently before the
City Council for approval; 2) Approve the final retention payment to Ken Thompson, Inc.,
8851 Watson street, cypress, California 90630, thirty (3m days after the Notice of
Completion is recorded; and 3) Authorize the City Clerk to release the Labor and
Materials 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
one year's guarantee upon the Director of Public Works' concurrence.
Item No. 12: Consideration of Proclaiming saturday, May 14, 1994, as "Fire Service
ReCognition Day":
Recommendation: That the Mayor and City Council officially proclaim saturday, May 14,
1994, as "Fire Service Recognition Day" in the City of cypress.
Item No. 13: Consideration of Contract Change Order NO.3 for pavement Rehabilitation
and storm Drain Construction for DeLong street, project NO. 8742, Pavement
Rehabilitation and storm Drain construction for Watson street, project No. 8743, and
Storm Drain Construction for Acacia Drive, project No. 9141.
Recommendation: That the City Council approve contract Change Order NO.3 to Ken
Thompson, Inc., for pUblic Works project Nos. 8742, 8743, and 9141, in the amount of
$33,500.71.
Item No. 14: Consideration of ExtenSions to Employee Associations' Memoranda of
understanding.
Recommendation: That the City Council move to ratify the extensions to the
Memoranda of Understanding between the City and the cypress Employees' Association
(CEA), Maintenance Employee'S Association (MEA), Mid-Management Employees'
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CITY COUNCIL MINUTES
May 9, 1994
Association (MMEA), Police Management Association (PMA), and Public Works Maintenance
supervisors' Association (PWMSA), as submitted by the May 9,1994 meeting.
Item NO. 15: Consideration of Request to Proclaim May 15 - 21, 1994, as "National
Association of Insurance Women Week."
Recommendation: That the Mayor and City Council officially proclaim May 15 - 21,1994,
as "National Association of Insurance Women Week" in the City of cypress.
END OF CONSENT CALENDAR
Regarding Item NO.5, Consideration of Renewal of Towing Service Contract,
Council member Bowman stated that there was a gentlemen in the audience that would
like to speak on this issue, Mr. Tom Lewis, 5094 sequoia Avenue, Cypress, representing
Rossmoor TOw. Mr. Lewis stated that he had called the cypress purchasing Officer in
February aSking about the City's towing contract. The City advised that the contract was
expiring in June and Mr. Lewis would be provided with a package to bid on the contract.
He expressed an interest on how this contract was bid. The City Manager stated he
understood that Mr. Lewis had submitted a communication to the City, but he found
that there was no written communication in purchasing. Normally, if there was going to
be a renewal, it would be submitted to Council. If there were other submittals and if
Council was not satisfied with the current renewal, then other submittals would be
requested. The normal procedure is to renew the contract if Council is satisfied and
they feel it is within the bid amount. The Finance Director commented that the current
procedure is that any communications would be placed in the file, if they were going
out for bid. The Police Chief advised that the fees are not paid by the City, but the
individual whose vehicle is being towed and Cypress Auto TOw Service has been very
satisfactory. Councilmember Bowman stated that the question has been raised and the
City should offer the contract for bid.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry that
the towing contract be put though the formal bidding process. Coucilmember Age
asked for the exact location of the tow yard, how many tow trucks, and their
availability. 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.9, Consideration of Approval of the Design, Plans and Specifications
for the Street Rehabilitation and Slurry Seal of various Alleys, Civic Center parking Lot
and Wellson Drive, Public Works Project No. 9316, and Authorization to Advertise the
project for Bid, Council member Kerry had asked the Public Works Director what alleys
were referenced. The Public Works Director stated they were the Tanglewood Homes
alleys. Council member Kerry asked about vacating the Tanglewood alleys and the City
Attorney advised that it is a procedure accomplished through public hearing. The Public
Works Director reported that staff was asked to consider all the alleys city-wide that are
City maintained and could be vacated. There are only two complexes, Cypress Village
and Tanglewood Homes.
It was moved by Council member Kerry and seconded by Councilmember Nicholson to
approve the design, plans and specifications, and authorize staff to advertise the project
for bid for the Street Rehabilitation and Slurry Seal of Various Alleys, Civic Center Parking
Lot and wellson Drive, PUblic Works Project No. 9316, and Authorization to Advertise the
Project for Bid. 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. 10, Consideration of Approval of Turf Maintenance Contract
specifications, and Authorization to Solicit Contractor Statements of Qualifications, and
to solicit Bids From the Qualified contractors, Council member Bowman suggested that
the Mayor announce at the 7:30 p.m. meeting that the City is bidding this contract. It
was moved by Councilmember Bowman and seconded by Council member Age to: 1)
approve the Turf Maintenance Contract specifications; and 2) authorize staff to solicit
Contractor Statements of Qualifications, and to solicit bids from the qualified
contractors. The motion unanimously carried by the fOllowing roll call vote:
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CITY COUNCIL MINUTES
AYES:
NOES:
ABSENT:
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12~
May 9,1994
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 Councllmember Age to
order the following Ordinance read by title only, title as follows, and to adopt the
Ordinance relating to the composition of the Cultural Arts Commission.
ORDINANCE NO. 915
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 COMMISSION.
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 Council member Age and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, granting variance No. 93-4.
RESOLUTION NO. 4304
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 THE
INSTALLATION OF A SATELLITE DISH ANTENNA ATTACHED TO A STRUCTURE AND NOT
TOTALLY SCREENED FROM VIEW BY ADJACENT PROPERTIES - AMENDMENT TO VARIANCE
NO. 93-4 (11580 MIDWAY DRIVEJ
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
The City Attorney announced that under Government code, Section 54956 certain items
on the Agenda are Closed Session items. It had come to the attention of the City
Manager and the City Attorney that an item on Public Employee Resignation needed to
be addressed in Closed Session. This matter arose subsequent to the agenda being sent
out and he asked that the Council approve the addition of the item. It was moved by
Councilmember Bowman and seconded by Councilmember Nicholson to approve the
addition of Public Employee Resignation Government Code section 54957. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CLOSED SESSION: Mayor Partin recessed the meeting at 5:55 p.m. to enable the Council to
enter into Closed Session. The meeting reconvened at 7:37 p.m. with all
Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City
Attorney John cavanaugh and staff members Bacock, Chrlstoffels, Decarlo, Eynon, storey
and Wicker.
PRESENTATIONS:
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman.
Mayor partin presented a Community Service Plaque to Former Cultural Arts
commissioner, Gay Hannah.
A proclamation declaring "Fire Service Recognition Day" was presented to a
representative of the orange county Fire Department, Station NO. 17, located in the City
of cypress.
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CITY COUNCIL MINUTES
May 9, 1994
Mayor Partin introduced the members of the AYSO Region 154, Division 5 Boys Team,
read the Mayor's proclamation and presented each member of the team with a
proclamation. Mayor Partin asked if a plaque could be made for the state champion
team and displayed at Oak Knoll Park. AYSO jackets for all the team members were
presented to them by George Briggeman, Jr.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
MS. Joan Lovell Hayashibara, 5403 Twin Lakes Dr., cypress, registered a complaint about a
business at 8851 Watson Street that is storing heavy equipment without a permit. She
believed the property was under the control of Mr. Kenneth Thompson. The City
Manager stated that since this item is not on the Agenda, the matter will be reviewed
by staff and will be placed on the next Agenda for the May 23, 1994 meeting.
Mr. Bob Kernes, 8762 Grindlay St., Cypress, provided the Council with some letters and
video tapes Of activities in the maintenance yard, which is contiguous to his property.
Mr. Bob Sundwall, Vista Sierra, cypress, complained about the Council's cutting back of
the cypress Police Department. He asked Why they were letting experienced police
officers go. Mayor Partin explained that some management positions were eliminated
and more pOlice officers have been added to the force.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
wished to speak.
The City Manager summarized the actions taken by the City Council during the 5:30 p.m.
portion of the Agenda. There was one item added to the Closed Session Agenda, a
Public Employee resignation. He requested that the Public Works Director explain the
contracting out of various maintenance areas, comparing the City to the private sector.
The Public Works Director advised that this solicitation of bids was for turf maintenance,
irrigation, mowing and fertilization for all the parks, medians, backup walls and the civic
center areas.
The City Attorney reviewed discussions held during Closed session, which items are listed
on the Agenda. The City Council directed the City Attorney to reject the liability claims
of Mr. Alexander AngulO and the Southern California Edison Company.
Mayor Partin reported that "Arts Week" in the City of cypress had been concluded with a
FantaSY Ball. The "Arts in the Park" Day was a very successful event held at the
community Center. Loyalty Day was observed on saturday, May 7, at Veterans' Park.
Councilmember Nicholson mentioned "Police APpreciation Night" which will be held on
Friday, May 20 at the Buena Park Hotel and tickets are available at the Police
Department.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT NO. 93-7. AMENDING
SECTIONS 8: 10.1: AND 10.3.B.. OF THE CYPRESS ZONING CODE TO ESTABLISH REQUIREMENTS
AND PROCEDURES FOR THE CONSIDERATION OF SINGLE ROOM OCCUPANCY DEVELOPMENTS:
Mayor Partin opened the pUblic hearing. The Planning Director presented the staff
report dated April 26, 1994, which stated the reasons for the establishment of
reqUirements and procedures for single room occupancy developments. She also
presented a revised ordinance to the Council. The proposed ordinance amendment
provides for adding Single Room occupancy developments SUbject to a conditional use
permit in the CH Commercial Heavy and CH/LC Commercial Heavy/Lincoln Avenue
Combining zones. In addition, the ordinance provided standards establishing the
requirements and procedures under which Single Room Occupancy developments shall
be developed and operated. Single Room Occupancy developments are designed for a
diverse population such as: the elderly, physically disabled and low wage service
workers. This type of housing is designed for one or two person households.
Council member Bowman commented on No. 21 of the ordinance increasing the number
of units from 12 to 16 to be in line with the same requirement for a resident manager
as apartment units.
Councilmember Kerry asked about Item No. 18 and 19 and the City Attorney responded
that those proviSions would violate the overcrowding case, which had similar language.
She also asked about Item NO. 10 and the open space required between 25 and 30 units.
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CITY COUNCIL MINUTES
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The Planning Director changed the wording as fOllOWS, "For projects containing less than
30 units, minimum common open space......
The City Manager referred to Item No. 21 and suggested it be reworded to read, "Any
development containing more than sixteen (16) units shall...."
Councilmember Kerry referenced Item No. 17, asking if segregated trash bins should be
required and incorporate whatever might be needed for the new reCycling program in
this ordinance. The Planning Director changed the wording as fOllOWS. "A centralized
trash area with a segregated trash receptacle shall be provided for each project."
Mayor partin asked if anyone wished to speak in support of or in opposition to the
amendment to the zoning ordinance. No one spoke.
It was moved by Council member Bowman and seconded by Council member Nicholson
to close the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act and approve the first reading
of the Ordinance by title only, title as fOllOWS, amending Sections 8; 10.1.B and 10.3.B.
establishing requirements and procedures for the construction of Single Room
occupancy developments, including modifications.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS BY THE AMENDMENT OF
SECTIONS 8, 10.1.B. AND 10.3.B., TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR
THE CONSIDERATION OF SINGLE ROOM OCCUPANCY DEVELOPMENT.
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. 94-8. ESTABLISH
CONTRACTORS YARD. 8911 ELECTRIC STREET: The public hearing was opened by Mayor
Partin. The City Manager reqUested the Planning Director summarize the staff report
dated April 25, 1994. The application represented a request to establish a contractor's
yard at 8911 Electric Street in the Light Industrial Zone and the Lincoln Avenue
Redevelopment Project Area. In accordance with the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this project. Pursuant
to adopted Fish and Game Department requirements, this project had been reviewed
for potential impacts to wildlife habitat. It has been determined no negative impacts
will result from this project; therefore, a statement of de minimis impact will be filed.
Mr. Mccarty, the applicant, has stated to staff that the proposed business, "McCarty
Excavation" offers concrete and asphalt removal services. The transportable bins are
for the separation of materials from job sites. once the materials are separated, they
are removed from the site by a company under the business name of Ecology. In
addition to staff's analysis of the proposed project's conformance or ability to conform
to the performance standards for industrial zones, staff has identified that the project
would also require a State of California solid waste permit. Notices of the public hearing
were publiShed, posted and mailed to all property owners within 300 feet of subject
property. To date, staff has received no written or verbal communication regarding
this matter.
Mr. Darrin Mccarty, 731 North Roanne St., Anaheim, reported that he had dissolved his
disposal business. He explained that he would be dealing in material that cannot be
readily disposed of at normal transfer stations and this would not be a public facility.
He explained about the containers and how they will be used. There will be no trash or
green waste on site except for what is self-generated.
Councilmember Age asked how this operation would affect the franchise agreement
with Briggeman Disposal. Mr. Mike Thiele, planning Consultant, did review this
application with the solid waste consultant and he reported that the franchise
agreement does not prohibit a self-hauler from removing his own waste generation as
long as the person is not paying for removal.
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CITY COUNCIL MINUTES
May 9, 1994
Mr. Mccarty advised that there will be agencies other than the city monitoring his
facility.
Council member Bowman asked the applicant if he had a problem with adding another
condition prohibiting any separation of material at the facility. The applicant agreed to
the condition.
After some discussion on the conditions of approval, the City Attorney advised that he
wanted to make some modifications to the conditions to confirm some of the concerns.
Regarding the trailer on the premises, the Planning Director stated that it is not a
permanent living facility but a guard trailer and that will be addressed through design
review.
Mayor Partin opened the hearing for public comment.
Mr. Larry Andrade, cypress, stated that he had received communication that this was
going to be a contractor's yard with heavy equipment storage and asked for
clarification.
The applicant stated his yard was not visible from the Twin Lakes complex; however,
next to the railroad tracks there is a heavy equipment storage area.
The City Attorney had the following changes to be made to the conditions of approval.
Condition NO. 25 shall be revised to read as follows: "This conditional use permit 94-8
shall be subject to modification or revocation by the City Council should the Council
determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the pUblic health, safety, or general welfare, or materiallY
injurious to properties or improvements in the vicinity or in violation of any State or
local laws or any conditions of approval." Condition NO. 36, change the first word from
"The" to "Any." Condition NO. 43 should read as follows: "Applicant shall obtain and
maintain at all times thereafter a valid solid waste permit from the County of orange
Environmental Health Department...." Condition NO. 44, add a sentence to read:
"Applicant shall not operate Conditional Use Permit 94-8 in any manner which would be
in violation with the City's solid waste or recycling franchise agreement with Briggeman
Disposal or any successor thereof."
The Planning Director referenced Condition NO. 38 and deleted the words, "one-
Thousand TWO Hundred seventy-Five Dollars <$1,275.00), which includes he One Thousand
Two Hundred Fifty Dollars <$1,250.00) fee required by Fish and Game Code Section
711.4(d)(2) plus the."
Condition No. 47 shall be changed to read: "...from 5 a.m. until 6 p.m. Monday through
Friday and 7 a.m. until 6 p.m. on saturdays." She added a Condition NO. 48 which read
"No separation of materials shall be permitted on site. only material storage shall be
permitted on site."
Mayor Partin asked the applicant if he was agreeable to the amended and added
conditions of approval. Mr. McCarty agreed to all the conditions.
The question of deleting Condition No. 43 was brOught up by the applicant and the
Planning Director replied that there was a section in the zoning ordinance that allowed
for minor modifications if they are consistent with findings. She asked to leave that
condition in and if it should be deleted after further review, she would make that minor
modification.
The City Attorney then modified Condition NO. 43 to read: "Applicant shall obtain and
maintain at all times thereafter any applicable licenses and/or permits...." so that it stays
in but once it is triggered, there has to be compliance. The applicant agreed to that
mod ification.
No one else wished to speak about the application.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to close the publiC hearing, approve the Negative Declaration and direct staff to file a
Notice of Determination and De Minimis Impact Exemption; determine that subject to
compliance with the conditions as amended, the proposed excavation/salvage/recycling
use is similar to and no more detrimental than existing permitted uses in any industrial
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CITY COUNCIL MINUTES
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zone; adopt Findings A, Band C as outlined in the staff report and approve Conditional
Use permit No. 94-8, subject to conditions as amended. 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. 94-9. JACK-IN-THE-BOX.
5011 LINCOLN AVENUE: The public hearing was opened by Mayor partin. The Planning
Director reviewed the staff report dated May 2, 1994, which represented a request to
update the exterior facade of an existing Jack-In-The Box located at S011 Lincoln Avenue.
Since the existing restaurant is a pre-existing conditional use, this application would also
bring the business into full zoning compliance. ACcording to the requirements of the
California Environmental Quality Act, this project is considered Exempt, Class One.
Proposed improvements include the removal of an existing light fixture to be replaced
by a new aluminum parapet cap with red neon tube lighting and a new sign face with a
red background and white letters. Other maintenance included a new stucco finish and
fresh paint in a white/grey tone. The only significant condition is the irrevocable offer
of dedication of seven feet of right-of-way for the projected improvements on Lincoln
Avenue. Notices of the publiC hearing were published, posted and mailed to all
property owners within a 300 foot radius. To date, staff had received no comments.
The applicant was unable to be present at the meeting because of illness.
NO one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the pUblic hearing and approve Conditional Use Permit NO. 94-9, subject to 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
CONSIDERATION OF PUBLIC HEARING RE: SPECIFIC PLAN NO. 93-1. ORANGE AVENUE SPECIFIC
PLAN. RESIDENTIAL PLANNED COMMUNITY. 4871. 4901, 4911. 4921 AND 4931 ORANGE
AVENUE: Mayor partin opened the hearing. The Planning Director summarized the staff
report dated May 3, 1994, which described the specific plan establiShing the zoning,
development standards and design guidelines for a residential planned community for
22 to 25 single-family detached homes on a 2.8 acre site. The report contained a
discussion of the history of the planning process, a summary and analysis of the
provisions of the Specific Plan and staff's recommendation for Council action. A Notice
of Intent to file a Mitigated Negative Declaration had been prepared and published
according to the requirements of the California Environmental Quality Act.
In October 1993 the City Council retained the services of the planning consulting firm,
Robert Bein, William Frost & Associates (RBFl to prepare the SpeCific Plan and related
environmental documents in coordination with the Planning Department staff. Notices
of the publiC hearing were published, posted and mailed to all property owners within a
500 foot radius. At the time of the writing of this report, staff had been contacted by
one homeowner, Mrs. Teresa Ivins, 9S27 Naples Drive. She had expressed concerns about
the proposed Specific Plan.
Mr. Mike Burke of RBF stated that one of the primary concerns of the consultants was
that of compatibility with the surrounding neighborhoods and to provide a transition
for the commercial uses along MOody Street. consideration of accesses to the proposed
development along orange and AShbury Avenues were given. In addition, there was the
phasing issue of the five parcels as part of the land use.
Councilmember Kerry stated that if the preferred plan is to develop housing off of
Ashbury, then Phase II should be the only consideration. If those owners that are in
Phase II and not interested in selling now wish to come in at a future time, go through
the same process as Phase I, then restrictions can be placed on those properties. If the
Council proceeds, she would choose the alternative plan for Phase II, but she has
reservations and would make the plan more restrictive. If Council prefers Phase II, then
Council should remain with that Phase.
After some discussion the City Attorney suggested that the two conditions to be
considered on the alternative plan should be strung together with the word "and."
B
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CITY COUNCIL MINUTES
May 9,1994
Also, if it is desired to make this a discretionary action, some additional language may be
inserted in Condition NO.2, which would render that a matter for the City Council's
discretionary review.
The City Attorney would provide additional language for Item NO.2.
Councilmember Kerry suggested that more of a set back should be required on the
alternative plan the same as in Phase I.
Mr. Burke explained that the preferred plan and the alternative plan both have a Phase I
and a Phase II with the land use criteria being the same on both.
The Planning Director suggested that language be added to clarify that whenever
reference is made to Phase II it is for both the preferred and alternative plans.
The Mayor asked if anyone wished to comment on the specific plan.
Ms. Teresa Ivins, 9527 Naples Drive, cypress, expressed her displeasure with the proposed
specific plan and it is not what she thOUght was told to them at all. The plan is not
consistent with the rest of the community and something was to be planned where it
worked together.
Mr. Tim Ivins, 9527 Naples Drive, cypress, stated that he was very concerned about the
density, the number of accesses and he was going to seek legal advice. He didn't
believe the city has handled the zoning very well at all. He thought the properties
would be built as one community with one speCific entrance.
Responding to Councilmember Bowman's question regarding the density, the Planning
Director stated that it was 12.8 units per acre; the ten units are not on a full acre.
Ms. Anne Mocniak, 4941 Lemon Avenue, cypress, asked what happened when the
property owner of the center parcel sells and the neighbor does not, will this result in
another spot development along orange Avenue and she asked for some assurances.
The Planning Director stated that what is being adopted by ordinance would require a
similar process before there is any change in the development and what has been
proposed is the zoning ordinance for the property.
Council member Kerry mentioned page 20 and asked that the "two car spaces" be
changed to read, "two enclosed garage spaces per unit." She also mentioned the
setbacks and asked what had been proposed on the Olson property and she would like
that setback increased as much as possible.
Mr. Kerry Choppin, The Olson company, 3010 Old Ranch Road, suite 250, Seal Beach,
stated their original proposal indicated a 30 foot setback, which was going to be guest
parking in the rear. There will be a 10 foot separation between the units.
Councilmember Bowman mentioned that the proposed project is about 3,400 square
feet of land area per unit.
Council member Kerry commented on street trees, under Landscaping, and asked that
the alternative should say the same thing as Phase I, which is one tree for each front
yard. The Planning Director explained the requirements for street trees per residential
lot under C-1 and in Phase II.
The Planning Director referenced page 29, beginning with NO.1 on the triggering of the
land use mechanism, add the wording, "The owners of the eastern lots of Phase II are
prepared to develop at a time when the owner of the western parcel is not prepared to
develop, thus precluding access from Ashbury Avenue and 2) a request from the owners
of the eastern lots with a conceptual land use plan must be submitted to the City
Planning Department, which will refer the matter to the City Council at a public hearing
for discretionary activation of the alternative land use plan. Any action shall be subject
to the City of Cypress' monitoring of the phasing through the subdivision design review
procedures. "
It was moved by Council member Bowman and seconded by Council member Nicholson
to close the public hearing, adopt a finding of de minimis impact according to Section
711.4(el of the Fish and Game code; approve the mitigated Negative Declaration
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CITY COUNCIL MINUTES
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129
May 9, 1994
according to the requirements of the California Environmental Quality Act; and to
approve the first reading of the Ordinance by title only, title as follows, amending
Ordinance 640, with the additional wording as proposed by the Planning Director. The
Planning Director mentioned that staff would add a sentence clarifying that Phase II
reflected the preferred and alternative plan for clarification purposes subject to Council
direction.
AS requested by the City Manager, the Planning Director clarified that this was the public
hearing and first step in the process. There will be additional opportunities for pUblic
comment.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE
NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY FROM RS-6,000 TO SP 93-1, THE ORANGE
AVENUE SPECIFIC PLAN, AND ADOPTING DEVELOPMENT STANDARDS FOR SAID
PROPERTY.
The motion unanimously carried by the vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 83-2.
PRIME TIME PIZZA RESTAURANT. 6191 BALL ROAD: The staff report dated April 28, 1994
reported that the applicant had requested a continuance for additional modifications to
his application.
It was moved by Council member Bowman and seconded by Council member Age to
continue this item to the May 23, 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 REQUEST FOR POLICY DIRECTION REGARDING
TEMPORARY WINDOW SIGNS: The staff report dated May 3, 1994 requested a continuance
of this item at which time staff will have a slide presentation and graphics addressing
window signs.
It was moved by Councilmember Nicholson and seconded by Council member Age to
continue this item to the meeting of June 13, 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 A PUBLIC NUISANCE AT 10S01 KNOTT AVENUE - NOTICE
TO ABATE NUISANCE AND ADOPTION OF A RESOLUTION OF FINDINGS: The Planning Director
stated that the applicant was in the audience and she requested that the applicant
update the Council as to the most recent information. Staff will then make a
recommendation.
Ms. Demetra Doukas, property owner, reported that she had called BFI Services who will
be coming to fix the fence, the property is for sale and they are showing to prospective
buyers. A landscaper will be coming in to start cleanup of the property and hopefully,
the situation will be resolved within the next two weeks.
It was moved by Council member Age and seconded by Councilmember Nicholson to
continue this item to the Council meeting of May 23, 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
10
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CITY COUNCIL MINUTES
May 9,1994
Councilmember Kerry stated that Council cannot keep continuing this item.
CONSIDERATION OF REQUEST FOR CLARIFICATION OF CONDITIONS OF CONDITIONAL USE PERMIT
NO. 93-12. SWAP MEET: The City Manager asked the Planning Director to summarize the
staff report dated May 2, 1994 requesting modification of several conditions of approval
for Conditional Use Permit NO. 93-12, the Los Alamitos Race Track Swap Meet. She passed
out a letter from Chris Bardis indicating that he wanted to make the street
improvements along the ten acre site immediately as part of Phase 1A. The proponents
also feel that actual construction of restroom facilities and hook-up into the sewer
system will be more attractive and functional. The applicant has offered to construct
perimeter landscaping improvements, consistent with the ultimate streetscape
requirements of the cypress BUSiness and Professional Center Specific Plan, in advance
of that which is required by the phasing plan. Staff has reviewed the conditions of
approval with the applicant and have identified which conditions will be affected by the
proposal. With minor modifications to Conditions NO. 50 and 51 and to the time of the
phasing of the perimeter improvements, staff feels the applicant's objectives can be
met while keeping the original approval intact.
Mr. Chris Bardis, 4961 Katella Avenue, Los Alamitos, introduced Mr. Ernie Galloway who is
the swap meet manager and commended the Planning Director and Public Works
Director for addressing the issues that were raised. He mentioned one modification
that he had not addressed previously and that was under Phase II. Item 1 under Phase II,
he requested that the construction of the eight foot sidewalk along Katella Avenue be
moved to Phase V. The rest of the item to remain where it is.
There was some discussion on the four foot right-of-way between the sidewalk and the
fence for the undergrounding of utilities.
The Public Works Director mentioned monitoring the pedestrian activity and if there
were sufficient activity, the City might ask the applicant to put the sidewalk in, with the
installation of conduits but not the light standards. The applicant stated he would not
have any problem with that.
Responding to Council member Kerry, Mr. Bardis stated that the lighting was just to the
vending area but they wanted to extend it so vendors can see to set up. The planning
Director stated there were conditions in phasing and conditions of approval that would
address the lighting item.
It was moved by Council member Age and seconded by Councilmember Nicholson to
authorize the administrative modification to Conditions of Approval Nos. 50 and 51 for
Conditional Use Permit No. 93-12 and the phasing of improvements as proposed in
Exhibit "B," with the construction of the "eight foot sidewalk along Katella Avenue"
under Phase II, Item NO.1 to be moved to Phase V. 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. 9708-
9930: It was moved by Councilmember Nicholson and seconded by Councilmember
Kerry to approve the Warrants No. 9708 through 9930 in the amount of $880,080.87. 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 11:00 p.m. to enable the Council
to act as the Redevelopment Agency. The meeting reconvened at 11:11 p.m. with all
Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
11
CITY COUNCIL MINUTES
May 9, 1994
ADJOURNMENT: Mayor partin adjourned the meeting at 11:13 p.m. to 5:30 p.m. Monday,
May 16, 1994, in the Administrative Conference Room.
~p~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
J~~
CI CEO HE CI OF CYPRESS
12
Z- 9/2
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131
13~
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 16, 1994
An Adjourned Regular Meeting of the Cypress City Council was
called to order at 5:37 p.m., Monday, May 16, 1994, in the
Administrative Conference Room, West Wing, Civic Center, 5275
Orange Avenue, Cypress, Mayor Partin presiding.
PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and
Partin
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, Finance
Director Richard Storey and Community Development Director Chris
Eynon.
ORAL COMMUNICATIONS: No one wished to speak.
BUDGET WORKSHOP:
The City Manager and the Finance Director reviewed the
preliminary 1994/95 Budget and presented copies of the impacts on
individual departments to the City Council.
The Council considered the revenue summaries and they discussed
alternative revenue sources, including the creation of Lighting
and Landscaping Maintenance Districts.
Council also reviewed the proposed Redevelopment Budget with the
City Manager, Finance Director and Community Development
Director.
RECESS: Mayor Partin recessed the meeting at 7:34 p.m. to enable
the Council to enter into Closed Session to discuss matters of
personnel. The meeting reconvened at 9:35 p.m. with all
Councilmembers present.
ADJOURNMENT: Mayor Partin adjourned the meeting at 9:40 p.m.
~~t:~RESS
ATTEST:
crt~9'la{t AH~1ITY OF CYPRESS