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Minutes 94-05-23 -/133 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 23, 1994 The Regular Meeting of the cypress City council was called to order at 5:37 p.m., Monday, May 23,1994, in the Council Chamber, 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 cavanaugh and staff members Bandurraga, Christoffels, Decarlo, Eynon and storey. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Mr. John Olson, Video Coordinator, provided the Council with a brief orientation on the use of the Council Chamber's new audio system. CONSIDERATION OF AWARD OF CONTRACT FOR ALARM ORDINANCE ADMINISTRATION: The City Manager asked Police capt. Bandurraga to review the staff report dated May 5, 1994, which sought to renew the present contract with City Permit systems to administer the City's alarm ordinance. City Permit systems has agreed to administer the ordinance for 40% of the fee for each alarm permit and 40% for false alarm fees collected up to $50,000 on an annual basis. The Finance Director reported that the City has received $22,000 by virtue of the alarm ordinance. It was moved by Councilmember Bowman and seconded by Council member Nicholson to authorize a one year renewal of the existing contract for alarm ordinance administration to City Permit Systems, 424 Glenneyre, Laguna Beach, CA 2651, effective JUly 1, 1994 and to be paid with funds from account no. 4189-11-174-05. 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. Councilmember Kerry asked that Item No.8, Consideration of DeSign Review Committee NO. 94-9, Second story Addition, 4038 Cardiff Drive be pulled. Councilmember Bowman requested that Items NO.9 and 11, Consideration of Modification of cypress corporate Center Landscape Maintenance District NO.1 for the Landscaped Berm on the North Side of the Stanton Channel, City of cypress Project NO. 8615-90 and Consideration of Authorization for Staff to Proceed With the Process of Forming a 1972 Landscaping and Lighting Assessment District in Lieu of the Current 1919 Lighting Assessment District, respectively, be removed from the Consent Calendar. It was moved by Council member Kerry and seconded by Councilmember Bowman to approve the Consent Calendar Items NO.2 through 14, with the exception of Items 8,9 and 11. 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 Special Meeting of May 2, 1994, Regular Meeting of May 9, 1994, and the Adjourned Regular Meeting of May 16, 1994. Recommendation: That the City Council approve the Minutes of May 2, 1994, May 9, 1994, and May 16, 1994, as submitted. Item NO.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title only and to Waive Further Reading. ~ 134 CITY COUNCIL MINUTES May 23, 1994 Item NO.4: Consideration of Adoption of Resolution Commending Eagle Scout Aaron Kiatsiang Oei. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending BOY Scout Aaron Kiatsiang Oei on attaining the rank of Eagle Scout. RESOLUTION NO. 4305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT AARON KIATSIANG OEI ON ATTAINING THE RANK OF EAGLE SCOUT. Item NO.5: Consideration of Proclamation commemorating the 50th Anniversary of the Allied Landings in France on June 6, 1944. Recommendation: That the Mayor and City Council officially proclaim June 6, 1994, as a day of special remembrance in commemoration of the 50th Anniversary of the Allied landings in France on June 6, 1944. Item NO.6: Consideration of Continuous Employment List - Police Officer (Lateral Entryl. Recommendation: That the City Council receive and file the Continuous Employment List for the position of Police Officer (Lateral Entry). Item NO.7: Consideration of Adoption of Resolution Commending Eagle Scout Raymond Jeremy Sun. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scout Raymond Jeremy Sun on attaining the rank of Eagle Scout. RESOLUTION NO. 4306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT RAYMOND JEREMY SUN ON ATTAINING THE RANK OF EAGLE SCOUT. Item NO. 10: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Texaco Refining & Marketing, Inc., D.B.A. Texaco Food Mart, 6000 Cerritos Avenue, cypress. Recommendation: Receive and file. Item NO. 12: Consideration of a Resolution Establishing the City's APpropriation Limit. Recommendation: That the City Council adopt the Resolution by title only, title as fOllows, establishing the City's appropriation limit to be $25,930,255. RESOLUTION NO. 4307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 1994-95 FISCAL YEAR. Item NO. 13: Consideration of Assembly Bill 3156 (Tucken - Emergency Medical services, county Control. Recommendation: That the City Council authorize staff to draft a letter in opposition to Assembly Bill 3156 for the Mayor's signature to be sent to the appropriate Assemblypersons of the Assembly Ways and Means Committee at the State capitol. Recreation & Park District Matters: Item No. 14: Consideration of a Resolution Establishing the cypress Recreation and park District's Appropriation Limit. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title onlY, title as follows, establishing the District's appropriation limit to be $2,885,156. 2 " "r35 CITY COUNCIL MINUTES May 23, 1994 CRP NO. 182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO GOVERNING BOARD OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1994-95 FISCAL YEAR. END OF CONSENT CALENDAR Regarding Item NO.8, Consideration of DRC NO. 94-9, Second story Addition, 4038 Cardiff Drive, Councilmember Kerry stated she was originally opposed to the second story addition and wished to vote separately on this item. It was moved by Councilmember Age and seconded by Council member Nicholson to receive and file Design Review Committee No. 94-9, subject to the conditions in Exhibit "A" attached to the staff report dated May 12, 1994. 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 In regard to Item NO.9, Consideration of Modification of cypress corporate Center Landscape Maintenance District NO.1 for the Landscaped Berm on the North Side of the Stanton Channel, City of cypress project No. 8615-90, Council member Bowman asked if there had been a change. The PUblic Works Director clarified that if should read, "renewal" rather than "modification." It was moved by Councilmember Bowman and seconded by Nicholson to adopt the Resolution by title only, title as follows, ordering the City Engineer to prepare a report concerning modification of Cypress corporate Center Landscape Maintenance District NO.1 for the maintenance of the landscaping and irrigation system on the berm on the North side of the Stanton Channel. RESOLUTION NO. 4308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ORDERING THE PREPARATION OF A REPORT IN CONNECTION WITH THE MODIFICATION OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1. 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 No. 11, Consideration of Formation of a 1972 Landscaping and Lighting Assessment District, Councilmember Bowman suggested that this item be considered during the 7:30 portion of the May 23, 1994 agenda as Item No. 28A. Hearing no objection, Mayor partin so ordered. ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Council member Bowman and seconded by Council member Nicholson to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending the zoning Code Sections 8, 10.1.B. and 10.3.B. ORDINANCE NO. 916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE ZONING CODE 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 3 136 CITY COUNCIL MINUTES May 23,1994 It was moved by Councilmember Nicholson and seconded by Councilmember Age to order the following Ordinance read by title only, title as follOWS, and to adopt the Ordinance amending Ordinance No. 640, the zoning Ordinance of the City of cypress. ORDINANCE NO. 917 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 carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin 1 COUNCILMEMBERS: Kerry o COUNCILMEMBERS: None It was moved by Councilmember Nicholson and seconded by Council member Age to adopt the Resolution by title onlY, title as follows, appointing the City Attorney and authorizing execution of Agreement. RESOLUTION NO. 4309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPOINTING THE CITY ATTORNEY AND AUTHORIZING EXECUTION OF AGREEMENT WITH ROURKE, WOODRUFF & SPRADLIN. 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, approving CUP No. 94-8. RESOLUTION NO. 4310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-8 - WITH CONDITIONS (CONTRACTOR'S STORAGE YARD, 8911 ELECTRIC STREETJ. The motion unanimously carried by the following roll call vote: AYES: NOE5: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Bowman and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving CUP No. 94-9. RESOLUTION NO. 4311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 94-9 - WITH CONDITIONS (UPDATE THE EXTERIOR FACADE OF EXISTING JACK-IN-THE-BOX, 5011 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Council member Bowman passed out a letter indicating that the Cypress High School Grad Nite is short of funds and he would like to add this item to the Agenda. It was moved by Councilmember Bowman and seconded by Council member Nicholson to add this item as 28B. The motion unanimously carried by the following roll call vote: 4 - ,-.. i 0,.' 137 CITY COUNCIL MINUTES May 23, 1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The City Manager spoke of an item that appeared subsequent to the preparation of the Agenda concerning legislation AB 3217 with a memorandum from the City Attorney and he asked that it be added to the Agenda. It was moved by Council member Kerry and seconded by Councilmember Nicholson to add this as Item 28C. 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 Manager passed out a memo on Item No. 22, the PUblic Hearing on Conditional use permit No. 89-17. CLOSED SESSION: Mayor Partin recessed the meeting at 5:55 p.m. to enable the Council to enter into Closed Session to discuss matters of personnel and litigation. The meeting reconvened at 7:40 p.m. with all Council members present. Also present were staff members Bacock, Bandurraga, Christoffels, Decarlo, Eynon and storey. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Mayor pro Tem Nicholson. PRESENTATIONS: Mayor Partin presented a Community Service Plaque to paul Angers, former Alternate to the Senior Citizens Commission. Ms. Alta Duke, representing the California Parks and Recreation society District x, presented a Volunteer Service Award to the CUltural Arts Plan Committee. Mayor partin recessed the meeting so greetings could be given to former Police Chief Orbrey Duke. The meeting reconvened at 7:50 p.m. with all Council members present. proclamations Commemorating the 50th Anniversary of the Allied Landings in France on June 6, 1944 were presented by Mayor Partin to representatives of the Cypress V.FW. Post No. 9847. Representatives from the American Legion Post NO. 295 were unable to attend the meeting. The the Adopt-A-Park sign presentation was made to the Rotary Club of Cypress for the maintenance and care of Darrell Essex park. The sign was accepted by Club President Gary Tekely. The next presentation were the awards given to the winners of the Third Annual School Video Contest for all elementary school children in the City of cypress. CATV Commissioners spurgeon and Giampapa presented the awards and the Grand prize was presented to st. Irenaeus by Mr. John Chapman of Mitsubishi. Time was provided for a picture taking session and the meeting was reconvened by Mayor Partin at 8:30 p.m. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, cypress, stated he was present on behalf of Action Alignment requesting that some help be given the property owner to cover the landscaped area with concrete. The Planning Director suggested that the property owner come in with a plan and submit it for a pre-design meeting. Ms. Verna Dodson, 5771 La Jolla way, cypress, complained about the air conditioning at the new Senior Center and that nothing has been done for a year. Councilmember Nicholson stated that she had heard about the problems and if the City is going to rent out the facility, the air conditioning needs to be fixed. The Public Works Director reported that an independent air conditioning maintenance firm will assess the capability of the center's system and the architect will also be contacted. Ms. Dodson also expressed concern about not receiving an adjustment on street sweeping fees. 5 - , ", I ~. -.10 138 CITY COUNCIL MINUTES May 23, 1994 Mr. Tom carroll, 5832 Wellson Drive, cypress, spoke about AB 3217, which would authorize video wagering on licensed premises such as the race track with a licensed racing association. Mayor Partin announced that this item is on the Agenda and was added as Item 28C. Mr. Ted Hill, 10001 St. Vincent cr., cypress, commented that there were chalk markings all over the concrete at Essex Park. He asked that the Council talk to the pre-school because he felt the children were not being taught the right things. Ms. Lale Shaver, 3119 W. Acme Place, Anaheim, co-president of PTSA at Cypress High school, reported on their 3rd annual carnival. She expressed her disappointment with the lack of support received for the carnival this year at the Los Alamitos Race Course. She asked for the Council's approval to return the carnival to the Cypress High School campus. She also questioned the permit and police fees charged them as a non-profit organization. The City of cypress made more money on the carnival than the PTSA. MS. Cherie Hippler, 6271 Barbados, cypress, also spoke on the recent PTSA carnival. She stated she could not understand the Council's direction to staff. They barely made any money for a self-supporting grad nite; not enough to add to the SCholarship and disaster preparedness funds. She also stated a refund would be nice. Police Capt. Bandurraga provided a history on the cypress High School carnival. Councilmember Age stated the noise level emanating from the carnival was the major reason why it was not permitted on the high school campus. Councilmember Kerry stated that the City must work as closely with the cypress High School PTSA as they do with St. Irenaeus Festival. She asked for a report from staff on the fees that were paid and an evaluation from PTSA to be placed on the next agenda. Ms. Alice selfridge, 5294 Rome Avenue, cypress, added that cypress High School has a very difficult time fund raising. The carnival has proven to be the only semi-successful way of obtaining funds. She also asked for a partial refund of the fees. Mayor Partin asked the City Attorney to clarify the actions taken to put the additional items on the Agenda. The city Attorney stated that there were several items added to the Agenda, which were the result of information received subsequent to the mailing of the Agenda and before the Council meeting. The Council voted unanimously to place two items on the agenda, i. e., funding for Grad Nite and AB 3217. 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. The City Attorney reviewed discussions held during Closed Session on those agendized items. The Council unanimously voted to reject the claim filed by Neil B. Blair. The City Attorney recommended the City of cypress join an amicus brief on Burger v. City of Morgan Hill, the Council voted four to one to do so. Bya five to zero vote, the Council joined an amicus brief in the Industrial Council v. City of Commerce and a five to zero vote to enjoin the amicus brief in the State of california, San Jose City Attorney's Office v. Acuna. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: REGULATION OF BASIC RATES FOR COPLEY/COLONY CABLEVISION OF CYPRESS CABLE SERVICES AND ADOPTION OF A RESOLUTION ESTABLISHING MAXIMUM INITIAL PERMITTED RATES FOR REGULATED CABLE PROGRAMMING SERVICES AND EQUIPMENT. INCLUDING A REFUND FOR EXCESSIVE RATES: Mayor Partin opened the pUblic hearing. The personnel Director presented the staff report dated May 18, 1994, to which was attached a complete background review of the Copley/Colony completion of the FCC's Form 393 and a recommendation. The Cable Act of 1992 allowed cities, under certain conditions, to regulate basic tier prOgramming, installation costs and equipment rates. Mr. Scott Field of Burke, Williams & sorensen, provided a background on the Cable Act of 1992, which reregulated cable television. Burke, Williams & Sorensen and Diehl Evans & Company were employed by the City of Cypress to review the cable television rates Copley/colony of cypress charges to determine whether they are in compliance with FCC 6 --' .13;7 139 CITY COUNCIL MINUTES May 23, 1994 regulations. The basic service tier should be reduced from the current rate of $11.94 per month to $11.22 per month. The recommended refund order directs copley/colony to take steps within 30 days after Council action. The FCC has announced new regulations which should result in an additional 7% rollback on top of the 10% already dictated. Council member Kerry asked about the area of the community serviced by Paragon Cable. Mr. Field advised that Garden Grove is subject to rate regulation and they have gone through the process. Mr. Pete Eliason, Regional Manager with Copley/Colony, explained how the program mix has changed over the years. The government regulation has asked for more choices which is why there are two different levels of service. They agreed with figures in the ascertainment studY conducted by the City's consultant. Mayor Partin asked if anyone wished to speak in support of or in opposition to the application. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Age to close the public hearing, adopt the Recommendation in the Consultants Report dated May 16, 1994 and adopt the Resolution by title only, title as follows, establishing rates for regulated cable programming services and equipment and ordering a refund. RESOLUTION NO. 4312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING MAXIMUM INITIAL PERMITTED RATES FOR REGULATED CABLE PROGRAMMING SERVICES AND EQUIPMENT, AND ORDERING A REFUND FOR EXCESSIVE RATES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT NO.3 TO CONDITIONAL USE PERMIT NO. 83-2. ADDITION OF POOL TABLES TO EXISTING PRIME TIME PIZZA RESTAURANT. 6191 BALL ROAD: The pUblic hearing was opened by the Mayor. The City Manager asked the planning Director to present the staff report dated April 22, 1994. The application represented a request to add eight pool tables and City approval to extend the hours of serving alcohol from midnight to 2 a.m. for the existing Prime Time Pizza Restaurant at 6191 Ball Road. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 1. Staff is recommending the hours of operation be limited to 1 a.m. Sunday through Thursday and 2 a.m. Friday and saturday. It is staff's opinion that the pool tables will not result in a higher demand for parking and that the existing standard of one space for every 100 square feet is more than adequate for the use. Staff is including a condition which allows the City Council to review and modify the hours of operation should substantiated complaints be received regarding the use or its operation. Notices of the public hearing were published, posted and mailed to all property owners within 300 feet of the SUbject property. To date, staff has not received any comments regarding the proposed project. Council member Nicholson commented that she lives in the area and has talked to the neighbors who have had no problem with the pizza parlor. Councilmember Kerry expressed concern about not having a security guard on the premises during certain hours on certain days. After some discussion on security guards, the Planning Director wrote a draft condition, which read, "Should substantiated complaints be received, a security guard shall be on the premises on Friday and Saturday evenings from 6 p.m. to closing." The apPlicant, David Harvey, 6191 Ball Road, cypress, stated he didn't have a problem with the City making the restaurant safe. currently, he has a security company patrOlling the area at $400 per month. He is on the premises seven days a week, most of his sales are of food and the pool tables facilitate the selling of the food. 7 -~- -'./t 140 CITY COUNCIL MINUTES May 23, 1994 No one wished to speak in support of or in opposition to the application. It was moved by Council member Age and seconded by Councilmember Nicholson to close the public hearing, approve Amendment NO.3 to Conditional Use permit NO. 83-2, Subject to conditions, inclUding the additional condition. 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 AMENDMENT NO.2 TO CONDITIONAL USE PERMIT NO. 89-17, ENCLOSURE OF THE EXISTING PATIO DINING AREA. GOURMET PIE AND PASTRY COMPANY. 4139 BALL ROAD: Mayor Partin opened the public hearing. The Planning Director summarized the staff report dated May 18, 1994, which represented a request to enclose the existing patio dining area of the existing Gourmet Pie & Pastry company. She mentioned that a phone call was received today from Mrs. Robinson and staff had provided a memo on that call. Mrs. Robinson's home is directly behind the restaurant and she voiced her opposition to the enclosure of the patio dining area. The SUbject site is located within a lease area at 4139 Ball Road. In accordance with the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 1, as a minor modification to an existing structure. A Notice of Exemption will be filed for this project upon City Council approval. The existing outdoor patio dining area has operated for approximately three years. To date, no complaints have been received by the City regarding that area. Notices of this public hearing were posted, publiShed and mailed to property owners within 300 feet of the subject parcel. Staff feels the design of the proposed bUilding addition is attractive and compatible with the existing commercial center. As conditioned, staff believed the proposed building addition will not cause any adverse impacts on surrounding properties or land uses. Councilmember Age expressed concern with this request and originally complaints were heard then exactly as they are today. Councilmember Bowman asked what mechanism do the neighbors have to exercise their rights. The Planning Director advised that the uses that expand the present use would be considered. The City Attorney added that the alcohol permit would be subject to scrutiny and the remaining business could be SUbject to the pUbliC nuisance abatement. The applicant, Michael Richards, 4139 Ball Road, cypress, stated that he has addressed all the noise problem issues at the back of the restaurant. The noise level has dropped and many of the problems were not his. Signs have been posted. Gates have been put at each end of the alley but the locks have been cut several times. The trash bins have been enclosed. In response to Councilmember Age, police capt. Bandurraga reported that there has been no increase in activity from the restaurant Most of the noise activity had come from the Alpha Beta. Mr. Richards stated that his old landlord had suggested building a higher wall between the residences and the center. Council member Kerry stated there must some way to break that sound. Councilmember Bowman mentioned that there could be some confusion among the neighbors about where the noise is emanating. The applicant agreed to a condition prohibiting night deliveries. Mr. Richards stated he would work in any way to keep the noise down in the back, but he didn't believe it was all coming from his business. Councilmember Kerry would like to consider an extension to the wall or a secondary wall with more height and suggested a continuation for a report from staff. Councilmember Age stated that, as it stands now, she will vote "no" because she didn't believe Gourmet Pie has been a good neighbor. She would, however, agree to a continuation to give the applicant an opportunity to meet with the neighbOrs to attempt to resolve the noise problems. 8 5-23/;41 CITY COUNCIL MINUTES May 23, 1994 Councilmember Nicholson explained that the complaints are not just coming from Mrs. Robinson. There have been three others and the noise is definitely coming from the restaurant. She suggested that staff look at some type of landscaping that would block the noise. Council member Age suggested the applicant contact Briggeman Disposal for any ideas on trash disposal. NO one wished to speak in support of or in opposition to the application. The applicant agreed to a continuance of the public hearing. After some discussion, Councilmember Nicholson requested that the Alpha Beta be contacted to determine if they are in compliance with the delivery times. It was moved by Council member Age and seconded by Councilmember Nicholson to continue the pUblic hearing to the Council meeting of June 27, 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: EXTENSION OF THE INTERIM URGENCY ORDINANCE ESTABLISHING REGULATIONS ON ADULT BUSINESSES WITHIN THE CITY OF CYPRESS FOR 10 MONTHS AND 15 DAYS: The City Attorney reviewed the staff report dated May 16,1994, which advised that the City Council had adopted a 4S-dav moratorium on adult businesses and provided an exception for adult businesses within specified locational criteria, with a permit and business license. The extension of this interim ordinance is necessary to provide criteria and standards for adult businesses while the City developed permanent zoning and licensing controls over adult businesses. Notice of the public hearing was published and posted in accordance with section 65090 of the California Government Code. Mayor partin asked if anyone wished to speak in favor of or against the ordinance. No one spoke. It was moved by Councilmember Bowman and seconded by Council member Nicholson to close the public hearing and 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. 918 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING ORDINANCE NO. 914 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 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 provided a verbal presentation reporting that a telephone call from Mrs. Doukas, one of the owners, indicating she would be out of town until tomorrow. The BUilding Official went to the site today and trees have been trimmed, landscaping cut back, trimmings stacked in piles on site, trash enclosure continued to have dead tree trimmings stored in them, both the north and east gates are locked and the fence is secure. The graffiti had been painted over, but the drive-thru window was not boarded, the building is not energized and a time line or notification had not been received from the owner as to when additional improvements would be completed. The Building Official further reported that there was more graffiti inside the building. The Planning Director advised that this item could be continued again or act on the publiC nuisance this evening. The building will either have to be improved or demolished. 9 142 CITY COUNCIL MINUTES May 23, 1994 It was moved by Councilmember Bowman and seconded by Council member NichOlson to adopt the Resolution by title only, title as follows, declaring a public nuisance at 10501 Knott Avenue. Unless major repair work is done in 14 dayS, the City will take steps to demolish the structure. RESOLUTION NO. 4313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OFFICIALLY OUTLINING THE DUE PROCESS THAT WAS OFFERED TO THE ASSESSED PROPERTY OWNERS AND DECLARING THAT A PUBLIC NUISANCE EXISTS AT 10501 KNOTT AVENUE, CYPRESS, CALIFORNIA. 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 PROPOSED TRAFFIC IMPACT FEE FOR THE LOS ALAMITOS RACE TRACK SWAP MEET, 4961 KATELLA AVENUE, CYPRESS: The City Manager requested the Public Works Director to present the staff report dated May 10, 1994, which referred to the approval of an outdoor swap meeting located on the Los Alamitos Race Track property at the March 14, 1994 meeting. Included in that staff report was the issue of the traffic impact fee for the use. The amount of the traffic impact fee was calculated without the 35% TOM reduction as the swap meet use is not subject to the same trip reduction plans as the future cypress BUSiness park. All fees paid as part of this swap meet use will become a credit against the fees that will be levied against the future development within the business park. The applicant has agreed to pay the fee in four installments as allowed under the Traffic Impact Fee Ordinance No. 911, with the first payment required to be made prior to the operation of the swap meet. It was moved by Council member Bowman and seconded by Councilmember Kerry to approve the amount of $51,948.00, plus $3,554.00 as required by the Traffic Litigation settlement with the City of LOS Alamitos. 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 RESOLUTIONS AUTHORIZING THE BORROWING OF FUNDS FOR FISCAL YEAR 1994-95 AND THE ISSUANCE AND SALE OF A 1994-95 TAX AND REVENUE ANTICIPATION NOTE: The Finance Director reviewed the staff report dated May 11, 1994, which indicated that the Council had previously authorized City staff to explore the use of Tax and Revenue Anticipation Notes ITRAN) for short-term cash financing and approved the hiring of a Financial Advisor and Bond Counsel. The next step in this financing process is for the Council to authorize the borrowing of funds and the issuance and sale of a 1994-95 TRAN and execute agreements for Notice of Sale, proposal for the Purchase of $3,850,000 City of cypress TRAN and Preliminary OffiCial Statement. Mr. John White, Rauscher, Pierce & Refnus, Inc., reported that the short term interest rates have gone up dramatically and he believed there would be a substantial interest rate spread but not as large as last year's. It was moved by Council member Kerry and seconded by Council member Bowman to adopt the Resolutions by title only, titles as follow, authorizing the issuance of the City'S 1994 TRAN and determining that the City should borrow funds for the FY 1994-95. RESOLUTION NO. 4314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DETERMINING THAT THE CITY OF CYPRESS, CALIFORNIA, SHOULD BORROW FUNDS FOR THE FISCAL YEAR 1994-95 AND AUTHORIZING THE SALE OF 1994 TAX AND REVENUE ANTICIPATION NOTES, IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000; APPROVING THE FORM OF NOTICE OF SALE; AUTHORIZING THE PUBLICATION THEREOF; APPOINTING BOND COUNSEL AND FINANCIAL ADVISOR; AND APPROVING THE PRELIMINARY OFFICIAL STATEMENT. 10 CITY COUNCIL MINUTES . 'I( ';(3 May 23, 1994 RESOLUTION NO. 4315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF THE CITY'S 1994 TAX AND REVENUE ANTICIPATION NOTES, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000; APPOINTING THE PAYING AGENT; AUTHORIZING THE ACCEPTANCE OF THE BEST BID SUBMITTED FOR THE PURCHASE OF THE NOTES; AND AUTHORIZING AND APPROVING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE NOTES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR CONFORMITY FROM THE COUNTY OF LOS ANGELES. DEPARTMENT OF PUBLIC WORKS PROPOSAL TO SELL PROPERTY PARCEL NO. 78.2 - COYOTE CREEK TO FOREST LAWN CEMETERY FOR BURIAL PURPOSES: The City Manager asked the Planning Director to summarize the staff report dated May 13, 1994, which referred to a letter received from the county of Los Angeles stating that the county is considering the sale of their property to Forest Lawn. The letter requested that the City report on the conformity of the site with the City's General Plan for use as an expansion of the cemetery. The proposed use of the property for burial purposes would not conform to the General Plan's "Flood Control Facility" designation. Therefore, this proposal would require an amendment to the Land Use Element of the General Plan requesting that the proposed coyote creek property be designated for "cemetery" use. It was moved by Councilmember Nicholson and seconded by Council member Age to determine that coyote Creek Parcel No. 78.2 is not in conformance with the City of cypress General Plan Land Use Element and instruct staff to submit the Mayor'S letter to the county stating that determination. 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. 9931 - 10153: It was moved by Councilmember Bowman and seconded by Council member Age to approve the list for warrants No. 9931 through 10153 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 In regard to Item 28A, CONSIDERATION OF AUTHORIZATION FOR STAFF TO PROCEED WITH THE PROCESS OF FORMING A 1972 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT IN LIEU OF THE CURRENT 1919 LIGHTING ASSESSMENT DISTRICT, the PUblic Works Director explained that as a part of the budget process, staff explored the possibility of Changing the City'S 1919 Lighting Assessment District to a 1972 Landscape and Lighting Assessment District. The purpose was not to increase any current assessments to residents but provide more flexibility in the use of the existing revenues. Specifically, it would allow the existing revenues received to be utilized for landscape-related maintenance purposes as well as lighting. Council member Bowman commented that essentiallY the City is changing from a 1919 to a 1972 assessment district, which would give the City more flexibility in funding activities. It was moved by Council member Age and seconded by Councilmember Bowman to authorize staff to proceed with the process of forming a 1972 Landscaping and Lighting Assessment District in lieu of the current 1919 Lighting Assessment District. 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 11 '-' .?--I/c::;,.... 144 CITY COUNCIL MINUTES May 23, 1994 Regarding Item 28B, CONSIDERATION OF GRAD NITE, Council member Bowman had presented the Council with a letter from the cypress High School Grad Nite Committee, who indicated that they are short of funds for the June 16 Grad Nite. He suggested that $2000 be taken from the drug asset seizure fund and donated to the Committee for the Grad Nite. Councilmember Age stated she did not agree with this recommendation because cypress High School is not the only school that cypress citizens attend. The Council has to come up with a system so funding one will fund all. Council member Bowman did not have a problem with the logiC of the suggestion, but cypress High School is the only requestor and he is in favor of it. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to contribute $2,000 from the drug asset seizure fund to the cypress High school Grad Nite. Councilmember Kerry remarked that this is a drug-free grad night and the intent is to keep youth off the street. She agreed that other high schools that have Cypress students should also be considered if they do request funds for a Grad Nite. Council member Age stated that unless there is a way that the contribution can be made to high schools across the board, she will vote "no" on the motion. Councilmember Kerry would modify her second if the motion were $7 per graduate to Cypress residents as long as it is to a guaranteed drug-free graduation night and a request is made to the City for that purpose. Council member Bowman commented that it could be done on a formula basis, but that has not arisen and he did not see it as an issue tonight. Councilmember Nicholson would support the original motion and suggested that some consideration be given to a formula for the next year. Council member Bowman said that when Council is talking about the bUdget process and funding out of the Asset Seizure Account, there will be ample time to arrive at a formula. Staff can find out the number of cypress residents attending the public high schools involved. 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 On 28C, CONSIDERATION OF AB 3217, the city Attorney referred to his report reviewing AB 3217 which proposed to amend the Business and Professions Code allowing video gaming devices to be located at various race tracks in the State of California. The bill would allow the licensing of these type of devices on the race track and the State would collect certain fees for their operation. City Council still has time to notify the representatives of their position. Under the language of the bill there is nothing that authorized the cities to collect money for the operation. There is confusion in the bill as to what leverage the cities have and leaves it open ended. The City needs to take a position as either opposing the bill as it is currently written or amending it to allow some flexibility. After additional questions and answers, Council member Bowman mentioned that the City does not have any provisions to allow these gaming devices and can a per station charge be imposed. He suggested that two avenues be explored, i.e., prohibiting the machines or setting up a tax mechanism on them. Mr. Tom Carroll stated that the bill was introduced about three months ago and there are no provisions for revenue for the City. He requested that this information be passed along to the Cypress citizens so they have a basis for making a decision. He asked that the Council provide their input to help the City. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to instruct staff to FAX a letter to the ways and Means Committee and other cities pursuant to the City Attorney's recommendation. 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 11:10 p.m. to permit the Council to act as the cypress Redevelopment Agency. The meeting reconvened at 11:15 p.m. with all Councilmembers present. 12 ~ -- / ~ 1"- ",,' _'vi;........) 1~5 CITY COUNCIL MINUTES May 23, 1994 ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting at 11:15 p.m. to 4:00 p.m., Monday, June 13, 1994 in the Administrative Conference Room. ~F~ MAYOR OF THE CITY OF CYPRESS ATTEST: aTY l~d~,,,ss 13 146' MINUTES OF A SPECIAL MEETING OF THE CYPRESS CITY COUNCIL HELD June 7, 1994 A Special Meeting of the Cypress City Council was called to order at 5:10 p.m., Tuesday, June 7, 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: Councilmembers Age, Bowman, Kerry, Nicholson and Partin ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and Agency Negotiator Nick Nichols of Hamilton & Associates. The City Council immediately went into Closed Session to discuss Labor Negotiations with the Agency Negotiator concerning the Cypress Public Safety Employees Association (Government Code Section 54957.6); Public Employee Discipline (Government Code Section 54957); Public Employee Performance Evaluation for City Manager and City Attorney (Government Code Section 54957) and Conference with Real Property Negotiator for property located at 9371 and 9373 Walker Street (Government Code 54956.8) At 9:15 p.m., reconvened to 9:15 p.m. with all Councilmembers present, the meeting was open session and the Mayor adjourned the meeting at ~/F~ MAYOR OF THE CITY OF CYPRESS ATTEST: C'T~~~'TY 0' CY'RESS