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Minutes 94-06-13 / '(4'7 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 13, 1994 The Regular Meeting of the cypress City Council was called to order Monday, June 13, 1994 at 4:06 p.m. in the Administrative Conference Room, west wing, City Hall, 5275 orange Avenue, cypress, Mayor Richard partin presiding. PRESENT: ABSENT: councilmembers Age, Bowman, Kerry, Nicholson and partin None WORKSHOP SESSION: The city Manager introduced the budget workshop session which would be a summation of the Goals and Objectives. The Police Chief talked about service level differentials in the Police Department from the last budget year and presented the proposed organization chart. The Recreation and Park Director provided a report on Kids' Corner and addressed a major change in his particular organization, which was the elimination of the Administrative Analyst position and the plans for obtaining additional revenue during the next budget year. The public Works Director briefly described some of the Goals and Objectives of the PUblic Works Department and he highlighted the capital projects. The community Development Director advised that they were focusing on economic development thrOugh fast-tracking. The goals and objectives of the Redevelopment Agency was to prepare a five year plan to prioritize projects, and to develop a housing strategy. The Director introduced Glen MCintire who presented the Council with mockups of a proposed City brochure, with City of Cypress lettering and asked for further consideration on the redesign of the City seal, which will be brought back to Council during a workshop session. RECESS: Mayor Partin recessed the meeting at 5:45 p.m. so Council could reconvene in the Council Chamber to continue with the 5:30 p.m. portion of the Agenda. At 5:50 p.m., the meeting reconvened with all Council members present. 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 CONSIDERATION OF AWARD OF CONTRACT FOR PAVEMENT REHABILITATION PROJECT NO. 9304 IKATELLA AVENUE) AND PROJECT NO. 9305 (LINCOLN AVENUE) AND INTERSECTION IMPROVEMENT PROJECT NO. 9310 (KNOTT STREET AT CERRITOS AVENUE); AND CONSIDERATION OF ADOPTION OF RESOLUTIONS REQUESTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDING FOR THE SUBJECT PROJECTS: The City Manager asked the Public Works Director to present the staff report dated May 26,1994, which indicated that eight bids were received for Project NOS. 9304, 9305 and 9310. The pavement rehabilitation projects are approved Arterial Highway Funding Program CAHFP) projects and are eligible for 50% funding from the orange county Transportation Authority. The intersection improvement project is an approved project under the Intersection Improvement program and is eligible for 100% funding from OCTA. It was moved by Councilmember Kerry and seconded by council member Bowman to: 1) find the lowest responsible bidder to be Boral Resources and award a contract for Public Works Project Nos. 9304, 9305 and 9310, in the amount of $247,734.37 (award amount of $225,213.06 plus ten percent contingency) to Boral Resources, 1301 Lexington Avenue, Pomona, CA 92768; 2) Adopt the Resolutions by titles only, titles as fOllOW, requesting the orange county Transportation Authority to fund project Nos. 9304, 9305 and 9310. RESOLUTION NO. 4316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR KATELLA AVENUE BETWEEN MCDONNELL DRIVE AND SIBONEY STREET. 1 148 CITY COUNCIL MINUTES June 13, 1994 RESOLUTION NO. 4317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR LINCOLN AVENUE BETWEEN WATSON STREET AND 700' EAST OF WALKER STREET. RESOLUTION NO. 4318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR KNOTT STREET AND CERRITOS AVENUE; and 3) Authorize an appropriation of $104,000.00 to Account No. 4186-22-405-21 for the rehabilitation of Lincoln Avenue, half from the unreserved fund balance of the Gas Tax Fund 2106, and half from revenues to be received under the OCTA Arterial Highway Financing Program (AHFPl. 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 AWARD OF CONTRACT. ACCEPTANCE OF AGREEMENT WITH THE CITY OF LA PALMA AND CITY OF BUENA PARK AND PURCHASE OF TRAFFIC SIGNAL CONTROL EQUIPMENT FOR THE LINCOLN AVENUE AND WALKER STREET TRAFFIC SIGNAL INTERCONNECT PROJECTS, PUBLIC WORKS PROJECT NOS. 9314 AND 9322: The PUblic Works Director referred to the staff report dated June 1, 1994, which stated that four bids were received for Project NOS. 9314 and 9322 for the purchase of traffic signal control equipment. The agreements between the Cities of Cypress and La Palma and cypress and Buena park define the responsibilities necessary to construct and fund the projects. In an attempt to reduce the time for equipment delivery and avoid contractor markup, the City will purchase the traffic signal control equipment for these projects directly. The equipment will then be provided to the contractor for installation. Council member Bowman asked for a separate vote on the two projects because he would vote "no" on the Walker Street Project. Councilmember Kerry concurred. It was moved by Council member Bowman and seconded by Councilmember Nicholson to: 1. Authorize estimated revenue in the amount of $155,000.00 to Measure M Fund Account NO. 3801-39; 2. Authorize an appropriation in the amount of $240,661.45 from the fund balance of the Measure M Fund Account to Account No. 4186-39-460-22; 3. Find the lowest responsible bidder to be DBX, Inc., and award a contract for the Lincoln Avenue Traffic signal Interconnect project, Public Works project 9314 in the amount of $172,937.00 to DBX, Inc., 42066 Avenida Alvarado #C, Temecula, CA 92590; 4. Approve the agreements between the Cities of Cypress and La Palma and cypress and Buena park; 5. Authorize the Mayor to execute said agreements; and 6. Approve the purchase of traffic signal control equipment for the Lincoln Avenue signal Interconnect projects from IDC TraconexlMultisonics, 3162 E. La Palma Avenue, unit E, Anaheim, CA 92806, in the amount of $67,724.45. 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 2 ( -j.:5 / :.;' !1~~ CITY COUNCIL MINUTES June 13, 1994 It was moved by Councilmember Nicholson and seconded by Councilmember Age to: 1. Authorize estimated revenue in the amount of $155,000.00 to Measure M Fund Account No. 3801-39; 2. Find the lowest responsible bidder to be DBX, Inc., and award a contract for the Walker Street Traffic signal Interconnect project, Public Works Project 9314 in the amount of $265,042.00 to DBX, Inc., 42066 Avenida Alvarado #C, Temecula, CA 92590; 3. Approve the agreements between the Cities of cypress and La Palma and Cypress and Buena park; 4. Authorize the Mayor to execute said agreements; and 5. Approve the purchase of traffic signal control equipment for the Walker Street signal Interconnect projects from IDC Traconex/Multisonics, 3162 E. La palma Avenue, Unit E, Anaheim, CA 92806, in the amount of $154,875.44. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, NiChOlson and Partin 2 COUNCILMEMBERS: Bowman and Kerry 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. Council member Bowman asked that Item No. 10, Consideration of Renewal of Fire Protection Services Agreement, be removed for questions. Councilmember Age requested Item No. 15, Consideration of Employment List - Police Officer - Lateral Entry, be removed. It was moved by Councilmember Age and seconded by Councilmember Bowman to approve the Consent Calendar Items NO.3 through 15, with the exception of Items 10 and 15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.3: Motion to Approve City Council Minutes of Regular Meeting of May 23, 1994 and the Special Meeting of June 7, 1994. Recommendation: That the City Council approve the Minutes of May 23, 1994 and June 7,1994, 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 Adoption of Resolutions commending Eagle Scouts Timothy Wayne Rose and Todd Tomomi Yamasaki. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, commending Boy Scouts Timothy wayne Rose and Todd Tomomi Yamasaki on aChieving the rank of Eagle Scouts. RESOLUTION NO. 4319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT TIMOTHY WAYNE ROSE ON ATTAINING THE RANK OF EAGLE SCOUT. 3 ~ 150 CITY COUNCIL MINUTES June 13, 1994 RESOLUTION NO. 4320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT TODD TOMOMI YAMASAKI ON ATTAINING THE RANK OF EAGLE SCOUT. Item NO.6: Consideration of Proclaiming July 1994, as "Parks and Recreation Month" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim JUly 1994, as "Parks and Recreation Month" in the City of Cypress. Item NO.7: Consideration of Design Review Committee's Approval of DRC #94-10. Recommendation: Receive and file. Item NO.8: Consideration of Adoption of Resolution commending School crossing Guard Helen A. Chochrek. Recommendation: That the City Council adopt the Resolution by title only, title as fOllows, commending Helen Chochrek for 22 years of service as a School Crossing Guard. RESOLUTION NO. 4321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING HELEN A. CHOCHREK FOR TWENTY-TWO YEARS OF SERVICE TO THE COMMUNITY AS A SCHOOL CROSSING GUARD. Item NO.9: Consideration of Employment List - Police Dispatcher 1/11. Recommendation: That the City Council receive and file the Employment List for the position of Police Dispatcher 111I. Item No. 11: Consideration of support by Resolution for a Countywide Recycling Market Development Zone Program. Recommendation: That the City Council adopt the Resolution by title only, title as follows, supporting the inclusion of the City into a Countywide Recycling Market Development Zone Program. RESOLUTION NO. 4322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE INCLUSION OF THE CITY INTO A COUNTYWIDE RECYCLING MARKET DEVELOPMENT ZONE PROGRAM. Item No. 12: Consideration of Acceptance and Assessment for Abatement of Seasonal and ReCurring Weeds for Phase II of the 1993/94 program. Recommendation: That the City CounCil: 1) Accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; 2) Adopt the Resolution by title only, title as follows, confirming the weed abatement assessments and imposing special assessment as a lien on the parcels listed on Exhibit "A"; and 3) Approve the contract cost with Edwin webber, Inc., 8472 Rembrandt Drive, Huntington Beach, California 92647, in the amount of $7,557.53. RESOLUTION NO. 4323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 13: Consideration of Animal Control Services Contract. Recommendation: That the City Council approve the 1994/95 Agreement for Animal Control and Shelter Services with the County of orange and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Attorney. 4 c ; '15i CITY COUNCIL MINUTES June 13, 1994 Item No. 14: Consideration of Approval of City Engineer's Report for cypress corporate Center Landscape Maintenance District NO.1 and Declaration of Intention to Order the Renewal of Said Maintenance District NO.1 for Fiscal Year 1994-95, City of Cypress Project No. 8615-90. Recommendation: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving the City Engineer's Report, dated June 1, 1994, for cypress corporate Center Landscape Maintenance District NO.1; and 2) Adopt the Resolution by title only, title as follows, declaring the Council's intention to order the renewal of Cypress corporate Center Landscape Maintenance District NO.1 for Fiscal Year 1994-95, and setting a Public Hearing on JUly 11,1994, pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 4324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE CITY ENGINEER'S REPORT, DATED JUNE 1, 1994, FOR CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 1994-95. RESOLUTION NO. 4325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 1994-95, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. END OF CONSENT CALENDAR Regarding Item No. 10, Fire Protection Services Agreement, Council member Bowman asked if all of the cost was from augmentation funds. The Finance Director replied in the affirmative. Councilmember Bowman asked that a breakdown of the cost be made available to the Council. The City Manager said he will send that information out under separate cover. It was moved by Council member Bowman and seconded by Council member Kerry to approve the Extension of the Agreement between the City and orange County for fire protection services for a one-year period, commencing JUly 1, 1994, and authorize the Mayor to sign and the City Clerk to attest the subject agreement, subject to the approval as to form by the City Attorney. 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. 15, Employment List for Lateral Entry Police Office, Council member Age asked if the list was from the original 100 applicants. The Personnel Director stated that there has been continuous recruitment and there are several lists of prospective employees. It was moved by Councilmember Age and seconded by Councilmember Nicholson to receive and file the Employment List for the Police Officer - Lateral Entry. 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 Kerry and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving the amendment to CUP NO. 83-2. 5 162 CITY COUNCIL MINUTES June 13, 1994 RESOLUTION NO. 4326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 83-2 - WITH CONDITIONS. (PRIME TIME PIZZA RESTAURANT, 6191 BALL ROAD> The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at 6:00 p.m. to enable the Council to enter into a Closed Session to discuss those personnel items listed on the agenda. The meeting reconvened at 7:40 p.m. with all Councilmembers present. Also present were staff members Bacock, Christoffels, DeCarlo, Eynon, storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Age. PRESENTATIONS: Mayor Partin presented a proclamation to Mrs. Margaret Digiacinto, Vice Principal of St. Irenaeus school on the observance of their 30th anniversary. The Mayor then presented a Resolution of Commendation to Helen Chochrek for 22 years of service as a school crossing guard. Mr. Richard sewell, Coordinator of corporate/Government services, Volunteer Center of Greater orange County, presented an official flag commemorating the City'S participation in the second annual Volunteer connection Day. Mayor Partin announced that the following organizations had made donations to the D.A.R.E. program: Cypress school District, $1,600 and cypress Rotary Club, $500 to the Childrens' Advocacy Council. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, said he presented his plan for Action Alignment to the Planning Department and subsequently, his plan was rejected. Mayor Partin advised that the Council has not seen any plans. The Planning Director commented that the request to remove the landscaping was the street setback landscaping, which would be inconsistent with City Code, and the only way it can be removed is to request a variance. Mr. John Mccormick, 9130 Esther street, Cypress, stated that he had read that the City was going to adopt an ordinance restricting adult businesses. He asked why the City didn't address the newsstands with questionable written material in front of the post office as other cities have. The City Attorney advised that there were parameters on restrictions and he is working on a proposed ordinance. Mr. Doug DeBurgh, 4276 Via Norte, Cypress, Bishop of the Cypress First Ward of the LDS, remarked that he was present representing the members of the cypress-area Ecumenical Coalition. He read a letter addressed to Mayor partin commending the Council for taking a proactive stance on the regulation of adult businesses in cypress. Ms. paula English, cypress, spoke about the problem occurring with Kids' corner. She suggested that a meeting be set up with all the people involved. councilmember Kerry responded that she had met with the parent group and staff. Mr. John parker, 9276 salisbury Lane, cypress, stated that it appeared that the City Manager and the personnel Director were completely unable to handle labor issues in the City, specifically, the resignation of five out of six people from Kids Corner. Mr. Gerald creager, 4701 Ariano Drive, Cypress, thanked the Mayor for attending his son's Eagle Scout Court of Honor. He went on public record to apprise the City regarding his 6 ( l53 CITY COUNCIL MINUTES June 13, 1994 wife Sue creager. Legal counsel had been consulted to pursue the legal options regarding the hostile and deliberate incident in Darrell Essex Park on June 10, which may result in a class action suit. The City Attorney then advised the Council that no communication be instituted at this time since there has been a threat of litigation. The City Manager reported on the budget workshop held at 4:00 p.m. for the budget for the Fiscal Year 1994/95 with all the Department Heads reviewing their the Goals and Objectives. He then reviewed the actions taken by the Council during the 5:30 portion of the Agenda. The City Attorney reviewed discussions held during Closed Session on Public Employee DiSCipline (Government Code Section 54957) and Labor Negotiations with the cypress PUblic Safety Employees' Association (Government Code Section 54957.6l. The Council will continue with the Closed Session after conclusion of the open session and will also discuss the public comments made by Gerald creager under Government Code 54956.9 as determined by the City Attorney that there is a significant exposure to litigation. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. NO one wished to speak. PUBLIC HEARINGS: CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - JAMSHID HAJIMOMEN. REPRESENTING THE COUNTRY-FED MEAT CO.. INC.: Mayor Partin declared the public hearing open. The City Manager presented the staff report dated June 8, 1994, which represented a request by Jamshid Hajimomen of CountrY-Fed Meat co., for a Special Permit to allow door-to-door solicitation for the sale of meat products. The Affidavits of Publication and Posting of the public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this Special Permit application. Attached was a copy of the Police Department's report of their investigation. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. Responding to Council member Age, the City Manager advised that previously there had been a different applicant who worked for the same company. Mr. Jamshid Hajimomen, 1541 Harmony Circle, Anaheim, stated that country-Fed delivered a high-quality product, a one year unconditional guarantee, and home delivery at better priCing than discount stores. Mayor Partin asked if anyone wished to speak either for or against the application. Mr. Reynold Elkin, 4034 orange Avenue, cypress, was not in favor of the door-to-door solicitation. No one else wished to speak. Responding to Councilmember Bowman, the City Manager reported that currently the City does not have any organizations soliciting door-to-door for food. He advised that this same meat company had applied for a permit some months ago and had been denied. This applicant was advised, but he wished to address the issue again. It was moved by Council member Age and seconded by Councilmember Nicholson to close the public hearing and deny the application for the Special Permit. Councilmember Age remarked that this application had been denied in the past and she did not feel comfortable with the door-to-door solicitation of meat because it would be difficult for the City to monitor. The motion unanimously carried by the following roll call vote: 7 154 (; CITY COUNCIL MINUTES June 13, 1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Councilmember Kerry stated she voted "no" because of the public health and safety concerns that she had. CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 94-132. 6300 KATELLA AVENUE: The public hearing was opened by Mayor Partin. The City Manager asked the Planning Director to summarize the staff report dated May 20, 1994. The application represented a request to subdivide a 6.2 acre site into two parcels, consisting of 4.4 acres and 1.2 acres, respectivelY, located at the southeast corner of Katella Avenue and Hope Street. This area is governed by the Cypress Corporate Center specific Plan. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 15. It has been determined the proposed subdivision meets the intent, required minimum parcel size and all related development standards required by the cypress corporate Center Specific Plan, Cypress zoning Code and Subdivision Ordinance. Notice of the public hearing was published, posted and mailed to all property owners within a 300 foot radius of the subject property. To date, staff had received no comments on this matter. Mr. Rick Shawne, 911 Ashford cr., corona, representing the applicant, stated they have reviewed and concur with the conditions of approval. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the pUblic hearing and approve Tentative parcel Map NO. 94-132, 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 AMENDMENT TO CONDITIONAL USE PERMIT NO. 93-12. ADDITION OF BEER AND WINE TO OUTDOOR SWAP MEET. 5303 KATELLA AVENUE: Mayor Partin opened the public hearing. The Planning Director reviewed the staff report dated May 24,1994, which represented a request to add the sale of beer and wine to the proposed outdoor swap meet located at the northwest corner of Katella Avenue and Walker street, adjacent to the Los Alamitos Race Track. This project has been determined to be exempt from the provisions of the California Environmental Quality Act because it is not a project in that there is no potential for impact on the physical environment. As part of the approval for an interim outdoor swap meet, a condition was included which required the applicant to secure a separate license from the Department of Alcoholic Beverage Control if the sale of alcohol was to be proposed. At this time, the applicant is requesting the addition of beer and wine to the swap meet operation similar to what is offered at both the orange County Fairgrounds swap Meet and the Santa Fe springs Swap Meet. Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. A copy of the pUblic hearing notice was also sent to the City of Los Alamitos as an adjacent jurisdiction. TO date, staff has received no comments regarding this matter. Councilmember Age asked if it would be appropriate to listen to this public hearing after Item 21 on the Agenda regarding DRC No. 94-11, Concession and Restroom Buildings for the swap Meet. The City Attorney advised that a motion could be made to take this item out of order as a separate pUblic hearing item, consider DRC No. 94-11 and then call for and act on the pUblic hearing item. It was moved by Council member Bowman and seconded by Council member Age to consider this publiC hearing after Item No. 21. 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 8 ( 155 CITY COUNCIL MINUTES June 13, 1994 CONTINUATION OF CONSIDERATION OF A REQUEST FOR POLICY DIRECTION REGARDING TEMPORARY WINDOW SIGNS: The staff report dated June 6, 1994 had requested this item be continued to the meeting of June 27, 1994; however, Councilmember Bowman would not be in attendance at that meeting and be requested this item be continued to July 11,1994. It was moved by Councilmember Nicholson and seconded by Councilmember Age to continue this item to the meeting of July 11, 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 DESIGN REVIEW COMMITTEE NO. 94-11, CONCESSION AND RESTROOM BUILDINGS FOR LART SWAP MEET: The Planning Director summarized the staff report dated June 8, 1994, which indicated the Council had approved CUP No. 93-12 for an interim outdoor swap meet located on the southeast corner of the LOS Alamitos Race Track property. Because the site plan was not detailed enough to approve other than in concept only, Condition No. 30 was included to require that a Design Review application be submitted and approved prior to the operation of the Swap Meet in order to more precisely illustrate each aspect of the operation. In accordance with the requirements of the California Environmental Quality Act, a Mitigated Negative Declaration was approved for Conditional Use permit No. 93-12 for the swap Meet use. Therefore, this project does not require further environmental review. The concessions and restroom buildings, which were not covered as part of Conditional Use Permit NO. 93-12, have been determined to be Categorically Exempt, Class 11. The plans submitted with this Design Review Committee application include a site plan, floor plan for the concessions and restroom buildings, conceptual parking lot layout and elevations of the concessions and restroom buildings. In reviewing the plans submitted for this application, the Design Review Committee expressed concerns regarding the parking lot layout, exterior elevations and the aesthetics of the concession and restroom buildings. Business Park property owners requested review of the elevations of the proposed buildings and after reviewing the initial proposed elevation, expressed concern with the festive tent- like appearance of the proposed buildings and the pOSSible impact on the Business park. The PUblic works Department is still in the process of reviewing the traffic control Plan and, therefore, approval of the final parking lot and ingress and egress layout shall be conditioned to conform to the requirements of the traffic control plan with final approval by the Director of PUblic Works. The City of Los Alamitos met with staff and as a follow-up to that meeting they submitted a letter requesting the addition of ten conditions of approval of DRC NO. 94-11. Staff reviewed the conditions proposed and prepared recommendations, which have been included as written or omitted. After a question and answer period of staff, Council member Age asked if there would be a condition on enClosing the dumpsters. Mr. Lloyd Arnold, LOS Alamitos Race Track Swap Meet, 5303 Katella Avenue, cypress, responded to Council member Age and stated that the dumpsters are dumped every night by 7:00 p.m. into their compacting system. He expressed a concern about the condition prohibiting the vendors from entering the property off of Katella Avenue. He felt that it would be easier for everyone to turn in off Katella Avenue at 5 and 6 a.m. where there is a signal and he asked how it would be policed. The Public Works Director said that the condition is designed to address the City of LoS Alamitos' concern. The vendor set up area is off of Walker so it makes sense to have the entrance off of that location. Responding to Councilmember Age, the Public works Director answered that this condition could be restated so there could be an early review period. Mr. Arnold would have no problem with the condition if there was an early review. Also, Mr. Arnold commented that if Council does not like the roof on the concession stand, tell him what they want. After further discussion, Councilmember Age asked if Council could approve DRC 94-11 tonight, and have the exterior facade of the restroom and concession building and the parking come back to the Council. The Planning Director replied in the affirmative. 9 C _liD 156 CITY COUNCIL MINUTES June 13, 1994 Council member Bowman asked the applicant if he would agree to adding "trash collectors" to Condition NO.3. Mr. Arnold concurred. Council member Age asked that if there are complaints about noise on Cerritos Avenue, staff should bring that to Council's attention earlier than 60 days. It was moved by Councilmember Age and seconded by Council member Nicholson to approve Design Review Committee 94-11, subject to conditions which included the opportunity for final review and approval of the building elevations by the City Council and final review and approval of parking and circulation layout by the Director of Public Works. 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 CONSIDERATION OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 93-12. ADDITION OF BEER AND WINE TO OUTDOOR SWAP MEET. 5303 KATELLA AVENUE, the applicant, Lloyd Arnold, stated they are asking for a beer and wine permit, but he advised that he had a problem with the fencing of the sales area. The Police Chief clarified that was not a condition of the report; it referenced fencing the entire vendor area and there is no inter-perimeter requirement. Mayor Partin opened the hearing for those who wished to speak in support of or opposition to the application. He noted that each Councilmember had received a call from Bernice Place who registered her opposition to the sale of beer and wine at the swap meet. Mr. John parker suggested that it would be prudent to review this activity after six months to one year and then consider the beer and wine permit. Mrs. Lauretta callendar, 9408 Danbury Street, Cypress, asked if it were common practice to allow beer and wine at swap meets. Councilmember responded that there were some other swap meets that sold beer and wine. No one else wished to speak. Councilmember Bowman asked the City Attorney if the condition stated in the staff report as condition No. 18 (which should be Condition NO.7 of the Amendment! in the Analysis related to section 3.b'(2) of the resolution. He didn't want to have the City limited only to an annual review. The City Attorney advised that the City has the right to review under both conditions otherwise it will be reviewed annually. After discussion, the City Attorney modified Section 3.b.(2l to include the term "revoke" and add a Condition NO.8 to read, "Notwithstanding the conditions of Condition No.7, the City Council maintains the right to review the sale of beer and wine." It was moved by Council member Age and seconded by Council member Nicholson to close the public hearing and adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 93-12, subject to conditions in Exhibit "A," including the added Conditions NO.7 and 8 and adding the word "revoke" to Section 3.b.<2l of the resolution. RESOLUTION NO. 4327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 93-12 - WITH 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 RECESS: Mayor partin recessed the meeting at 9:37 p.m. and reconvened at 9:50 p.m. with all Councilmembers present. 10 I 15/ CITY COUNCIL MINUTES June 13, 1994 CONSIDERATION OF CITY POLICY REGARDING THE WAIVER/REFUND OF FEES TO NON-PROFIT ORGANIZATIONS FOR CIRCUS/CARNIVAL PERMITS: The Planning Director summarized the staff report dated June 8, 1994, which was in response to public comments received at the City Council meeting on May 23,1994. AS a result of staff's analysis, if the Cypress High School PTSA wished to apply for a waiver/refund of their 1994 circus/carnival permit fee in the amount of $150.00, they may do so by submitting a written request to the Planning Director as stipulated in the Cypress City Code. The PTSA may also submit a written request for a refund of the 1994 building (electrical) permit fees in the amount of $120.00, subject to City Council approval. City policy does not contain a provision for the refund of pOlice service fees. It was moved by Councilmember Kerry and seconded by Council member Age to receive and file the report, direct staff to process the refund of the $120.00 building (electrical) permit and the $150.00 circus/carnival permit fee paid for the 1994 cypress High School PTSA Carnival. Councilmember Age asked that the PTSA also be informed that it is customary for the organizations to pay for the police services. Council member Kerry asked that staff advise the PTSA to request waivers for these permits in the future. 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 A REQUEST FROM THE ST. IRENAEUS FIESTA COMMITTEE FOR WAIVER OF FEES FOR THE ST. IRENAEUS CATHOLIC CHURCH'S 31ST ANNUAL FIESTA: The City Manager asked the Planning Director to review the staff report dated May 23, 1994, indicated a request had been received from the Pastor of St. Irenaeus Church to waive all fees connected with the Church's 31st Annual Fiesta to be held on June 25 and 26, 1994. Similar waivers have been granted by the City Council in the past, with the condition that no-fee building and electrical permits be obtained for the carnival activities. It was moved by Councilmember Age and seconded by Councilmember Kerry to grant the request to waive the Carnival permit fee of $150.00 for the St. irenaeus Catholic Church's 31st Annual Fiesta to be held on June 25 and 26, 1994 and waive the building permit fee of $276.00. 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 CATV COMMISSION RECOMMENDATION ON THE DELETION OF ONE PUBLIC, EDUCATION. & GOVERNMENTAL CHANNEL: The City Manager asked the Personnel Director to summarize the report dated June 7, 1994, providing a brief background on the shared daily programming of two religious networks, VISN and EWTN. TO address the concerns of complaining subscribers, the Commission's recommendation was to release one Of six PEG Channels, channel 59 and thereby provide to Copley/Colony the unrestricted use of the channel. Additionally, the Commission recommended to encourage copley/colony to program both the VISN channel and EWTN 24 hours per day. staff is recommending a delay in taking action on the CATV Commission's recommendation until the meeting of June 27, 1994 to allow for both CopleY/COlony and the City'S Cable Consultant to determine the impact of the recommendation as it relates to the new Cable Act of 1992 and FCC Form 1200 regulations. Mayor Partin suggested that this item be referred back to the Commission for a more in- depth analysis of what this channel change will entail. He would like information on viewership of the programs, financial impact to Copley/colony and the City and he believed a continuance was in order. Rev. Fredrick Glass, 9210 Whitney way, Cypress, a CATV Commissioner, referred to his report, which was attached to staff report, and those conditions in that report to be discussed with Copley/ColOny, that would specifically answer the Council's questions. He expressed reservation with the staff's recommendation and referenced paragraph two of that report. He volunteered to answer any other questions from the Council. Council member Kerry mentioned the inordinate amount of home shopping channels on the Copley/Colony network. 11 ( .::/3 l59 CITY COUNCIL MINUTES June 13, 1994 It was moved by Council member Nicholson and seconded by Councilmember Age to approve the first reading of the Ordinance by title only, title as follows, amending section 15-30 of the Code of the City of Cypress increasing the business tax rate schedule. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 15- 30 OF THE CODE OF THE CITY OF CYPRESS, INCREASING THE BUSINESS TAX RATE SCHEDULE. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry CONSIDERATION OF UPDATE ON THE SENIOR CENTER AIR CONDITIONING SYSTEM: The City Manager referenced the staff report dated May 25, 1994 prepared by the Director of Public Works. Bear state, the City's HVAC maintenance contract, tested the system at the Senior Center and has made several findings. The contractor has been notified that if the repairs are not made in a timely manner, they will be undertaken by the City's HVAC maintenance contractor and costs billed to him. It was moved by council member Nicholson and seconded by Council member Age to receive and file the report. 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 AUTHORIZATION TO DELAY THE VALLEY VIEW MEDIAN MOW STRIP PROJECT AND TO UTILIZE THE PROJECT'S BUDGETED FUNDS TO MAKE STRUCTURAL MODIFICATIONS TO THE CITY YARD'S TRASH TRANSFER PIT AND PAINT STORAGE OPERATIONS: The City Manager requested the Public Works Director to summarize the staff report dated May 25,1994, which outlined the steps that will be taken to address complaints from residents along the west border of the City Yard regarding the trash transfer pit and paint storage operations. The estimated cost for these City Yard modifications is $54,100. To fund these improvements, staff is requesting that the City Council authorize the delay of a budgeted $100,000 project to construct median mow strips on Valley View Street and the use of these funds to make the recommended changes to the City Yard. The PUblic Works Director indicated that prior to proceeding with the project, staff will be conducting a neighborhood meeting to discuss the proposed modifications and obtain concurrence on the actions being taken. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to authorize staff to delay the valley view Median MOW strip project, and to utilize the project's budgeted funds to make the following structural modifications to the City Yard's trash transfer pit and paint storage operations, to both address the residents' complaints and our current operational needs. 1. Construct an additional transfer pit specifically designed to handle the "lowboy" trash roll-off bins, and locate it in the center of the Yard adjacent to the existing wash rack well away from the residential properties on the west. 2. Enclose a portion of the east end of the Yard's north parking structure for paint storage. 3. Re-pave the southwest end of the Yard which was left unpaved after the recent fuel tank repair work, following structural modifications to the City Yard's trash transfer pit and paint storage operations. The motion unanimously carried by the following roll call vote: 13 160 1" CITY COUNCIL MINUTES June 13, 1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Council member Kerry asked that when this item comes before Council again, that Mr. Kernes be advised of that meeting. CONSIDERATION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS: The Finance Director presented the staff report dated May 26, 1994, which described three promissory notes the City has with the Agency that will mature on June 15, 1994. Based on the Agency's needs for FY 94-9S, staff feels that these notes should be reissued for an additional year in the amount of $3,OSO,000. The rate of interest would be the prime Rate plus one percent for the year. Councilmember Kerry noted that the staff report stated, "...one year notes with the principal and interest due June 15, 1994 unless extended...." The Finance Director would change that date to "June 15, 1995." It was moved by Council member Bowman and seconded by Councilmember Nicholson to authorize City Staff to execute the Repayment Agreement and the three promissory Notes in the amount of $3,050,000 with the Redevelopment Agency with the repayment by the Agency to be made from future tax increments or other sources from the project areas. 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 JAIL INCARCERATION SERVICES: The Police Chief reviewed the staff report dated June 7, 1994, which indicated that the passage of certain legislation had impacted the budgets of municipal pOlice agencies dramatically and are expected to increase further in July of 1994. The Seal Beach police Department has a 32 bed jail facility that has never been operational due to costs associated with such an operation. The department is currently considering privatizing jail operations to a Correctional Facilities Management firm and is seeking joint participation from neighboring police agencies in the privatization of the jail operations. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to approve the participation of the City of cypress Police Department in the exploration of utilization of the Seal Beach Jail Facility to be managed by a nongovernmental entity contract to the City of Seal Beach. 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 AUTHORIZATION TO INITIATE PROCEEDINGS FOR THE FORMATION OF A 1972 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT IN LIEU OF THE CURRENT 1919 LIGHTING ASSESSMENT DISTRICT: The Public Works Director summarized the staff report dated May 25, 1994, which referred to direction given by the City Council at their meeting of May 23, 1994 to begin the process of forming a 1972 District. The 1972 District would provide more flexibility in the use of the existing revenues and allow them to be utilized for landscape related purposes, as well as lighting. It was moved by Councilmember Nicholson and seconded by Council member Bowman to adopt the Resolution by title only, title as follows, initiating proceedings for the formation of the 1972 Landscaping and Lighting District and directing the Director of Public Works to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972. RESOLUTION NO. 4328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING INITIATING PROCEEDINGS FOR THE FORMATION OF A CITYWIDE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. The motion unanimously carried by the following roll call vote: 14 CITY COUNCIL MINUTES AYES: NOES: ABSENT: ( ft1i June 13, 1994 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Council member Kerry stated that the purpose of the change is not to increase current assessments but to provide more flexibility in the use of existing revenues. CONSIDERATION OF ELIMINATION OF BUDGETED POSITIONS. PHASE II: The City Manager commented that this report is the result of the Council, staff and the fiscal advisory committee considering the restructuring effort for the balancing of the budget. The Personnel Director addressed the staff report dated June 9, 1994 which reviewed Phase I of the City-wide reorganization. Phase II addressed reorganization issues related to Phase I and provided the overall effect on staffing considerations for each department. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to add and/or reclassify and eliminate the positions as listed in the report on Phase II reorganization, based upon the requirements set forth in the personnel Rules and Regulations and the respective Memoranda of Understanding. 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. 10154. 10344: It was moved by Council member Bowman and seconded by Council member Age to approve the Warrants NO. 10154 through 10344 in the amount of $1,165,530.71. 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 CONTRACT ADJUSTMENT FOR DEMOLITION OF MULTI-PURPOSE BUILDING AT EUCALYPTUS PARK: The City Attorney referred to the staff report dated June 9, 1994 and explained the reason the prevailing wage rate is required is because the particular jOb because a demolition falls under the definition of a public works contract. The contractor said he was unaware that the prevailing wage was required to be paid to his workers on this project since it is a City-owned building. He agreed that he was still available to perform the work specified in his bid: however, he would need to adjust his bid to allow for prevailing wage regulations. It was moved by Council member Bowman and seconded by Nicholson to approve the increase of S2,829.00 for a total cost of S12,487.00 for the contract to demolish the multi-purpose building at Eucalyptus Park. 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 11:20 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:22 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The City Manager asked the Finance Director to provide the results of the bond sale as far as the City's rating on its financial position. The Finance Director reported that the TRAN issue was sold today at a net interest rate of 3.376%, which is the highest rating available on a note from standard and Poore's. The planning Director announced that the City of Cypress received an "Honorable Mention" from the American Planning Association for the General Plan Update. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 15 (/" 162 .:J CITY COUNCIL MINUTES June 13, 1994 CLOSED SESSION: Mayor Partin recessed the meeting at 11 :25 p.m. to allow the Council to enter into a Closed Session to further discuss the agendized closed session items and on public comments made earlier by Gerald creager. The meeting reconvened at 12:05 a.m. with all Council members present. ADJOURNMENT: Mayor partin adjourned the meeting at 12:05 a.m. to 4:30 p.m., Thursday, June 16, 1994 in the Administrative Conference Room. , A~~~ -MAYOR OF THE CI OF CYPRESS ATTEST: 16 6~ if'. I 53 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 16, 1994 The Adjourned Regular Meeting of the Cypress City Council was called to order at 4:45 p.m., Thursday, June 16, 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, Personnel Director Gary Bacock and Agency Negotiator Nick Nichols of Hamilton & Associates. The City Council immediately went into Closed Session to discuss Labor Negotiations with the Agency Negotiators concerning the Cypress Public Safety Employees Association (Government Code Section 54957.6). At 5:50 p.m., with all Councilmembers present, the meeting was reconvened to open session and the Mayor adjourned the meeting at 5:50 p.m. ~~~ MAYOR OF THE CITY OF CYPRESS ATTEST: OF CYPRESS CITY - I..)' / / 164 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 20, 1994 The Adjourned Regular Meeting of the Cypress City Council was called to order at 8:35 a.m., Monday, June 20, 1994, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Pro Tern Joyce Nicholson presiding. PRESENT ABSENT: Councilmembers Age, Bowman, Kerry and Nicholson Mayor Partin Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Eynon, Haines and Hawkins. ORAL COMMUNICATIONS: No one wished to speak. CONTINUATION OF CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 94- 11. CONCESSION AND RESTROOM BUILDINGS FOR LART SWAP MEET: The Planning Director summarized the staff report dated June 17, 1994, which referenced the Council meeting of June 13, 1994 where the submitted elevations for the concession and restroom buildings at the Los Alamitos Race Track Swap Meet were deemed inappropriate by the City Council. The applicant was requested to work with staff and return to the City Council with the revised elevations. Several discussions where held between staff and the applicant and the applicant was informed he needed to submit plans which would illustrate his revised proposal for review by City Council as required by Condition No.4 of Design Review Committee No. 94-11. Council reviewed sketches prepared by the Planning Department staff depicting the elevations and the tented structures. Councilmembers Nicholson and Bowman advised that they did not have a problem with either drawing of the concession stand. Mr. Arnold asked the Council to look at the drawings of the tents that will be on either side of the concession stand before they made a decision. He advised that the choice of colors would be a staff decision. The Planning Director reported that in the last meeting, colors were identified along with awning shapes. The tents will be situated at least ten feet away from the concession buildings. Councilmember Kerry asked Mr. Arnold if he had talked to the owners in the Business Park about the tents and Mr. Arnold replied in the affirmative stating that Warland and Cypress Land had no problems with the proposed structures. After some discussion, Doug be pitched and have a peak. match the color of the race Hawkins clarified that the tent will The color scheme of the tent will track and golf course buildings. Councilmember Bowman remarked that he had a problem with the original tent peaks. It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the elevations and the tented structures, without peaks, that will be located at either side of the concession building. The motion unanimously approved by the following roll call vote: NOES: ABSENT: o COUNCILMEMBERS: 1 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson None Partin AYES: 4 COUNCILMEMBERS: &ffl CLOSED SESSION: Mayor Pro Tern Nicholson recessed the meeting at 8:50 a.m. to allow the Council to enter into closed session to discuss with legal counsel anticipated litigation (Government Code 54956). The meeting reconvened at 9:00 a.m. with all Councilmembers present except Mayor Partin. ADJOURNMENT: Mayor Pro Tern Nicholson adjourned the meeting at 9:00 a.m. ATTEST: CITY