Minutes 94-08-22
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205
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 22, 1994
The Regular Meeting of the Cypress City council was called to order at 5:34 p.m.,
MOnday, August 22,1994, 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, Acting City Attorney James
Rourke and staff members Bacock, Christoffels, DeCarlo, Krauss, Steele and storey.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF TELEPHONE INFORMATIONNOICE
MAIL SYSTEM FOR THE POLICE DEPARTMENT: Police Captain Krauss presented the staff
report dated August 12,1994, which advised that the Recreation and parks District voice
mail system could be upgraded to accommodate the police Department's needs without
a loss of any current capabilities. With the recent reorganization in the Police
Department, it has become necessary to better facilitate the demand of
telecommunication information received in the Police Department. The purchase of a
voice mail system for the Police Department would only require an upgrade of the
current system and a modification to the current contract with BUSiness
Telecommunications systems, Inc.
Council member Bowman asked if PacBell had been contacted regarding the cost of
their system. The Director of Recreation and Parks recalled that PacBell had been
contacted but their equipment was not compatible with the City's existing telephone
equipment.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to: 1)
approve the funding of a voice mail system for the Police Department from the Asset
Seizure Fund to Central Services Fund and appropriated as capital outlay, Account NO.
4526-90-656-35; and 2) award the contract to Business Telecommunications systems, Inc.,
549 west Bateman Circle, Corona, CA 91720, to upgrade the current voice mail system of
the Recreation and Parks District so as to include use by the Police Department. 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 THE CURB. GUTTER. AND SIDEWALK MAINTENANCE CONTRACT:
The City Manager requested that the Public Works Director summarize the staff report
dated AugUst 15,1994, which indicated that ten bids had been received for curb, gutter
and sidewalk repair and replacement. Staff Is recommending that the contract be
awarded to the bidder in the budgeted amount of $250,000 to allow the City to take
advantage of the good prices and complete as much sidewalk repair work as possible
this fiscal year.
It was moved by Council member Kerry and seconded by Council member Nicholson to
award the curb, gutter, and sidewalk maintenance contract to the low bidder Terry
construction, 850 N. Center Avenue, #33H, ontario, CA 91764, in the budgeted amount of
$250,000 <Account Number 4186-11-402-27l. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
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CITY COUNCIL MINUTES
August 22, 1994
Council member Nicholson requested Item NO.9, Consideration of Attendance at the
96th Annual Conference of the League of California cities be pUlled. Council member
Kerry asked that Item NO.7, Consideration of Expiration of Cultural Arts Commissioner D.
Brian Mann's Term of Office be removed and Commissioner Age wanted Item No. 11,
Consideration of Design Review Committee NO. 94-17, Blockbuster Video store, 10011
valley view street to be discussed further. It was moved by council member Bowman
and seconded by Councilmember Age to approve the Consent Calendar Items NO.3
through 13, with the exception of Items NO.7, 9 and 11. The motion unanimously
carried by the foilowlng 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 AugUst 8,1994.
Recommendation: That the City Council approve the Minutes of August 8, 1994, as
submitted, with Mayor Partin abstaining due to his absence at the meeting.
Item NO.4: Motion to Introduce and/or Adopt Ail Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item NO.5: Consideration of Proclaiming september 19 - 25, as "Pollution Prevention
Week 1994."
Recommendation: That the Mayor and City Council officiallY proclaim september 19 - 25,
as "Pollution prevention Week 1994" in the City of Cypress.
Item NO.6: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Tay poa soukaphay and Hoong SOu sun, D.B.A. Deeps Liquor, 6326 Lincoln Avenue,
Suite "K", cypress.
Recommendation: Receive and file.
Item NO.8: Consideration of proclaiming september 25, 1994, as "Race for the Cure Day"
in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim september 25,
1994, as "Race for the Cure Day" in the City of Cypress.
Item No. 10: Consideration of Authorization for Appropriation of Funds From the
Unrestricted Fund Balance of the General Fund to Provide Graffiti Removal Services and
Turf Maintenance.
Recommendation: That the City Council approve an appropriation from the
unrestricted fund balance of the General Fund of $14,814 to Account No. 4187-11-227-08,
$112,803.24 to Account NO. 4187-11-217-08, $47,792,20 to Account No. 4187-11-228-08, and
$10,318.56 to Account NO. 4187-11-236-08, with the appropriation being offset thrOugh
the cost savings of the unfilled Office Assistant I position, and the elimination of five (5)
Maintenance Worker I positions.
Item No. 12: Consideration of Appropriation for the Rehabilitation of Stanton Channel
Berm In the Cypress corporate Center.
Recommendation: That the City Council approve an appropriation of $37,706 from the
fund balance of the corporate Center Landscape Maintenance District NO.1 Fund to
Account NO. 4187-27-239-08 so that a private landscaping company can be retained to
provide landscape and irrigation maintenance service to the Stanton Channel berm.
Recreation & Park District Matters:
Item No. 13: Consideration of cypress Recreation and park District's Debt Service Tax
Rate for the 1994-95 Fiscal Year.
Recommendation: That the City council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
title as fOllOWS, fixing the District's debt service tax rate to be .0079 percent 1.000079) of
the assessed value.
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CITY COUNCIL MINUTES
AugUst 22,1994
CRP NO. 183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX
RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1994-95.
END OF CONSENT CALENDAR
Regarding Consideration of Expiration of Cultural Arts Commissioner D. Brian Mann's
Term of Office, Council member Kerry asked how many members were on the
Commission. The District Director reported that with the recent resignation, there are
six Commissioners. Council member Kerry suggested that there only be five members on
each CommissIon. Council member Age suggested that the CommIssioners be polled for
theIr opinion on the number of members. The City Manager will provide the Council
with a summary of the CommIssIoners' terms. Council member Kerry suggested tabling
this item until the summary and the input from the Commissioners is received. It was
moved by Councilmember Kerry and seconded by Councllmember Nicholson to table
this item. 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 Consideration of Attendance at the 96th Annual Conference of the League
of CalifornIa Cities, Councilmember Nicholson recommended that the number of
attendees be kept at a minimum. Councllmember Age stated that this Conference was
local and she did not have a problem with it. Councllmember Kerry asked that the
Council be Informed If there are any requests for overnight lodging. The City Manager
advised that the budget did not consider any overnight stays merely registration fees
and meals. It was moved by Councllmember Nicholson and seconded by Council member
Kerry to: 1) AuthorIze members of the City Council and the appropriate staff members
to attend the 96th Annual Conference of the League of California Cities, to be held on
October 23 - 25, 1994, at the Long Beach Convention center, and be reimbursed for all
actual and necessary expenses incurred; and 2) Designate the Mayor as the voting
delegate and the Mayor Pro Tem as the alternate for the General BusIness session on
October 25. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
With regard to Consideration of Design Review Committee No. 94-17, Blockbuster Video
store, 10011 valley View street, Councllmember Age asked if the City Is doIng anything
to bring in an upscale restaurant and she expressed her disappointment that this
former Reuben'S would be a vIdeo store. It was moved by Councilmember Age and
seconded by Council member Nicholson to adopt the Resolution by title only, title as
follows, approvIng Design Review Committee No. 94-17 - wIth conditIons In Exhibit "A."
RESOLUTION NO. 4354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 94-17 - 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
ORDINANCES (Second Readinq):
It was moved by Council member Kerry and seconded by Councilmember Nicholson to
order the following OrdInance read by title only, title as follows and to adopt the
Ordinance adding Article V to Chapter 12 of the City code.
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CITY COUNCIL MINUTES
AugUst 22, 1994
ORDINANCE NO. 922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING
ARTICLE V TO CHAPTER 12 OF THE CODE OF THE CITY OF CYPRESS, RELATING TO AREAS
FOR COLLECTION AND LOADING RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Partin
Mayor Partin abstained on the vote due to his absence at the August 8, 1994 meeting.
CLOSED SESSION: Mayor Partin recessed the meeting at 6:00 p.m. to enable the Council to
enter into Closed session to discuss those agendized items regarding real property
negotiations, anticipated litigation and personnel and labor relations matters. The
meeting reconvened at 7:35 p.m. with all Council members present. Also present were
City Manager/City Clerk Essex, Acting City Attorney Rourke and staff members Bacock,
Christoffels, Decarlo, Krauss, steele, storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Council member Age.
PRESENTATION:
Ms. Robin Nahin, representing the Cypress Maintenance Employees' Association, wished
to explain to the Council why the Association was filing a writ and a temporary
restraining order against the City for failure to bargain in good faith. The incredible lack
of consideration for the members of the bargaining team and for the law caused the
action.
Council member Age interrupted and asked the Acting City Attorney if this matter would
be more appropriately discussed in Closed Session since there has been a threat of
litigation.
Ms. Nahin then stated she would refrain from discussing any legal matters. The City has
no seniority pOlicy and the Association has been asking for one since 1993. After
additional remarks, she presented the written text of her comments and asked the
Council to encourage the management to bargain with the Association.
Mr. Mike Douthit, President of the Maintenance Association, advised that there had been
no City proposal presented until today. The Maintenance Association Board did meet
with the City Manager and they have heard nothing yet.
Councilmember Age stated that she didn't believe that everything she had heard from
the two speakers was factual or accurate. The City Is negotiating, taking one Association
at a time. Right now the CPSEA contract is being negotiated and as soon as the Police
contract is finalized, the next contract will be negotiated.
Mr. Jeffrey Freedman, with the firm of Rexon, Freedman, Klepitar and Hamilton, was
introduced as the labor negotiator on this issue. He was prepared to respond to some
of the comments made and he did have a written presentation for the council, which is
on file in the City Clerk's office.
Mr. Steve ROdriguez, Vice-President of the cypress Maintenance Association, asked if
cheaper is better. He noted that when he was on the south end of town this morning,
not one park had been touched and he mentioned the complaints he had received.
MS. Carol Downer, a staff member of City Employees' Associates, asked for clarification
because Mr. Freedman alluded to the possibility of further bargaining but the
Association did receive a "last and best" offer.
Council member Age suggested that there be a Closed Session at the end of the open
session to discuss the labor negotiations. Council member Kerry concurred and
suggested proceeding with the Agenda. A Closed Session will be held at the end of the
open session.
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CITY COUNCIL MINUTES
AugUst 22,1994
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Mary crowder, 6881 Reefton Avenue, Cypress, complained about peppertree park not
being mowed, broken glass and other debris. There was gOOd service when the City
employees were doing the work. If one of the children is hurt, she promised the City of
Cypress would have a lawsuit.
Councilmember Age suggested that the Public Works Director go from park to park and
return to the Council with a report on their condition. The Public Works Director
clarified that there were two weeks between the layoffs and the start of the
subcontracting when personnel were not available.
Mr. Pete Meyer, 6891 Reef ton Avenue, Cypress, reported that Peppertree Park has
become a gathering place, especially on Friday nights. He said that his truck was stolen
during the night of August 19, after the police had responded to a call to disperse a
gathering at the park. The neighborhood needs prompt response to their calls and
some routine patrols.
Council member Nicholson asked that captain Krauss review the occurrences on both
August 12 and 19 and report back to Council.
Councilmember Nicholson attended the "save the Rams" Booster Club luncheon and she
presented Mayor Partin with a "Save the Rams" T-shirt. She also represented the City at
Matsushita Electric (Panasonicl at their Volunteer Fair.
Councilmember Age stated she attended a luncheon with Mitsubishi Motors gifting the
cypress Police Department with a car to be utilized for radar and for the D.A.R.E
program.
The City Manager reported that Chief Wicker is at home; he will be there for the next
two weeks and, if all goes well, he will be back at work after the Labor Day weekend.
Councilmember Kerry advised that she had been contacted by the Los Alamitos Police
Department who wanted her to wish the Chief a speedy recovery.
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 Acting City Attorney reviewed discussions held during the Closed Session on
WOrking Conditions in the police Department with Special Investigator Mr. Daniel
Tregarthen (Government Code Section 54957.6) and a Conference on the Labor
Negotiations with the Personnel Director (Government Code Section 54957.6J.
CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT NO. 94-3 TO
SECTION 15.3 SPECIAL PURPOSE SIGNS C. "SALE SIGNS": Mayor Partin opened the public
hearing. The City Manager called upon Planning consultant, Ms. Pam steele, to present
the staff report dated July 18, 1994. The application represented a City-initiated
proposal to amend Section 15.3 Special Purpose Signs C. "Sale Signs" increasing the
allowable window coverage of temporary window signs from the current 10% to 50%.
In accordance with the California Environmental Quality Act, a Negative Declaration will
be filed for this project. Pursuant to the Department of Fish and Game requirements,
this project has been reviewed for potential impacts to wildlife habitat and has been
determined that no negative impacts will result from this project; therefore, a
statement of de MinimiS Impact will be filed. Under the directive of the City council,
staff researched temporary window signs displayed at convenience markets and liquor
stores within the City of Cypress. Council also requested that staff illustrate 25% and
30% window coverage, in addition to a slide presentation. It was concluded that the
sign code should be amended to reflect an increase in the allowable window coverage
to 50%. A public notice was published in the News Enterprise and posted for public
display. As of the date Of this report, staff had not received comment on this
amendment.
NO one wished to speak in support of or in opposition to the application.
It was moved by councilmember Bowman and seconded by Councilmember Kerry to
close the public hearing, adopt a finding of de Minimis Impact, approve the Negative
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CITY COUNCIL MINUTES
August 22,1994
Declaration and direct staff to file a Notice of Determination and de Minimis Impact
Exemption for the project and adopt the first reading of the Ordinance No. 94-3 by title
only, title as follows amending section 1S.3 Special purpose Signs C. Sale signs.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS BY THE AMENDMENT OF
SECTION 1S.3.C, "SPECIAL PURPOSE SIGNS," "SALE SIGNS".
The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kerry, NichOlson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 94-3. AIR-CONDITIONER ON ROOF. 4314
MANCHESTER PLACE: The Public Hearing was opened by Mayor partin. The City Manager
asked MS. Steele to summarize the staff report dated August 10,1994, which
represented a request to vary from Section 9.3.A. of the Cypress zoning Ordinance to
allow an air conditioning unit to be placed on the rear portion of the roof of the
residence at 4314 Manchester Place. In accordance with the California Environmental
Quality Act, this project Is categorically exempt, Class 3. The unit will be set Into the roof
and screened from view by a facade overlaid with asphalt shingles to match the existing
roof. Several houses in the Immediate vicinity contain rooftop air conditioning units
which were permitted under the prior zoning Ordinances. Staff felt that there was
adequate justification to support variance findings C, D and E as listed in the staff
report. Notices of the public hearing were posted, published and mailed to all property
owners within a 300-foot radius of the subject property. To date, staff has not received
any comments regarding this proposal.
The applicant, George sessions, 4314 Manchester Place, Cypress, responding to
Council member Age, stated that he had discussed the application with his neighbors
and they had expressed no Objections to the plan.
No one in the audience wished to speak In favor of or against the application.
It was moved by Councilmember Bowman and seconded by Council member Kerry to
close the public hearing, adopt the Resolution by title only, title as follOWS, approving
Variance No. 94-3, subject to conditions.
RESOLUTION NO. 43SS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW AN
AIR-CONDITIONER TO BE LOCATED ON THE ROOF OF AN EXISTING DWELLING LOCATED
AT 4314 MANCHESTER PLACE - VARIANCE NO. 94-3.
The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-11. SALE OF ON SITE
BEER AND WINE AT AN EXISTING RESTAURANT. LOCATED AT 6151 BALL ROAD: The Mayor
opened the publiC hearing. The Planning Consultant reviewed the staff report dated
August 11, 1994, which represented a request to sell onsite beer and wine at an existing
restaurant located at 6151 Ball Road. In accordance with the california Environmental
Quality Act (CEQAl, the proposed project has been determined to be categoricallY
Exempt, Class 1, as a minor alteration of an existing structure InVOlving negligible
expansion of use beyond that previously existing. A Notice of Exemption will be filed
for this project upon City Council approval. The City Council approved similar
conditional use permits for previous restaurants at the subject site; however, when each
of these restaurants ceased to operate at this location for more than six months, the
permits expired. No interior or exterior physical changes to the Golden Palace
restaurant building are proposed. The sale of on site beer and wine to compliment the
meals represent a minor modification to the existing restaurant use. Notices of this
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CITY COUNCIL MINUTES
AugUst 22,1994
pUblic hearing were posted, published and mailed to all property owners within 300 feet
of the subject parcel. TO date, staff has not received any communication regarding the
proposed project.
The applicant, Anne Tran, was in the audience.
Mayor Partin asked if anyone wished to speak in support of or in objection to the
application. No one did so.
It was moved by Council member Nicholson and seconded by Councilmember Age to
close the pUblic hearing and adopt the Resolution by title only, title as follows,
approving Conditional use Permit No. 94-11, with conditions.
RESOLUTION NO. 4356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL
USE PERMIT NO. 94.11 . 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
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-12. TEMPORARY
CONSTRUCTION FACILITIES. 6835 (A.K.A. 6843) KATELLA AVENUE: The public hearing was
declared open by the Mayor. The Planning Consultant summarized the staff report
dated August 16,1994, which represented a request to temporarily locate and use a
construction trailer, multiple cargo storage containers and garden center within the
Target Store parking lot during construction of the stockroom addition and garden
center remodel. The subject property is located at 6835 lA.K.A. 6843) Katella Avenue. In
accordance with the requirements of the California Environmental Quality Act, a
categorical Exemption, Class 4(e), as a minor temporary use of land having negligible
effects on the environment. A Notice of Exemption will be filed for this project. Due to
the construction timeline for the Target addition, additional time is necessary, beyond
the temporary use permit time limits. Therefore, the applicant is now applying for a
conditional use permit to place temporary construction facilities on the Subject site
during the construction of the approved building addition. The applicant has
temporarily placed a 12' x 60' office trailer next to the north wall of the store building,
ten bulk cargo containers within the parking spaces along the northwest perimeter of
the property and relocated the Garden Center operations to the southwest parking area
during construction of the stockroom addition and Garden Center remodel. In addition,
the applicant proposes to add approximately 18 more cargo containers along the north
perimeter parking area of the Target store building. Notices of this publiC hearing were
posted, published and mailed to all property owners within 300 feet of the subject
parcel. To date, staff has received one telephone call regarding the proposed project.
The Planning Consultant added Finding NO.5 on page 1 of the Resolution to read as
fOllows, "The proposed temporary construction facilities are similar to and no more
detrimental than existing permitted or conditional uses in the Planned BUSiness Park
Zone NO.1."
Mr. Monty Durham of S.D. Deacon corporation of california, 7745 Greenback Lane, Suite
250, Citrus Heights, stated he was not aware whether Target stores leased or owned the
property. He also stated that the conditions of approval were acceptable to them.
NO one wished to speak in support of or opposition to the application for the permit.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
close the public hearing, determine the "temporary construction facilities" to be similar
to and no more detrimental than existing permitted or conditional uses in the Planned
community Business Park Zone NO.1 and adopt the Resolution by title only, title as
fOllOWS, approving Conditional use Permit NO. 94,12, subject to conditions.
RESOLUTION NO. 4357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 94-12. WITH CONDITIONS.
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CITY COUNCIL MINUTES
August 22, 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: GENERAL PLAN AMENDMENT NO. 94-1. AMEND
CIRCULATION ELEMENT TO CONFORM TO THE RECENTLY REVISED ORANGE COUNTY MASTER
PLAN OF ARTERIAL HIGHWAYS (MPAH): The Mayor opened the public hearing. The City
Manager asked the Planning Consultant to present the staff report dated August 9, 1994.
The application represented a proposed City Initiated amendment to the Circulation
Element of the City of Cypress General Plan to revise the roadway classification
descriptions to coincide with the recently revised orange county Master Plan of Arterial
Highways IMPAH) and to add language to Identify the 65% Trip Generation cap for the
Business Park developments. A Notice of Intent to File a Negative Declaration was filed
for this project and the project has been determined to be exempt pursuant to the
finding of de Minimis Impact. A Notice of Public Hearing was published in the News.
Enterprise on August 11,1994. The General Plan Amendment as proposed will enable
staff to continue to work with the Business Park community to ensure that
development projects within the Business park will conform to the General Plan. It will
also enable staff to implement the Council's direction as adopted in the Lincoln Avenue
Right.of.way StudY and will ensure compliance with the General Plan Mitigation Measure
to maintain consistency with the county MPAH.
The Mayor asked if anyone wished to address this issue, speaking either in support of or
opposition to the application. NO one spoke.
It was moved by Councilmember Age and seconded by Council member Nicholson to
close the pUblic hearing, adopt a finding of de Minimis Impact, approve the Negative
Declaration and direct staff to file a Notice of Determination and de Minimis Impact
Exemption, and adopt the Resolution by title onlY, title as fOllOWS, approving General
Plan Amendment NO. 94.1.
RESOLUTION NO. 4358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL
PLAN AMENDMENT NO. 94.1 TO AMEND THE CIRCULATION ELEMENT TO CONFORM TO
THE RECENTLY REVISED ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS AND
TO ADDRESS THE 65% TRIP GENERATION CAP REQUIREMENT IN BUSINESS PARK 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
CONTINUATION OF CONSIDERATION OF COOPERATIVE AGREEMENT. TARA VILLAGE APARTMENT
COMPLEX. 5201 LINCOLN AVENUE: The City Manager advised that this Item had been
continued from the AugUst 8,1994 meeting and called upon the Finance Director for
further comment. The staff report dated JUly 15, 1994 Indicated that the City had
received a draft copy of a Cooperative Agreement from the county of orange for the
issuance of revenue bonds for the purchase of the Tara village Apartment Complex
located at 5201 Lincoln Avenue, cypress. The property Is being purchased by a non.
profit organization who advised they will deed restrict 34 of the 170 units for low
income tenants. The result will be a loss of property tax to the local government and
the school districts; however, the City will be able to add these 34 units to the list of
affordable housing units. The county of orange has assured the City that no liability for
the project will be incurred by the City as a result of entering into the cooperative
agreement.
Mr. Bill Hirsch, President of the Foundation for Social Resources, Inc., 5200 warner
Avenue, Huntington Beach, distributed an Executive Summary on the project and a
brochure on the Foundation to the Council. He then provided the Council with an
overview of the Tara village Apartment project at 5201 Lincoln Avenue. Responding to
Councilmember Bowman, Mr. HirsCh provided the Council with a proposed rent
schedule.
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CITY COUNCIL MINUTES
August 22,1994
Councilmember Kerry expressed concern about the financing for the school district and
the City because there will not be an Increase in revenues.
Mr. Hirsch responded that they are asking that $18,000 of the real estate taxes be abated
to be used for charitable purposes on site. He explained to the Council what kind of a
program he envisioned.
Mr. Peter Conlin with the county of Orange, Public Finance, in responding to Mayor
partin, stated that whenever the County issues a bond application within a City, the
State law required that the county have an agreement with the City to ensure that the
City Is cooperating with the County In conducting the financing. The property tax
abatement applied to anyone who restricts the property to very low income rents and
residents.
Council member Kerry stated that once the Council approved the agreement the
exemption for the abatement of property tax will commence and It will Impact the City.
The county needs to consider this and suggested Council review this before a decision is
made.
Council member Bowman suggested that if the City is going to enter Into this type of
agreement, more information be forthcoming from the company, an opportunity to
check on the experiences of the properties in Palm springs and Lemon Grove and the
youth education program. He stated that the Council did not have enough information
to make a decision tonight.
It was moved by Councilmember Nicholson and seconded by Council member Bowman
to deny the City's cooperation in the issuance of bonds for the purchase of the Tara
village Apartment complex located at 5201 Lincoln Avenue. Mr. Hirsch asked to work
with staff to bring the item before Council as soon as possible because of Fannie Mae
commitments. The City Manager suggested the applicant contact the Finance Director
and the Planning Director. 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 AIR INSTALLATION COMPATIBLE USE ZONE lAlCUZl
STUDY FOR ARMED FORCES RESERVE CENTER. LOS ALAMITOS: The Planning Consultant
referred to the staff report dated August 16, 1994, which advised that staff was directed
by Council to prepare a letter contacting cities located adjacent to the Base to
determine whether they would be interested In participating in the financing of an
updated noise stUdy. Staff contacted the Base and confirmed that the only noise stUdy
that the Armed Forces Reserve Center could include in their AICUZ report was the one
prepared by the U.S. Army Hygiene Agency. They indicated that they would consider
any Information submitted from a noise study, but they could not guarantee they
would Include or rely on its findings.
Councilmember Bowman had attended the ALUC meeting on August 18 and reported
that the discussion revolved around later studies on the noise contours, which are
confined almost entirely to the base. The Base will not accept any study unless it's
conducted by the U.S. Army Hygiene Agency.
The City Manager recommended that the Council hold this item in abeyance, take no
action and direct staff to continue to monitor the situation.
Councilmember Bowman advised that the public hearing on the new ALUC could be In
November and possibly they will have the updated studY.
It was moved by Councilmember Nicholson and seconded by Council member Kerry to
receive and file this 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
9
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214
CITY COUNCIL MINUTES
August 22, 1994
CONSIDERATION OF ATTENDANCE AT THE TRIBUTE TO SUPERVISOR HARRIETT M. WIEDER:
Council member Age asked that this item be placed on the Agenda to determine If the
Council wished to have a representative at the Tribute to supervisor Wieder.
After some discussion, the Council felt that It would be appropriate to send a
representative and suggested that Mayor Partin and his wife attend the function.
It was moved by Council member Kerry and seconded by Councilmember Nicholson to
approve the funds for the Mayor and his wife to attend the Tribute to supervisor
Wieder representing the City of Cypress. 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 MEMORANDUM OF UNDERSTANDING AND AUTHORIZING RESOLUTION FOR
THE CYPRESS PUBLIC SAFETY EMPLOYEES' ASSOCIATION: Mayor Partin advised that any
consideration of the Memorandum of Understanding for the CPSEA would be continued.
Councilmember Kerry announced that this Council meeting would be adjourned to
Monday, AugUst 29, 1994 for the purpose of discussing this item.
It was moved by Council member Kerry and seconded by Council member Nicholson to
continue this item to the adjourned regular meeting of AugUst 29,1994. 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 11266.
11473: It was moved by Councilmember Nicholson and seconded by Councilmember
Age to approve the Warrants No. 11266 through 11473 in the amount of $688,344.07.
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 9:45 p.m. to allow the Council to
act as the Cypress Redevelopment Agency. The meeting reconvened at 9:45 p.m. with
all Council members present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Council member Kerry mentioned that there had been another well.attended Concert on
the Green on saturday, August 20 and she thanked all the volunteers for their efforts.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor partin recessed the meeting at 9:47 p.m. to allow the Council to
enter into Closed Session to confer with the labor negotiator. The meeting reconvened
at 10:10 p.m. with all Councilmembers present.
ADJOURNMENT: Mayor partin adjourned the meeting at 10:10 p.m. to MOnday, AugUst 29,
1994 at 4:00 p.m. in the Administrative Conference Room.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY~K~ E ~~PRESS
10
215
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 29, 1994
The Adjourned Regular Meeting of the Cypress City Council was
called to order at 4:15 p.m., Monday, August 29,1994, in the
Administrative Conference Room, located in the West Wing of the
Cypress City Hall, 5275 Orange Avenue, Cypress, Mayor Richard
Partin presiding:
PRESENT: Council Members Age, Bowman, Kerry, Nicholson and
Partin
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, Acting
City Attorney James G. Rourke, Personnel Director Gary Bacock, and
Finance Director Richard Storey.
ORAL COMMUNICATIONS: None presented.
The City Council immediately went into Closed Session to discuss
labor negotiations with all the City's employees associations.
The meeting was called back to open session at 5:25 p.m., with all
Council Members present.
CONTINUATION OF CONSIDERATION OF MEMORANDUM OF UNDERSTANDING AND
AUTHORIZING RESOLUTION FOR THE CYPRESS PUBLIC SAFETY EMPLOYEES'
ASSOCIATION: It was moved by Council Member Bowman and seconded by
Council Member Age to adopt the Resolution by title only, title as
follows:
RESOLUTION NO. 4359
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CYPRESS AND THE CYPRESS PUBLIC SAFETY EMPLOYEES'
ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS,
AND CONDITIONS OF EMPLOYMENT.
The motion unanimously carried by the following roll call vote:
AYES:
5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson,
and Partin
o COUNCIL MEMBERS: None
o COUNCIL MEMBERS: None
NOES:
ABSENT:
The Council requested that discussion be held at the next meeting
regarding flyer parties, development on the Wicker Drive
properties, and the proposed ordinance on newsracks.
The City Manager advised the Council that a workshop session is
needed to discuss several issues.
ORAL COMMUNICATIONS:
None presented.
ADJOURNMENT: Mayor
4:00 p.m., Monday,
Conference Room.
Partin adjourned the meeting at 5:30 p.m. to
September 12, 1994, in the Administrative
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MAYOR OF THE CITY OF CYPRESS
ATTEST 7 .
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CITYL~ OF T~TY OF CYPRESS