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Minutes 94-09-26 230 . / / MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD september 26,1994 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, september 26,1994, 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 Lois Jeffrey and staff members Bacock, Christoffels, Eynon, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one spoke. CONTINUATION OF CONSIDERATION OF AWARD OF FRANCHISE TO INSTALL AND MAINTAIN BUS SHELTERS IN THE CITY OF CYPRESS. PUBLIC WORKS PROJECT NO. 9411: The Public Works Director reviewed the staff reports dated september 2 and 13, 1994 and indicated that this item was continued so the company representatives of Metro Display Advertising and Patrick Target Media could make their presentations. Mr. Tony Ingegneri, Metro Display Advertising, 2692 Dow Avenue, Tustin, thanked the Council for the opportunity to return and discussed the issues of time frame, changeover between the two companies and ADA requirements. He felt his proposal was the best being offered the City and volunteered to answer Questions from Council. Mr. Bruce seidel, Patrick Target Media, 1539 W. orangewood Avenue, orange, handed out a letter for the Council and noted that they will comply with all requirements of the City's ReqUest for proposal, including the ADA requirements. Responding to Councilmember Bowman, the Public Works Director indicated that he had no change in his recommendation. It was moved by Council member Bowman and seconded by Council member Kerry to award a franchise to patrick Target Media, 1539 W. orangewood Avenue, orange, CA 92668, per the details in the City'S Request for Franchise proposals and the terms of their proposal as outlined in this report, and direct the City Attorney and City staff to prepare the necessary agreement for execution by the Mayor and City Clerk. 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. Council member Nicholson pUlled Item No. 11, Consideration of Resolutions Requesting the orange county Transportation Authority and the Board of supervisors to Include various Street and Signal projects Within the orange County Combined Transportation Funding Program. Council member Age requested Item NO. 12, Consideration of Adoption of Resolution Authorizing a summary Vacation of Excess street Right of way Along the North Side of orangewood Avenue From valley View street to West City Limits, be removed. It was moved by Councilmember Kerry and seconded by Council member Nicholson to approve the Consent Calendar Items NO.2 through 15, with the exception of Items No. 11 and 12. 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 1 _ c 231 CITY COUNCIL MINUTES September 26,1994 Item NO.2: Motion to Approve City Council Minutes of september 12,1994. Recommendation: That the City Council approve the Minutes of the Regular Meeting of september 12,1994, as submitted. Item NO.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by TItle Only and to Waive Further Reading. Item NO.4: consideration of proclaiming October 1994, as "Arts and Humanities Month." Recommendation: That the Mayor and City Council officially proclaim October 1994, as "Arts and Humanities Month" in the City of Cypress. Item NO.5: Consideration of proclaiming October 3 - 7,1994, as "Rldeshare Week." Recommendation: That the Mayor and City Council officially proclaim October 3 - 7, 1994, as "Rideshare Week" in the City of Cypress. Item NO.6: Consideration of proclaiming october 9 - 15,1994, as "Fire prevention Week." Recommendation: That the Mayor and City Council officially proclaim October 9 -15, 1994, as "Fire Prevention Week" in the City of Cypress. Item NO.7: Consideration of an Application for an original Alcoholic Beverage License Flied by Kien Hoa and Anne Chiang-shih Tran, D.B.A. Gourmet Palace Chinese Restaurant, 6151 Ball Road, cypress. Recommendation: Receive and file. Item NO.8: Consideration of proclaiming October 16, 1994, as "World Food Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim October 15, 1994, as "World Food Day" In the City of Cypress. Item NO.9: Consideration of Design Review Committee's Approval of DRC #94-19 and #94- 21. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, approving DRC #94-19 and #94-21. RESOLUTION NO. 4364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 94-14 - WITH CONDITIONS. RESOLUTION NO. 4365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 94-21 - WITH CONDITIONS. Item NO. 10: Consideration of ExtenSion of Amendment to Conditional Use Permit No. 88-8 and Variance No. 93-11, McDonald's Playland, 10115 Valley View Street, Cypress. Recommendation: That the City council grant a six (6) month extension, effective through March 7, 1995, of Amendment to Conditional Use Permit No. 88-8 and Variance No. 93-11. Item NO 13: Consideration of Amendment to DeSign Review Committee No. 94-12, Angel's Diner, 4991 Lincoln Avenue, Cypress. Recommendation: That the City Council approve Amendment to Design Review Committee No. 94-12, subject to the conditions in Exhibit "A" and adopt the Resolution by title only, title as follows: 2 232 CITY COUNCIL MINUTES september 26, 1994 RESOLUTION NO. 4366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE 94-12 - WITH CONDITIONS. Item No. 14: Consideration of Additional Appropriation for Fiscal Year 1993-94 and Fiscal Year 1994-95. Recommendation: That the City Council: 1) Approve the additional appropriations for FY 93-94 from the unreserved fund balance of the appropriate funds as follows; 4275-52-363-15 4275-53-364-15 4275-54-365-15 4275-55-365-15 4179-11-105-01 4179-11-112-02 S 21,000 70,000 50,000 1,000 70,000 35,000 2) APprove the fOllOwing additional appropriation and estimated revenues for FY 93-94: 4279-11-150-15 4275-11-150-15 1271-11 3400-11 2,750,000 90,000 2,750,000 200,000 3) Approve the fOllOwing additional appropriation and estimated revenues for FY 94-95: 4279-11-150-15 4275-11-150-15 1271-11 3400-11 3,850,000 165,000 3,871,000 165,000 Item NO. 15: Consideration of Resolutions of Commendation for Eagle Scouts. Recommendation: That the City Council adopt the Resolutions by title onlY, title as fOllOWS, commending the Eagle Scouts. RESOLUTION NO. 4367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT CHAD RYAN BOBERG ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT BRANDON REED BOULTON ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT BRETT ROBERT BOULTON ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT DAVID SCOTT CHRISTENSEN ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT CHARLES GERALD O'MALLEY, Ill, ON ATTAINING THE RANK OF EAGLE SCOUT. 3 23'~ CITY COUNCIL MINUTES September 26,1994 RESOLUTION NO. 4372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT BRIAN GRANT RICHINS ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4373 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT MATTHEW JAMES SAGE ON ATTAINING THE RANK OF EAGLE SCOUT. END OF CONSENT CALENDAR Regarding Item No. 11, Consideration of Resolutions ReqUesting the orange county Transportation Authority and the Board of Supervisors to Include Various Cypress streets and signal Projects Within the orange county Combined Transportation FUnding program, Councllmember Nicholson asked the Public Works Director If the railroad pavement improvement meant the crossing was gOing to be improved. The Public Works Director stated that they would include that railroad crossing in the application for funding. Councllmember Kerry commented that she did not consider over $600,000 for the Moody street interconnect a priority project and she would not support that Resolution. It was suggested that this item be voted on separately. It was moved by Council member Nicholson and seconded by Councilmember Kerry to: 1) Authorize staff to submit to the orange county Transportation Authority the fOllowing projects: valley View Street Rehabilitation, Northbound, from the stanton Channel to Katella Avenue; Valley View street, southbound, from Cerritos Avenue to the Railroad; Ball Road and valley view Street Intersection Improvements; Walker street Rehabilitation, from Cerritos Avenue to Katella Avenue; and Ball Road Traffic Signal Interconnect from Bloomfield Street to Holder street; 2) Adopt the Resolutions by titles only, titles as fOlloW, requesting the orange County Transportation Authority and the Board of Supervisors to include within the orange county Combined Transportation Funding program the subject projects; and RESOLUTION NO. 4374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF BALL ROAD TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4375 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF VALLEY VIEW STREET SOUTHBOUND BETWEEN CERRITOS AVENUE AND THE RAILROAD PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF BALL ROAD AND VALLEY VIEW STREET INTERSECTION IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF VALLEY VIEW STREET NORTHBOUND BETWEEN THE STANTON CHANNEL AND KATELLA AVENUE PAVEMENT IMPROVEMENT PROJECT OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. 4 234 CITY COUNCIL MINUTES september 26,1994 RESOLUTION NO. 4378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF WALKER STREET BETWEEN CERRITOS AVENUE AND KATELLA AVENUE PAVEMENT IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Nicholson and seconded by Council member Age to authorize staff to submit to the orange county Transportation Authority the Moody Street Traffic signal Interconnect from Cerritos Avenue to orangethorpe Street and adopt the Resolution by title only, title as follows, requesting the orange County Transportation Authority and the Board of supervisors to include the subject project within the orange County Combined Transportation Fund program. RESOLUTION NO. 4379 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF MOODY STREET TRAFFIC SIGNAL INTERCONNECT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and partin 1 COUNCILMEMBERS: Kerry o COUNCILMEMBERS: None In regard to Item No. 12, summary Vacation of Excess Street Right of way along the North Side of orangewood Avenue from valley View Street to West City Limits, Mayor Partin asked if it meant that Orangewood Avenue would never be widened. The Public Works Director explained that the original plan was Orangewood would be 80 feet with an access off orangewood Avenue onto the warland property. A 64 foot wide street would be sufficient and would allow building setbacks to be adjusted. Councilmember Age said she wanted it off the Agenda because it was premature to vote on it now. A vote to approve assumes that the Warland project will pass tonight and she didn't want to make that assumption until after the Warland project is voted upon. Councilmember Bowman asked that the Ordinance approving Development Agreement 94-2 also be approved conditionally. It was moved by Council member Age and seconded by Council member Nicholson to conditionally approve the Resolution by title only, title as follows, authorizing a summary vacation of excess street right of way along the north side of orangewood Avenue from Valley View Street to the West City Limits based on the outcome of the warland project. RESOLUTION NO. 4380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING A SUMMARY VACATION OF EXCESS STREET RIGHT OF WAY ALONG THE NORTH SIDE OF ORANGEWOOD AVENUE FROM VALLEY VIEW STREET TO THE WEST CITY LIMITS. 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 5 ~/-, h 235 CITY COUNCIL MINUTES september 26, 1994 ORDINANCES ISecond Readimll: It was moved by Councilmember Nicholson and seconded by Council member Bowman to order the fOllOwing ordinance read by title only, title as follows and to adopt the ordinance approving Development Agreement 94-1 between the City of Cypress and the Cypress Land company. ORDINANCE NO. 924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 94.1 BETWEEN THE CITY OF CYPRESS AND THE CYPRESS LAND COMPANY. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Nicholson and seconded by Councilmember Bowman to order the following Ordinance read by title only, title as follows and to conditionally adopt the Ordinance approving Development Agreement No. 94.2 Between the City of Cypress and the Warland Investments Company. ORDINANCE NO. 925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 94-2 BETWEEN THE CITY OF CYPRESS AND THE WARLAND INVESTMENTS COMPANY. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The City Attorney noted that on both of the above second readings, there was additional language approved by the City Council at the last meeting that is available to the pUbliC regarding Section 25. It was moved by Council member NichOlson and seconded by Councilmember Bowman to order the following ordinance read by title only, title as follows and to adopt the ordinance establishing regional traffic impact fee requirements for new development/redevelopment within the City of Cypress. ORDINANCE NO. 926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING REGIONAL TRAFFIC IMPACT FEE REQUIREMENTS FOR NEW DEVELOPMENT/ REDEVELOPMENT WITHIN 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 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 of: conference with legal counsel, existing litigation and conference with labor negotiator. The meeting reconvened at 7:35 p.m. with all Councilmembers present. Also present were staff members Bacock, Christoffels, Decarlo, Eynon, storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. 6 c.' .; 236 CITY COUNCIL MINUTES september 26,1994 Mr. Steve Robbins, President of the Cypress Chamber of Commerce, presented the City with a check for $15,000, as repayment of a loan. Fr. Mike Heher, st. Irenaeus Church, 5601 Evergreen Avenue, Cypress, shared with the Council his top ten reasons why the City Council should not endorse proposition 187 and provided copies of his presentation. MS. carolyn pryor, 4337 Dina court, Cypress, also spoke in opposition to the Council's proposed endorsement of proposition 187 because It Is an ill-fated resolution that will cost the tax payers more than it will save. Mr. Ed KennedY, 5325 canterbury Drive, Cypress, invited the City Council to this year's Oktoberfest on October 8, from 2 p.m. to 8 p.m. at the Cypress Community Center. Mrs. Mary crowder, 6881 Reefton Avenue, Cypress, complained about the condition of the parks. She mentioned the possibility of opening Holder street and would start a petition to get it opened because cars are taking shortcuts and speeding through the tract creating serious hazards. 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. session of the Council meeting. The Acting City Attorney reviewed discussions held during Closed Session on sanchez vs the City of Cypress In which a judgment was entered In favor of the City. The Council agreed to a settlement whereby the plaintiff is going to pay a portion of the Attorney's fees with a letter of apology to the City. Council then gave direction to the Labor Negotiator. Mayor Partin welcome police Chief Wicker back after his illness. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94- 14. DESIGN REVIEW COMMITTEE NO. 94-16. AND VARIANCE NO. 94-4. TWO-STORY ADDITION TO EXISTING SINGLE-FAMILY HOME. INCLUDING SECOND FLOOR BALCONY AND REDUCED SIDE YARD SETBACK. 8571 LA HOMA STREET. CYPRESS: Mayor partin continued the previously opened public hearing. The City Manager asked the Planning Director to summarize the staff report dated september 20, 1994, which Indicated a continuance from the september 12,1994 Council meeting. The complete project is described in the staff report dated september 1, 1994. concerns were raised regarding the difference In roof lines between the existing home and the proposed addition. The applicant expressed concern regarding Condition No. 2S, fire sprinkler system and, to allow flexibility for compliance, the Building Official suggested that the condition be amended. The City Engineer determined that a formal grading plan prepared by a civil engineer will not be needed; however, the project architect shall submit a plan indicating the site established grades to ensure required grade differentials, soil support and drainage for the building. Mr. Mike Tekstra of Mcintosh & Tekstra, architect for the project, stated that they had worked out their concerns with the Building Official and the Planning Director. No one wished to speak on this item. It was moved by Councilmember Bowman and seconded by Council member Nicholson to close the publiC hearing, direct staff to file a Notice of Exemption according to the requirements of the California Environmental Quality Act and adopt the amended Resolutions by title only, titles as follow, approving Conditional Use Permit No. 94-14, Design Review Committee No. 94-16 and Variance NO. 94-4, subject to conditions in Exhibit "A", which incorporated the modifications to Conditions NO.2 and 25. As part of the motion, the roof modification would not be required. RESOLUTION NO. 4381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-14. WITH CONDITIONS, 7 '-1 ". '7' -.oZ3 CITY COUNCIL MINUTES September 26,1994 RESOLUTION NO. 4382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 94-16- WITH CONDITIONS. RESOLUTION NO. 4383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A REDUCED SIDE YARD SETBACK FOR A TWO-STORY ROOM ADDITION - VARIANCE NO. 94-4. 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: VARIANCE NO. 94-5. REDUCED REAR YARD SETBACK FOR EXISTING ACCESSORY STRUCTURE. 8772 GRINDLAY STREET. CYPRESS: The pUblic hearing was opened by Mayor partin. The Planning Director summarized the staff report dated September 20,1994 which represented a request for a variance from Section 9.6.D.2. of the City Zoning Ordinance to permit an existing accessory structure closer than five feet from the rear property line without one hour fire wall construction. In accordance with the California Environmental Quality Act, this project has been determined to be categorically Exempt, Class SIal, as a minor alteration in land use limitations, Including setback variances. A Notice of Exemption will be filed for this project upon City Council approval. The applicants must obtain a rear yard setback variance and applicable bUilding permits to allow the existing accessory structure at its present location. Notices of the 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 applicants submitted a list of ten signatures from residents of the properties surrounding the subject Site, communicating no objection to the subject accessory structure. The variance will be conditioned that the accessory structure be Inspected and found to meet all building and safety code requirements prior to issuance of a building permit and occupancy of the structure. Therefore, a finding may be made that the granting of the subject variance will not be detrimental to the pUblic health, safety or welfare or materially injurious to properties or improvements In the vicinity. Mrs. Flaviana Crisostomo, 8772 Grindlay street, Cypress, presented some photos of the improvements they have made on their property. Mayor Partin asked if anyone wished to speak In support of or OPPOSition to the application. NO one spoke. It was moved by Council member Nicholson and seconded by Council member Kerry to close the publiC hearing, and adopt the Resolution by title only, title as follows, approving Variance NO. 94-5 subject to conditions in Exhibit "A". RESOLUTION NO. 4384 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 ACCESSORY STRUCTURE TO ENCROACH SEVEN FEET (7') INTO THE REQUIRED TEN-FOOT (10') REAR YARD SETBACK AREA - VARIANCE NO. 94-5. 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. 94-17. A MACHINE SHOP USE. 10543 PROGRESS WAY. CYPRESS: Mayor partin opened the public hearing. The City Manager asked the Planning Director to present the staff report dated September 20,1994, which represented a request to operate a machine shop within an existing industrial/warehouse building located at 10543 Progress way. The proposed project/use involved no new constructions. In accordance with the California Environmental Quality 8 238 CITY COUNCIL MINUTES september 26,1994 Act, this project has been determined to be categoricallY Exempt, Class 1(al, as a project involving minor interior or exterior alterations to an existing structure including such things as Interior partitions, plumbing and electrical conveyances. A Notice of Exemption will be filed for this project upon City Council approval. The applicant proposed to move his existing machine shop business, equipment and operations to the subject site within an existing industrial/warehouse building. The proposed machine shop use is consistent with the permitted and conditionally permitted uses In the Business park Zone and with the other industrial uses within the surrounding business park. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. Mr. Martin Booth, President of CBC Machine company, 1350 260th street, Harbor City, explained the nature of his machine shop business and invited the Council to his shop. Mayor Partin asked if anyone wished to speak In support of or in opposition to the application. No one did. It was moved by Council member Bowman and seconded by Council member Nicholson to close the public hearing, and adopt the Resolution by title only, title as follows, approving Conditional use Permit No. 94.17, subject to conditions. RESOLUTION NO. 4385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT 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 CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94.15. REGIONAL FACILITY FOR WAR LAND INVESTMENTS COMPANY. 11400 VALLEY VIEW STREET. CYPRESS: The public hearing was opened by Mayor Partin. After some discussion on the noticing, the City Manager noted that this was a very important project, public hearing notices have been sent in accordance with the law and it is important to hear all of the testimony. He asked the Planning Director to review the staff report dated september 9,1994, which represented a request to construct a 439,650 square foot warehouse/distribution office facility located at 11400 valley View Street. Before summarizing the report, she mentioned that there were four conditions of approval that were modified. In Condition NO.4, the words, "...along Warland Drive per California Vehicle Code #22658" are deleted. In Condition No. 32, the last sentence was modified to read, "Bin rental shall be contracted through the City's licensed disposal contractor." For Conditions NO. 56 and No. 57, the phrase "...unless Indicated by solis engineer." was added to each of the conditions. Colonel Ghormley of the LOS Alamitos Air Reserve Station called asking that the record indicate he could not be at the meeting tonight, but he has reviewed the plans and it is a compatible development In relation to the Air Station operations and consistent with FAA requirements and he found no objection to the development. All buildings in the Business park must comply with FAA requirements. Phone calls were received from Danielle Galanter asking about traffic dust, property values, noise, visual impact of the building from residences; Kathy Simcox regarding traffic noise, property values, inadequate noticing of surrounding property owners; Brian Schwartz and Vicky Conde mentioned traffic and noise; Mr. subias recommending restrictions on the number of nighttime trucks; Mr. William Slystrom Questioned noise, traffic and property values; Mr. Gregory Shoop asked for possible restriction of the hours of will call to prevent early morning and late night traffic; Sally Brodowski called on traffic and the public noticing procedure. The Planning Director explained that the pUblic noticing procedure is governed by a state law and mentioned the requirements. She continued summarizing the staff report and advised that a Negative Declaration had been filed for this project in accordance with the requirements of the California Environmental Quality Act. In addition, a finding of de Minimis impact will be filed. The plans submitted with this application propose the construction of a 439,650 square foot 9 f-Jo/{~ CITY COUNCIL MINUTES september 26,1994 warehouse/distribution/office facility. The building will be constructed in two phases. The applicant has stated that It will be a 24 hour operation with truck traffic occurring throughout the day and night with the majority taking place between the hours of 5 a.m. to 11 p.m. Thirty-three loading doors are proposed along the north elevation, three of which will be for will-call. The loading doors face Warland Drive and will be screened from the residences to the south by the building. In addition, a wall will be constructed along Warland Drive for the purpose of screening the loading area from the industrial properties to the north and the residences to the east. The submitted plans meet all of the development standards listed in the warland/Cypress Business Center specific Plan. However, due to proposed truck traffic and Questions regarding truck ingress and egress, a traffic study was requested of the applicant. It was determined that a traffic signal should be placed at the Intersection of Warland Drive and valley View street and that no traffic problems would be generated by the proposed use. The project as designed satisfied the specific Plan goals and objectives by providing a mix of land uses, employment opportunities, and the establishment of a well designed and aesthetically pleasing development within the warland/Cypress Business Center. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius of the SUbject property. At the time of the report, staff had received one phone call from a resident who expressed concerns regarding noise from the facility, dust during construction and the possible decrease in property values resulting from the construction of this facility. She indicated that the Traffic Engineering Consultant and Environmental Consultant were in the audience to answer any Questions. The City Manager explained that the normal procedure for a public hearing is to allow the applicant to make presentation to the Council starting the pUblic hearing process and then the hearing is open for those to speak who are in support of the project and then those who are opposed. Responding to Council member Nicholson, the Planning Director explained the meaning of "Negative Declaration." Mr. John Law, Managing Director, warland Investments company, 1299 ocean Avenue, suite 300, santa Monica, expressed his pleasure in working with the City to attract the high Quality tenant to the Business Park. Four cities competed for this project, considered It a major victory for the City In the major tax dollars it will bring. He then gave an overview of the design, landscaping and traffic flow of the Shaw Industries project. Mr. Law introduced Howard Thompson, architect on the project, 2240 university Drive, Newport Beach and Mrs. Peggy Kratka, Senior project Manager for Warland. Mr. Thompson went through the plan and explained what would be included in the Phase I and Phase II buildings of the project, the landscaping, fencing and parking. Mr. Don Larimer, Regional Manager for Shaw Industries, stated he was prepared to answer any Questions from the Council. Shaw Industries is the world's largest carpet manufacturer and the new facility will serve as a distribution center. He then explained the operations of the facility, truck traffic and hours of operation. There followed a Question and answer period between Mr. Larimer and the Council on specific details of the operation of the proposed facility. The Public Works Director, addressing the traffic Issue, stated that the original project approved for this site would have generated 5,000 vehicle trips per day. The proposed project will have a total of 900 vehicle trips per day. Mr. Law stated that the forklift trucks were electric and very low noise generators. He further explained the majority of the truck traffic would occur during the day. He also described the landscaping and the completion of orangewood Avenue. Mayor Partin asked If anyone wished to speak in support of the application. Mr. Greg Shoop, 11663 Manila Dr., cypress, stated that he had many Questions on the project beginning with the public hearing notice and nothing in it stated it would be a carpet distribution warehouse. He complained about the lack of detail in the staff report. He was opposed to access off of orangewood Avenue. He mentioned Condition NO. 23 which did not hold the facility to a carpet use and asked that this condition be 10 .... (..., 240 CITY COUNCIL MINUTES September 26, 1994 tightened. He mentioned the size and type of trees and asked that the trees be a mix of 24", 36" and 48" box trees. He recommended that the loading doors have a rubber gasket that comes around the truck and he would prefer a 10 or 12 foot screening wall. Mr. Larry Matson, 6455 san Andres Avenue, Cypress, had four points: the noticing, using recycled water for Irrigation, asked about Input from the Armed Forces Reserve Center and the proposed traffic signal in close proximity to orangewood and valley View Streets. Mr. Ted courtney, 11534 Manila Drive, Cypress, stated he was upset with the approved project in 1990, with unlimited access from orangewood and he was in favor of having one tenant as opposed to 20 or 30. He asked if a sign could be posted restricting trucks at the head of orangewood Avenue. Mayor Partin asked If anyone wished to speak in opposition to the project. Ms. Ingrid Kline, 6163 Trinidad Avenue, cypress, said she had gathered over 200 signatures on a petition and she presented them to the Council. She also said the residents were not adequately notified. Mr. Tom Knopp, 11654 Manila Drive, Cypress, complained that the monolith structure would block his view of the mountains completely and he could better accept the previously proposed development. The truck traffic really concerned him. Mr. Bruce Kelsey, 11674 Blackmer street, cypress, remarked that it wasn't the development of the property that he objected to; It was the distribution feature that brings tractor-trailers In at all hours. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, asked several Questions, including why the 1990 project was never built. Councllmember Bowman suggested that the residents ask all their Questions and then they will be answered by the applicant. Mrs. Simcox continued with the statement that people have not been notified. She visited another Warland project, spoke with several Council members and the Warland developers. She did not have anything against Shaw, she just objected to the facility being in her neighborhood. Mrs. Ellen Kippel, 11664 Blackmer street, Cypress, mentioned that when they were planning the previous project, the orangewood access was taken out of the plan and she was assured that there would not be a light at orangewood Avenue and valley View street. She stated that the trucks should use Katella Avenue and not Valley View Street. Mr. Mike Leitao, 11500 Cozumel Street, cypress, stated he had many concerns and objections to the project. He believed the building to be a losing proposition to all City residents. He mentioned the fumes, the trucks traffic shaking the homes, and asked how often the drivers are tested for drugs. Mrs. JUlie Herkins, 5803 Lakia Drive, Cypress, asked if the berm would be finished to Phase II, how long before Phase II would be built, and if the trucks parked in the warehouse. She expressed concern about the road around the facility and if it was a fire lane or for parking. She had Questions on carpet and diesel fumes, the berm, landscaping and security on the premises. Mr. Willis swanstrom, 5772 Lakia Drive, cypress, asked whether the trucks were independent or company-owned and where the drivers went after they dropped the trailer. Mr. Dave Simcox, 6143 Trinidad Avenue, cypress, asked the Council to do some investigation before they made a decision about this facility tonight. Mr. David Greenberg, 11354 Jamaica street, Cypress, spoke about the worsening traffic situation at the intersection of Katella Avenue and valley View street and he could only see the traffic situation becoming much worse with this project. In some ways, more car traffic is better accepted than truck traffic. 11 <::'1 ' ....~. (p //). 241 CITY COUNCIL MINUTES september 26,1994 Mr. Kent Woods, 5733 Lakla Drive, Cypress, remarked that he was aware of all the commercial space and knew some day it would be developed and the truck traffic would appear to be less than the car traffic from the previous proposed development. He Questioned the many promises made that might not be fulfilled. He asked if the building will remain strictly a warehouse and he stated that the screening around the loading docks should be mandatory if the project is approved. There are many areas of concern and the residents know something Is going to go in there, but It appeared that there is so much deception. Mr. Don Wesling, 11431 Anegada street, Cypress, reported that his house does shake when a semi truck drives by. He also expressed a concern about carpet fibers. Mr. Ron Coffeen, 6360 Dominica Avenue, cypress, asked if the trucks would be refueling at this facility and was concerned about the FAA examining the buildings. He specifically requested that the hours of operation be limited to 7 a.m. to 7 p.m. He didn't feel that this warehouse met the intent of a business park. Mr. Richard Brodowski, 11520 Cozumel street, Cypress, asked when the baseline point was passed when no more vehicles could be tolerated and If the number of accidents at the corner of orangewood Avenue and valley View street were studied. Mr. steven Bradley, 5442 Oxford Drive, cypress, made some comments on the size of the building, the forklift trucks, the semi tractor and trailers, parking for the retail trade. He asked what the benefit was for the citizens of cypress and less trucks and more people shopping at stores where the City gets the sales tax is what was needed. Mr. Henry Hurtado, 5673 Lakla Drive, cypress, stated he was opposed to the project. There is no such thing as a Quiet neighborhood when trucks are involved. He asked if the amount of income produced would justify destruction of the environment and the downgrade in property values. He believed this was a step in the wrong direction. Mr. Burt Cheifer, 5982 Paradise circle, Cypress, expressed concern that orangewood might be opened up as an access to the warehouse. Mr. Emil Rothery, 7384 Anguilla Avenue, Cypress, expressed concern about the screening of the building, sound barriers and occupancy of the building if the applicant leaves. Ms. Rosanne Schnaider, 11384 Tortuga street, cypress, asked if the warehouse would operate on saturdays and sundays. Mr. Law spoke briefly, addressing Councilmember Kerry'S Question about the revenues to the City. The sales tax from this facility is generated from the point of sale of their will call operation and the city will receive one percent of the current $80 million in sales. Responding to Council member Bowman, the Finance Director reported that the current total sales tax revenue to the City is $3.5 million. Mr. Law made some general observations about the concerns of this particular use and about the warehouse. The Business Park was created to have a mix of different uses. warland does what they say and they mean what they say. Since so many of the Questions were related to Shaw's operation, he asked Mr. Larimer to respond. Mr. Larimer stated that he did understand the community's concerns, but he knew the operation and the employees. He then responded first to the concerns raised about the trucks, I.e., hours of operation, routes, number of trips, maintenance and fueling. He also answered concerns on carpet fumes and fibers, days of operation, loading ramps and security. Councllmember Bowman stated that the conditions of approval covered many of the concerns that have been voiced and if those conditions are violated, the use is subject to a public hearing again. The owners of the property have a great interest in assuring that the uses are compatible so other tenants will locate in the Business park. RECESS: Mayor Partin recessed the meeting at 11 p.m. and reconvened it at 11:15 p.m. with all Councilmembers present. Mayor Partin advised the audience on public hearing procedures. 12 242 c./ CITY COUNCIL MINUTES September 26,1994 Councilmember Kerry asked Questions of the applicant on gaskets around the doorway in the loading bay, over-the-road contract carriers, Councilmember Bowman asked about the truck route and that the long haul route be made one of the conditions. Mr. Larimer said that wasn't a problem. In responding to Mr. Bowman, Mr. Larimer advised that long haul trucks do arrive on the weekend occasionally, It Is a seven day a week operation and he explained the trucking operation. The company trucks will not be operating on the weekend. Council member Bowman asked if it would be acceptable to have a condition outlining the hours of operation from 7 a.m. to 3 p.m. on saturday and from 2 p.m. on sunday. Mr. Larimer would have to consult with Corporate as to whether they would be willing to have conditioning on the hours of operation. Regarding any parking in the fire lane, Mr. Larimer has requested that a locked gate be put up at each back corner of the building for Fire Department access only. Council member Age asked about a date for future expansion of the warehouse, additional parking and the number of office employees and hours of work, which were answered by Mr. Larimer. Mr. Larimer then responded to Mayor Partin's Questions on the will-call hours. The Councilmembers then conducted a Question and answer session with staff. It was moved by Council member Age and seconded by Council member Nicholson to continue the Council meeting past the hour of 11:30 p.m. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Councilmembers continued asking their Questions of City staff. Council member Bowman asked that If there was a change in the use of the site and an opening onto Orangewood that hadn't been approved previously, would the permit have to go through the public hearing process. The Acting City Attorney advised that it would be a modification to the permit that would require City Council approval. Council member Kerry asked that the permit be conditioned so that If an opening were proposed onto orangewood, It would require a modification to the conditional use permit. RECESS: Mayor partin recessed the meeting at 11:55 p.m. and reconvened at 12 midnight with all Council members present. Mayor Partin asked the Acting City Attorney to clarify any future access onto orangewood Avenue. She stated that if there was a new use on the site, all that would technically be required would be a Design Review. In order to deal with the issue raised, if the Council so desired, they could require the applicant to record a deed restriction that would restrict access to the site from orangewood Avenue. Mr. Carl Robertson, Manager Director of warland, stated that they have no intention of allowing an access from orangewood Avenue; however, the deed restriction should state there shall be no access from Orangewood Avenue unless required by the federal, state, county or local government. Mr. Law reiterated that Warland had no desire to have any driveway access any use of orangewood Avenue. If the Fire Department wanted an in-road, they didn't want that to affect their permit. Mr. Law also advised that they would agree to a 10 or 12 foot wall and, in addition, will accept the landscaping requirements that staff had discussed. Council member Bowman pointed out and read Condition NO. 25 of the Conditions of Approval regarding revocation of a permit. Mayor Partin commented that the public was noticed in accordance with the law and actually exceeded the requirements. The Council is not permitted to contact the applicants in any way prior to the public hearing. 13 ;<.Jf 3 CITY COUNCIL MINUTES september 26, 1994 Responding to Councilmember Bowman, the public works Director answered that even with the rerouting of the truckS, the signal at valley View and Warland would be necessary. To get across Valley View would be difficult even during slow periods. It would be a necessary signal and when synchronized all the signals would function in a coordinated fashion. Council member Nicholson commented that she believed the traffic was mitigated by going from 14 buildings to one; from 860 cars to 314 and the trucks will not be leaving at the same time. The noise will be stopped by the building and she believed they would be receiving less noise than she does just east of Valley View. She voiced her support of the project, It will be an asset to the businesses and the City and bring in needed revenues. Council member Age also expressed her support of the project. She has listened to what the citizens had said and the Council has taken measures to mitigate the noise and the traffic level concerns. warland Investments has always created exceptional projects, bringing In top Quality businesses. It is a specific Plan that has been designated as a Business Park and she welcomed Shaw Industries into the City. Council member Bowman remarked that the objective of the public hearing process was to air the concerns of the community and it is important that communities have balance. In order to have the parks and recreational programs in this City for the residents is one of the reasons Cypress has good property vaiues. This is a point of sale revenue source and it is Important to the City. He expressed his support of the project. Council member Kerry stated that the Council has listened to the concerns, raised Questions, added and modified them to arrive at comfortable solutions to the concerns. There were many issues involved and major concerns about traffic generation, access from orangewood, noise and other issues that the City has been dealing with for some time. The property has been zoned for this type of use for years and if the citizens wanted open space they would have to buy the property. She believed the project was very good, it is a compromise and the project will provide the City with tax revenue that is needed. Mayor Partin commented that everyone likes the look of Katella Avenue, the Warland buildings, and thousands and thousands of employees are brought into the City but the total net sales revenue from all of those facilities will not equal that of this operation. This one operation will increase the sales tax revenue of the City by 25%. The budget for street maintenance has been Increased and the infrastructure needs to be repaired. The City has no money, the employees have not received an Increase for some time, the Council has no choice for the health safety and betterment of this City but to move forward with this project. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry 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 Conditional use Permit No. 94,15, subject to conditions In Exhibit "A" and the additional, modified and changed conditions. The Planning Director advised that, in addition to the modified conditions stated at the beginning of the hearing, staff Is now adding Conditions No. 79 through 84 as follows: "79. No fueling facility shall be provided on site. 80. No repair of trucks or equipment other than minor, incidental maintenance shall occur on the site. 81. All long-haul truck traffic providing deliveries from and returning to the manufacturing facility shall be directed to access and depart the site utilizing warland Drive to Katella Avenue to the 605 Freeway. 82. A 12.foot high decorative screen wall shall be constructed adjacent to the Phase I truck parking area to screen the facility from residences to the South. 14 ,z1'1 CITY COUNCIL MINUTES september 26, 1994 83. The applicant shall record a deed restriction prohibiting access to the facility from orangewood Avenue unless access is mandated by federal, state or local agencies. 84. prior to certificate of occupancy, the entire perimeter 35 foot wide landscaped berm shall be landscaped with a mixture of non-deciduous tall and fast-growing plant materials so as to form a visual screen between the adjacent residential properties and the warehouse facility. Landscape material to include a mixture of 24",36" and 48" box trees ranging in height from 12 to 20 feet at Initial planting. The mix between 24", 36" and 48" trees shall be approximately 30% per each." RESOLUTION NO. 4386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-15 - 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 11:55 p.m. and reconvened at 12 midnight with all Council members present. CONTINUATION OF CONSIDERATION OF CATV COMMISSION RECOMMENDATION ON THE USAGE OF TWO PEG CHANNELS FOR C-SPAN II (THE U.S. SENATEl AND THE TITAN CHANNEL (CAL STATE UNIVERSITY. FULLERTONl: The City Manager called upon the Personnel Director to summarize the staff report dated september 21,1994, which advised that the CATV Commission had made a determination that there is public interest to provide additional programming on the cable television system operated by copley/colony. TO provide more programming, two current Public Access, Educational and Government Channels need to be changed from the current usage and there is an expense required to purchase the necessary equipment and agreements. The current line up of PEG channels was outlined and a description and costs given for the two proposed networks. The Commission voted three to one to recommend the proposed networks. Commissioner Glass wrote his dissenting opinion, which was attached to the report. Commissioner Martin commented that the Commission has had C-Span II and The Titan Channel under discussion for some time. He had received a phone call from Commissioner spurgeon who wished to convey her support so that four members of the Commission do make this recommendation to the Council. Responding to Council member Kerry, commissioner Martin replied that the Franchise Agreement specifically states that the channels are to be used for the purpose outlined in the report. After some discussion, Commissioner Martin stated that the PEG channels already have some educational programs and the Commission would like to add one. He didn't know how many viewers there were of those programs and if the money was available he would like to make a survey. Commissioner Glass addressed his report on the Dissenting Commissioner opinion concerning the CATV Commission Recommendation on the usage of Two PEG Channels dated september 25,1994 and suggested that the Council disapprove of the CATV Commission's recommendation for usage and asked that the Council provide the CATV Commission with direction. Council member Age said she didn't believe this was an urgent Item and she would like to see a survey done. She suggested that the this be referred back to the commission for compilation of a survey. After some discussion, Council member Bowman commented that he would be in favor of a survey and directed staff to research and provide Council of the scope and approximate cost at the next meeting. 15 ~r-> CITY COUNCIL MINUTES september 26, 1994 week. At the last meeting, the Commission discussed criteria for giving up the PEG channels. He understood that no one was In favor of giving up the PEG channels because they probably wouldn't come back. Responding to Council member Bowman, Commissioner Glampapa replied that a survey would probably be helpful to determine what the people want. It was moved by Councilmember Bowman and seconded by Council member Age 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 CONTINUATION OF CONSIDERATION OF FLYER PARTIES ORDINANCE: The staff report dated september 21,1994 indicated that the City Council had directed the City Attorney's office to prepare an ordinance prohibiting charging admission to any party conducted in a residential zone in the City of Cypress. Attached was a proposed urgency Ordinance as well as the regular Ordinance which will not become effective until 30 days following the second reading at the October 11,1994 Council meeting. It was moved by Council member Kerry and seconded by Councilmember Nicholson to continue this item. After continued discussion, Councilmember Kerry withdrew her motion and Councilmember Nicholson withdrew her second. It was moved by Council member Bowman and seconded by Council member Nicholson to order the fOllOwing ordinance read by title only, title as follows and to adopt the urgency Ordinance prohibiting charging admission to any party conducted in a residential zone and to approve the first reading of the Ordinance by title only, title as fOllows, prohibiting the charging of admission to any party conducted in a residential zone. ORDINANCE NO. 927 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, PROHIBITING CHARGING ADMISSION TO ANY PARTY CONDUCTED IN A RESIDENTIAL ZONE, PROVIDING FOR RECOVERY OF COSTS OF POLICE SERVICES ASSOCIATED THEREWITH, AND DECLARING THE URGENCY THEREOF. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, PROHIBITING THE CHARGING OF ADMISSION TO ANY PARTY CONDUCTED IN A RESIDENTIAL ZONE AND PROVIDING FOR RECOVERY OF COSTS OF POLICE SERVICES ASSOCIATED THEREWITH. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The City Manager clarified that it was the Council's wish to adopt the regular ordinance so it will become effective in time, but In the meantime, the Urgency Ordinance will be in place. CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 94.18. REMODELING OF THE TURF CLUB. LOS ALAMITOS RACE COURSE: The Planning Director summarized the staff report dated September 15, 1994, which represented a request to relocate and remodel the LoS Alamltos Race Course Turf Club. Proposed Improvements include a new kitchen, dining room, lounge and patio. Access will be provided by an enclosed elevator. According to the requirements of the california Environmental Quality Act, this project is considered to be Exempt, Class 1, since the project does not represent a change in use but only included the remodeling and maintenance of an existing private structure. In addition, the proposed plan is compatible with the objectives and policies for the race track as provided In the Cypress BUSiness and Professional Center specific Plan and Development Agreement. 16 ----,- ...----.------...-.-.---.-.-------.-----..-..----------..-.,.. - ;1--'1- b CITY COUNCIL MINUTES september 26, 1994 It was moved by Council member Age and seconded by Council member Kerry to direct staff to file a categorical Exemption according to the requirements of the california Environmental Quality Act and adopt the Resolution by title only, title as fOllows, approving Design Review Committee No. 94,18, subject to conditions In Exhibit "A". RESOLUTION NO. 4387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 94-18 . 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 DISCIPLINE APPEAL. LAYOFF. JIM MEADS. MAINTENANCE WORKER: The staff report dated september 20, 1994 indicated that Jim Meads, Maintenance Worker I, requested appeal proceedings based on his layoff from employment and the notice that he is not certified as having provided satiSfactory service in the performance of his duties. This laYOff matter will proceed using the same gUidelines as the discipline process. It was moved by Councilmember Bowman and seconded by Council member Kerry to direct staff to designate a Hearing Officer and coordinate the discipline (layoff) appeal hearing of Jim Meads, Maintenance Worker I and return to the City Council with a recommendation for adOPtion. 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 UPDATE ON THE TURF MAINTENANCE CONTRACT: The staff report from the Director of Public Works dated september 19,1994, which advised that shortly after Golden Bear Arborists began work on the City'S turf maintenance contract, the City and council began receiving complaints about the conditions of the turf at several of the parks and medians. On Monday, September 19, 1994, staff made a complete review of all the parks, medians and parkways being maintained under this contract. The general consensus at that point was the work being done is not meeting the intent of the contract and needs improvement. In apprOXimately 30 days, at the October 24, 1994 City Council meeting, staff will bring back for consideration an update on the contractor's performance. The Public Works Director asked for permission to issue the 30 day cancellation notice. It was moved by Council member Bowman and seconded by council member Age to: 1. Authorize the Director of Public Works to issue a 30 day termination notice to Golden Bear Arborlsts pursuant to Section 10c of the City of Cypress Turf Maintenance Contract terminating the contract effective October 31,1994, however, reserving the right to rescind the notice at any time during the 30 day notice period; 2. Direct the Direct of Public Works to, approximately 30 days from now at the October 24, 1994 City council meeting, bring back for consideration an update on the contractor's performance through this period and possible rescinding of the termination notice, or confirmation of the notice and recommendation of award of a contract to the next lowest bidder. Councilmember Kerry noted, however, the October 24, 1994 Council meeting would not be held. The City Attorney suggested that the authority be given to staff to rescind the action if staff determines there has been compliance. Councilmember Bowman amended his motion to reflect the authority be given to staff to rescind the action and Council member Age seconded. The motion unanimouslY carried by the fOllOwing roll call vote: 17 '.. '247 CITY COUNCIL MINUTES september 26,1994 AYES: . NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF DISCUSSION REGARDING RECONSTRUCTION OF DAMAGED DWELLINGS: Mayor Pro Tem Nicholson requested that this matter be placed on this Agenda for discussion by the Council. It was moved by Mayor pro Tem Nicholson and seconded by Councllmember Age to continue this item to the Council meeting of October 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 11746. 11953: It was moved by Councllmember Bowman and seconded by Council member Kerry to approve the Warrants NO. 11746 throUgh 11953 In the amount of $679,036.91. 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 1:10 a.m. to enable the council to act as the Cypress Redevelopment AgenCY. The meeting reconvened at 1:15 a.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. NO one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting at 1:15 a.m. to 5 p.m., October 11, 1994 in the Administrative Conference Room. ~~~ MAYOR OF THE CITY OF CYPRESS ATTEST: ~~ CITY CLERK O~ CI OF PRESS 18