Minutes 94-10-11
248
MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
October 11,1994
The Regular Meeting of the Cypress City Council was called to order at 5:05 p.m.,
TUesday, October 11,1994, in the Administrative Conference Room, West Wing, City Hall,
5275 orange Avenue, Cypress, Mayor Richard Partin presiding.
PRESENT:
ABSENT:
Councifmembers Age, Bowman, Kerry, Nicholson and partin
None
Also present were City Manager/City Clerk Darrell Essex, Planning Director Christine
EynOn, Redevelopment Technician Jim DellalOnga and Consultant Glen Mcintire.
WORKSHOP SESSION: City Marketing Program.
Mr. MCintire distributed the proposed copy for the marketing brochure and a facsimile
of the finished color product. He received direction from Council on the logo type,
color considerations for the cover, pictures of Cypress activities, arrangement and minor
changes in the copy. The Planning Director suggested that staff contact all the
landowners in the Business Park and let them know that they are preparing the
brochures. The brochure will be discussed with the two landowners that have made
contributions.
RECESS: Mayor Partin recessed the meeting at 5:35 p.m. to enable the Council to
reconvene in the Council Chamber for the continuation of the 5:30 p.m. portion of tne
Agenda. All Council members were present, City Manager/City Clerk Darrell Essex, City
Attorney John cavanaugh and staff members Christoffels, DeCarlo, Eynon, story and
Wicker were also in attendance.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) MICROFILM READER PRINTER. REQUEST
FOR QUOTATION NO. 9495-3: The Public Works Director presented the staff report dated
september 30,1994 which indicated four bids were received for the purchase of a
microfilm reader printer. Although the lowest bid submitted was from Bell & Howell, it
was staff's recommendation that tne contract be awarded to Canon/Astro Office
prOducts, Inc. based on maintenance and service agreement cost savings.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to accept the bid received from Canon/Astro Products Inc., 1200 Main street, Suite A,
Irvine, CA 92626, as the lowest responsible bidder and award a contract for the purchase
of one microfilm reader/printer. Tne 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.
Councilmembers Age and Nicholson asked that Item No.2, City council Minutes of
september 26,1994 be pUlled. Councilmember Bowman asked that Item No. 15,
Consideration of a Negative Declaration for Use of HOME Program Funds for the
Rehabilitation of a Five-Unit HOUSing project, 8542-8552 Sumner Place be removed. The
City Manager asked that Item No. 16, Consideration of Resolution Establishing Regional
Traffic Improvement Fees for Development Within the City of cypress be pUlled.
Councilmember Age referred to page 14, fourth paragraph, last line, "it is important.. is
repeated and one phrase should be deleted. Also, on page 17, last paragraph, the
minutes showed that "Councilmember Kerry seconded" the amended motion and, after
conferring with the City Attorney, It was changed to "Council member Age......
Councilmember Nicholson referred to page 14, seventh paragraph from the top, that "It
was moved by Councilmember Kerry and seconded by Councilmember Nicholson..."
should be changed to "It was moved by Councilmember Nicholson and seconded by
Councilmember Kerry......
Iv
~4'9
CITY COUNCIL MINUTES
October 11, 1994
It was moved by Council member Bowman and seconded by Council member Nicholson
to approve the Consent calendar Items NO.2 through 22, with the exception of Items
No. 15 and 16 and including the amendment to the Minutes of september 26,1994. 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
Item NO.2: Motion to Approve City Council Minutes of september 26,1994.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
September 26,1994, as amended.
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 - October 1995, as the "Year of
the Celebration of the United Nations."
Recommendation: That the Mayor and City Council officially proclaim October 1994-
October 1995, as the "Year of the Celebration of the united Nations."
Item NO.5: Consideration of Design Review Committee's Approval of DRC #94-20 and #94-
22.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
fOllow, approving Design Review Committee Permits NO. 94-20 and 94-22.
RESOLUTION NO. 4388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 94-20 - WITH CONDITIONS.
RESOLUTION NO. 4389
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 94-22 - WITH CONDITIONS.
Item NO.6: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by George Long Duong, D.B.A. Express Market, 6157 Ball Road, Cypress.
Recommendation: Receive and file.
Item NO.7: Consideration of proclaiming the Week of October 17-21, 1994, as "United
way Week."
Recommendation: That the Mayor and City Council officially proclaim the week of
October 17 - 21,1994, as "United Way Week" in the City of Cypress.
Item NO.8: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Quan Minh Vlen and Thanh Van Thl Pham, D.B.A. A & T's Market, 4502 Lincoln Avenue,
Cypress.
Recommendation: Receive and file.
Item NO.9: Consideration of Communication From the National League of cities,
Requesting City's Participation in National Unfunded Mandates Week, October 24-30,
1994.
Recommendation: That the City Council authorize the Mayor to transmit letters to the
appropriate federal legislators, urging the passage of the Federal Mandate
Accountability and Reform Act.
Item No. 10: Consideration of proclaiming November 12,1994, as "Toastmasters
International Day".
2
250
CITY COUNCIL MINUTES
October 11,1994
Recommendation: That the Mayor and City Council officially proclaim November 12,
1994, as "Toastmasters International Day" in the City of Cypress.
Item No. 11: Consideration of proclaiming the Week of October 30, 1994 - November 5,
1994, as "Flu prevention Week".
Recommendation: That the Mayor and City Council officially proclaim the week of
October 30 - November 5, 1994, as "Flu Prevention Week" in the City of Cypress.
Item No. 12: Consideration of Monthly Investment Program for the Month of June 1994.
Recommendation: Receive and file.
Item No. 13: Consideration of proclaiming the Remaining Holiday Months of 1994 and All
of 1995, as "Buckle Up for Life challenge".
Recommendation: That the Mayor and City Council officially prOClaim the remaining
holiday months of 1994 and all of 1995, as "Buckle Up for Life Challenge" in the City of
cypress.
Item No. 14: Consideration of Acceptance of Public Works project No. 9304,
Rehabilitation of Katella Avenue from MCDonnell Drive to Siboney street; Public Works
project NO. 9305, Rehabilitation of Lincoln Avenue from watson Street to 700' East of
Walker street; and Public Works project No. 9310, Intersection Improvements at Knott
Street and Cerritos Avenue.
Recommendation: That the City Council: 1l Accept the work of the Rehabilitation of
Katella Avenue, Public Works project No. 9304; Rehabilitation of Lincoln Avenue, PUblic
Works project No. 9305; and Intersection Improvements at Knott Street and Cerrltos
Avenue, Public Works project NO. 9310, as being satisfactorily completed; 2l Approve the
final retention payment to Boral Resources, Inc., 1301 Lexington Avenue, pomona,
California 91766, 35 days after the Notice of Completion is filed; and 3) Authorize the City
Clerk to release the Labor and Materials Bond upon expiration of the required lien
period, if no claims or objections have been filed, and to release the Faithful
Performance Bond upon the expiration of one year's guarantee upon concurrence of
Director of Public Works.
Item No. 17: Consideration of Amendment NO.1 to the Agreement for Employment of
City Manager.
Recommendation: That the City Council move to approve Amendment NO.1 to the
Agreement for Employment of City Manager, effective 7/1/94.
Item No. 18: Consideration of Employees' Memorandums of Understanding and
Authorizing Resolutions.
Recommendation: That the City Council move to adopt the Resolutions by title Only,
title as follows, ratifying the Memorandums of understanding between the City and the
Cypress Mid-Management Employee's Association IMMEAl and the Public Works
Maintenance supervisors' Association (PWMSAl.
RESOLUTION NO. 4390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MID-MANAGEMENT
EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS, AND
CONDITIONS OF EMPLOYMENT.
RESOLUTION NO. 4391
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 WORKS MAINTENANCE SUPERVISORS' ASSOCIATION CONCERNING WAGES,
SALARIES, FRINGE BENEFITS, AND CONDITIONS OF EMPLOYMENT.
3
/v '1'-/
251
CITY COUNCIL MINUTES
October 11, 1994
Item No. 19: Consideration of Fiscal Year 1993.94 carry Over of Appropriations,
Encumbrances and Resources for the City of Cypress.
Recommendation: That the City Council: 1l Authorize the appropriation of funds in
Fiscal Year 1994.95 for the carry over items as detailed in Exhibit "A" of the staff report
and summarized as follows:
11 General Fund
22 Special Gas Tax Fund
26 Plan Drain Facility Fund
35 Civic Center Redevelopment Fund
36 CRA LOW & Moderate Housing Fund
37 Lincoln Ave Redevelopment Fund
38 Race Track Redevelopment Fund
39 Measure M Gas Tax Fund
40 AB 2766 Fund
41 Sewer Fund
90 central Services Fund
5 490,180
575,601
28,666
144,647
250
87,916
75,706
1,229,406
2,384
8,428
468.527
53,111,711
2) Authorize the appropriation of funds in Fiscal Year 1994-95 for Items
encumbered at June 30, 1994, as detailed in Exhibit "B" of the staff report and
summarized below:
11 General Fund
35 Civic center Redevelopment Fund
39 Measure M Gas Tax Fund
40 AB 2766 Fund
89 Printshop Fund
90 Central Services Fund
5 24,750
700
406,841
8,673
101
1.707
5442,772
3l Authorize the carry over of resources to Fiscal Year 1994.95 as detailed in
Exhibit "C" of the staff report and summarized below:
22 Special Gas Tax Fund
5 103,543
Item No. 20: Consideration of Design Review Committee No. 94.23, safety Netting at Los
Alamitos Race Track, 4961 Katella Avenue.
Recommendation: That the City Council: 1l 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 2l AdOPt the Resolution by title only, title as fOllOWS,
approving Design Review Committee No. 94,23, sUbject to the following conditions: al
the applicant shall COmply with all applicable provisions of the cypress City Code and the
1991 Uniform BUilding Code; bl the safety netting shall be maintained free of rips, tears,
hOles, or any kind of separations, which will Impede the netting'S capacity to stop errant
golf balls.
RESOLUTION NO. 4392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 94.23 . WITH CONDITIONS.
Item No. 21: Consideration of Resolution of Commendation for Eagle Scout David Joseph
Watkins.
Recommendation: That the City Council adopt the Resolution of Commendation by title
only, title as follows, for Eagle Scout David JoSeph Watkins.
RESOLUTION NO. 4393
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT DAVID JOSEPH WATKINS ON ATTAINING THE RANK OF EAGLE SCOUT.
4
252
CITY COUNCIL MINUTES
October 11, 1994
Recreation & park District Matters:
Item No. 22: Consideration of Fiscal Year 1993-94 carry Over of Appropriations,
Encumbrances and Resources for the Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the cypress Recreation and Park District: 1l Authorize the appropriation of
funds in Fiscal Year 1994-95 for the carry over Items as detailed in Exhibit "A" of the staff
report and summarized as follows:
12 General Fund
83 Central Services Fund
S 449,510
14.200
S 463,710
2) Authorize the appropriation of funds in Fiscal Year 1994-95 for items
encumbered at June 30, 1994, as detailed in Exhibit "B" of the staff report and
summarized below:
12 General Fund
S 6,415
3) Authorize the carry over of resources to Fiscal Year 1994-95 as detailed in
Exhibit "C" of the staff report and summarized below:
12 General Fund
S 42,080
END OF CONSENT CALENDAR
On Item 15, Consideration of Negative Declaration for Use of HOME Program Funds for
the Rehabilitation of a Five-Unit Housing Project, 8542-8552 Sumner Place,
Council member Bowman advised that he would abstain on this item. It was moved by
Council member Nicholson and seconded by Councilmember Kerry to adopt a Finding of
de Minimis Impact and approve the Negative Declaration, and direct staff to file a Notice
of Determination and de Minimis Impact ExemPtion. The motion carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Age, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Bowman
Regarding Item No. 16, the City Manager reported that upon advice from the City
Attorney, Consideration of Resolution Establishing Regional Traffic Improvement Fees
for Development within the City of Cypress should be listed under "New Business" on
the Agenda. It was moved by Council member Nicholson and seconded by Age to move
this Item under New Business as Item No. 37A. The motion unanimously carried by the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
o COUNCILMEMBERS:
o COUNCILMEMBERS:
Age, Bowman, Kerry, Nicholson and Partin
None
None
The City Manager advised that there was an item to be added to the Consent Calendar
by a four-fifths vote of the Council on the communication received from the Cypress
Ecumenical Coalition requesting the Council or Mayor proclaim November 15 as "A Day of
Religious Dedication." It was moved by Councilmember Bowman and seconded by
Councilmember Kerry to add this item to the Agenda. It was moved by Council member
Bowman and seconded by Councllmember Nicholson to officially proclaim November 15,
1994 as "A Day of ReligiOUS Dedication" in 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
5
..0'
253
CITY COUNCIL MINUTES
October 11, 1994
ORDINANCES (Second Readinq):
It was moved by council member Bowman and seconded by Council member Nicholson
to order the following Ordinance read by title only, title as follows and to adopt the
ordinance.
ORDINANCE NO. 928
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
CLOSED SESSION: Mayor partin recessed the Council meeting at 5:53 p.m. to enable the
Council to enter Into Closed Session to discuss the agendized matters of: liability claim
of Russ Jakob vs. the City of cypress (Government Code Section 54956.95); conference
with real property negotiator on 9421 Walker Street IGovernment Code Section 54956.8l;
and conference with labor negotiator (Government Code Section 54957.6l. The meeting
reconvened at 7:31 p.m. with all Coul1cilmembers present. Also present were staff
members Bacock, Christoffels, Decarlo, Eynon, storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Council member Age.
PRESENTATION: Mayor Partin presented a proclamation for "Fire Prevention Week",
October 9 -15, 1994, to the orange county Fire Department.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Regan smith, 6033 Trinidad Avenue, cypress, complained about the City Council
giving up the street right-of-way on the north side of orangewood Avenue. She asked
this subject to be placed on the next agenda and for the Council to reconsider their
decision. The Public Works Director explained the right-of-way process.
Council member Age stated that the Council would not place the item back on the
agenda.
Mr. Peter woodington, 6325 san Andres Avenue, Cypress, voiced his displeasure with the
very poor presentation and lack of answers to the Questions at the september 26
Council meeting. He opposed the warehouse project.
Ms. Ingrid Kline, 6163 Trinidad Avenue, Cypress, registered her objections to the City
Council's action on the Warland project, particularly the Negative Declaration and Notice
of Determination. The noise, traffic and pollution as well as the safety hazards were not
adequately addressed and requested the City to withdraw the Notice of Determination
and hold a hearing allowing residents time to adequately address the environmental
Impact concerns. She also requested an updated EIR before allowing construction to
begin on the project.
Mr. Jerry Sharber, Lakia, cypress, asked why alternative sites were not considered for the
warehouse that were away from the neighborhoods.
Mr. David conde, 11301 Anegada street, cypress, requested Information on subsidies
provided Warland Investment company and Shaw Industries for the usage of warland
Avenue by City traffic, Questions on the traffic study, possible transfer of monies to
Shaw as a lease subsidy and why the payment wasn't disclosed at the september 26
meeting. He requested the City Council schedule a public hearing Item to discuss
payments by the City for any infrastructure requirements relating to the Shaw facilities
and any other cities involved because of truck traffic. He stated he wasn't against
development but he wanted to be considered before a project of this dimension was
approved.
6
254
CITY COUNCIL MINUTES
October 11,1994
Mr. Don Buckner, 6063 Trinidad Avenue, Cypress, stated he couldn't believe that a
warehouse was approved for the site.
Mr. Tony Smith, 6033 Trinidad Avenue, Cypress, expressed his concern about the signal
and traffic coming out of Warland Avenue. He requested that the City close off the
intersection of Warland Avenue and Valley View Street to all traffic and mentioned the
benefits to the community. He requested the City Council place an Item on the next
agenda and hold public hearings on the possible closure of Warland Avenue at valley
View Street.
Mr. Roger Church, 11391 Anegada street, Cypress, also asked for the closure of Warland
Avenue at Valley view street.
MS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, complained about the Council's
improper behavior and conduct in approving the major change in the business use of
the property having adverse impact on the entire community. Petitions were given to
the Council, with more than 500 signatures and 150 people In attendance who were not
heard. In order to respond to the will of the people, the Council should withdraw the
conditional use permit issued to Shaw Industries, hold additional hearings or seek an
advisory vote. Input should have been received from the adjacent residents because
they will be greatly affected by increased traffic, safety hazards, noise and air pollution
as well as property devaluation. She requested the City Council withdraw CUP 94.15
before construction begins and schedule hearings to let the people of Cypress be heard
and to adequately address their concerns.
Mr. Donald D. wesling, 11431 Anegada street, Cypress, requested the City Council hold a
pUblic hearing on the affect the warehouse/trucking operation will have on adjacent
residences. He specifically asked the Council to commission a stUdy of the effects of this
facility and associated traffic, 24 hour noise and related POllution and safety hazards will
have on the adjacent residences and to hold a pUblic hearing on how Warland
Investment Company can compensate homeowners for any loss In value determined by
the stUdy If the Council refuses to withdraw their approval of this project.
Council member Kerry suggested that any additional comments be held until the end of
the agenda.
The City Attorney responded to the Question of the possibility of reevaluating the
decision taken at the last meeting on CUP 94.15. Under the municipal code, as well as
state law, the method that can be used to reevaluate would be a motion for
reconsideration. Councllmember NichOlson said she had made the motion for approval
of CUP 94-15, a pUblic hearing was held, people spoke at great length, a decision was
made and the decision stands.
A woman spoke about her concern of the height of the building compared to the FAA
requirements. She stated the FAA has told her differently and she had gotten a file
from the Air Reserve station requesting a 50 to 1 rather than a 34 to 1 clearance.
Council member Bowman said that if the FAA does not approve the clearance, the
project will not be built.
Councllmember Kerry asked for a recess. Councilmember Nicholson stated that the
Council will not return to this item after the recess.
RECESS: Mayor Partin recessed the meeting at 8:15 p.m. The meeting reconvened, with
all Council members present, at 8:30 p.m.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. NO one
wished to speak.
The City Manager reviewed the workShop session on a proposed marketing brochure on
the development of the Business park, outlining the City's attributes. He then
summarized those actions taken by the City Council during the 5:30 p.m. portion of the
meeting.
The City Attorney reviewed discussions held during Closed Session on the three items
listed on the Agenda. The first item was a liability claim; the second was a conference
with the real property negotiator and the third was labor negotiations. The Church of
Christ is on the Civic Center Redevelopment project area and after negotiations between
the Redevelopment Agency and the property owner, mutual purchase and sale of the
7
Ie /.'
255
CITY COUNCIL MINUTES
October 11, 1994
property has been agreed to in the amount of $181,500. There is some hazardous
remedial action that has to be taken In the amount of $3,725, which will be assumed by
the City and a fixed relocation payment of $20,000.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-20. ESTABLISHMENT
OF A DRIVE-THRU FAST FOOD RESTAURANT. 10501 KNOTT AVENUE: The Mayor opened the
public hearing. The City Manager requested the Planning Director summarize the staff
report dated August 31,1994. The application Is for the remodel of an existing building
to establish a franchisee-owned Burger King fast food restaurant at 10501 Knott Avenue.
The applicant is anticipating the hours of operation to be from 6 a.m. until 10:00 p.m.,
MOnday through Thursday with slightly longer evening hours on the weekends. In
accordance with the California Environmental Quality Act, a categorical Exemption will
be filed for this project. No exterior alterations are proposed. A total of 29 onsite
parking stalls are provided. The existing freestanding sign will be used with a Change in
copy only. The applicant proposed to replace the two previous 50 square foot wall signs
with two 24 square foot wall signs. A public hearing notice was mailed to property
owners within 300 feet. To date, the Planning Department has not received comments.
For the record, complaints had been received after the fire, when the facility was left to
deteriorate.
Mr. Dave Kautz, Burger King Corporation, would answer any Questions from the Council.
They intend to fUlly refurbish the interior with a new decor and equipment package.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman and seconded by Council member Nicholson
to close the public hearing, adopt the Resolution by title only, title as follows and
approve Conditional Use Permit No. 94-20, subject to conditions.
RESOLUTION NO. 4394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 94-20 - 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: AMENDMENT NO.2 TO CONDITIONAL USE PERMIT NO.
93-12. ADDITION OF FOOD TRAILERS. DELETION OF PARKING AREA. 5303 KATELLA AVENUE:
Mayor Partin opened the public hearing. The Planning Director reviewed the staff
report dated September 27,1994, which represented a request to modify Conditional
use permit No. 93-12, with the fOllowing changes: 1) allow the four food vendor trailers
and the vendor information trailer to remain on the swap meet site on a permanent
basis; 2) to eliminate the proposed parking areas north of the railroad tracks; 3l
postpone the additional striping of the parking lot area located west of the swap meet
area; and 4) delete the requirement for a landscape bond. Staff is recommending that
the landscape bond be reduced to cover the area adjacent to the swap meet area and
prorate it from the date of the original approval, but not waiving the landscape bond
totally. In accordance with the requirements of the California Environmental Quality
Act, a Negative Declaration will be filed for this project. The applicant would like to
discuss with the City Council the status of the swap Meet, how it is progressing and If
there are any Council concerns regarding their performance. Notices of the public
hearing were published, posted and mailed to property owners within 300 feet of the
subject property as well as to the City of Los Alamitos. The City of Los Alamitos
expressed a concern that additional parking may be needed In the future and suggested
a condition of approval requiring paving and striping of the area north of the railroad
tracks should it be needed. Staff felt that the requested amendment to Permit NO. 93-
12 was appropriate, subject to conditions and modifications as described in the
recommendation for approval.
Mr. Ernie Galloway, 4961 Katella Avenue, LOS Alamltos, stated that the swap meet started
off very well with 390 vendors. Since then, it has declined to about 197 vendors but
they hope to turn it around during the holiday season.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
close the public hearing, adopt a finding of de Minimis Impact, approve the Negative
8
256
CITY COUNCIL MINUTES
October 11, 1994
Declaration in accordance with the requirements of the California Environmental Quality
Act 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 Amendment NO.2 to
Conditional Use Permit NO. 93-12, subject to conditions, including the additional
screening around the food vendor trailer.
RESOLUTION NO. 4395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT NO.2 TO CONDITIONAL USE PERMIT NO. 93-12 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDED MCDONNELL CENTER SPECIFIC PLAN NO.
82-1. NORTHWEST CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE: Mayor partin.
opened the public hearing. Initially, the Planning Director handed out a summary of
proposed revisions dated October 11, 1994, to some of the entitled uses in the specific
Plan. But, in review, there were some consistency issues with other Specific Plans, other
areas where it was changed from a permitted use to a conditional use and she
requested that the "...provislons for Shared Parking may be made subject to approval by
the Planning Director." be changed to "...subject to approval of a Conditional Use
Permit." Another change presented was to adopt the specific Plan as an Ordinance and
supersede the existing zoning on the property. She mentioned that the amendment to
the specific Plan, previously presented as a Resolution, is being changed to an
Ordinance, which was passed out to the Council. The only change between the existing
Resolution adopting the Specific Plan and the Ordinance is changing the word
"Resolution" to "Ordinance" and added a fifth "Whereas" stating, "Whereas the amended
Specific Plan SP 82-1 is intended to replace and supersede both the existing MCDonnell
Center Specific Plan as previously adopted and amended in Ordinance No. 720, the PC
Planned Community and Light Industrial Zone NO.3." She then presented the staff
report dated October 7, 1994, which represented a request by McDonnell DOuglas Realty
Company (MDC) to amend the existing McDonnell Center Specific Plan. The proposed
Amendment, prepared for the City by Robert Bein, William Frost & Associates (RBF),
would supersede and replace the existing Specific Plan. ACCording to the requirements
of the California Environmental Quality Act, an Expanded Initial StUdy and Mitigated
Negative Declaration were prepared for this project. A Notice of Intent was published in
the News Enterprise for a 30 day publiC review period from september 8 through
October 8, 1994. If the Mitigated Negative Declaration and project are approved by the
City council, a Notice of Determination and Finding of de Minimis Impact will be flied.
McDonnell Douglas Realty Company is now requesting approval of a revised and
expanded Specific Plan to reflect the Company's current objectives. A discussion of the
changes and Issues of the proposed Amended specific Plan are provided. The analysis
addressed issues of the City'S practice In review of specific plans, the project summary,
comparison of existing and proposed sections of the Specific Plan, General Plan and
Regional Plan consistency, environmental review, consistency with the orange County
Airport Environs Land Use Plan and fiscal impact analysis. The proposed Amended
McDonnell Center specific Plan represented an appropriate update, expansion and
replacement of the existing McDonnell Center specific Plan. The amended land use plan,
including the additional square footage is consistent with the goals and objectives of
the General Plan. Moreover, its potential environmental impacts are adequately
addressed under the General Plan Update EIR, the Citywide Traffic Fee Program and the
project's Mitigated Negative Declaration. Per current policy, the City has allowed the
property owner to request plans for the mix of land uses. A fiscal impact study has
indicated that the 737,000 square feet of remaining development under the Amended
specific Plan will generate a surplus of $14,555. Notices of the public hearing were
publiShed, posted and mailed to al property owners within a 300 foot radius. AS of the
date of this staff report, no comments have been received.
Responding to Councilmember Kerry's Question on right-of-way, the Public Works
Director reported it is understood that the access for the properties along Walker would
be driveways. The City cannot arbitrarily ask for street rights-of-way. There has to be a
direct nexus between what we are asking for and what's being proposed.
9
CITY COUNCIL MINUTES
October 11,1994
After further Questions and answers, Council member Kerry asked that the business
address be clearly displayed on the slgnage.
Mr. Merle pautsch, McDonnell Douglas Realty company, 4060 Lakewood Blvd., Ste. 66,
Long Beach, explained the development history of property and what ended up being
developed was larger parcels thus eliminating the need for about one-half of the street
infrastructure and resulting in between 12 and 14 parcels. pacificare has the need for a
large campus corporate headquarters and will be located at the corner of Katella and
valley View Street. The proposed specific Plan is consistent with the General Plan and
meets the traffic parameters. The additional density does not adversely impact the
traffic because of the mix of business uses. He had no problem with the conditions. He
agreed with the address signs needing to be prominent.
Responding to Council member Age's remark on restaurants, Mr. Pautsch reported that
they have been In discussion with several different organizations and there is the
potential of a smaller restaurant next to EI Torito.
Councllmember Kerry stated that, upon advice from the City Attorney, she will abstain
from the vote because of a possible conflict of interest as her business is within 300 feet
of the SUbject property. She then stepped down from the dais.
No one wished to speak in support of or in opposition to the application.
It was moved by Council member Bowman and seconded by Councllmember Nicholson
to close the public hearing, adopt a finding of de Minimis Impact, adopt the attached
Resolution by title only, title as fOllOWS, approving the Mitigated Negative Declaration,
with mitigation measure and the Mitigated Monitoring program and approve the first
reading of the Ordinance by title only, title as fOllOWS, amending McDonnell Center
Specific Plan No. 82.1. The Planning Director asked if Council wished to include a
condition regarding the wall signs and address identification. The Council concurred
and the Planning Director added, on Page 56, a new "i" incorporating the request and
changed the current "i" to "j." Council member Bowman agreed to Include that
condition and Council member Nicholson concurred.
RESOLUTION NO. 4396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE
MITIGATED NEGATIVE DECLARATION FOR THE AMENDED MCDONNELL CENTER SPECIFIC
PLAN NO. 82.1.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE PC
PLANNED COMMUNITY COMMERCIAULlGHT INDUSTRIAL ZONE NO.3 FOR THE 71.23
GROSS ACRES LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW STREET AND
KATELLA AVENUE.
The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Kerry
CONSIDERATION OF PUBLIC HEARING RE: FINAL DRAFT NON DISPOSAL FACILITY ELEMENT: The
public hearing was opened by the Mayor. The City Manager asked Jamie Herbon to
summarize the staff report dated September 27,1994 stating Assembly Bill 3001
required cities and counties to prepare an additional planning document, the
Nondlsposal Facility Element (NDFEI. The NDFE Is a document which identified and
described all new and any expansion of existing nondlsposal facilities which will be
needed through the year 2000 to Implement the City's Source Reduction and Recycling
Element (SRREl programs. AS required by NDFE regulations, one public hearing will be
held to consider the City's NDFE and the Notice was published In the News Enterprise.
AS of today, no comments have been received by the City Clerk's office. If approved by
the City, the NDFE and the previously approved SRRE will be sent to the state for
document adequacy review. When these documents are approved by the state, the City
will provide annual reports on the progress toward meeting the goals of AB 939.
10
CITY COUNCIL MINUTES
October 11,1994
Mayor partin asked if anyone wished to speak for or against the final draft. NO one did
so.
It was moved by Councilmember Age and seconded by Council member Nicholson to
close the public hearing, adopt the Resolution by title only, title as fOllOWS, adopting the
City's Final Draft Nondisposal Facility Element and direct staff to submit the SRRE, NDFE
and all related public notices environmental documents to the California Integrated
waste Management Board by December 31,1994.
RESOLUTION NO. 4397
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REGARDING THE
ADOPTION OF THE CYPRESS FINAL DRAFT NONDISPOSAL FACILITY ELEMENT.
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. 94-16 AND VARIANCE
NO. 94-6. SIX DETACHED CONDOMINIUMS. 5592 CRESCENT AVENUE: Mayor Partin declared
the pUblic hearing open. He advised that the applicant has submitted a request that
this item be continued. The continuance will allow the applicant additional time to
revise the proposed plans in response to staff comments.
It was moved by Council member Kerry and seconded by Council member Nicholson to
continue this item to the City Council meeting of November 14, 1994. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM DORIS SHYKEN OF THE SAVE
OUR STATE COMMITTEE. REQUESTING SUPPORT OF PROPOSITION 187 - ILLEGAL IMMIGRANT
MEASURE: The staff report dated October 5, 1994 had attached an analysis of the ballot
measure as previously requested by Council. Mayor partin announced that Council had
discussed this item and they did not believe it was the position of the City Council of
the City of Cypress to take a position on the measure because it should be left to the
individual voter.
CONTINUATION OF CONSIDERATION OF AMENDMENT TO NEON USE POLICY: The City Manager
asked the Planning Director to present the staff report dated september 26,1994, which
indicated that the City Council had adopted a Neon Use policy for the use of neon as
signage and architectural design elements. This policy was drafted as a result of an
increase in requests for neon during 1990. At the City Council meeting of July 11, 1994, a
development proposal requesting the Installation of neon on a metal surface to
enhance a building'S architecture was presented to City Council for consideration. The
current poliCY prohibits neon from being installed on a metal surface. After review of
the application, Council felt the Neon Use poliCY should be amended In order to allow
for more flexibility In the application of neon and instructed staff to amend the current
pOlicy to allow for the review and consideration of neon applications on a case-by-case
basis.
Council member Bowman asked it if would be prudent to wait on this and the Planning
Director replied that there would be an inconsistency with the policy. When Council
approved the Angel's Diner project, they directed staff to change the policy to be
consistent with Council action. Council member Bowman requested that the policy be
changed to have a review by Council. Council member Kerry suggested leaving the
wording as is and add, "may be approved on a case-by-case basis by the Design Review
Committee sUbject to City Council approval."
Council member Age stated that she had voted "no" on this project because she felt that
the neon signage was too much. She was not against the business; however, she didn't
like the Idea of the neon against the metal because it intensified the look. She said she
would vote "no" on the amended neon use policy. The City Attorney advised her to
vote "no" based on the policy itself.
11
~
,
259
CITY COUNCIL MINUTES
October 11, 1994
It was moved by Councilmember Bowman and seconded by Councllmember Kerry to
adopt the amended Neon Use policy, including the change crossing out Design Review
Committee and substituting "City Council." The motion unanimously carried by the
following rOil call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Kerry, NichOlson and partin
1 COUNCILMEMBERS: Age
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF DISCUSSION REGARDING RECONSTRUCTION OF DAMAGED
DWELLINGS: This item was a request from Councllmember Nicholson and the City
Manager had asked the BUilding Office to summarize the City's current policy. The staff
report dated October 5, 1994 Indicated that if a residence is damaged by fire, it is
customary for the owner to be given a reasonable time to restore the building to Its
original condition. This normally works out to be about a year from the date of the fire,
which is the rationale that has been used by the City for some time.
Councilmember Nicholson brought this item up because there have been several
buildings In the City that were burned out and sat for a long period of time. Her
concern was the vandalism, vermin and the length of time. However, it has been
satisfactorily explained by staff.
The City Manager advised that one of the issues that could be considered was the
nuisance existence even though the City is allowing a timeframe for reconstruction. The
Planning Director commented that perhaps the Building Official could provide Council
with a status report every two months.
The City Attorney remarked that It can be a pUblic nuisance on the second day, because
the City has the police power to protect the health, safety and welfare of the citizens
notwithstanding a proprietary Interest that the individual may have. If they are in a
serious state of disrepair and children are going in there, the City can commence public
nuisance hearings.
Counciimember Nicholson requested that a Quarterly status report be provided to the
Council.
The Planning Director clarified that council would be notified when the Building Official
is first notified and then Quarterly thereafter.
It was moved by Councllmember Nicholson and seconded by Councilmember Age to
receive and file the report.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Partin recessed the meeting at 9:45 p.m. and reconvened the meeting at
10:06 p.m., with all Councilmembers present.
CONSIDERATION OF THE DESIGN AND CONSTRUCTION AND THE OCCUPANCY POLICY
AGREEMENTS FOR THE ON-SITE STORAGE FACILITY AT OAK KNOLL PARK: This item was moved
forward by Mayor Partin and the Recreation and park Director presented the staff
report dated October 4,1994, which advised that staff and the Recreation and
community Services Commission had been working with the oak KnOll Park youth sports
user groups to create plans for a much-needed storage faclllty. Two agreements were
entered into with the Cypress Recreation and Park District and the three primary users,
cypress Federal Little LeagUe, Cypress PONY Baseball and Cypress Youth Athletic
Association, of the Oak Knoll park sports facilities. The first agreement was for the
design and construction of an on-site storage facility and the second was the Storage
occupancy policy for the Oak Knoll Park on-site storage Facility. The users will share
equallY the estimated project cost of $14,028 for all materials and services needed for
the construction of the storage facility.
Mayor Partin suggested that the District appeal to Southern California Edison to relocate
the utility box at little or no charge for the City of Cypress youth.
12
260
CITY COUNCIL MINUTES
october 11, 1994
It was moved by Councllmember Bowman and seconded by Councilmember Age that
the City Council acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District:
1) Approve the On'Site storage Facility project and the two agreements for Design
and Construction and the storage Facility occupancy POliCY and direct the District
to begin processing the agreements; and
2) Appropriate $4,500 from the City Open space Fund to Capital Project Number
547.29 of the Cypress Recreation and park District's 1994.95 budget.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AMENDMENT TO THE LARGE VEHICLE PARKING ORDINANCE: The Public
Works Director reviewed the staff report dated september 28, 1994, which advised that
when the Large Vehicle Ordinance was adopted In November 1992, It repealed the
existing ordinance applying to commercial vehicles only. It was noted by Traffic
Commissioner Hawkins that several tractor trailers were frequently parking along the
south side of Lincoln Avenue, east of Bloomfield Avenue. Due to an exception In the
new large vehicle ordinance, these vehicles were allowed to park at this location for up
to 48 hours. The police Department stated that the problem with enforcing this section
is that it gives a set time frame allowing all large vehicles to be parked on City streets. It
was the Traffic Commission's concern that if this section was not amended, commercial
vehicles might start parking on various truck routes throughout the City for extended
periods of time. After discussion, the Traffic Commission recommended the City Council
amend the Large Vehicle ordinance so the loading/unloading exception with the 48 hour
stipulation not apply to commercial vehicles. The amended ordinance has been
reviewed and approved by the City Attorney.
The City Attorney reported that he and the Police Chief had reviewed the ordinance and
they felt that the best way to amend the ordinance was to refer to the definition from
the vehicle code. He read from the code, "Any vehicle of a type to be registered under
this code use or maintain for the transportation of persons for hire, compensation or
profit or design, use or maintain privately for the transportation of property." This
section specifically exempts motor homes and house cars. He suggested that wording
be inserted under section 16.73 along with the other definitions.
It was moved by Council member Age and seconded by Council member Kerry to approve
the first reading of the Ordinance by title only, title as follows, amending Section 16,73.1
of the Cypress Code relating to overnight parking of Oversized Vehicles and inserting the
Vehicle Code definition under section 16.73 as suggested by the City Attorney.
Councilmember Bowman stated that he had Questioned this section but upon reading
Section 16.73.1, the provisions of the exceptions only apply to 1(al and not to 1(bl, which
covered exactly what was being discussed. He believed the code could have been
enforced the way it was written.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 16.
73.1 OF THE CODE OF THE CITY OF CYPRESS, RELATING TO OVERNIGHT PARKING OF
OVERSIZED VEHICLES.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT NO. 93,15.124
UNIT SENIOR APARTMENT COMPLEX. 9021 GRINDLAY STREET: The City Manager advised that
this was a change based on the revised housing study. The Planning Director presented
the staff report dated October 5, 1994, which indicated the applicant had submitted a
letter requesting a six month extension of Conditional Use permit NO. 93.15 for the
13
IV'
Ztl
CITY COUNCIL MINUTES
october 11, 1994
construction of a 124 unit senior apartment community at 9021 Grindlay street. A
proposed extension of a conditional use permit allowed the City to amend or add any
conditions of approval appropriate for the project. In consideration of the project's
status, staff had identified an appropriate modification of three of the affordable units
for the subject conditional use permit be redistributed to "moderate Income"
households. The applicant has concurred with this modification.
Council member Bowman Questioned the change to moderate Income housing. Council
gave certain concessions for low and very low income housing, which is very important
to the seniors. He stated he would not vote for this because the commitment to low
and very low income housing should be honored.
After some discussion, the Planning Director asked to receive Input from the Council,
look at the Issue further and continue this Item to the meeting of November 14,1994.
Council member Bowman also asked about redevelopment law and
if the project is designated as low or very low, then It should also Qualify for moderate
housing.
It was moved by Council member Nicholson and seconded by Councilmember Age to
continue this item to the City Council meeting of November 14,1994. The motion
unanimously carried by the fOllowing rOil call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF ESTABLISHING THE CLASS SPECIFICATION AND COMPENSATION FOR OFFICE
WORKER lTEMPORARY/PART-TIMEl: The personnel Director reviewed the staff report dated
October 6,1994, which described the proposed classification specification and
compensation for a temporary/part-time position entitled Office Worker. Employment
in this position Is intended to be for a specified period of time, not to exceed an
average of 30 hours per week or 1000 hours per fiscal year. It is recommended that the
compensation for this position be $4.25 per hour, the current State of california
minimum wage rate.
It was moved by Council member Bowman and seconded by Council member Age to
approve the classification specification and adopt the Resolution by title only, title as
fOllows, amending Resolution 4178 to add the new classification and pay rate of Office
Worker.
RESOLUTION NO. 4398
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4178, BY
ADDING A TEMPORARY/PART-TIME CLASS TITLE AND HOURLY PAY RANGE FOR THE
POSITION OF OFFICE WORKER FOR TEMPORARY AND SEASONAL EMPLOYEES NOT
PLACED UNDER THE GENERAL COMPENSATION PLAN.
The motion unanimouslY carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF SALARY AND BENEFIT RESOLUTION FOR TOP MANAGEMENT EMPLOYEES:
The City Manager presented the staff report dated October 4,1994, and the attached
resolution, which provided for benefit changes for the Top Management Employees and
conforms to prior authorization Issued by the City Council.
It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as fOllOWS, amending Resolution No. 4256, establishing
salary ranges and other benefit changes for the top management positions.
14
262
/ ~-
'<'€I'TY COUNCll,MINUTES
. 'Octlotjer1i1; ~~4
,::1,,' ,::, ";',
RESOI:UTIONNO. 439~
. -~ 21') ~_>
'y. \' ..~ti'
ij'
,i _,'--''/;'):'-1i_, -;~
A RlsotUroNaF lfIini:'OIlY OF CVPRESSANO AtTlNG: AS THE exOFPIOIO aOARI1 'OF \
'DIRECl'ORs,OfTHE 'UfPRl$S,RE'CRBt/TIClN AND 'FARK\DIS'fRlcr.. A"SUBSIDIARY.DlS:rRICT'
OF THE <J1TY'0f 'O'YJP1mSS, AMaIIDING' RESOtUTION'NU.> 4257, iSTABLlSHING: SAlAJr(:, '
RANGES AND OTHERaSNEFlTiCIitAI\1GE9:FGHHHE TOPMANACEMENT 'POSITIONS.""'"
,rrne motlonunan1mOUS1V 'CWT.!OObythe,fOUOWln{l !'Oneall vote:
'...:t'.__
~ ]'
r~, ;"~ i" 1
;--l::':' ::';:\','):'.;
AYES:
NOES:
ABSENT:
, 5roUl\lOItMEM8~S:
o COUNCILMEMBERS:
o COUNCILMEMBERS:
Age, Bowman; Kerry, NICr\Olson am:! 'Partlllj' .
Hone
None
1 "uc':: -::~
"-"
CONSIDEli'ATtON OF'CAHCEUATroNOf THECl'VY ,(!OUNCllMEHfNG SCHEDULED FOR :OCifOBEiR
24 1994 AND CONTINUATION OF CHEDULED PUBLIC HEARING REGARDING THE FIVE-YEAR
IMPLEMENTATION PLAN ,FoQRtl"H8AMiNl:)fiDREDE'tIEtOfllMI!NT'PllANSiTI19 tiWM~ r:,
rWleweo the staff:/tlJ;lort ttm!ecI:O'ctob~t 5.1994, whlCl'illd\7l5ed that me CitV'(l(i\:In~lflilld
previously agreed to cancel the October 24, 1994 City Council meeting due to the::,:
conflict with the League of California Cities' conference. Since a public hearing had
been PUbll!llledfOrtneOCt6bElr>Gl4nleetlng, the city Attorney advised th'at:1:hE!'City
Counctl9hOO1l':t take'offidlillftltlonW'ci:1ntlnue me SlIbjectpubHC hearll19 to the neXty
regularly scheduled meeting to be hefdonMOndaY,Nowemlrer 14, '1994,
It was mol/ed by COUncllmemberNlcholSon and secOndedbV Council member Kerry to:
1l Announce the cancellation of the OCtobEir 24,1994 City COuncil meetitlg; and
2) Mtl(l:lgas-,tI<(e'CVDressRedeve]'()J)ftletlt Agency, continue the PubllcHearll1gtQ' ,,'
cOnsldertheFr~e.YearlmplementatlOn Plan fOr tl1E!AmehdedCivlccentei"..~
ReotwelopmeritJlIlm,L1m:olnAllei1Oe Redevelopment Plan and the LOs 'Alamltos'
.R3ce1'raCk'andOot1' COUI'lle. Rede\l'ell)pment Plan to the City councll,m&etln~H~>f
November 14;'1'1!l9<l:'
The motion ,un3i1lmol1sly carried' bY thefOIlOWlng rollcall vote:
AYES:
NOES;
ABSENT: '
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
, 0 ,COUNClLMEMSERS: None
o CO!JNCllMEMBERS,'None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 11954.
12125: It was moved by counciln1ElI11bEil"Nlcholsoll and seconded by Councilmember
Age to approve the Warrants No. 11954 through 12125 in the amount of $980,289.94.
The niotlbnUrnll'lit1lOUslycatriedfbythefbllOWlng roll call vote: '
'.'.'."::i' ,.:t', ,:,';
'AYES:.' .
NOES: '
ABSENT:
,) 5C'OlfNCILM'EMeERS: Me, Sowmarr, Kerry, Nicholson and Partin
. , 0 'COUNClI1MEMBERS: None
,eCOlJl\ICfLMEMflERS: 'Norie
CONSIDERATION OF RESOLUTION ESTABLISHING REGIONAL TRAFFIC IMPROVEMENT FEES FOR
DEVELOPMENT WITHIN THE CtTYOF CYPRESS: The City Manager requested me PUbllc'Wtlrks
Director summarize the staff report dated september 30,1994, which indicated that the
Council had adopte:dOrdinancEi No. 926 .establishing regional traffic impact fee
requirements for new development/redevelopment within the City of Cypress. The
attached resolution sets forth the fees in accordance wIth tn0Se reflected itlthe
Regional Traffic Impact Fee Analysis dated August 1994.
It was moved by councfln1ember Nicholson and seconded' by counCilmembElr'Kerrv to
am,pt the Resolutic:lnby'tftle.onlv; title as fOllOWS, establiShing reglonaHraffiC,
improvement fees for new development/redevelopment within the City of cypress.
RESOLUTION NO. 4400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING REGIONAL
TRAFFIC IMPROVEMENT FEES FOR DEVELOPMENT WITHIN THE CITY OF CYPRESS.
The motion unanimously carried by the fOllowing roll call vote:
15
/0 ;;. b
263
CITY COUNCIL MINUTES
October 11, 1994
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Recreation and Park District Matters:
CONSIDERATION OF THE CYPRESS RECREATION AND PARK DISTRICT 1994 AMENDED FACILITY
USE GENERAL REGULATIONS: The Director of Recreation and park District presented the
staff report dated October 4,1994, which Indicated that the Cypress Recreation and
community services Commission reviewed the Cypress Recreation and Park District's
1994 Amended Facility Use General Regulations and recommended approval to the City
Council. The General Regulations were amended, as per the City Attorney's direction, to
update the policy and rules to be inclusive of all District Facilities.
It was moved by Council member Nicholson and seconded by Council member Bowman
that the City council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, approve the cypress Recreation and park District
Facility use General RegUlations with amendments as recommended by the Recreation
and Community Services Commission. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, NiCholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Partin recessed the meeting at 10:35 p.m. to allow the Council to
convene as the Cypress Redevelopment Agency. The Council meeting reconvened at
10:37 p.m. with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Council member Bowman reported on the Oktoberfest held on October 8 at the cypress
community Center. There was a good turnout and a good time was had by all.
Council member NichOlson asked the Police Chief if there have any complaints about the
Los Rios Restaurant now that it has opened. The Chief responded that there have been
no complaints of any substance.
She also asked the Planning Director If pool tables were allowed in an existing restaurant
without a conditional use permit. The Planning Director replied in the affirmative but
would check the code on the number of tables allowed.
Council member Age mentioned candidates night will be cablecast on Channel 3 on
several evenings.
Councilmember Age welcomed the City Attorney back.
Mr. Dave conde, 11301 Anegada street, Cypress, mentioned several Questions brought up
earlier by citizens and none of the issues were addressed. He would like to know when
they will be addressed, if they are going to be addressed as a group or singly.
Councilmember Age suggested that the Questions be asked and then directed to staff.
Mayor Partin suggested Mr. Conde give his address to the Recording secretary, the
Questions will be looked Into and as many as possible answered.
Mr. Conde stated that If his Questions weren't clear, he would clarify them.
The City Manager suggested that the planning Director set up a meeting with the
Finance Director, PUblic Works Director and Planner to explain and answer the Questions
posed.
Councilmember Age stated that she didn't want him to go away thinking that the
meetings will be held and the Council will put it on the Agenda and undo it. He had
every right to understand and sit down with staff and ask Questions until they are
answered to his satisfaction. However, she reiterated that this issue will not come back
on the agenda for another vote.
The City Attorney expressed concern about the proposed meetings as to whether or not
he would be required to be there or if they should even be conducted on a meeting
basis. He advised that he would have to discuss with the City Manager whether the
16
264
CITY COUNCIL MINUTES
October 11, 1994
responses be through a meeting, written responses or just have someone from Planning
call and say what was done.
Councilmember Age suggested having three people from the south area represented in
a meeting with staff with the City Attorney present.
The City Attorney responded that these were options that he and the City Manager
would discuss them.
The City Manager clarified that some of the citizens from that area have been in, met
with staff and discussed some of the issues that have been raised. Copies of the
Development Agreement have been made available.
Council member Kerry asked If there was a complete set of all paperwork submitted at
the hearing and asked if It could be placed at the library for anyone to look at.
Mr. Conde stated he was not sure he could go through the papers and be conversant
with the Information. He is looking for help to get the answers.
Councilmember Age appreciated his comment because it does take a long time to
understand the terminology and the government process. She remarked that a
meeting with staff would help him understand the process much better.
The City Manager said that within the limitations set down by the City Attorney, the
staff will be able to respond.
Mr. Anthony Smith commented there was also specific action recommended to the City
council, i.e., he requested that the City place an Agenda item for the next Council
meeting to address the closure of Warland Avenue at valley View. If it is not going to be
placed on the Agenda, he would like to know that and know why.
Council member Bowman said that It will not be placed on the Agenda and the reason is
there was a traffic stUdY done for that site and the traffic study indicated that there
needed to be a traffic signal at Warland. The reason Warland Drive is there is to take
some of the pressure off the intersection of valley View and Katella.
Mr. Smith asked If there was specific consideration given to closing that off and having
all of the traffic access on Katella and Valley View.
The City Manager advised that this type of Question could be answered at staff level.
Councllmember Bowman commented that what Mr. Smith wanted to know was did the
City consider that and the answer is yes. He said that the stUdy had already been
completed, that decision has already made--Warland Drive Is open and there is going to
be a traffic light at the corner of Warland and valley view.
The City Attorney advised that the street cannot be unilaterally closed. The Streets and
Highways Code sets out certain criteria and it is basically a state-run procedure and he
doubted that It could be done even if they wanted to under what the State would
mandate. Again, he didn't think it was a good idea to debate and research this because
preliminarily there are legal obstacles even if the City wanted to close Warland.
Mr. Smith asked if It were legally possible to close Warland and direct the traffic out and
then they could address whether the City would approve that or not.
Council member Age said that she wanted to make one pOint very clear and she referred
to the General Plan of the City that was approved 30 years ago: that property was
zoned for Industrial use before anyone moved In down there.
Mr. Smith said the Business Plan had restrictions in terms of the operating hours for
trucking activity and for conducting business, it did not permit 24 hour a day, seven
days a week.
Councllmember Bowman asked the City Attorney to research that.
Responding to Councilmember Kerry, the planning Director said that normally
restrictions like that are placed on the Individual project.
17
. -~~-,.,-_.~---_., ._. ~...
/~ 165
CITY COUNCIL MINUTES
october 11, 1994
The City Manager said that originally a discussion of the Community Development Block
Grant (CDBGI had been scheduled for the next meeting, which had been cancelled. He
asked that the Council review the report, look at potential projects and provide any
comments by october 17,1994. A staff report will be made at the November 14, 1994
Council meeting. The Planning Director had asked various department heads if they had
anything to submit and both Public Works and Recreation and Parks did have projects.
The pUblic Works Director advised that there Is a current project for making
improvements on Crescent Avenue. Also, they would like to do the same type of
improvements to Moody street, north of Lincoln Avenue. The Recreation and Parks
Director stated that they were aiso requesting a project at Arnold/cypress park.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Partin adjourned the meeting at 11:06 p.m. to 5:30 p.m. Monday,
November 14,1994.
AfdJF~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY ~~~~~ CYPRESS
18
/ (~ -~.
266
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 24, 1994
The Regular Meeting of the Cypress City Council was called to order at S:30 p.m. on Monday,
October 24, 1994, In the City Council Chamber, S275 orange Avenue, Cypress, california, by
City Clerk Darrell Essex.
PRESENT:
ABSENT:
None
Councllmembers Age, Bowman, Kerry, Nicholson and Partin
ADJOURNMENT: Due to the lack of a Quorum, the City Clerk adjourned the meeting at 5:35
p.m., to MOnday, November 14, 1994 at 5:30 p.m. In the Council Chamber.
~~avL/
M YOR OF THE CITY OF CYPRESS
ATTEST:
CITY c!!~ ~CYPRESS