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Minutes 95-02-13 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 13,1995 The Regular Meeting of the cypress City Council was called to order at 4:30 p.m., Monday, February 13, 1995 in the Administrative Conference Room, City Hall, 5275 orange Avenue, cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Council members Bowman, carroll, Kerry and Age Councilmember Jones Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Eynon and storey. WORKSHOP SESSION: Continued Discussion of the Planned cypress Citizens Committees. The Council discussed the possibility of the Planned cypress Citizens Committees, its various aspects and what was desired as far as citizen partiCipation was concerned. Discussions ranged from the Neighborhood Watch program, which the Council has asked the Police Department to reactivate if possible, to those of Public safety and other volunteer efforts. Council appeared to have a consensus in the public safety area and it will be considered further under Item No. 24 on the 7:30 p.m. Agenda. COUNCILMEMBER JONES ARRIVED AT 4:45 P.M. Discussion of Redevelopment Issues. Because of time constraints, the Council briefly discussed the redevelopment program. The Finance Director summarized a handout regarding the funds available or not available in the various redevelopment areas. It was the Council's consensus to have other workshops to study additional details of the cypress Redevelopment Program. RECESS: Mayor Age recessed the meeting at 5:30 p.m. to enable the Council to reconvene in the Council Chambers. The meeting reconvened at 5:45 p.m. with all Council members present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Christoffels, DeCarlo, EynOn, storey and Wicker. CONSIDERATION OF CONTINUING PART-TIME CONTRACT BUILDING INSPECTION SERVICES: The Planning Director reviewed the staff report dated February 6, 1995, which indicated the BUilding Division has utilized the services of a part-time building inspector since 1988. Melad and Associates, the City's building plan check firm, provides services on an as- needed basis at the rate of $35 per hour. Because of the workload caused by additional development in the City, the budgeted amount will be used before the end of the fiscal year. It was moved by Council member Kerry and seconded by Councilmember Bowman to: 1. Authorize a contract for building Inspection services on an as-needed basis, through Melad and Associates, 8907 warner Avenue, #161, Huntington Beach, CA 92647, at the hourly rate of S35, not to exceed a total of $81,300. 2. Approve an appropriation from the unrestricted Fund Balance of the General Fund to the following accounts: 4018-11-243.09 4018-11-244.09 4018-11-245.09 $27,100 $27,100 $27,100 The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AUTHORIZATION TO RELEASE "LETTER OF INTENT" FOR FISCAL YEAR 1995/96 POLICE PURSUIT VEHICLE PURCHASE: The Finance Director summarized the staff 1 CITY COUNCIL MINUTES February13,1995 report dated February 7,1995, In which the Police Department had requested authorization to release a "Letter of Intent" to purchase three police black and white pursuit vehicles after July 1,1995. This action will guarantee availability of the units during the nonproduction part of the year at the Sheriff's discounted cost structure to the City of cypress. Government agencies may "piggyback" with this award thereby receiving the large quantity purchase discount for small quantity purchases. There is no obligation for the future purchase should the City Council not approve the order. It was moved by Councilmember Jones and seconded by Councilmember Kerry to authorize the PurChasing Officer to release a "Letter of Intent" to Wondries chevrolet, 1247 west Main st., Alhambra, CA 91801-3330, to purchase three police pursuit vehicles under the Los Angeles county Sheriff's Department contract after July 1, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF CONTINUATION OF PLANNING CONSULTANT SERVICES: The Planning Director presented the staff report dated February 8, 1995 advised that the City utilizes the services of Hogle-Ireland Inc., for contract planning services. Because planning activities continue to be at a high level, staff is requesting that the $17,000 salary savings from the vacant planning position be reallocated from permanent salaries to consultant services. It was moved by Council member Kerry and seconded by Council member Jones to: 1. Authorize the transfer of funds from Permanent Salaries Account NO. 4001-11-192- 06 in the amount of $4,000 to Consultant Services Account No. 4189-11-192-06. 2. Authorize the transfer of funds from Permanent Salaries Account No. 4001-11-193- 06 In the amount of $13,000 to Consultant Services Account NO. 4189-11-193-06. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSENT CALENDAR: Mayor Age suggested that Item No. 26, Consideration of Design Review Committee permit No. 95-7, be considered as a part of the Consent Calendar. It was moved by Councilmember Kerry and seconded by Councilmember Jones to move the item to the Consent Calendar. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Carrol requested Items NO.9 and 12, Proclaiming "Save Your Vision Week" and Emergency Services Agreement with SUlly-Miller contracting Co. be removed. Councilmember Kerry asked that Items 15,17 and 19, Waiver of Fees for the Arthritis Foundation, Solicitation of Bids for the Construction of a Public Restroom in veterans park and orange County Employment Relations Consortium Contract Renewal, respectively, be pulled. The Planning Director requested that Item 26 be removed for clarification. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the Consent Calendar Items NO.4 through 20, with the exception of Items NO.9, 12,15,17,19 and 26. Mayor Age noted her abstention on the 5:30 p.m. portion of the minutes of January 23, 1995 due to her absence during that period. The motion unanimously carried by the following roll call vote: 2 CITY COUNCIL MINUTES February 13, 1995 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.4: Motion to Approve City Council Minutes of January 23, 1995. Recommendation: That the City Council approve the Minutes of the Regular Meeting of January 23, 1995, as submitted. Item NO.5: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented for Consideration by Title Only and to Waive Further Reading. Item NO.6: Consideration Of an Application for Alcoholic Beverage License Transfer Filed by Thuy Thi Le Hang and Tong van Nguyen, D.B.A. omega Liquor, 4346 Lincoln Avenue, cypress Recommendation: Receive and file. Item NO.7: Consideration of Adoption of Resolution Commending Marlene Pilichi on Being Selected as the Cypress College Americana Award Recipient from the City of Cypress. Recommendation: That the City Council adopt the Resolution of Commendation for Marlene Pilichi, 1995 Cypress College Americana Award recipient from the City of cypress, by title only, title as follows: RESOLUTION NO, 4441 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MARLENE PILlCHI ON BEING SELECTED AS THE 1995 CYPRESS COLLEGE AMERICANA AWARD RECIPIENT FROM THE CITY OF CYPRESS. Item NO.8: Consideration of Design Review Committee Permit No. 95-3. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 95-3 - with conditions: RESOLUTION NO. 4442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-3 - WITH CONDITIONS. Item NO. 10: Consideration of Claim Filed by Brian sunley. Recommendation: Receive and file. Item No. 11: Consideration of Acceptance of Final Tract Map No. 15062 (5592 Crescent Avenue, cypress). Recommendation: That the City Council approve Final Tract Map No. 15062 and authorize the City Clerk to sign the Record Map. Item No. 13: Consideration of Approval of Plans and Design Specifications and Authorization to Advertise for Bids for PUblic Works Project No. 9303, Pavement Rehabilitation of Cerritos Avenue from Valley View Street to Walker Street. Recommendation: That the City CounCil: 1) Approve the Plans and Design specifications for the Rehabilitation of Cerritos Avenue, PUblic Works project No. 9303; and 2) Authorize staff to advertise said project for bids. Item No. 14: Consideration of Request for the Installation of a "NO parking Anytime" Area North of Driveway of cypress Terrace Apartments at 8671 Walker Street. Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt the Resolution by title only, title as follows, approving the installation of a "No parking Anytime" area of 78' north of the driveway of cypress Terrace Apartments, 8671 Walker Street: 3 (7 /:;/ 41 335 CITY COUNCIL MINUTES February13,1995 RESOLUTION NO. 4443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A "NO PARKING ANYTIME" AREA NORTH OF THE DRIVEWAY AT 8671 WALKER STREET. Item No. 16: Consideration of Revision of the Equipment capitalization policy. Recommendation: That the City Council adopt the Equipment Capitalization policy. Item No. 18: Consideration of Amendment #1 to the Memorandum of Understanding and Authorizing Resolution for the cypress Public Safety Employees' Association. Recommendation: That the City Council move to adopt the Resolution by title only, title as fOllOWS, ratifying Amendment #1 to the Memorandum of Understanding between the City and the Cypress PUblic safety Employees' Association. RESOLUTION NO. 4444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CURRENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC SAFETY EMPLOYEES' ASSOCIATION CONCERNING SHOOTING PAY. Item No. 20: Continued Consideration of Mayoral Proclamation of Local Emergency. Recommendation: That the City Council review the Mayoral Proclamation of State of Local Emergency as originally effective January 4, 1995, and vote approval to continue that Proclamation in force pending full and complete application for relief from the Federal Emergency Management Agency. END OF CONSENT CALENDAR Regarding Item NO.9, Consideration of prOClaiming March 5-12, 1995, as "Save Your Vision Week," Councilmember Carroll remarked that the U.S. congress has stopped giving commemorative designations to these organizations. He suggested that the City eliminate this type of proclamation because it was not an appropriate subject for the City Council. Responding to Mayor Age, the City Manager said that there are benefits to the various groups. Mayor Age suggested that requests for proclamations be placed on the agenda and reviewed on a case-by-case basis. Councilmember Jones concurred with Councilmember Kerry on the insignificant cost and moved to officially proclaim March 5- 12,1995, as "Save Your Vision Week" in the City of Cypress. The motion was seconded by Council member Kerry and unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to Item No. 12, Consideration of an Emergency Services Agreement With SUllY- Miller contracting Co. of Anaheim, Council member Carroll said that there was no cap on the amount of emergency expenditures. The Public Works Director explained that emergency work is done on a time and material basis and placing an arbitrary cap on the money would be very difficult. The contractor will not do any work for the City until there is a declaration of a disaster. Councilmember Bowman mentioned that there doesn't seem to be any guidelines for the Public Works Director and some sort of a policy is needed before gOing to an outside contract. The City Manager suggested continuing this item to allow for a review of the Emergency Services Plan. It was moved by Councilmember Bowman and seconded by Council member Kerry to continue this item. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None With regard to Item NO. 15, Consideration of Request From the Arthritis Foundation for Waiver of Fees for the First Annual Mini Grand prix, Councilmember Kerry said she would abstain from voting on this item because she has been asked to provide some of the banners for the event. It was moved by Council member Bowman and seconded by Councilmember Jones to grant the request to waive the Temporary Use permit fee of S50.00 and all Building permit and Public Works fees for the Arthritis Foundation'S First 4 340. ~ CITY COUNCIL MINUTES February13,1995 Annual Mini Grand prix to be held on Saturday, April 1, 1995. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Bowman, carroll, Jones and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry In regard to Item No. 17, Consideration of APproval of Plans and specifications, and Authorization to Solicit Bids for the Construction of a Free-Standing PUblic Restroom to be Located in Veterans park, Public Works project NO. 9403, Council member Kerry asked why the high cost of the restrooms. The Public Works Director explained that the fixtures are all industrial grade. It was moved by Council member Kerry and seconded by Council member Jones to approve the Plans and Specifications for the construction of a free-standing public restroom to be located in Veterans park, and authorize staff to solicit bids for the project. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Regarding Item No. 19, Consideration of orange county Employment Relations Consortium Contract Renewal, Councilmember Kerry asked about participation in the consortium meetings and the Personnel Director responded. It was moved by Council member Kerry and seconded by Council member Jones to approve the City'S membership in the orange county Employment Relations consortium, and authorize the Personnel Director to execute the 1995 Agreement for special Services with Liebert, Cassidy and Fierson, in the amount of $1,595. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None With reference to Item No. 26, Consideration of Design ReView committee Permit No. 95- 7 (Remodel of Existing Office Buildings, 5450, 5460, and 5470 orange AVenUe), the Planning Director referred to the staff report dated February 9, 1995, which represented a request to make exterior modifications to the office buildings located at 5450-5470 orange Avenue. The Design Review Committee has not had the opportunity to review the plans for this project, along with the sign plans that were submitted today by the applicant. She mentioned that there have been no exterior colors submitted. Councilmember Kerry asked that the signage be subject to design review. Council member Bowman remarked that the sign is a separate issue, it looks like a double-faced sign in the shape of a "V" and he suggested the signage be brought back to Council subject to design review. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to adopt the Resolution by title only, title as fOllows, approving DeSign Review Committee NO. 95-7, SUbject to conditions, exclUding signage, and direct staff to file a notice Of Exemption with the county of orange. RESOLUTION NO. 4445 c/- 12';6 341 CITY COUNCIL MINUTES Clerk, City Attorney and staff members Bacock, Chrlstoffels, Decarlo, Eynon, storey and Wicker. February13,1995 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: councilmember Kerry led the pledge. PRESENTATIONS: Mayor Age presented a Certificate of special ReCognition and Appreciation to Mr. Leo C. Hansen, Jr., cypress Auto Tow, for his help and cooperation during the recent flOoding In cypress. orange County supervisor Jim Silva, representing the 2nd District, presented proclamations to Mr. George Briggeman, Jr. and Mr. Leo C. Hansen, Jr. for their unselfish pffnrt~ dlJrina the J3nuarv storm. r~'-' :/6 341 CITY COUNCIL MINUTES February13,1995 Clerk, City Attorney and staff members Bacock, Christoffels, Decarlo, Eynon, storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: Council member Kerry led the pledge. PRESENTATIONS: Mayor Age presented a Certificate of special Recognition and APpreciation to Mr. Leo C. Hansen, Jr., cypress Auto TOw, for his help and cooperation during the recent flooding in cypress. orange county supervisor Jim Sliva, representing the 2nd District, presented prOClamations to Mr. George Brlggeman, Jr. and Mr. Leo C. Hansen, Jr. for their unselfish efforts during the January storm. Mayor Age read and presented a Resolution to Mr. Brad MCKinzie and Mr. Frank Sabato of the Los Alamltos Race Track, along with Home Depot, recognizing their Solid Waste Reduction and composting Efforts. Messrs Nick Eighmy and Dave Kinney, representing the cypress High School Athletic Boosters and the Cypress High School Band and pageantry Boosters, presented two checks totaling $500 to Chief Wicker for the D.A.R.E. program. The city Manager reviewed discussions held during the 4:30 p.m. workshop Session. He then summarized the actions taken by the Council dUring the 5:30 p.m. City Council session. Discussions held during Closed Session on Agendized items were reviewed by the City Attorney. There were six items under discussion: two anticipated litigation areas and four claims filed against the City of cypress under the Government Tort Claims Act with the Council taking appropriate action on those claims. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda, Mayor Age outlined the rules that would be followed for Oral Communications. speakers on either side of the Shaw Industries and recall issues will be limited to 15 minutes total for each side. At the end of the agenda, Oral Communications will be for an unlimited amount of time. Mrs. Joan Edwards, 4224 Via Norte, cypress, representing the cypress Stake of the Church of Jesus Christ of the Latter Day Saints, read a letter from President Gary A. Brassfield to the Mayor and City Council commending them on the Newsrack Ordinance. Bishop DOuglas DeBurgh, 4276 Via Norte, cypress, representing the Church of Jesus Christ of the Latter Day saints, Cypress First Ward, read a letter to Council expressing appreciation upon the passage of the Newsrack Ordinance. Mr. Joe Hardcastle, cypress, addressed the redevelopment of Lincoln Avenue and its control by the Redevelopment Agency. The only way to control the redevelopment is to elect people to the City Council who care about noise, POllution, traffic congestion and he expressed support for the recall petition. Mr. Tony smith, 6033 Trinidad Avenue, cypress, said he took exception to the false statements made by two councilmembers and Warland Investments concerning the zoning of the Warland Business Center. He then provided the Council with handouts and provided the Council with some facts on the exhibits. As of 1984, residents surrounding the warland cypress Business Center expected the City and Warland to develop a Regional Park and residential homes in the 68 acres bordering their neighborhoods. Councilmembers Age and Kerry owed the citizens an apOlogy and they should resign rather than going through the effort of a recall. Mr. Ken Beaudry, 11291, Anegada St., cypress, issued a complaint about the misinformation and propaganda that Warland Investment Co. was sending to residents throughout cypress about truck traffic. There was no restriction on truck routing for the Shaw truck fleet or the 200 will-call trucks and Warland Investments should get their facts straight before sending information to the citizens of cypress. 6 .,; ...../-7 342 CITY COUNCIL MINUTES February13,1995 Mrs. Danielle Galanter, 11512 samoa street, cypress, spoke about the Shaw project being at odds with the compatibility of new development to existing land uses as specified in the General Plan. The recall was an act of self-defense against the abuse of power of Mrs. Age and Mrs. Kerry and she elaborated on the various violations of law. Ms. Verna Dodson, 5771 La Jolla way, cypress, spoke against a recall election and there Is no reason for all the problems. MS. Alicia Kimble, 4463 Via Linda, cypress, expressed pride in the City Council even thOUgh she didn't always agree with them, but they have tried to do their best for the City. She noticed that the will-call trucks that will be coming out of Shaw are the same types of truck that are In her neighborhood. Mr. Reynold Elkin, 4034 orange Avenue, cypress, stated that he did not question any citizen'S right to voice an opinion on an issue, but objected to statements being presented out of context or that are untrue. He did make reference to a flyer and responded to some of the statements made in that document. Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, referred to an article in the L A. Times a few weeks ago about donations to political candidates. She then read the contribution amounts to Mayor Age's 1988 campaign, concluding that big business should not Influence the decisions made by the City Council for the citizens. Mayor Age responded that of all the contributions that were read, she had voted on six of those projects. The majority of the contributions came from horse racing interests affiliated with the LOS Alamltos Race Track. The assumption Is that she would vote for anything proposed by the race track, but no one buys her vote. She was the only Council member who voted not to put the card club Issue on the agenda for a ballot vote and she had chaired the "no" side of the card club issue. The personnel Director announced that tomorrow on Channel 59, the City will be broadcasting C-SPAN II. Mayor Age reported that she had received a call from police Chief Wicker advising that a federal grant had been approved providing for two additional police officers. D.A.R.E. graduations were held last week and were very successful. She advised that she had been receiving numerous phone calls asking how signatures could be removed from the recall petition. Section 101 of the Elections Code states that If a letter Is written to the City Clerk requesting removal of a name, it can be done. She referred to an article in the LA. Times reporting that the City of Garden Grove had approved the opening of a Boise Cascade distribution warehouse and agreed to pay one-half of their $9.5 million expense for relocation, equipment and renovation. The City Manager clarified some statements made by Mr. Elkin regarding his three year contract. Council member Carroll commended staff on their prompt response to his request for the per capita rate of liquor licenses In the City. He reported that there are 15 off-site general liquor stores, which is one for every 3,000. The ABC limit is one license per 2,500 in the county. RECESS: Mayor Age recessed the meeting at 8:40 p.m. to reconvene at 9:00 p.m., with all Councilmembers present. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON- EXCLUSIVE TAXICAB FRANCHISE - DIAMOND CAB CO.: Mayor Age opened the publiC hearing. The City Manager presented the staff reports dated January 3 and February 7, 1995, which described a request from Robert Meseer of Diamond Cab Co. for a non-exclusive Taxicab Franchise in the City of Cypress. This item was continued from the January 9 Council meeting. The affidavits of Publication and Posting of the Public Hearing Notice are on file in the Office of the City Clerk and, as of this date, no communications have been received either in support of or in opposition to this application. In addition, pursuant to Section 26A-5 of the cypress City Code, the Yellow Cab Company of Northern orange county and the A-AAA Yellow cab, Inc., which are the other non-exclusive taxicab franchise holders operating In the City, have been forwarded a copy of the Diamond 7 ,r 34~ CITY COUNCIL MINUTES February13,1995 Cab Co:s application and a copy of this staff report by certified mail. The applicant, Robert Mesheer of Diamond Cab co., was not present. The Mayor asked If anyone wished to speak in favor of the application. No one did so. Mr. Jim Higgins, General Manager, Yellow Cab, 1619 E. Lincoln Avenue, Anaheim, asked that the City Council not grant the franchise because it appears there is no pressing need and the City is being served very well by the two existing franchisees. On average, they are drawing only 16 trips a day from the City, which does not support one vehicle. No one else wished to speak against the franchise application. After some questions from Council members, Council member Bowman commented that he does not have a problem with another cab franchisee, but he did not approve of this particular one. It was moved by Councllmember Bowman and seconded by Council member Jones to close the public hearing and deny the application on the determination that the public convenience or necessity does not reqUire the operation of any additional taxicabs In the City. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - ISLAND ESPRESSO. 9193 VALLEY VIEW STREET, CYPRESS: The pUblic hearing was opened by Mayor Age. Councllmember Kerry excused herself from the dais and would abstain from voting because she has done business with the applicant within the last year. The City Manager summarized the staff report dated February 7, 1995, which indicated an application had been submitted for a Live Entertainment Permit by Ms. Kristl Cook to allow live music and poetry reading on the premises during the hours of 7 p.m. to 11 p.m. The Public Hearing to consider this application had been scheduled for 7:30 p.m., Monday, February 13, 1995 and the Affidavits of posting, Publication and Mailing of the notices are on file In the office of the City Clerk. As of this date, no written communications either in favor of or In opposition to the requested permit have been received. The Police Chief has completed an investigation of the applicant and the proposed type of entertainment. In accordance with Section 9-8 of the cypress City Code relating to Live Entertainment permits, the City Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation or business by the applicant and the live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the pUblic or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character intemperate habits or bad reputation for truth, honesty or integrity. The property owner was in the audience and expressed his support of the application. Mr. Eric Cook, no address given, cypress, co-owner of Island Expresso Coffee House, volunteered to answer any questions from the Council. Mayor Age asked if anyone wished to speak In support of the application. Ms. Susan wing, no address given, cypress, said she loves coffee houses and entertainment and expressed her support of the application. NO one else wished to speak in support of or in opposition to the application. It was moved by Council member Jones and seconded by Council member Bowman to close the public hearing and conditionallY approve the permit, with the caveat that the permit could be reviewed if there were noise complaints. The motion unanimouSly carried by the fOllowing roll call vote: AYES: NOES: ABSENT: ABSTAINED: 5 COUNCILMEMBERS: Bowman, carroll, Jones and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-26, PLACEMENT OF A MOBILE HOME ON PROPERTY LOCATED AT 4861 CAMP STREET. CYPRESS: The City Manager 8 344 1.-/ CITY COUNCIL MINUTES February13,1995 asked the Planning Director to summarize the staff report dated January 30, 1995. The Planning Director advised that letters were received in favor of the project from adjacent property owners to the north and east and the applicant's doctor. A phone call was received from Mr. Frank correa, 4906 Bishop street, cypress, expressing his support of the application. The staff report related a request to locate a mobile home adjacent to an existing single family residence located at 4861 camp street. AS part of this application, the applicant Is requesting a waiver of the City's requirement to construct a two-car garage and to allow the tandem carport to satisfy the City's requirement for two covered parking spaces. In accordance with the California Environmental Quality Act, this project has been determined to be categorically Exempt Class 3, The mobile home is owned by the property owner's son and will be relocated from its existing location to the proposed location on the west portion of the subject property. The area presently consists of a combination of residential, commercial and industrial type uses. The Planning Director referred to a section in California Government Code and the Item may have to be continued for clarification. Because of the proximity to the Lincoln Avenue specific Plan and its potential Impact on the specific Plan, the item was brought to the City Council for determination on the appropriateness of this use in this location. Responding to Council member carroll, the Planning Director explained that the definition is very important and when does a mobile home become a single family residence. staff needs policy direction because the state code may supersede the City code in certain areas, Councilmember Kerry expressed her concern about the definition of "manufactured housing." After further explanations, the City Attorney said the single issue is the code section under state law that was cited and further research was required. It was moved by Council member Kerry and seconded by Councilmember Bowman to continue this item to February 27, 1995. Mayor Age asked if the applicant would like to speak to the Council. Mr. Darrell Hamilton, representing his mother, 4861 Camp street, cypress, had some letters supporting the request to install the mobile home, He then read the letter that he had sent to the City. Councilmember Bowman asked the applicant if he would object to something in writing indicating this to be a temporary use assuming this is manufactured housing. Mr. Hamilton would agree. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUED DISCUSSION OF THE PLANNED CYPRESS CITIZENS COMMITTEES: Mayor Age mentioned that this item was discussed during the workshop Session earlier and the Council will institute the first committee, which will be a PUblic Safety Committee to assist in areas such as Neighborhood Watch. CONSIDERATION OF RENEWAL OF NON-EXCLUSIVE TAXICAB FRANCHISE AND RATE INCREASE REQUEST SUBMITTED BY YELLOW CAB CO.: The City Manager reviewed the staff report dated February 8,1995, which Indicated the Yellow Cab Co. has submitted a request for renewal of their non-exclusive Taxicab Franchise, which expires on March 23, 1995. A copy of the request is attached which included the first rate increase requested since March 1990. Mr. Jim Higgins, General Manager of Yellow Cab, said they are asking for the increase reluctantlY but they have reached the point where they can't cut any more costs. It was moved by Councilmember Jones and seconded by Councilmember Carroll to approve the renewal of the non-exclusive taxicab franchise with the Yellow Cab Co. on the basis that their bonding company is AAA rated. The motion unanimously carried by the fOllOWing roll call vote: 9 ~ CITY COUNCIL MINUTES AYES: NOES: ABSENT: . 34c~ February13,1995 5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPOINTMENT OF AN ALTERNATE TO THE BOARD OF DIRECTORS OF THE ORANGE COUNTY FIRE AUTHORITY. AND APPOINTMENT OF CITY COUNCIL REPRESENTATIVE ON THE FRIENDS OF CYPRESS CULTURAL ARTS (FOCCA), AND THE FRIENDS OF CYPRESS RECREATION AND PARKS, INC. IFCRP): Mayor Age referred to the staff report dated February 8,1995 which advised that the City Council had adopted the Resolution approving the Joint Powers Agreement creating the orange county Fire Authority. However, an alternate was not selected at that time and it Is requested to make an appointment at this time. Councilmember Jones volunteered to serve as alternate to the Fire Authority and Council member Bowman seconded the nomination. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None In addition, there were requests from the Friends of cypress Cultural Arts (FOCCA) and the Friends of cypress Recreation and parks, Inc. (FCRP) requesting the City Council appoint a replacement for former Councllmember Richard Partin who had served as the Council's representative on both Boards. Councilmember Jones nominated Councilmember Bowman with the nomination seconded by Councllmember Kerry to act as the Council's representative to FOCCA. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCiLMEMBERS: Bowman, CarrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Kerry and seconded by Council member Jones to nominate Council member Bowman to represent the Council at the Friends of the cypress Recreation & parks, Inc. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF REINSTITUTING THE CITY NEWSLETTER: The staff report dated February 7,1995 was presented by the Personnel Director. The newsletter was mailed to postal customers on a quarterly basis and the coordination of this publication was previously handled by the Personnel Analyst. The report provided the Council with additional background information and several options to be considered in reinstituting the newsletter. He also presented the Council with several sample newsletters from neighboring cities. Councilmember Kerry mentioned that, at one time, the City Newsletter was a part of the Recreation & park brochure and asked if that could be an option. Council member Jones agreed with the concept of one mailing. She asked if it were possible to obtain some pricing quotes and other preliminary information. Mayor Age said the newsletter cannot be used for Council members to write articles, it is strictly to relay City information. The Personnel Director noted that the printing of the publication was a major cost and recycled paper costs more. After discussion, the Council asked for information and costs on paper, printing and publication length. Council agreed that they wanted the newsletter incorporated with the Recreation & Park brochure. CONSIDERATION OF JOINT MEETING SCHEDULE WITH CITY COUNCIL AND CITY COMMISSIONS AND APPOINTMENTS TO COMMISSIONS: The City Manager stated that the City Council had discussed the possibility of having workshop sessions with the City commissions, which is consistent with past practice. He suggested that one meeting a month be set up as a workshop session and they have tentatively scheduled those as outlined in the staff 10 346 CITY COUNCIL MINUTES February13,1995 report dated February 7,1995. The best time to meet with the Youth Commission would be upon appointment at the beginning of the school year. The Commissions have been asked to develop an agenda and discussions will be limited to those agenda items. The City Manager mentioned the Commission appointments and potential vacancies that were summarized in the staff report. It was moved by Councilmember Jones and seconded by Council member Bowman to reappoint those Commissioners that have replied in writing: penelope Brown, Gloria Livingston, Brian Sunley and Carl Re. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mayor Age advised staff to schedule all joint meetings with the Commissions at 4:30 p.m. and any Council requests added to the Commission agendas. CONSIDERATION OF ORDINANCE REPEALING SECTION 2-2.14 OF THE CYPRESS CITY CODE, REGARDING TIME LIMITATIONS BY PERSONS ADDRESSING THE CITY COUNCIL, AND ADOPTION OF RESOLUTION RESCINDING RESOLUTION NO. 3431, ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS: The City Manager referred to the staff report dated February 8, 1995 and stated that the Ordinance repealing Section 2-2.14 of the Cypress City Code regarding time limitations on persons addressing the City Council and the Resolution establiShing the order of business of City Council meetings have been drafted by the City Attorney's office. It was moved by Councilmember Bowman to approve the first reading of the Ordinance by title only, title as follows, repealing Section 2-2.14 of the City Code and adopt the Resolution by title only, title as follows, rescinding Resolution NO. 3431. Councilmember Kerry, expressed concern about the Resolution language under 7:30 p.m., "Oral Communications: For Matters Not on the 7:30 p.m. Agenda (limited to three minutes per speaker, speaking once only per Item)" and asked that "only per item" be deleted. Councilmember Bowman agreed to amend his motion and it was seconded by Councilmember Kerry. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING SECTION 2-2.14 OF THE CODE OF THE CITY OF CYPRESS, REGARDING TIME LIMITATIONS BY PERSONS ADDRESSING THE CITY COUNCIL RESOLUTION NO. 4446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RESCINDING RESOLUTION NO. 3431 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Responding to Mayor Age, the City Attorney advised that the Resolution was adopted tonight, the first reading of the Ordinance was tonight, the second reading will be February 27 and it will become effective 30 days from that date. The City Manager clarified that under the Appointments to Commission items, that the staff will begin advertising for those vacancies that will occur. CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 13628 -13871: It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Warrants NO. 13628 through 13871 in the amount of $876,177.82. The motion unanimously carried by the following roll call vote: 11 C7' /--., /'/ , "//~ 34i CITY COUNCIL MINUTES February13,1995 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECE5S: Mayor Age recessed the meeting at 10:10 p.m. and reconvened at 10:22 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. John Law, Managing Director of Warland Investments Co., 11155 Knott Avenue, Suite J, Cypress, advised the Council that on January 27, Warland did a mailing to all the registered voters in the City with an information packet with accurate, timely and important information about the Shaw project. More than 500 people have responded with comments about the project and he provided the Council with the results of the survey cards. He then commented on three issues: why that particular site, how does the sales tax work and truck traffic. The overall impacts of this project are significantly less than the previous project. They believe that the lawsuit filed will be won because of case law and the way the City has historically operated correctlY. Ms. Danielle Galanter, 11512 Samoa Street, cypress, spoke on vehicle trips, Specific Plan, Environmental Impact Analysis and development of the vacant parcels. The project is without a specific Plan and the 1984 Specific Plan is being used to cover this project, which is in clear violation of the law. She spoke at length on traffic studies, traffic congestion, levels of service and truck trips. Mr. Jerry Sharber, 11615 Lakia Drive, cypress, said that some of their prayers had been answered because of a statement that no cars of trucks will enter the facility directly from valley view or from Orangewood. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, explained that her point in reading Mayor Age's campaign contributions was large sums of money were given by big business and she asked how much money was from the citizens. She was questioning the fact that the Mayor was accepting money from people who do not live in the area. Mrs. Regan smith, 6033 Trinidad Avenue, cypress, stated she had made a request to be placed on the Agenda because she wished feedback from the Council. The item was regarding the postponement of the pUblic hearing on February 27, 1995 on the Diamond Sporting Goods warehouse. She said she was not against Diamond Sports; however, she was concerned about another project being approved without a full and impartial EIR. She urged the Council to take the following action at the public hearing, continue the hearing date until after the court's decision concerning a full and impartial EIR on the cumulative effect of the warland/cypress Land Business Park and to postpone the vote while in litigation or deny the application if cypress Land does not agree to wait. The City Attorney advised the Council not to discuss the upcoming Diamond Sports pUblic hearing or take any action. Mr. Bob Yamada, cypress Land Company, remarked that there were many misconceptions about Diamond sports, it will be cleared up at the publiC hearing, not by going to Diamond sports and talking to employees. Mrs. Danielle Galanter stated that the application for Diamond sports should not be accepted for a hearing until the citizens have a reasonable overview of the general scope of the project and environmental impact it will have, which Is conforming to the general plan provisions. Mrs. Kathy Simcox said she spent time on the phone with Mr. Larimer of Shaw Industries and with Shaw Industries in Georgia and they had nothing to do with the printing of the brochure. Mr. Don Wesling, 11431 Anegada street, Cypress, commented that the City will not lose any money in the law suit. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 12 '1 , 348 CITY COUNCIL MINUTES February13,1995 ADJOURNMENT: Mayor Age adjourned the meeting at 11:00 p.m. to Monday, February 27, 1995 at 4:30 p.m. in the Administrative Conference Room. ~{;~ ~ ;J~ AYOR 0 THE CITY OF CY ESS ATTEST: CIr1~aff ~A~F CYPRESS 13