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Minutes 96-12-10MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 10, 1996 The Adjourned Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Tuesday, December 10, 1996 in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, Mayor Tom Carroll presiding. PRESENT: ABSENT: Councilmembers Bowman, Jones, Keenan and Carroll Councilmember Pierc¥ Also present were the City Manager, City Attorney, staff members Angus, Dellalonga, Christoffels, Kelly and Storey and Consultant Woody Dike. WORKSHOP SESSION: Lincoln Avenue Specific Plan and Overview of Redevelopment Financing and Review of Financial Status of Redevelopment Project Areas. During this session, the Council considered information updating them on the work being done on the Specific Plan by the Lincoln Avenue Association Formation Steering Committee. Staff will return to the City Council with a comprehensive work plan that includes timeframes and roles for further consideration. An overview of redevelopment financing and review of financial status of redevelopment project areas in the three project areas was provided by the Finance Director. COUNCILMEMBER PIERCY ARRIVED AT 4:50 P.M. RECESS: Mayor Carroll recessed the meeting at 6:05 p.m. to enable the City Council to reconvene in the Council Chamber. The meeting reconvened at 6:10 p.m. with all Councilmembers present and the Mayor immediately recessed the meeting to allow the Councilmembers to enter into a Closed Session to consider the agendized items of: Conference with Labor Negotiator (Government Code Section 54957.6) on Cypress Employees', Mid-Management Employees', Public Works Maintenance Supervisors' and Maintenance Employees' Associations; Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)Industrial Disability Retirement, Conference with Legal Counsel - Two Anticipated Litigation (Government Code Section 54956.9(b) and Liability Claim (Government Code Section 54956.95) against the City of Cypress. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. 7:00 P.M. SESSION Mayor Carroll mentioned that a Service Awards Luncheon was held today recognizing the years of service of City employees. He also mentioned the Workshop Session that began at 4:30 on the Lincoln Avenue Specific Plan. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Piercy. PRESENTATIONS: Mayor Carroll read a part of the Resolution he presented to the Sprague Family recognizing them as the 1996 Cypress Family of the Year. Ms. Joan Edwards provided a brief history of the Family of the Year program in the City of Cypress and how the search for the Family of the Year is conducted. Bishop Bob Workman of the Latter Day Saints Church read and presented a plaque to the City Council on behalf of the program. Former Mayor Walter Bowman accepted a plaque presented to him by Mayor Carroll in recognizing and commending him for his service as Mayor of the City of Cypress for 1995/96. Mayor Carroll expressed the Council's wishes for a Merry Christmas and Happy New Year. He asked the citizens to provide the Council with their ideas and comments for the City in the new year. CITY COUNCIL MINUTES December 10, 1996 REVIEW OF CLOSED SESSION AGENDA: The City Manager reviewed discussions held during the Workshop Session and that the agendized item of Liability Claim (Government Code Section 54956.95), Hal Yong Lee vs. the City of Cypress, which was denied. The City Attorney summarized additional discussions held on the remainder of agendized Closed Session items of Conference with Labor Negotiator on four Employee Associations; Conference with Legal Counsel on EXiSting Litigation Jon HoCkey Case NO. 751159 and two Anticipated Litigations involving Police Officers Disability Retirement Applications. The City Council, by a 5 to 0 vote, adopted the Resolutions by title only under Agenda Item No. 33, titles as follow, adopting certain findings. RESOLUTION NO. 4726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT. RESOLUTION NO. 4727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT. ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:00 p.m. Agenda. Ms. Verna Dodson asked that Item No. 10, Consideration of Request for the Installation of "No Parking Anytime" Area on the North Side of Ball Road, West of Cabrillo Way, be deleted from the Consent Calendar. An unidentified woman asked and was advised when the Truancy Ordinance would be heard. AWARD OF CONTRACTS: CONTINUATION OF CONSIDERATION OF AWARD OF A TWO (2) YEAR CONTRACT FOR DELIVERY OF PROPANE FUEL, REQUEST FOR QUOTATION NO. 9697-7: At the request of the City Manager, the Finance Director presented the staff report which advised that three bids were received for the purchase of propane fuel delivered to the City yard. The annual contract will protect the City from fluctuations in prices and will guarantee the City its normal monthly allocation if there is a shortage of propane. The contract provides that refinery price increases can be passed onto the City only upon receipt of prior written notice. Decreases will be passed onto the City effective upon actual date of refinery decrease to the contractor. It was moved by Councilmember Bowman and seconded by Councilmember Jones to award a contract to purchase propane fuel per the specifications outlined in the Request for Quotation 9697-7 to Mutual Liquid Gas & Equipment Co., Inc., 17117 South Broadway, Gardena, CA 90248 at a price of $0.72/gal. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None CONSIDERATION OF AWARD OF CONTRACT FOR COMPUTER NETWORK UPGRADF: The Finance Director reviewed the staff report which described the City's current computer network supporting the City's administrative and clerical functions. The City is in the process of upgrading its DOS-based applications to Windows 95 and Microsoft Office. The migration from DOS to Windows 95 involved hardware upgrade to user PCs and software upgrades to the City's office automation software. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve an award of contract for: 72 personal computers to GST, Inc., 17707 Valley View, Cerritos, CA 90601 for an amount not to exceed $72,013, and five external CD ROM drives and a site license for Microsoft Office, Professional Edition, to MicroAge Computer Center, 15375 Elarranca Parkway, Building "B," Suite 203, Irvine, CA 92618 for an amount not to exceed $23,582. The motion unanimously carried by the following roll call vote: 2 CITY COUNCIL MINUTES December 10, 1996 AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE 1996-97 RESURFACING OF RESIDENTIAL STREETS, PHASE I, PUBLIC WORKS PROJECT NO. 9629: The City Manager asked the Public Works Director to present the staff report which outlined the seven bids received for the resurfacing of residential streets in Districts No. 46, 47 and 48. The project consisted of removal and replacement of deteriorated sections of existing pavement and overlaying the entire street surface with new asphalt concrete and application of slurry seal and seal coat. At the Mayor's request, the Public Works Director described how the City streets were chosen for resurfacing. It was moved by Councilmember Jones and seconded by Councilmember Keenan to: Determine the lowest responsible bidder for Public Works Project No. 9629 to be All American Asphalt; and o Award a contract for the 1996-97 Resurfacing of Residential Streets, Phase I, to All American Asphalt, P.O. Box 2229, Corona, CA 92718-2229, in the amount of $303,175.17 (award amount of $275,613.79 plus 10% contingency). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR COMPREHENSIVE ZONING CODE UPDATI~: The City Manager called upon the Community Development Director to summarize the staff report addressing the City's Zoning Code which has not been comprehensively updated since 1979. A comprehensive update is needed to reformat the document into a more readable and user-friendly document. The update will include both minor amendments and clarifications in addition to a few areas of substantive changes. Although professional service contracts are not subject to formal bid, a Request for Proposal was sent to a total of ten firms and five proposals were received. It was moved by Councilmember Jones and seconded by Councilmember Bowman to award the contract for the comprehensive Zoning Code update to Cotton/Beland/Assoclates, Inc. (CBA), 747 E. Green Street, Suite 4, Pasadena, CA 91101 in an amount not to exceed $55,000. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR REROOF OF CYPRESS BOYS AND GIRLS CLUB, PUBLIC WORKS PROJECT NO. 9632, REQUEST FOR QUOTATION NO. 9697-10: The staff report was reviewed by the Public Works Director. Three bids were received for reroofing the Cypress Boys and Girls Club building. Due to the bids coming in higher than the budgeted amount of $25,000, an additional appropriation is also being requested. Councilmember Bowman expressed the opinion that the lowest bid was too great a price to pay for the roof on an approximately 7,000 square foot building. Responding to Mayor Carroll, the Public Works Director explained that the City owns the building, the Boys and Girls Club is to maintain the building but they do not have the funding to reroof. Therefore, the City will reroof to protect the asset and invoice the Club for reimbursement. The City Attorney said the City could probably make a straight loan to the Boys and Girls Club to repair the roof which would not violate the terms of the lease as it is currently written. The Public Works Director said that some short term repair could be made and Councilmember Bowman moved to continue this Item to the next meeting. The motion was seconded by Councilmember Jones and unanimously carried by the following roll call vote: CITY COUNCIL MINUTES December 10, 1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None At this time, Mayor Carroll noted that the Resolution commending the Sprague family had not been voted on by the Council. It was moved by Councilmember Jones and seconded by Councilmember Piercy to adopt the Resolution by title only, title as follows, recognizing the Sprague Family as the 1996 Cypress Family of the Year. RESOLUTION NO. 4728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE SPRAGUE FAMILY AS THE 1996 CYPRESS FAMILY OF THE YEAR. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 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. It was requested by Councilmember Bowman to remove Item No. 10, "No Parking" area on the north side of Ball Road. Mayor Carroll asked that Item No. 14, Accepting Street and Easement Dedications on Gateway Drive be pulled. It was moved by Councilmember Jones and seconded by Councilmember Bowman to approve the Consent Calendar Items No. 7 through 18, with the exception of Items No. 10 and 14. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item NO. 7: MOtion to Approve City Council Minutes of November 25, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of November 25, 1996, as submitted. Item No. 8: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 9: Consideration of an Application for Alcoholic Beverage License Transfer Filed by RodOIfO Santoyo Lepe, D.B.A. La Terraza Restaurant, 6197 Ball Road, Cypress. Recommendation: That the City Council receive and file this application pending upon the approval/disapproval by the City Council of Conditional Use Permit No. 96-12. Item No. 11: Consideration of Agreement With County of Orange for the Construction of Phase 2 Improvements for Cypress Acres, Public Works Project No. 9131. Recommendation: That the City Council authorize the Mayor to sign the Agreement with the County of Orange for the construction of Phase 2 Improvements for Cvpress Acres. Item No. 12: Consideration of Request to Determine Whether an Office Supply Store is a Similar Use to Permitted Uses for the General Commercial Category (Planning Area 4) of the McDonnell Center Specific Plan. Recommendation: Staff recommends that the City Council determine that the requested office supply use is consistent with the purpose and intent of the MDSCP and is similar to the listed permitted uses for Planning Area 4. 4 CITY COUNCIL MINUTES December 10, 1996 Item No. 13: Consideration of Acceptance of the Americans With Disabilities ACt (ADA) Alterations, Public Works Project No. 9430. Recommendation: That the City Council: 1) ACCept the project for the Americans With Disabilities ACt (ADA) Alterations, Public Works Project No. 9430, as being satisfactorily completed in substantial conformance with the project specifications; 2) Approve the final retention payment to Lloyd Engineering Corporation, 909 E. Yorba Linda Boulevard, Suite H, Placentia, California 92670, 35 days after the Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item NO. 15: Consideration of Employment LiSt - Office Assistant I, and Extension of Employment List- Police Dispatcher I. Recommendation: Receive and file. Item No. 16: Consideration of Adoption of Resolution in Support of Draft Community Reuse Plan and DEIR 563, El Toro Airport. Recommendation: That the City Council adopt the Resolution by title only, title as follows, supporting the Draft Community Reuse Plan and DEIR 563, El TOrO Airport. RESOLUTION NO. 4729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN SUPPORT OF DRAFT COMMUNITY REUSE PLAN AND DEIR 563, EL TORO AIRPORT. Item No. 17: Consideration of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1996. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 18: Consideration of Athlete of the Year Recognition. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, approve the recommendation that no Athlete of the Year award program be administered due to duplication of the program within the community through the local high schools. With regard to Item No. 10, Consideration of Request for the Installation of "No Parking Anytime" Area on the North Side of Ball Road, West of Cabrillo Way, Councilmember Bowman advised that MS. Verna Dodson's concern Is that there should be "no parking" all the way to the school. Councilmember Piercy asked why the 110 feet when there is "no parking" all the way down Ball Road, except the section by Morris School. The Public Works Director responded that when Ball Road was striped for the bike lane, there was a request from Morris School to leave a parking area on Ball Road for evening and Sundays when there were events at the school. The Traffic Commission decided on 110 feet to provide extra site distance and Morris School retain the ability to have evening and Sunday parking. It was moved by Councilmember Jones and seconded by Councilmember Bowman that the City Council approve the recommendation of the Traffic Commission and adopt the Resolution by title only, title as follows, providing for the installation of a "No Parking Anytime" area on the north side of Ball Road, 110' west of Cabrillo Way. RESOLUTION NO. 4730 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING "NO PARKING ANYTIME" AREA ON THE NORTH SIDE OF BALL ROAD, WEST OF CABRILLO WAY. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES December 10, 1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Regarding Item No. 14, Consideration of Resolution Accepting Street and Easement Dedications on Gateway Drive, as Shown on Parcel Map NO. 85-425, Mayor Carroll asked about the financial implications and what had transpired for the City to now accept the street dedication. The Public Works Director explained that when the land was subdivided, there was only a paper street without physical improvements. When improvements are made, the City will formally accept the offer of dedication and make it a public road. It has been used as a public street for some years and if it remained a private street, it would have to be maintained by the adjoining property owners. Mayor Carroll commented that by accepting the street, the City also will be maintaining it. After additional questions and answers, the Public Works Director said that normally the street would have been accepted earlier but had been overlooked. It was moved by Councilmember Jones and seconded by Councilmember Piercy to adopt the Resolution by title only, title as follows, accepting Gateway Drive and related easements as shown on Parcel Map NO. 85-425. RESOLUTION NO. 4731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACCEPTING A DEDICATION TO THE PUBLIC FOR STREET PURPOSES, KNOWN AS GATEWAY DRIVE, AS SHOWN ON PARCEL MAP NO. 85-425; AND ACCEPTING DEDICATION TO THE CITY OF CYPRESS EASEMENTS FOR SANITARY SEWER, STORM DRAIN, WALKWAY, TREE PLANTING, PUBLIC UTILITY PURPOSES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96- 4, WIRELESS COMMUNICATIONS TRANSMISSION FACILITY, 6555 KATELLA AVENUE, CYPRES,C;: Mayor Carroll opened the public hearing. The staff report indicated that the applicant was currently preparing revised plans and computer visualizations for submi~al to the City and has requested a continuation of the item. It was moved by Councilmember Bowman and seconded by Councilmember Jones to continue its consideration of Conditional Use Permit No. 96-4 to the meeting of January 13, 1997. The motion unanimously carried bV the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-12, REQUEST TO ESTABLISH A RESTAURANT WITH GENERAL ALCOHOL SALES AND LIVE ENTERTAINMENT, 6197 BALL ROAD, CYPRESS: The public hearing was opened by Mayor Carroll. The City Manager asked the Community Development Director to summarize the staff report, which represented a request to establish a restaurant at 6197 Ball Road at the former Los Rios Restaurant site. Issues of concern regarding the previous restaurant operation have been addressed and incorporated into the conditions of approval for Conditional Use Permit No. 96-12. The applicant is proposing to establish a full service restaurant with general alcohol. The entertainment includes live music, DJ music, two pool tables and a juke box. The proposed hours of operation are 11:00 a.m. until 1:30 a.m. Monday through Thursday and 11:00 a.m. through 2:00 a.m. Friday through Sunday. Cinnamon Square provides sufficient parking for this use as it was designed to accommodate a restaurant. Staff has conditioned this project to require onsite security to prevent loitering in the parking lot and that the doors be closed in order that the music not disturb neighbors. In accordance with the California Environmental Quality Act, a Categorical Exemption will be filed on this project. Notices of the public hearing was mailed to all property owners within a 300' foot radius and as of the drafting of this 6 CITY COUNCIL MINUTES December 10, 1996 report no written or oral comments have been received. Photos of other sites that the applicant operates were shown for Council review and explained by the project planner. Councilmember Keenan stated that he talked to neighbors of the Placentia restaurant, who advised him that they had heard gunshots at closing time which was of great concern to the neighbors and the patrons. He had a problem with the restaurant's appearance and its focus on the bar business and live entertainment. The Community Development Director suggested opening the Live Entertainment permit application at the same time so they can be discussed together if the Council so directs. Mayor Carroll said that Councilmember Jones had requested that Item No. 21 be , discussed in tandem with Item No. 20. The City Attorney advised that would be appropriate if the remainder of the Council so desired. Hearing no objection, Mayor Carroll so directed that CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT- LA TERRAZA RESTAURANT, 6197 BALL ROAD, CYPRES~ be heard. The Police Chief presented the staff report describing the application for a Live Entertainment Permit filed by Rodolfo S. Lepe, D.B.A. La Terraza, 6197 Ball Road, Cypress, in accordance with Chapter 9 of the Cypress City Code to allow a live band, consisting of up to five members to entertain on Fridays through Sundays, from 8:00 p.m. to 1:30 a.m. and a disc jockey on Mondays through Thursdays, from 8:00 p.m. to 1:30 a.m. The Police Department has conducted their investigation and the report was attached. Pursuant to Section 9-8 of the Cypress City Code, 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 Affidavits of Publication, Posting and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor of or in opposition to this application. The City Manager noted that by opening both public hearings in conjunction, the items are separate and approval of the conditional use permit does not automatically approve the live entertainment permit. Mr. Paul Flores, representing the applicant, is also the weekend Manager, and he addressed the concerns raised by the Council on maintenance, noise and gang activity at the Placentia location. Mr. John Radford, broker representing the property owner, was also present to answer questions from the Council. Mayor Carroll asked if anyone wished to speak in opposition to the conditional use/live entertainment permits. Mr. Dennis Marinello, 5737 Pine Court, Cypress, objected to the issuance of the permit for a bar. Food service is all right, but not a bar. Ms. Eglah Mijares, 9951 Holder Street, #13, Cypress, said the idea of a restaurant was fine, but the bar and live entertainment was not a good idea. No one else wished to speak In opposition or In favor of the applications. Mr. Radford advised that there are certain things that make a restaurant viable. The facility was built and approved as a restaurant. It also has a place to serve cocktails and provide entertainment. The highest and best use for the building is not to be vacant; it is to be used responsibly. After some comments and discussion on the conduct of the previous businesses that have occupied the facility, it was moved by Councilmember Bowman and seconded by Councilmember Plercy to close the public hearing, Instruct staff to file a Categorical Exemption and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 96-12, subject to conditions. 7 CITY COUNCIL MINUTES December 10, 1996 RESOLUTION NO. 4732 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-12 - WITH CONDITIONS. Mayor Carroll advised that he would vote yes on this item. Councilmember Keenan said he would vote no because he felt this particular operation was not appropriate for Cypress. Councilmember Jones will support the restaurant and alcohol use for this facility, but expressed concern on the live entertainment Issue. The Community Development Director asked for clarification on making a condition on the ABC license remaining as Type 47 and Councilmember Jones asked that it be made a condition of approval. Councilmember Bowman amended his motion to add that condition and Councilmember Piercy concurred. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Jones, Piercy and Carroll I COUNCILMEMBERS: Keenan 0 COUNCILMEMBERS: None Regarding the Application for Live Entertainment Permit, there was some discussion on the hours on Friday, Saturday and Sunday from 8 p.m. to 1:30 a.m. The Mayor asked the applicant about changing the Sunday night live entertainment hours to 10:00 p.m. The applicant asked the Council to afford them the opportunity for a six month period and then review the hours and the conduct of the business. It was moved bv Councilmember Bowman and seconded by Councilmember Piercy to close the public hearing and approve the Live Entertainment Permit as requested by Rodolfo S. Lepe, D.B.A. La Terraza, 6197 Ball Road, Cypress, to allow a disc jockey on Monday through Thursday and a live band, consisting of up to five members, on Friday through Sunday, to entertain from 8:00 p.m. to 1:30 a.m., and to allow dancing by the patrons, subject to the following conditions: The Live Entertainment Permit is issued for a one-year period, with a six-month review by the City Council. The applicant is requested to file for a Private Patrol Permit in order to provide security personnel at the site. 3. The dance floor to be limited to 1,053 square feet. 4. All doors to the restaurant shall remain closed at all times. The City Council reserves the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the public. The motion carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: I COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Piercy and Carroll Keenan None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 86- 31, REQUEST TO ELIMINATE CONDITION RESTRICTING AUTOMOTIVE LEASE SPACE SQUARE FOOTAGE, 6012-6052 CERRITOS AVENUE, CYPRESS: Mayor Carroll declared the public hearing open and the City Manager asked the Community Development Director to present the staff report representing a request to eliminate Condition No. 40 of the conditions of approval for Conditional Use Permit No. 86-31 restricting the allowable square footage for automotive use at 6012-6052 Cerritos Avenue. The applicant has requested the deletion of the restricted lease condition due to a change in the economy and the lease demand for automotive repair. The proposal will alter the existing lease space for Building A from 6,310 square feet of general retail, to 560 square feet for retail, 1,690 square feet of restaurant and 4,150 square feet of automotive repair lease space. The exterior alteration will require the installation of roll-up doors eliminating the standard commercial glass entry doors and curb cuts will be created in order to accommodate vehicle access to the new service bays. The site provides sufficient parking for the converted lease space since the center was designed at the more restrictive retail parking ratio. In accordance with the California Environmental Quality Act, a Categorical Exemption will be filed for this project. Notices of the public 8 CITY COUNCIL MINUTES December 10, 1996 hearing were mailed to all property owners within a 300 foot radius and as of the drafting of this report, staff has not received written or oral comment. The Community Development Director noted that in the original conditions of approval, Condition No. 7 stated that all employee parking shall be behind Building C and Condition No. 8 designated serviced vehicles are to be parked in the same area. Mr. Jack Carp, the applicant, said that the leases require the operators to have their emplovees park to the rear of the property and a copy of the CUP is attached to that lease. The only tenants they have are small automotive enterprises and they want to convert the retail stores to automotive uses. NO one wished to speak in support of or in opposition to the application. It was moved by Councilmember Bowman and seconded by Councilmember Jones to instruct staff to file a Categorical Exemption and adopt the Resolution approving the Amendment to Conditional Use Permit No. 86-31 subject to conditions, including the added condition that employees are to park at the rear of the property. RESOLUTION NO. 4733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-31 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-13, REQUEST TO ESTABLISH A STAFFED RECYCLING CENTER AT RALPHS SUPERMARKET, LOCATED AT 4033 BALl ROAD, IN THE CYPRESS CENTER WEST COMMERCIAL CENTER: The public hearing was opened by Mavor Carroll. The City Manager called upon the Community Development Director to present the staff report which represented a request for the establishment of a staffed recycling facility for Ralphs SupermarkeL located at 4033 Ball Road. She read into the record a subsequent phone call from Ms. Doris Kiger, a Tanglewood resident, who expressed her opposition to the location of the recycling facility but would have no objection locating it to the rear of the property. The proposal utilizes two roll-off containers for the storage of plastic, glass and aluminum containers. These containers measure 20 feet long x 8 feet wide x 8 feet high. The proposed hours of operation are Wednesday through Sunday 10 a.m. to 4:30 p.m.; closed for lunch from 1:00 to 1:30 p.m. The hours proposed for the transfer of containers are from 9 a.m. until 10 a.m. during weekdavs onlv. A similar staff recycling facility was proposed in April 1995 and withdrawn. In September 1995, the supermarket applied for an "Exemption Status" Lhrough the State Recycling Division. Their request was denied, which means the supermarket does have to provide some type of recycling facility. Extensive research and public testimony during public hearings in 1995 revealed that this type of operation, utilizing large roll-off containers placed within the parking lot, is not suitable for this location. Subsequent to the notices of the public hearing being mailed to all property owners within a 300 foot radius, staff received two calls, one from MS. Catherine Earl and the second from Ms. Doris Krutcik, both of Tanglewood. They called to oppose the establishment of a staffed facilitv at this location. The applicant was not present. Mayor Carroll asked if anyone wished to speak In favor of the project. No one spoke. Ms. Debbie Benjamin, 4252 Garnet Avenue, Cypress, remarked that the Buena Park vending machine center always has a lot of traffic, which would cause problems in addition to the unsightliness. NO one spoke In support of the project. It was moved by Councilmember Jones and seconded by Councilmember Keenan to close the public hearing, adopt the Resolution bv title only, title as follows, denying Conditional Use Permit No. 96-13 and direct staff to work with Ralphs to find an acceptable style and type of recycling facility. 9 CITY COUNCIL MINUTES December 10, 1996 RESOLUTION NO. 4734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING CONDITIONAL USE PERMIT NO. 96-13 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Carroll recessed the meeting at 8:55 p.m. and reconvened at 9:06 p.m. with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-14, THAI FOOD RESTAURANT WITH ONSITE SALE OF BEER AND WINE, 10557 VALLEY VIEW STREET, CYPRESS: The Mayor opened the public hearing. The City Manager asked the Community Development Director to summarize the staff report which represented a request to establish a Thai food restaurant with onsite sale of beer and wine in an existing lease space located within The Pavilion commercial center at 10557 Valley View Street. The proposed project meets the development standards as set forth In the Cypress View Limited Specific Plan and the Cypress Zoning Code. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 1. Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. TO date, staff has not received any comments regarding this request. The applicant Mr. Chakkapop Buntakampol, advised that his family had been in the restaurant business for several years and he volunteered to answer any questions from Council. Mayor Carroll asked if anyone wished to speak in support of or in opposition to the application. No one did so. It was moved by Councilmember Bowman and seconded by Councilmember Jones to close the public hearing, direct staff to file the notice of exemption in accordance with the requirements of the California Environmental Quality Act (CEQA) and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 96~14, subject to conditions. RESOLUTION NO. 4735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-14 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-15, INDOOR SPORTS TRAINING FACILITY, 9937 WALKER STREET, CYPRESS: The Mayor opened the public hearing and the City Manager requested the Community Development Director to review the staff report. However, prior to her presentation, the City Manager mentioned some late communications received that have been added to the Council's packet and summarized in a memorandum. The Community Development Director modified Condition No. 20, the last sentence, adding "No part of the..." at the beginning of the sentence. The application represented a request to operate an indoor sports training facility at 9937 Walker Street. The proposed use will be within an existing commercial center and include the following: nine individual batting cages, seven pitching cages, two soccer areas, one volleyball area, one video games room, one billiards and darts room, one party/meeting room with table seating, a food services area (including table seating and the sale of onsite beer and wine, coffee, pizza, etc.), and four outdoor waiting tables. The proposed use meets all zoning standards, including parking provisions. AS conditioned, staff feels the sports training center use will be compatible with existing uses within the same commercial center, as well as surrounding commercial and residential properties. Additionally, staff analysis concluded that no significant effects 10 CITY COUNCIL MINUTES December 10, 1996 on the environment are expected to result from the proposed project. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject property. To date, staff has received three telephone calls. The first respondent commented that she resides across Walker Street and voiced her concern regarding the inclusion of a video arcade and alcoholic beverages with the sports training facility. The second respondent commented that she resides behind the proposed project site. After hearing a more detailed description of the proposed use and the recommended conditions of approval, this woman communicated that she would not oppose the sports training facility if the outdoor tables are used for waiting purposes only, without food or alcohol consumption. The third respondent commented that she resides across Ball Road and is in favor of the proposed youth sports training facility; however, she is concerned with having alcohol sales around a use geared toward children and young adults. After hearing the restrictive conditions of approval recommended by staff, she voiced the opinion that the proposed use would probably be all right if it Is highly restricted and utilized onsite security. Councilmember Keenan asked if there were restrictions on the times of dumping of trash and the location of the trash dumpsters. The Community Development Director said she would draft a condition should Council desire its Inclusion. The applicant, Gary Prince, introduced Jim Miller and Lee Klevins, his partners in this venture. He requested that the food service area remain open until 11:00 p.m. so they can clean up. They then answered questions from Council on other local indoor sports facilities. Mayor Carroll asked if anyone wished to speak in support of the application. Mrs. Paula English, 5975 Suva Street, Cypress, said that she thought this was a great idea, this would give the people a reason to come to Cypress and bring them into Cypress to shop. Ms. Sarah Fleming, 5331 Bishop Street, Cypress, voiced her support of the indoor sports facility, but did have concerns about alcohol consumption on the premises, especially since it would be youth-oriented. Councilmember Keenan commented that he had spoken to the residents across Walker Street and they had expressed a concern about the possibility of noise at night. No one wished to speak in opposition to the application. Councilmember Piercy noted that ol]e of her neighbors gave her a letter because he was concerned about the noise. She expressed her support of an activity for the youth of the community. Councilmember Jones commented that with the number of sports uses available, it will make the project successful because it will attract more people. There was some discussion on the hours of operation being requested to be changed from 10 p.m. to 11 p.m. The applicant explained that any adult softball teams would come in later. Also, there will be soft-tipped dart leagues starting at 7:30 p.m. and finishing at 10 or 10:30 p.m. If it is slow, they will close the back area at 10 p.m. and they are normally done and gone by 11 p.m. Councilmember Jones said if the Council wants the project to be successful, they should give them that chance and hoped that the 11 p.m. closing time would be approved. The Community Development Director noted Condition No. 20, which allowed the Council the right to review the hours of operation if there is a problem. Mr. Lee Klevins emphasized that the type of facility that will be there is a sanctioned junior Olympic facility and it will only elevate that area of Cypress. Mr. Garv Prince commended staff for their help and cooperation. It was moved by Councilmember Bowman and seconded by Councilmember Jones to close the public hearing, adopt a finding of de minimis impact, approve the Negative Declaration and direct staff to file a NOtice Of Determination and a de minimis impact 11 CITY COUNCIL MINUTES December10,1996 exemption; and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 96-15, subject to the conditions of approval. Councilmember Bowman stated, for the record, that the hours of operation for the facility are 6 a.m. to 11 p.m. daily. RESOLUTION NO. 4736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-15 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-16, SPECIALTY CONVENIENCE MARKET AND DELICATESSEN, 5967 BALL ROAD: The public hearing was opened by Mayor Carroll. AS requested by the City Manager, the Community Development Director presented the staff report which represented an application to operate a specialty convenience market and delicatessen within an existing 1,260 square foot commercial lease space located at 5967 Ball Road. The proposed market/delicatessen meets all development standards of the CG Commercial General Zone as established in the Cypress Zoning Code. The proposed use does not include the sale of alcoholic beverages. If the applicant wanted to add the sale of alcohol at a later date, it would require an amendment to the conditional use permit. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt. NOtices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. TO date, staff has not received any comments regarding this request. Mrs. Mohammed Nizamuddin, the applicant, said they are hoping to establish a specialty meat market which will cater to the Islamic community and add variety to the City of Cypress. No one wished to speak in support of or opposition to the project. It was moved by Councilmember Jones and seconded by Councilmember Pierc¥ to close the public hearing, direct staff to file the notice of exemption In accordance with the requirements of the California Environmental Quality Act (CEQA); and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 96-16, subject to conditions. RESOLUTION NO. 4737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-16 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: LOCAL LAW ENFORCEMENT BLOCK GRANT: The Mayor opened the public hearing. The City Manager then asked the Police Chief to summarize the staff report advising that the Police Department had pursued a Local Law Enforcement Block Grant from the Bureau of Justice Assistance for $:51,535.00. The grant was to augment police overtime for gang suppression, community-oriented policing and school security. On November 14, 1996, the City was notified that the Bureau of Justice Administration had funded the request. The purpose of this report is to conclude the three steps necessary to obtain the funds which are: appointment of a grant advisory board; hold a public hearing seeking input on how the grant funds are to be spent; and appropriation of funds for additional police overtime. No one wished to speak in favor of or in opposition to the necessary three action steps. 12 CITY COUNCIL MINUTES December 10, 1996 It was moved by Councilmember Jones and seconded by Councilmember Keenan to close the subject public hearing conducted consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on the use of the funds, grant the Chief of Police authority to appoint an Advisory Board that the Bureau of Justice Assistance grant required, and appropriate $36,535.00 from the unreserved fund balance of the General Fund to Program 4003-11-175-05 to pay costs incurred as authorized by the Local Law Enforcement Block Grant and budget additional estimated grant revenues in the amount of $31,535.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF SCHEDULING INTERVIEW SESSION OF APPLICANTS FOR THE RECREATION & COMMUNITY SERVICES COMMISSION: The City Manager presented the staff report which advised that two vacancies currently exist on the Recreation and Community Services Commission and 13 applications have been received from interested residents. Staff requested the City Council to schedule a date and time to conduct oral Interviews. Mayor Carroll suggested that the search for Commission members be reopened for the benefit of the two new Councilmembers. In response to the Mayor, the City Manager noted that there are vacancies that will be occurring in February. Councilmember Jones recommended that the vacancy be republished and reopened requesting people to serve on the Recreation and Community Services Commission; however, due to the number of people who have already applied, it might be well to start the Interview process. It was moved by Councilmember Jones and seconded by Councilmember Keenan to conduct oral Interviews of applicants for appointment to the Recreation and Community Services Commission on January 6, 1997. Republish the ad for Recreation and Community Services Commission vacancies for another two weeks and announce the upcoming vacancies that are to occur on any other Commissions. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONTINUED CONSIDERATION OF CONSOLIDATION OF LAW ENFORCEMENT COMMUNICATIONS FOR THE CITIES OF CYPRESS, LOS ALAMITOS AND SEAL BEACH: The City Manager reviewed the staff report which advised that in 1993, the cities of Cypress, Los Alamitos and Seal Beach commissioned a comprehensive study of the feasibility of consolidating their police communications functions. At that time, the financial viability of the project was not feasible. With the acquisition and Implementation of a Countywide 800 MHz law enforcement communications radio system, the Issue of consolidating the communications function was again studied. It was staff's intent to bring the agreement to the Council for their consideration; however, there were changes being made to the agreement as late as Friday and the City Manager asked the other cities to delay the recommendations to the respective Councils and provide them with an update of the progress on the consolidation. The City Managers and City Attorneys will meet on Thursdav morning to review the final agreement and then bring it back for final consideration. The Police Chief said that the organization will operate under a joint powers type of agreement whereby each agency involved in this enterprise will have equal voice. The agreement will be brought back before the Council, along with a request for approval of the consolidation of the communications functions, funding of a communications center, a six month budget and a proposal to request bids for the construction of the communications center. He then projected the cost savings Cypress would experience over a stand-alone operation. The City Manager thanked Lt. Weuve for all the long hours and hard work he put into the project. Mayor Carroll reconfirmed the City Council's belief In the concept of this project and they will go forward with it. 13 CITY COUNCIL MINUTES December 10, 1996 It was moved by Councilmember Bowman and seconded by Councilmember Jones that the City Council recommit and move forward with the project contingent upon the approval of the Joint Powers Agreement. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None RECONSIDERATION OF ISSUES RELATED TO SECTIONS 17-71 THROUGH 17-71G OF CHAPTER 17 OF THE CODE OF THE CITY OF CYPRESS, RELATING TO SCHOOL ATTENDANCE AND TRUANCY (ORDINANCE NO. 958): The staff report was presented by Chief Wicker. At the CitV Council meeting of November 25, 1996, staff was directed to return this issue to the City Council at its meeting of December 10, 1996, for additional discussion and consideration of repeal of the ordinance. Councilmember Bowman had asked that staff provide the Council with additional statistics on crime in the city as they relate to juvenile crime. He said felt that the problem was with the outside influence in the City, not the children in the City of Cypress and he relayed the statistics. The only thing the ordinance does is give the police the opportunity to Issue a citation and there is a fine associated with that citation. It is not a curfew ordinance and it is not aimed at the good kids of the City of Cypress. He asked the Council not to repeal the ordinance and give the Police Department the opportunity to be able start the meter running on the juveniles that are truant. Councilmember Jones commented, referring to the State Education Code, that the ordinance is not doing anything earlier than that required by the state education code. She argued that the major difference between the state education code and the ordinance enacted is that it criminalizes the activity of the youth almost instantly. Also, there is conflicting information as to the police officer's ability to stop a suspected truant and their authority under the code. She referred to the Garden Grove program. Councilmember Piercy said her view of the ordinance is that it allows the police to issue a citation. There is a procedure for truants in the school system, but it takes forever. The ordinance just gives one more concrete piece of paperwork to speed the process along within the school system. Councilmember Keenan stated that there are many citizens who are passionate about this issue and he met more people who were against any concept of the ordinance. He believed that the ordinance does not address gangs and encouraged active anti-gang measures. Mavor Carroll asked if anyone wished to speak in favor of repealing the truancy ordinance and the following people spoke: MS. Robyn Nordell, 223 Ventura Place, Fullerton Mr. John Waldrip, 319 W. Olive Avenue, Monrovia Ms. Sarah Fleming, 5331 Bishop Street, Cypress Ms. Debbie Benjamin, 4252 Garnet Avenue, Cypress Ms. Gall Marinello, 5737 Pine Court, Cypress Mr. Steve Cotugno, 31062 Paseo valencia, San Juan Capistrano, who read from letters written by his two sisters who live in Cypress Mr. Dave Simcox, 6143 Trinidad Avenue, cypress Mr. Kim Pridmore, 5077 Cumberland Drive, Cypress Mr. David Pugsley, 6460 Crescent Ave.,//5, Buena Park Mr. Dennis Marinello, 5737 Pine Court, Cypress Mr. Don Wesling, 11431 Anegada Street, Cypress Mr. Enzo Selvaggi, 12201 Tunstall Street, Garden Grove MS. Marian Soderholm, 3826 Marwick Avenue, Long Beach Ms. Eglah Mljares, 9951 Holder Street, #13, Cypress Mrs. Kathy Sirecox, 6143 Trinidad Avenue, Cypress Ms. Paula English, 5975 Suva Street, Cypress Msr Tonya Ruiz, 6130 Nauru Street, Cypress MS. JoAnne West, 9375 Cambridge Street, Cypress No one wished to speak against repealing the ordinance. 14 CITY COUNCIL MINUTES December 10, 1996 Mayor Carroll stated that he had been against this ordinance from the onset and he believed it was one of the most important decisions that the City Council would make. He quoted from a newspaper clipping and a booklet on the Bill of Rights. He applauded the proponents for repeal of the ordinance and unless he had some compelling information, the Council's job Is to support what the people want. Councilmember Piercy said that a lot of people were stuck on the idea of a curfew and the present ordinance is not a curfew ordinance. The people present are emotionally involved in this issue and feel strongly. This ordinance is a simple, additional tool to deal with students who are problems. She had hoped that another type of survey would have been done and she felt the ordinance was a help. Councilmember Jones responded by referring to the City of Seal Beach's curfew sweep and it is a law that is not appropriate. Councilmember Keenan pointed out that there has been a lot of public comment on this, the majority of people have been from Cypress and against the ordinance. He will vote to repeal the ordinance. It was moved by Councilmember Keenan and seconded by Councilmember Jones to approve the first reading of the Ordinance by title only, title as follows, repealing Sections 17-71 through 17-71g of the City Code, Ordinance No. 958. Councilmember Bowman advised that there has been some discussion that is not accurate; it is not a curfew ordinance; it is not the Orange County model ordinance and he suggested that it be put to a vote of the people. The number one concern is crime and this ordinance is trying to address that issue. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING ORDINANCE NO. 958, RELATING TO SECTIONS 17-71 THROUGH 17-71G OF THE CODE OF THE CITY OF CYPRESS, RELATING TO SCHOOL ATTENDANCE AND TRUANCY. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Jones, Keenan and Carroll 2 COUNCILMEMBERS: Bowman and Piercy 0 COUNCILMEMBERS: None RECESS: Mayor Carroll recessed the meeting at 11:30 p.m. and reconvened at 11:37 p.m. with all Councilmembers present. DUe to the lateness of the hour, it was moved by Councilmember Bowman and seconded by Councilmember Jones to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 96-36, TWO-STORY OFFICE/WAREHOUSE BUILDING FOR USHIO AMERICA, 5740 CERRITOS AVENUE: The Community Development Director summarized the staff report which represented a request to construct a 43,290 square foot,two-story office/warehouse building on the property located at 5740 Cerritos Avenue. The proposed project meets the development standards as set forth in the Cypress View Limited Specific Plan and the Cypress Zoning Code. In accordance with the requirements of the California Environmental Quality Act, a mitigated Negative Declaration will be filed for this project. Based on the analysis of the proposed use and its compatibility with surrounding uses, staff is recommending approval of Design Review Committee No. 96-36, as conditioned. Mr. Nick Adachi, project architect and representing the property owner, advised that this building will be set back farther than the adjacent buildings because of the design of the parking lot. It was moved by Councilmember Jones and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving Design Review Committee NO. 96-36, with conditions. 15 CITY COUNCIL MINUTES December 10, 1996 RESOLUTION NO. 4738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-36 ° WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CITY COUNCIL APPOINTMENTS~' Mayor Carroll referred to the staff report and the informational handout provided to the Councilmembers. If there were no objections, Councilmembers may desire to retain their current appointments to the various organizations; however, the Orange County Sanitation District and the Orange County Division of the League of California Cities' bylaws require the Mayor to be the City's delegate. After some discussion, the following appointments were made: Orange County Sanitation District (Meets 2nd Wednesday of the Month) League of California Cities Orange County Division (Meets 2nd Thursday of the Month) Santa Ana River Flood Protection Agency Southern California Association of Governments City/Cypress School District Joint Steering Committee Growth Management Area No. 2 (Measure M) Joint Ventures Committee w/Cities of La Palma, Los Alamitos, Seal Beach Orange County Fire Authority League of California Cities Legislative Delegate Program OCTA - Corridor Elected Officials Committee League Restructuring Committee League Library Ad Hoc Committee League Landfill Ad HOC Committee Orange County vector control Mayor - Representative Mary Ann Jones - Alternate Mayor - Representative Mary Ann Jones - Alternate Tim Keenan Mary Ann Jones - Alternate Tom Carroll - Representative Tim Keenan - Alternate Anna Piercy Walter Bowman Anna Piercy - Representative Tim Keenan Walter Bowman TOm Carroll - Representative Mary Ann Jones - Alternate TOm Carroll Tom Carroll Tim Keenan Mary Ann Jones TOm Carroll Lincoln Castro District (Meets 3rd Thursday of the Month) It was moved by Councilmember Bowman and seconded by Councilmember Jones to confirm the appointments to the aforementioned organizations. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 16 CITY COUNCIL MINUTES December 10, 1996 CONSIDERATION OF RESOLUTIONS MAKING CERTAIN FINDINGS IN CONNECTION WITH DISABILITY RETIREMENT APPLICATIONS: In response to Mayor Carroll, the City Attorney advised that this item was discussed and acted upon in Closed Session and no further action needed to be taken. CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 23928 - 24118: It was moved by Mayor Carroll and seconded by Councilmember Bowman to approve the Warrants NO. 23928 through 24118 in the amount of $858,073.26. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: Mayor Carroll recessed the meeting at 12 a.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 12:03 a.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda Mr. Don Wesling, 11431 Anegada Street, Cypress, stated that the Chamber of Commerce failed to invite some of the Councilmembers to the "Toys for TOTS" function and he would like to see the politics removed from the Chamber. Councilmember Jones clarified that all the Councilmembers were Invited to participate in "TOys for Tots" program by letter from Continental Cablevision. Mayor Carroll said he considered the letter an insult to the Mayor and Councilmembers. The City Council retreat was scheduled for Saturday, January 25, 1997. The City Manager would be sending the Council a memorandum on items that have been previously discussed as potential topics for discussion. Mayor Carroll recommended that interview dates be set for the Recreation & Community Services Commission applicants. After some discussion, Monday, January 6 at 5:00 p.m. was suggested and decided upon and the interviews to be held at 10 to 15 minute intervals. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda ADJOURNMENT: Mayor Carroll adjourned the meeting at 12:10 a.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 17 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 23, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:31 p.m., Monday, December 23, 1996 in the Council Chamber, 5275 Orange Avenue, Cypress, with Mayor Tom Carroll presiding. PRESENT: Councilmembers Bowman, Jones, Keenan, Piercy and Carroll ABSENT: None Also present were the City Manager, City Attorney and the Police Chief. ORAL COMMUNICATIONS: FOr Matters on the Agenda. No one wished to speak. DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF CONSOLIDATION OF LAW ENFORCEMENT COMMUNICATIONS FOR THE CITIES OF CYPRESS, LOS ALAMITOS AND SEAL BEACH: The Police Chief presented the report which indicated that in 1993, the cities of Cypress, Los Alamitos and Seal Beach commissioned a comprehensive study of the feasibility of consolidating police communications functions. The study revealed the project to be feasible from an operational perspective, but the financial viability at that time was not positive. With the acquisition and implementation of the County-wide 800 MHz law enforcement communications radio system, the issue of consolidating the communications functions for each of the named agencies was again studied. At its meeting of May 28, 1996, the City Council approved staff's continued study of the issue with direction to return to the City Council with recommendations. At its meeting of December 10, 1996, the City Council was presented with information and data regarding the proposed consolidation of communications and the proposal was presented as both feasible and financially viable. City Council directed the matter again be returned to the Council for consideration when the Joint Powers Agreement and other elements of the consolidation effort had been resolved. There followed a question and answer period on the agreement, cost sharing, what cities the agreement covered and provisions for employees. It was moved by Councilmember Bowman and seconded by Councilmember Jones to: Approve the consolidation of law enforcement communications for the Cities of Cypress, Los Alamitos and Seal Beach. 2. Approve the Joint Powers Agreement for the communications center operation. Approve in principle, the plans for construction of the joint communications center to be housed at the existing Seal Beach Police Department facility pending final review of plans and specifications by the Cypress, Los Alamitos and Seal Beach Cities Engineering Departments, and with such final review approval, additionally approve that the project be submitted for bid proposals for the construction project. 4. Approve six month operating budget for the joint police communications center. o Appoint a City Council representative to the joint communications center Executive Board. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None It was moved by Mayor Carroll and seconded by Councilmember Jones to appoint Councilmember Keenan as the Council representative and Councilmember Piercy as alternate to the joint communications center Executive Board. The motion unanimously carried by the following roll call vote: