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Minutes 97-09-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 8, 1997 The Regular Meeting of the Cypress City Council was called to order at 5:00 p.m., Monday, September 8, 1997 in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, Mayor TOm Carroll presiding. PRESENT: ABSENT: Councilmembers Bowman, Jones, Keenan, Piercy and Carroll None AlSo present were the City Manager, City Attorneys William Wynder and Dan Slater and staff members Angus, Christoffels, Davis, Haina, Justen, Kelly and Storey. WORKSHOP SESSION: Update of City Hall Remodelincj. Staff provided the Council with an update on the City Hall remodeling, a review of office location changes and proposed decor. Establishins Limited Stay Provisions and Other Regulations for Motels. The Council discussed the possibility of an Ordinance which would establish provisions for limiting long term stays in hotels and motels in the City. Staff will prepare and return to Council with a proposed ordinance. CLOSED SESSION: Mayor Carroll recessed the meeting at 5:45 p.m. to enable the Council to enter into Closed Session to discuss those agendized items of Conference with Real Property Negotiator (Government Code Section 54956.8) on various sites throughout the City for the restructuring of PEG Channels between City and MediaOne; Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a) Scales vs. City and Anticipated Litigation (Government Code Section 54956.9(b). RECESS: Mayor Carroll recessed the meeting at 6:30 p.m. to allow the Council to move to the Council Chamber. The meeting reconvened at 7:00 p.m. with all Councilmembers present. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Keenan. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized discussions conducted at the Workshop Session on City Hall Remodeling and Establishing Limited Stay Provisions and Other Regulations for Motels. The Acting City Attorney reported on the Closed Session items of Real Property Negotiations with MediaOne, which the Council referred back to the CATV & Technology Commission with the direction to obtain a response from MediaOne to permit the evaluation the Council was being asked to provide and consider. On the items of Existing Litigation, Scales, et al v. City of Cypress, and the Anticipated Litigation case, Council unanimously agreed to offer settlement proposals. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR Councilmember Keenan introduced his mother who was visiting and in the audience this evening. He mentioned that there had been some filming in Cypress and one shoot was a regional commercial for ARCO. The Orange County Film Commission reported that for the first six months, total production days have increased to 264, surpassing the 1996 total with a direct economic impact of $3.9 million on the County. Councilmember Bowman asked the Public Works Director to comment on the City's street repair. Director Christoffels said that most of the activity was related to telecommunications companies installing fiber optic cable. The repaving process should take about a week and one-half, then Valley View Street and portions of Katella Avenue will be completed. Mr. Johnnie Perkins, 9219 Esther Street, Cypress, referred to the Council's not reappointing Cable and Technology Commissioner Louie Giampapa, whom the Recreation and Parks District had presented a Volunteer of the Year award. The standard of CITY COUNCIL MINUTES September 8, 1997 attendance should be consistently held for all Commissioners and consistently arriving late or leaving meetings early should be monitored also. AWARD OF CONTRACTS: PAVEMENT OVERLAY OF RESIDENTIAL STREETS, PUBLIC WORKS PROJECT NO. 9726: The City Manager asked the Public Works Director to present the staff report which indicated that seven bids were received to resurface all of the residential streets located south of Cerritos Avenue, north of the railroad tracks, west of KnOtt Street and east of Valley View Street. Mayor Carroll noted that he had received several complaints about the type of asphalt used to resurface the streets and the amount of residual. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to: 1. Determine the lowest responsible bidder for Public Works Project No. 9726 to be Industrial Asphalt, 1357 W. Foothill Blvd., Azusa, CA 91702, and 2. Award a contract for resurfacing residential streets in the amount of $273,839.50 (award amount of $248,945.00 plus ten percent contingency) to Industrial Asphalt. 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 RESULTS OF REQUEST FOR PROPOSAL PROCESS FOR NEW TELEPHONE SYSTEM AND RECOMMENDATION FOR ACQUISITION OF NEW SYSTEM: At the request of the City Manager, the Public Works Director presented the staff report advising of the results of the Request for Proposal (RFP) process. The report included an analysis of the six RFP responses and recommended that the City enter into a five year contract with Pacific Bell for Centrex services and obtain new phone equipment, voice mail and voice cabling. The phone equipment that is being recommended will allow the City to reduce the number of Centrex lines leased from Pacific Bell from the current figure of 176 to 32. This will result in substantial cost savings. The purchase of voice mail and voice cabling are also recommended. He then introduced the consultant, Larry Lichty, who provided additional detail and answered questions from the Council. It was moved by Councilmember Jones and seconded by Councilmember Piercy to authorize entering into a five year contract for Centrex services with Pacific Bell, 200 W. Harbor Place, Room 600, Anaheim, CA 92805 in the amount of $132,230, the purchase of NEC/NEAX-2000 telephone equipment and voice mail through Corn-Aid, 100 Chaparral Court, Suite 260, Anaheim, CA 92808 in the amount of $126,834 and the purchase of new voice cabling through Lynch Communications, 570 E. La Cadena Drive, Suite 2-E, Riverside, CA 92551 in the amount of $11,072. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None PURCHASE OF PLAYGROUND EQUIPMENT AT ROSEN/ACACIA PARK: The Acting Recreation and Park District Director, June Liu, presented the staff report describing the condition of the playground equipment at Rosen/Acacia Park, which needed to be replaced for safety reasons due to its high potential for liability and its state of deterioration. Two bids were received and the equipment design selected represented basic elements of play to include slides and climbers and will be divided into areas catering to older aged children and tots. It was moved by Councilmember Bowman and seconded by Councilmember Piercy that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, award a contract to the lowest bidder, Moore Playground Equipment, representing Gametime equipment, P.O. Box 3337, Thousand Oaks, CA 91359, in the amount of 18,392.54. 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 CITY COUNCIL MINUTES CONSENT CALENDAR: September 8, 1997 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 Bowman advised that he would be abstaining on Item No. 8(b), Design Review Committee No 97-29. Councilmember Keenan requested that Item 8(b) be pulled. Councilmember Bowman asked a question of the Acting City Attorney on a motion made and included in the Minutes of August 25, 1997 regarding the reappointment of Commissioner Giampapa to the CATV and Technology Commission. His understanding is that the maker of the motion, if the second agrees, could have the motion reconsidered and he would like to do that. The Acting City Attorney advised that the motion for reconsideration is made at the same meeting, but is permitted at a subsequent meeting in the same Council year. The Council continued with the Consent Calendar and deferred this item until later. It was moved by Councilmember Bowman and seconded by Councilmember Keenan to approve the Consent Calendar, Items No. 4 through 17, with the exception of Items No. 4 and 8(b). 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. 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: Claim Filed by Rosa E. Suchire. Recommendation: Receive and file. Item No. 7: Proclaiming October 1997, as "Breast Cancer Awareness Month." Recommendation: That the Mayor and City Council officially proclaim October 1997, as "Breast Cancer Awareness Month" in the City of Cypress. Item NO. 8: Design Review Committee No. 97-28 - Install Building Signage, 11261 Warland Drive. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 97-28. RESOLUTION NO. 4845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-28 - WITH CONDITIONS. Item No. 9: Proclaiming October 1997 as "Toastmasters MOnth." Recommendation: That the Mayor and City Council officially proclaim October 1997 as "Toastmasters Month" in the City of Cypress as requested. Item No. 10: Proclaiming October 1997 as "Escrow Month." Recommendation: That the Mayor and City Council officially proclaim October 1997 as "Escrow Month" in the City of Cypress. Item No. 11: Proclaiming October 6-10, 1997 as "Rideshare Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim October 6-10, 1997, as "Rideshare week" in the City of Cypress. Item No. 12: Continuous Employment List- Police Officer (Academy Trained Entry). Recommendation: Receive and file. Item No. 13: Promotional Employment List - Secretary to the City Manager. Recommendation: Receive and file. Item No. 14: City of Cypress Contract With the Cities of Los Alamitos and Seal Beach and West Cities Communications Center Joint Powers Authority for Employee Services. CITY COUNC!L MINUTES September 8, 1997 Recommendation: That the Cypress City Council grant the City Manager authority to enter into a contract with the Cities of Los Alamitos, Seal Beach and West Corem JPA for Employee Services. Item No. 15: Adoption of Resolution Commending Eagle Scout Richard E. Feistman. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy SCout Richard E. Feistman on attaining the rank of Eagle Scout. RESOLUTION NO. 4846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT RICHARD E. FEISTMAN ON ATTAINING THE RANK OF EAGLE SCOUT. Recreation & Park District Matters: Item No. 16: Appointments to the 1997-98 Youth Commission. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, ratify the recommendations by the Recreation and Community Services Commission for the appointments to the 1997-98 Youth Commission. Item No. 17: Additional Roller Hockey League. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the offering of an additional roller hockey league for the Fall 1997 season, as recommended by the Recreation and Community Services Commission. Regarding Item No. 8(b), Design Review Committee No. 97-29 - Install Freestanding Sign for Action Auto Sales, 9060 Walker Street, Councilmember Bowman reiterated his abstention on this item. Councilmember Keenan stated he would vote "no" on this item because he felt it wasn't the direction the City should be heading. It was moved by Councilmember Jones and seconded by Mayor Carroll that the City Council adopt the ReSolution by title only, title as follows, approving Design Review Committee Permit NO. 97-29, with conditions. RESOLUTION NO. 4847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-29 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Jones, Piercy and Carroll NOES: I COUNCILMEMBERS: Keenan ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Bowman Returning to Councilmember Bowman's question on the Minutes of August 25, 1997, the Acting City Attorney advised that under Roberts Rules, the motion to reconsider must be made by a Councilmember who voted on the prevailing side. If the Councilmember was on the prevailing side, the motion would be In order, if not, then Councilmember Bowman would not be eligible to make the motion to reconsider. Councilmember Bowman asked to have this clarified because the vote was 2-2. The ACting City Attorney said that would not change the opinion because tie votes on a motion are deemed to be a rejection of the motion. Councilmember Bowman remarked that he was under the impression that the maker of a motion and the second could ask for reconsideration, but the advice from the City Attorney is that the prevailing side would have to make the motion. It was moved by Councilmember Keenan and seconded by Mayor Carroll to approve the Minutes of the Regular Meeting of August 25, 1997, as submitted, with Mayor Pro Tern Jones abstaining due to her absence at the meeting. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Jones END OF CONSENT CALENDAR CITY COUNCIL MINUTES September 8, 1997 PUBLIC HEARINGS: 7:30 P.M. REVIEW OF ONE-DAY LIVE ENTERTAINMENT PERMIT - FRIENDS OF CYPRESS RECREATION AND PARKS, 5700 ORANGE AVENUE, CYPRESS: The public hearing was opened by Mayor Carroll. At the request of the City Manager, the Acting Police Chief reviewed the staff report representing an application for a Live Entertainment Permit for a one-day event on September 13, 1997, from 5:00 p.m. to 11:00 p.m. The event is the Friends of Cypress Recreation and Parks, Inc., "First Annual Western Barbecue and Dance" which will be held on the Los Alamitos Race Course property. There will be a four piece Country and Western Band, $15 admission charge and alcoholic beverages will be sold. The Cypress Police Department and the Community Development Department requested the following conditions for approval be added: o o The applicant shall obtain all necessary building/electrical permits from the Cypress Building Department prior to the installation of any equipment or structures; The final location of the music stage and direction of any amplifiers/speakers shall be directed to the east or southeast, away from any residential area; The music from the event shall be within the noise standards established in Article VII "Noise Control" of the Cypress City Code; and An Alcoholic Beverage Control permit be obtained for the sale of alcoholic beverages. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 750 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. A representative of the Friends of Cypress Recreation and Parks, Inc. was in the audience to answer questions from the Council. Responding to Councilmembers, the Acting Chief advised that the amount of the fees waived for the Permits would total $100 and there may be some minor fees from the Building Department. Mayor Carroll asked if anyone wished to speak in favor of the application. Mr. Chris Sherrin, representing the Friends of Cypress Recreation and Parks, said this was a fundraiser and he invited members of the Council to attend. Responding to the Mayor, Mr. Sherrin said most of their funds go to youth sports in the form of physical improvements. NO one else wished to speak and Mayor Carroll closed the public hearing. It was moved by Councilmember Piercy and seconded by Councilmember Jones to approve the application for the Live Entertainment Permit with the waiver of fees and the aforementioned 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 EXPIRATION OF LIVE ENTERTAINMENT PERMIT FOR CAMPUS BILLIARDS, 9111 VALLEY VIEW SREET, CYPRESS: Mayor Carroll opened the public hearing. The City Manager summarized the staff report which addressed the expiration of the one year Live Entertainment Permit for Campus Billiards. The permit allowed a four member rock and roll band to entertain patrons on Saturday nights between 9:00 p.m. and 1:30 a.m. The owner of Campus Billiards was contacted regarding the renewal of the permit and he indicated that he has not had live entertainment for several months and would not be applying for renewal. Campus Billiards' management has been notified by certified mail of the City Council's hearing. Notices of this public hearing were also posted, published and mailed to the owners of all properties located within 300 feet of Campus Billiards in accordance with the requirements of the City Code. Mayor Carroll asked if anyone wished to speak in support of or in opposition. NO one spoke and the Mayor closed the public hearing. It was moved by Councilmember Bowman and seconded by Councilmember Keenan to receive and file the staff report. The motion unanimously carried by the following roll call vote: CITY COUNC!L MINUTES September 8, 1997 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None CONDITIONAL USE PERMIT NO. 97-8, ATTACHED SECOND UNIT (GRANNY UNIT), 5791 LEMON AVENUE, CYPRESS: Mayor Carroll declared the public hearing open. The City Manager asked the Community Development Director to summarize the staff report which represented a request to add cooking facilities to an existing living area within an existing single-family residence creating an attached second unit, or "Granny Unit" located at 5791 Lemon Avenue. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be Categorically Exempt, Class 1. If a second unit or "Granny" unit meets certain criteria under Section 65951.1 of State law, subject to a Conditional Use Permit, it shall be approved. This unit does meet the criteria established in the staff report. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. TO date, staff has received one phone call from a neighbor who was concerned that the unit would end up being rented out when no longer used by the property owner's mother. Mr. Keevin Blue, representing the homeowner Arlene Souza, commented that her grandmother had requested the addition of cooktop to an existing kitchen area attached to the rear of an existing dwelling. No one wished to speak for or against the application and Mayor Carroll closed the public hearing. It was moved by Councilmember Bowman and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 97-8, subject to conditions. RESOLUTION NO. 4848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 97-8 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None AMENDMENT TO CONDITIONAL USE PERMIT NO. 92-15, ADDITION OF OFFICE AND STORAGE AREA FOR ZION CENTRAL PRESBYTERIAN CHURCH, 5307 AND 5309 LINCOLN AVENUE, CYPRESR: The public hearing was opened by the Mayor. AS requested by the City Manager, the Community Development Director presented the item, referring to the staff report, which represented a request by the Zion Central Presbyterian Church to expand their operations into an existing commercial lease space located immediately adjacent to the east of the church property. The application consists of the utilization of two vacant, commercial lease spaces located on the property adjacent to the church site to be used as office and storage areas. Because the proposal is not consistent with the purpose of the Lincoln Avenue Combining zone or the Lincoln Avenue Redevelopment Plan, staff is recommending denial of this request and in accordance with the requirements of the California Environmental Quality Act, no CEQA determination is required. Should this project be approved, it will be Categorically Exempt, Class 1. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. Pastor Tae Kang, Zion Church, 5307 & 5309 Lincoln Avenue, Cypress, introduced some members of the church congregation that were present. He provided reasons for the request, which would allow the church to grow and serve the community with more financial ability. Mr. Steve MOon, Youth Counselor for Zion Church, 5271 Lincoln Avenue, Cypress, provided specific reasons why office space adjacent to the church was needed. He felt that the church would indirectly help the City of Cypress and with the additional office space, they would be able to grow. Mr. Henry Kim, Bible School teacher at Zion Church, 5271 Lincoln Avenue, Cypress, said that the use of the new building is essential to the growth of the church. NO one else wished to speak; therefore, the Mayor closed the public hearing. CITY COUNCIL MINUTES September 8, 1997 Responding to Councilmember Jones, the Acting City Attorney replied that it was permissible to grant a conditional use permit for a limited period of time and if it is to be part of the proposal, he suggested obtaining the approval of the applicant. Mayor Carroll asked about relocation of a church. The Acting City Attorney responded that if the City required use of the site, fair market value would have to be paid. Relocation could be part of the mix depending upon the purpose of the acquisition. Councilmember Keenan agreed with the staff that potentially there is a better use of the property and he asked if there was any attempt to find alternative sites. Pastor Kang said they have worked with both owners and they are willing to lease space to the church. The office space would not be used all the time. Councilmember Piercy asked If other locations off Lincoln Avenue were investigated. Pastor Kang said they have looked elsewhere but those facilities were not acceptable. He said the church would contribute financial revenue to the City. Mayor Carroll agreed with staff's conclusions. The City plans to spend a lot of money to improve Lincoln Avenue, he didn't believe this use is correct and he would vote to deny the amendment. Councilmember Bowman asked if the church went into the Tower Center, which does have storage, would a conditional use permit be required. The Community Development Director replied that everything the church has requested has been an expansion of an existing church. Councilmember Bowman believed clarification was needed that if any church in the community rents office space, they either do or do not need a conditional use permit. He also believed that if any church in the community rents storage space, they wouldn't need a conditional use permit. He did agree with the staff report and would not agree with the amendment, but these items need to be clarified. Councilmember Jones commented that some of the proposed uses appear to be commercial and she expressed concern with denying the project. The Acting City Attorney said it was difficult to make assessments when the situation falls in the middle and decisions need to be made on a case-by-case basis. Mayor Carroll advised that one of the goals for Lincoln Avenue was to promote revitalization of the commercial areas and thereby enhance the economic base of the City. This project does not fulfill that goal. Councilmember Keenan concurred and would not have a problem with a site other than on Lincoln Avenue. After some additional discussion, Councilmember Bowman moved and Councilmember Keenan seconded the motion to adopt the Resolution by title only, title as follows, denying Amendment to Conditional Use Permit No. 92-15. RESOLUTION NO. 4849 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. 92-15. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll I COUNCILMEMBERS: Jones 0 COUNCILMEMBERS: None VARIANCE NO. 97-6 AND DESIGN REVIEW COMMITTEE NO. 97-23, INSTALLATION OF ANTENNA TOWER AT 5285 CYPRESS STREET: Mayor Carroll opened the public hearing. The City Manager reported that staff is currently in the process of addressing issues regarding the placement of the antenna on the subject site and requested continuation. It was moved by Councilmember Bowman and seconded by Councilmember Jones to continue this item to the September 22, 1997 City Council meeting. 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 CITY COUNCIL MINUTES DEFERRED BUSINESS: September 8, 1997 STATUS AND OPTIONS FOR THE DRAFT SIGN CODE AMENDMENT: At the request of the City Manager, the Community Development Director summarized the staff report advising that a workshop had been held to review the background and current draft of the Sign Code Amendment. Council had discussed whether an amendment is needed or there be a combination of enforcement of the current regulations coupled with the reformatting that is occurring as part of the comprehensive Zoning Code Update. Direction was given to staff to report back on the differences between the existing standards and those proposed in the 1993 draft Sign Code Amendment with cost information. In addition, the City Council gave direction to the City Attorney regarding possible changes to the political sign regulations and that response was part of the staff report. She advised that staff has been proactive on the sign enforcement aspect and letters have gone out. There is a state law that requires an inventory of all Illegal signs and a new sign code could not be adopted until the entire inventory was completed. The Public Works Director mentioned political signs being placed In parkways, particularly in residential areas. As the department that is enforcing the code, they have been removing those on a complaint basis. He asked that the Council consider leaving that portion of the code intact. Mayor Carroll believed the Council should consider having a Sign Task Force to be involved in a Sign Ordinance for commercial signs. Responding to Councilmember Piercy, the Community Development Director advised that this Sign Ordinance Amendment probably would come to fruition during next year's budget process. Councilmember Keenan said he would like the staff to start the process. The sign ordinance needs to be modernized, the Inventory of signs should be started and it appears that the City is headed In the right direction. Anything that is going to be done by a consultant should be implemented as soon as possible. After some discussion, the City Manager suggested that an inventory be undertaken, returning to Council with an appropriation to employ a consultant to conduct that inventory, continue to enforce the provisions of the existing ordinance and put a workplan together to bring back to the Council in a workshop. It was moved by Mayor Carroll to receive and file the staff report and have staff develop a workplan for a workshop session. Councilmember Keenan seconded the motion and mentioned bringing back the sign inventory. Councilmember Bowman commented that his understanding of State law was the inventory had to be completed when the sign ordinance was adopted by the City to determine which signs would not be In compliance. The Acting City Attorney referred to the code which mentioned 120 days after adoption. Councilmember Bowman said that the problem is going to be obtaining a middle ground, it is a slow process and for good reason. 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 DESIGN REVIEW COMMITTEE NO. 97-27, TWO-STORY OFFICE BUILDING, 6261 KATELLA AVENUE, CYPRESS: The Community Development Director summarized the staff report which represented a request by Warland Investments to construct a 74,000 square foot two- story office building on the property located at 6261 Katella Avenue in Planning Area 2 of the Warland/CVPress Business Center Specific Plan area. There have been two previous Design Review Committee approvals which lapsed after one year because a building permit was not issued and construction did not commence. Renewals have to be made each year as extensions are not allowed. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration has been filed for this project. The applicant has stated that they will not begin construction within the one year expiration date and, therefore, are requesting approval of this application. Mr. Carl Robertson, Warland Investments, spoke on behalf of the project and noted that it had been approved on two previous occasions. He commented on the highlights of the development and it is a high end project that was originally designed for a specific user. He also commented on the quality of the Business Park and the diverse mix of businesses. Councilmember Keenan asked the applicant to consider carrying the sidewalk all the way around the project and continue it for the full length of the property. Mr. Robertson said they would explore that possibility with their architect and consider the request. CITY COUNCIL MINUTES September 8, 1997 It was moved by Councilmember Jones and seconded by Councilmember Piercy to adopt the Resolution by title only, title as follows, approving DRC NO. 97-27 - with conditions. Councilmember Jones remarked that once again this is a wonderful project and she appreciated the additional landscaping they have provided to enhance the business park. RESOLUTION NO. 4850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING DESIGN REVIEW COMMITTEE NO. 97-27 - WITH CONDITIONS. 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 Councilmember Keenan commented that an upscale, two-story office building is a good addition to the mix and an appropriate balance with the existing businesses. REQUEST TO REMOVE A PARKWAY TREE AT 4751 NEWMAN AVENUE. The Public Works Director presented the staff report to which was attached a letter from Ray and Sharon Swinford requesting removal of the street tree. This tree does not meet any of the criteria established by the City Council for tree removals. In accordance with the City Code, a resident may appeal the Public Works Director's decision denying removal to the City Council. Staff is seeking Council direction on this matter. Responding to Mayor Carroll, the Public Works Director advised that the appeals that come before the Council reflect about 10% of the letters sent denying removal. Councilmember Keenan mentioned that he is not in agreement with the criteria established by the Council. The Council is an appeals board and it is up to them to decide whether there are unusual circumstances and special criteria. He was in agreement that this tree should not be removed. Councilmember Piercy said the Council has tried to establish guidelines and each request will be decided on a case-by-case basis. Responding to Councilmember Piercy, the Public Works Director replied that the tree is too mature to be straightened. Councilmember Jones expressed her support of the tree policy that the Council had implemented previously. It was moved by Councilmember Jones and seconded by Councilmember Piercy to deny the removal of the parkway tree at 4751 Newman Avenue. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None REQUEST TO REMOVE A PARKWAY TREE AT 5562 BELLE AVENUE: At the request of the City Manager, the Public Works Director presented the staff report. He advised that the street tree at 5562 Belle Avenue does not meet any of the criteria established by the City Council for tree removals. Per City Code, a resident may appeal to the City Council the Public Works Director's decision denying removal. The applicant's letter protesting the denial was attached and staff sought Council direction. The tree is currently healthy, has no history of causing damage to the sewer system but is causing minor sidewalk damage that has been repaired with a temporary asphalt ramp. Responding to Councilmember Keenan, the Public Works Director advised that the gap in the sidewalk caused by the tree roots would continue to be filled in, but if, at some point, the displacement gets too large, the concrete will be removed and a ramp constructed. Councilmember Keenan said the applicant was present to speak. He visited the site to observe the ramping and commented on the displacement of this and the neighbors sidewalk. Councilmember Piercv expressed the premise that they would like to preserve the trees as much as possible and the concept that sidewalks have to be perfectly flat is not being pursued. She would like to see more mature trees in the City. The applicant, Mr. Jay Tatman, expressed concern about the ramping because his children utilize the front yard daily. The ramping is an unsafe alternative and his son has already CITY COUNCIL MINUTES September 8, 1997 fractured his hand because of this ramp. He felt the sidewalk could not be repaired any more without cutting down the tree. He presented pictures of the sidewalk for Council. Councilmember Piercy asked the applicant if he were adverse to the tree or the sidewalk. Mr. Tatman responded that he was concerned about the sidewalk being safe and didn't feel it could be safely repaired. It was moved by Mayor Carroll and seconded by Councilmember Jones to deny the request for removal and ramp the sidewalk to meet ADA standards. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Jones, Pierc¥ and Carroll NOES: 1 COUNCILMEMBERS: Keenan ABSENT: 0 COUNCILMEMBERS: None REQUEST FOR FUNDING FOR ADDITIONAL CYPRESS POPS ORCHESTRA'S SEPTEMBER 20, 1997 CONCERT: The City Manager advised that he had received a letter from John E. Hall III, Music Director/General Manager of the Cypress Pops Orchestra, requesting additional funding in the amount of $5,000 for the concert to be held on September 20, 1997 on the civic center green. During the 1997-98 fiscal year budget process, the District budgeted a total of $6,500 to support the Cypress Pops Orchestra. Responding to Mayor Carroll, staff member Patty Bailey reported that Carl Erikson, Member of the Pops Board of Directors, attended the last Cultural Arts Commission meeting not to seek funding but to advise them the Pops would be coming before the City Council. Mr. Carl Erikson, President of the Board of Directors for the Cypress Pops Orchestra, said that the citizens had encouraged the Board to attempt to have one more concert. He asked that the City consider bearing a larger portion of the costs associated with bringing this large entertainment group to the community and he suggested a $5,000 contribution. Councilmember Bowman agreed that the Pops puts on the best show; however, the question is how are they going to be funded. Nine years ago, the City contribution was primarily seed money and the remainder of the funds would be raised from the community. He then asked questions of Mr. Erikson on the Pops budget and the amount of contribution they were requesting. Mr. Erikson responded that the request is $5,000 total. Councilmember Bowman had a problem providing additional funding for the Pops when an organization comes in after the fact and says they need more money or they can't perform. The $1,000 is still there and he will not vote for any additional funding. Councilmember Keenan commented that the expense for putting on the Pops concerts is much higher than some of the other performances. He would support additional funding for this one concert. Councilmember Jones expressed concern with the $5,000 request and it didn't seem fair to fund the full amount because they are competing funds and resources. She would consider a small amount from the General Fund. Responding to Mayor Carroll, staff member Bailey estimated the attendance at the last Pops concert to be over 2,500. Councilmember Piercy commented that the Pops has been working hard for many years, this appears to be the first time they have asked for additional funds to put on a concert and she would support the request Mayor Carroll mentioned discussing a contribution of $3,000 total from the City. Councilmember Jones stated that she would not want to contribute any more than that and she did like the idea of matching funds. Councilmember Keenan suggested a matching grant of $2,000. It was moved by Mayor Carroll and seconded by Councilmember Jones that the City contribute $3,000 out of the General Fund, which would be an increase of $2,000 over budget. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: I COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Jones, Keenan, Pierc¥ and Carroll Bowman None CITY COUNCIL MINUTES September 8, 1997 Mayor Carroll commented, for the benefit of the Cultural Arts Commission, that requests for the arts should go through the Commission very early In the budget process then there probably would not be any redress later. Councilmember Keenan appealed to the public that as they attend these concerts, to contribute generously to the Pops. AMENDMENT TO RESOLUTION NO. 4268, REGARDING CYPRESS POLICE DEPARTMENT'S PENALTY SCHEDULE AND REQUEST FOR ADDITIONAL APPROPRIATIONS FOR PARKING ENFORCEMENT: The Acting Police Chief summarized the staff report which advised that the City is responsible for the administration of all parking fines and fees. The Police Department currently enforces all parking and vehicle code violations at Cypress College. The North Orange County Community College District Board of Trustees approved their parking procedures to include two new sections to be added to the existing resolution so citations for violations can be issued. Also requested was an appropriation for additional salaries to hire two part-time Police Aides to work parking enforcement at Cypress College. It was moved by Councilmember Bowman and seconded by Councilmembers Jones to adopt the Resolution by title only, title as follows, amending Resolution No. 4268 by adding two new sections and establishing fines relating to parking restrictions; approve an increase of general fund estimated revenue in Account 3300-11-999-99 in the amount of $12,500; and appropriate $12,500 from the unreserved fund balance of the General Fund to Account 4021-11-173-05 to cover 1,400 hours of Police Aide salaries for enforcement of parking regulations at Cypress College. RESOLUTION NO. 4851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4268 BY ADDING TWO NEW SECTIONS AND ESTABLISHING FINES RELATING TO PARKING RESTRICTIONS. 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 COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27846 - 28080: It was moved by Councilmember Jones and seconded by Councilmember Keenan to approve the Warrant List for Warrants No. 27846 through 28080 in the amount of $767,607.54. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. APPROVAL OF PLAN OF ACTION FOR REOPENING OF THE CYPRESS NATURE PARK: The City Manager asked Acting Recreation & Park District Director June LiU tO present the staff report which advised that the Recreation and Community Services Commission had recommended that the City Council approve the development of an action plan for the reopening of Nature Park to include the Commission working with a committee of citizens interested in assisting in the planning and preparation of the opening. The Nature Park is a 5.75 acre area primarily designed as a catch basin for runoff water during the winter storms; however, it is a viable open space for public use during the non-rainy season. A Nature Park Plan will entail necessary programming, staffing and maintaining the facility, capital improvements and their associated costs. Previous discussed uses included supervised structured use programs, open play and exploration, overnight camping, picnic areas and special events. Councilmember Keenan asked if there was money in the budget for programs if the Nature Park was reopened. The City Manager answered that money was not budgeted for programming of the Park, but money was budgeted for improvements. The City was hoping that interest would be generated amongst citizen volunteers and they could accomplish much of the programming. The Nature Park has some liability concerns. Mayor Carroll asked if waivers could be signed by people prior to entrance into the park. The Acting City Attorney advised that it highly recommended and they have prepared such forms for other clients. CITY COUNCIL MINUTES September 8, 1997 The Acting Recreation & Park District Director, in response to Councilmember Jones, said that they currently have a list of people and groups willing to assume projects and will continue to take names. Councilmember Jones asked if letters could be sent out to groups in the City so they are aware of the possible reopening. It was moved by Councilmember Jones and seconded by Councilmember Keenan that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the development of a plan for the reopening of Nature Park to include: (1) working with community groups and individual volunteers to assist in the planning and preparation of the reopening of the Park, (2) approval of a Nature Park Program Plan no later than April 13, 1998, and (3) a goal of dedicating the opening of Nature Park no later than June 15, 1998, as recommended by the Recreation and Community Services Commission. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. NO issues were presented. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, asked for and received an explanation on the City's tree removal policy. The Public Works Director explained that the City trees removed on Reefton Avenue were blocking the sewer laterals. MS. Mary Crowder, 6881 Reefton Avenue, Cypress, complained about the loose asphalt as a result of the street resurfacing. Councilmember Keenan, who is the Council's representative to West Cornre, advised that there will be a West Comm formal grand opening on September 29 at 5:30 p.m. in Seal Beach. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Carroll adjourned the meeting at 10:20 p.m. to 5:00 p.m., Monday, September 22, 1997 in the Administrative Conference Room. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS