Minutes 97-11-10MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 10, 1997
The Regular Meeting of the Cypress City Council was called to order at 5:00 p.m. in the
Administrative Conference ROOm, West Wing, City Hall, 5275 Orange Avenue, Cypress,
Mayor Tom Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Keenan, Piercy and Carroll
Councilmember Jones
Also present were the City Manager, City Attorney and staff members Kelly, Mariscal,
Storey and Wylie.
WORKSHOP SESSION:
Home Equity Loan/Single-Family Rehabilitation Procjrams.
Staff provided an update for the City Council on the progress of the newly-initiated Home
Equity Loan program. They also proposed terms for the initiation of a Single-Family
Rehabilitation program, such as, low interest loans.
MAYOR PRO TEM JONES ARRIVED AT 5:25 P.M.
DiSCussion Regarding Protocol on Appointments to Boards/Commissions.
Discussions were held on reconsideration of motions and operating procedures regarding
the protocol on Boards and Commission appointments. The City Attorney will prepare a
white paper on reconsideration of motions will be handled in the future. Council will
review and if they approve, they can adopt it as an administrative policy. On the second
item, the City Attorney suggested that the Ordinance be changed and he will bring back a
text amendment on Board and Commission appointments.
RECESS.: Mayor Carroll recessed the workshop session at 5:50 p.m. to allow the Council to
meet in the Council Chamber. The meeting reconvened at 6:00 p.m., with all
Councilmembers present.
CLOSED SESSION: The Mayor immediately recessed the meeting to a Closed Session to
discuss the agendized items of Conference with Legal Counsel - Existing Litigation
(Government Code Section 54956.9(a), Workers Compensation Appeals Board Case No. AN0
0311488, Retirement Disability Application, Kathleen M. Tautkas; and two Liability Claims
(Government Code Section 54956.95), Brian Lee Piette vs. City of Cypress and R. G. Dowdy
vs. City of Cypress. 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 Piercy.
PRESENTATIONS:
CITY COUNCIL MINUTES November 10, 1997
Mayor Carroll presented Community Service Awards to Former Senior Citizens
Commissioner Dorothy Galley and Former Cable Television & Technology Commissioner
Louie Giampapa.
A Certificate of Appointment was presented to Newly Appointed Cable Television &
Technology Commissioner Delbert Davis by Mayor Tom Carroll.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager summarized those discussions held during the Workshop Session.
The City Attorney reported on the agendized Closed Session items of Retirement
Disability Application of Kathleen M. Tautkas wherein the Council unanimously ratified the
compromise and settlement of the Workers Compensation Claim and unanimously
adopted the Resolution by title only, title as follows, adopting certain findings in
connection with a claim for disability retirement.
RESOLUTION NO. 4869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING RESOLUTION
NO. 4726 AND ADOPTING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR
DISABILITY RETIREMENT.
Regarding the Liability Claims of Pierre and Dowdy against the City of Cypress, the Council
voted unanimously to reject those claims.
ORAL COMMUNICATIONS: Limited to One-half Hour.
Mayor Carroll announced the protocol for conducting Oral Communications.
Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, mentioned the news article that told
about the City not giving tickets for uninsured motorists. He felt the policy was selective
and citations should be issued.
Ms. Natalie Sherman, Children's Librarian at the Cypress Library, announced the upcoming
"Children's Book Week" and presented the City with two new children's books for use in
the CitV's public areas. She also announced that there will be a quarterly Cypress Library
Newsletter.
Mr. Joe Kerr, Firefighters .Organization, asked for clarification on the oral communications
time constraints and said he felt that it would be most appropriate to wait until the Oral
Communications at the end of the meeting.
AWARD OF CONTRACTS
CONSULTANT SERVICES FOR THE HOLDER BRIDGE ANALYSIS, PUBLIC WORKS PROJECT NO. 9741:
The City Manager asked the Public Works Director to summarize the staff report advising
that the City Council had requested a traffic analysis be completed to establish a trigger
point for the construction of the bridge on Holder Street, thereby completing Holder
Street between Katella and Orangewood Avenues. Three firms responded to the
Requests for Proposals to examine critical links and intersections in the vicinity of the
bridge, determine current operating conditions, examine future traffic needs and
impacts and determine the critical intersection or link to be monitored.
It was moved bv Councilmember Jones and seconded bv Councilmember Bowman to:
CITY COUNCIL MINUTES November 10, 1997
Award a contract for consultant services for the Holder Bridge Analysis, Public
Works Project No. 9741, tO Kimley-Horn and Associates, Inc., 2100 W. Orangewood
Avenue, Suite 140, Orange, California 92868, in an amount not to exceed $29,980.
o
Appropriate $5,000 from the unreserved fund balance of the General Fund to
Account No. 4189-11-201-07 and authorize an operating transfer of $30,000 from
the Traffic Mitigation Fund (24) to the General Fund.
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
AUTHORIZATION TO PROCEED WITH THE LINCOLN AVENUE STREETSCAPE AND BRIDGE
ENHANCEMENTS, INCLUDING ARCHITECTURAL SERVICES - COORDINATING REVIEW OF THE
CONTRACT WITH THE ARCHITECT: At the request of the City Manager, the Community
Development Director presented the staff report advising that the street survey and the
Lincoln Avenue Citizen Participation program had been completed. Staff is now before
the City Council with the implementation phase of the Streetscape Plan. The
revitalization of Lincoln Avenue is a multifaceted effort, of which the Streetscape Plan is a
critical component. Although a land use and economic analysis is also being prepared as
part of the overall strategv, the implementation of the Streetscape Plan will make a
strong statement regarding the City's vision for the future of Lincoln Avenue.
Councilmember Bowman suggested that this money be funneled through the
Redevelopment Agencv and the General Fund and all other funds loan money to the
Redevelopment Agency. As the Agency becomes profitable, it would be able to repay the
loans to the other funds.
The Finance Director advised that the City had looked at this method and it will be taken
into consideration. He further advised they had considered the Redevelopment Agency's
ability to pay back that loan at this point; therefore, the debt would be building up.
Responding to Mayor Carroll, the City A~orney explained the reference to Section 21/A-17
of the Cvpress City Code regarding the mechanisms for the procurement of all supplies,
equipment or services and the exceptions.
In response to questions'from Councilmembers, the City A~ornev addressed the 30 day
cancellation clause in the Contract and the options.
Mayor Carroll complimented the staff on the positive and professional way the funds
were designated for this project.
It was moved by Councilmember Bowman and seconded bV Councilmember Jones to
approve the following recommendations:
Appropriate $108,295 from the fund balance of the CIP Fund to account 4186-15-
801-21 and authorize an operating transfer from the General Fund unreserved
fund balance in the amount of $108,295 to the CIP Fund for the planning,
construction and architectural services for the Lincoln Avenue Bridge Renovation;
and
CITY COUNCIL MINUTES November 10, 1997
Bo
Ao
Ao
Authorize the City to enter into and the Mayor to execute a contract with Larry
MOSS and Associates for architectural services for the bridge enhancements, as
further described in the scope of work (Exhibit A), for an amount not to exceed
$25,000.
Authorize staff to proceed with the Lincoln Avenue Streetscape Project, and
approve the funding plan for this project in Exhibit B; and
Appropriate $5,799,300 from the fund balance of the ClP Fund to account 4186-15-
807-27 and authorize operating transfers of a) $1,489,296 from the General Fund
unreserved fund balance; b) $890,000 from the fund balance of the
Redevelopment Agency's Lincoln Avenue project area's capital projects fund (37); c)
$1,000,000 from the fund balance of the Lighting District Fund (25); d) $250,000
from the unreserved fund balance of the Gas Tax 2106 Fund (22); $407,000 from the
fund balance of the Measure M Fund (39); $66,000 from the fund balance of the AB
2766 Fund (40); and f) $1,500,000 from the Traffic Mitigation Fund (24) to the CIP
Fund (15) for the planning and construction of the Lincoln Avenue Streetscape
Project; and
Authorize the City to enter and the Mayor to execute a contract with Larry Moss
and Associates in an amount not to exceed $460,000 for professional services as
outlined in the scope of work (Exhibit D) for the Lincoln Avenue Streetscape
Project.
Make a finding under Section 21A-17 of the Cypress City Code that the City enter
into these agreements (Recommendations lB and 2C) with Larry Moss and
Associates without observing the procedures required in Chapter 21A of the Code
because it is in the best interest of the City to do so.
The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
At this time, Mayor Carroll announced there would be a dedication at 10:00 a.m. of the
picnic facility at Veterans Park on November 11.
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.
Mayor Carroll asked that Item No. 10, Approval of Second Extension of Medix Ambulance
service contract be removed.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 2 through 13, with the exception of Item No. 10.
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 November 10, 1997
Item No. 2: MOtion tO Approve City Council Minutes of October 27, 1997.
Recommendation: That the city Council approve the Minutes of the Regular Meeting of
October 27, 1997, as submitted.
Item No. 3: MOtion tO Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 4: Approval of Alcoholic Beverage License Transfer Application - The Rooster,
6072 Lincoln Avenue, #B, Cypress.
Recommendation: Receive and file.
Item No. 5: Proclaiming November 23-30, 1997, as "Bible Week."
Recommendation: That the Mayor and City Council officially proclaim November 23-30,
1997, as "Bible Week~ in the City of Cypress.
Item No. 6: Acceptance of the Abatement of Seasonal and Recurring Weeds for Phase I of
the 1997/98 Program, and Adoption of Resolution Confirming the Assessments.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the specifications for the
work; 2) Adopt the Resolution, by title only, title as follows, confirming weed abatement
assessments and imposing special assessments as a lien on the parcels listed on Exhibit "A";
and 3) Approve the contract cost with Gardner Tractor Service, 10552 Chestnut Avenue,
Stanton, CA 90680, in the amount of $7,429.11.
RESOLUTION NO. 4870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT
OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES
AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF
CYPRESS.
Item NO. 7: Adoption of Resolution Establishing UNo Parking Anytime" Area, Adjacent to
the Driveway at 9525 Graham Street.
Recommendation: That ~he 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 ten (10) feet south and twenty (20) feet north
of the driveway at 9525 Graham Street.
RESOLUTION NO. 4871
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING "NO
PARKING ANYTIME" AREA ADJACENT TO THE DRIVEWAY AT 9525 GRAHAM STREET.
Item No. 8: Approval of Employment List ~ Engineering Aide and continuous Employment
List - Police Officer (Lateral and Academy Trained).
Recommendation: Receive and file.
CITY COUNCIL MINUTES November 10, 1997
!tem No. 9: Acceptance of the Construction of a Picnic Shelter at veterans Park, Public
Works Project NO. 9720.
Recommendation: That the City Council: 1) Accept the project for the Construction of a
Picnic Shelter at veterans Park, Public Works Project No. 9720, as being satisfactorily
completed in conformance with the project specifications; 2) Approve Contract Change
Order Nos. 1 through 4, in the amount of $8,125.72; 3) Approve the final retention
payment of $7,911.57 to SMC Construction Company, 3303 Harbor Blvd., Ste. E-8, Costa
Mesa, CA 92626, 35 days after the Notice of Completion is filed, if no claims or objections
have been filed, and upon the concurrence of the Director of Public Works; and 4)
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 the concurrence of the Director of Public Works.
Item No. 11: Approval of Design Review Committee No. 97-39, Request to Add Entrance
Canopy to Front of Bandai Building, 5551 Katella Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee NO. 97-39- With Conditions:
RESOLUTION NO. 4872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-39 - WITH CONDITIONS.
Item NO. 12: Request From the Friends of Cawthon Education Foundation for a Waiver
and Refund of Fees Associated with Temporary Use Permit No. 97-45.
Recommendation: That the City Council grant the request to waive the application fee
for Temporary Use Permit No. 97-45, and process a refund in the amount of $50.00,
payable to Mr. Charles R. Williamson.
Recreation & Park District Matters:
Item No. 13: Planning for the 1998 Multi-Agency JUly 4th Fireworks.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, direct staff to continue to work with
the Multi-Agency July 4th Fireworks Committee, for planning of the 1998 July 4TM
celebration with an amount to be planned in the FY 1998-99 budget process not to
exceed $8,000.
Regarding Item No. 10, Approval of Second Extension of Medix Ambulance Service
Contract, Mayor Carroll asked if there was any objection to the second extension. Hearing
none, he moved to approve a second 180 dav extension of the ambulance service
contract with Medix Ambulance Service, with the same terms and conditions as the
original contract and until such time as the Ambulance Service RFP is completed and not
to exceed July 1, 1998. The motion was seconded by Councilmember Keenan and
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
CITY COUNCIL MINUTES November 10, 1997
END OF CONSENT CALENDAR
ORDINANCES (Second ReadincJ):
It was by Councilmember Bowman and seconded by Councilmember Piercy to order the
following ordinance read by title only, title as follows and to adopt the Ordinance
regulating the collection, transfer, disposal and/or recycling of solid waste.
ORDINANCE NO.
AN ORDINANCE REGULATING THE COLLECTION, TRANSFER, DISPOSAL, AND/OR RECYCLING
OF SOLID WASTE BY AMENDING CHAPTER 12, "SOLID WASTE MANAGEMENT," AND
ADDING SECTION 14.5 TO APPENDIX I AND AMENDING SECTION 10.7.C OF APPENDIX I OF
THE CODE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercyand Carroll
None
None
PUBLIC HEARINGS: 7:30 P.M.
PUBLIC HEARING REGARDING APPROVAL OF TENTATIVE PARCEL MAP NO. 97-197, REQUEST TO
SUBDIVIDE ONE (1) PARCEL INTO TWO (2) PARCELS, LOCATED AT THE SOUTHWEST CORNER OF
KATELLA AVENUE AND WARLAND DRIVE. Mayor Carroll opened the public hearing. The City
Manager asked the Community Development Director to review the staff report. She
passed out a memo modifying Conditions 7 and 8 of the conditions of approval. The
application represented a request by the Warland Investments Company to subdivide a
6.33 acre parcel located at the southwest corner of Katella Avenue and Warland Drive into
~wo separate parcels. Parcel I has been approved for a 48,584 square foot office building
and Parcel 2 was approved for a 59,000 square foot R&D building, which is currently under
construction. The proposed tentative parcel map is consistent with the City's Subdivision
Ordinance, Zoning Ordinance and General Plan, as well as the applicable Warland/Cypress
Business Center Specific Plan and Development Agreement NO. 95-2. In accordance with
the requirements of the California Environmental Quality Act, a Notice of Exemption will
be filed for this project. 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.
She advised that the property owner has requested minor modifications to Condition No.
7 by replacing the wording, "...recordation of a final tract/parcel map..." with "...issuance
of a Building Permit .... "In Condition No. 8, delete the wording, "...recordation of any
subdivision map or the...whichever occurs first .... "
Mr. Cal Woolsey, Fuscoe Engineering, advised that the conditions, as amended, have been
reviewed with their client. They are in agreement and he was present to answer any
questions.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Piercy and seconded by Councilmember Jones to close
the public hearing and adopt the Resolution, as modified, by title only, title as follows
approving Tentative Parcel Map No. 97-197, with conditions.
CITY COUNCIL MINUTES November 10, 1997
RESOLUTION NO. 48?3
A RESOLUTION OF THE CITY COUNCIL OF THE CI~ OF CYPRESS, APPROVING TENTATIVE
PARCEL MAP NO. 97-197 -WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE ESTABLISHING OPERATIONAL
STANDARDS AND PROVIDING LONG-TERM STAY PROVISIONS FOR HOTELS/MOTELS. The public
hearing was opened by Mayor Tom Carroll. At the request of the City Manager, the
Community Development Director called upon Alice Angus, City Planner, who presented
the staff report. The proposed Ordinance is in response to the problems that were
exhibited in the Lincoln Avenue motels during the last comprehensive Building, Fire and
Health code inspections. Based on the inspections, staff identified the need to apply
additional standards to hotels and motels. Staff also identified the need to establish
design criteria and limitations for the potential use of hotels/motels for long-term stay
guests. As drafted, the proposed Ordinance establishes standard zoning code
performance requirements that would apply to all hotels and motels. In addition to
these standards, the proposed Ordinance establishes provisions by which, subject to a
conditional use permit, hotels and motels that meet certain design criteria can be
considered for long-term stay usage in up to 15% of the rooms. The proposed Ordinance
also establishes a two year time frame within which all existing hotels and motels that are
not in compliance with the proposed standards, would need to comply. This Ordinance is
viewed as a necessary tool to ensure that hotels/motels operate as the commercial uses
they were planned and constructed to be, and with sufficient management oversight to
ensure that they do not deteriorate and cause health, safety and welfare concerns for
both the guests and neighboring properties. Pursuant to the California Environmental
Quality Act (CEQA), staff has reviewed the proposed Ordinance and found that it is exempt
under Section 15061(b)(3). Notices of this public hearing were again published and mailed
to all existing hotels/motels owners and managers. As of the writing of this report, staff
received a letter from the Royal Inn opposed to the limit on long-term occupancy. The
ROyal Inn asked that if any ordinance is considered, the allowable percentage of long-
term occupancy rooms be at least 60 to 75%. Responding to Councilmember Jones on
the city's nonconforming hearing body, the Community Development Director replied
that information would be brought back to the Council on the parameters of the
committee, how it was set up, who is on the commi~ee and the term.
Councilmember Keenan asked the estimated number of long term stays currently and
Officer Olson estimated 58% of the rooms are long-term residents. The City Planner
explained the restrictions imposed by the various conditional use permits for
hotels/motels. He commented on the types of criminal aspects that he has encountered
on Lincoln Avenue and the Communi~:y Development Director elaborated on the
violations found during the inspections.
The City Attorney advised, in response to the Mayor, that it was his opinion there wasn't
any legal prohibition on regulating long-term stays and the ordinance can be
recommended to the Council with the understanding that if there are problems, it will
come back to Council.
CITY COUNCIL MINUTES November 10, 1997
The Finance Director reported that the transient occupancy tax collections for the motels
on Lincoln Avenue are about 40% of what could be collected.
At the request of the Mayor, the City Planner outlined the basic operational standards
which will be required by the proposed Ordinance.
No one spoke in support of the proposed Ordinance. Mayor Carroll asked if anyone
wished to speak against.
Mr. Robert GelIls, long-term resident of the Cloud 9, said that he has a large kitchen,
bedroom, bath and living room. He mentioned the two pay phones between the motels
and the problems. He asked if there would be a grandfather clause in the proposed
ordinance.
MS. Joan Warshaw, Cypress, spoke about the good people living in the Lincoln Avenue
motels because apartment rents are so high.
Mr. Pete Donnelly, Manager of Cypress Lodge Motel, said they provide a service that a lot
of people need. A lot of the problems that have occurred are from short term tenants.
He felt the proposed Ordinance would do more harm than good.
Responding to Councilmember Bowman, Mr. Donnelly advised that his only objection to
the ordinance was that only a certain percentage of the units could be long term.
MS. Laura Smith, representing the Courtyard Marriott on Katella and Valley View,
addressed the impact that this ordinance would have on a reputable organization. It is
unreasonable to ask for identification from their corporate clients that the ordinance is
requiring. She asked for Council's consideration on the definition of long term
occupancy. She felt that different criteria for short and long-term stays would be
reasonable.
Mr. Henry Wu, Cypress Suites, said that long-term stays were not a problem in his motel;
however, 15% seemed to be low and he suggested 25%. He questioned the reasoning of
the proximity of a restaurant to the motel.
Mr. Mike Bocter, Cloud 9 Motel, provided a history on the motel and the type of
accommodations. Adoption of the proposed Ordinance will put them over 15% long
term occupancy because they have 16 apartments which should be grandfathered.
Mr. Peter Goban, owner of the Country Club Inn, said he was dependent on local
customers and he does not get the tourist trade. He felt that dropping the long term
stay to 15% would probably force him out of business. He didn't believe they should be
forced to have a certain area of a room for a kitchenette.
Responding to Councilmember Jones, Officer Olson provided the number of police calls
and arrests at the motels on Lincoln Avenue compared to the major corporate hotels in
the City.
After additional discussion, Councilmember Bowman remarked that this was a
commercial area and he didn't believe that the motels were built for long-term stays.
Mr. Randy Hadley, Cypress Lodge Motel Operating Manager, said that this motel was built
for 60% long term occupancy. He believed each motel should be treated differently
CITY COUNCIL MINUTES November 10, 1997
based on what it was built for. He has offered his assistance to compile some standards
for the City and he asked for further review of the ordinance.
Councilmember Bowman commented that the issue is these motels are commercial
entities that are being treated like apartment houses but they dontt meet apartment
standards. They don't have the parking, garages and a lot of amenities that are required
by the Building and City codes for apartment living.
Councilmember Jones stated she wanted to improve the standards on Lincoln but she felt
that 15% was too low.
Councilmember Keenan suggested that the public comment be closed for further
consideration of the proposed 30 day stay per calendar quarter limitation.
Police Lt. Schaefer advised that it appeared that there is a correlation and there have
been many police contact with long-term residents.
After further discussion, the City Attorney advised that applying the ordinance hotel by
hotel is legally inappropriate and would be a mistake. A standard applies to all similarly
situated businesses and there are established mechanisms to vary from that standard
where it is legally appropriate.
Councilmember Bowman said that he didn't believe that requiring a restaurant within 300
feet of the motel was realistic. He didn't see that as an issue. He didn't have a problem
changing the 30 days per quarter with restrictions.
Mayor Carroll commented that there is an avenue for the owner to obtain a conditional
use permit. Lincoln Avenue has been a commercial area for a long time. He suggested
that the Ordinance be amended so identification requirements be no more onerous than
the industry standards; reconsider definition of a long term stays as 30 days in a calendar
quarter, exclude restaurant requirement and reduce long term stays to 30% in a year,
20% in two years and 15% in three years.
It was moved by Mayor Carroll and seconded by Councilmember Bowman to continue the
public hearing to December 8, 1997 and direct staff to bring back a first draft of the
ordinance consistent with Councii's direction. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercyand Carroll
None
None
PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 97-7, CONTRACTOR'S STORAGE
YARD, 8851 WATSON STREET: Mayor Carroll opened the public hearing and the City
Manager referred to the Community Development Director to present the staff report.
The application was originally accepted as a new conditional use permit and assigned the
number 97-7° However, staff determined that the project should be considered an
expansion of an existing conditional use permit (CUP NO. 80-3) and processed accordingly.
Because the project will now be processed as an amendment to the original conditional
use permit, staff is required to renorice both the NOtice of Intent and the Public Hearing
notice with the new project title of Amendment to Conditional Use Permit No. 80-3.
Therefore, staff is recommending that the City Council continue this item to the
December 8, 1997 City Council meeting. Notice of this public hearing was posted and
published. To date, staff has received two calls regarding this project which will be
CITY COUNCIL MINUTES November 10, 1997
included in the December 8, 1997 City Council staff report. Property owners within 300
feet of the subject property will be noticed for the December 8, 1997 meeting.
It was moved by Mayor Carroll.and seconded by Councilmember Bowman to continue this
item to the December 8, 1997 City Council meeting. 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
RECESS: Mayor Carroll recessed the meeting at 9:20 p.m. and reconvened at 9:35 p.m.
with all Councilmembers present.
Regarding the concerns raised by Mr. Crowder on uninsured motorists citations, Lt.
Schaefer explained that those citations were costing the City $10 each and that
enforcement was abandoned with the promise that some new legislation was coming. In
May 1997, it became apparent that the City was still required to absorb the costs of
writing these citations. Now, the City is writing citations for uninsured motorists.
Mayor Carroll stated there are policies which are the prerogative of the City Council and
they never issued such a policy.
Councilmember Bowman said that this was a policy decision and if there is a correction to
be made, Council should always make that decision and it has been corrected.
DEFERRED BUSINESS:
CONTINUATION FOR REVIEW OF OPTIONS FOR ROTATION OF MAYOR AND MAYOR PRO TEMPORE:
The City Manager asked the ASSiStant to the City Manager to review the staff report which
indicated that this item was placed on the agenda at the request of a City
Councilmember. This matter was last discussed by the City Council at its meeting of June
9, 1997 and continued to an unspecified date.
Councilmember Jones remarked that many hours were spent on this issue and she
thought the final resolution was there would be no change. She was surprised to see it
before the Council again.
Councilmember Piercy re. It that the issue was not resolved and she asked that this item be
agendized with formal matrices. She preferred the matrix where the Mayor would be
chosen by seniori~, it would work well and she would like to have a decision made.
Councilmember Bowman said the best option would be an elected Mayor, which the City
does not have. Therefore, the next best way of choosing the Mayor and Mayor Pro Tern
would be on the basis of seniority.
Councilmember Jones felt that the present method of selection has worked well and she
couldn't see changing anything.
Mayor Carroll commented that the language would allow voting for a new Mayor at any
time. The City A~torney concurred but if formal procedures were established, Council
might want to amend the Charter.
CITY COUNCIL MINUTES November 10, 1997
Councilmember Piercy said the possibility of making the choosing of the Mayor and
Mayor Pro Tern more fair has been discussed several times. It would not be a charter
amendment, just an attempt to be fair and adopt a rotating system so everyone will have
the opportunity to be Mayor.
It was moved by Councilmember Piercy and seconded by Councilmember Bowman that
the City Council adopt the rotation by seniority in choosing the Mayor and Mayor Pro
Tern. Mayor Carroll said he would vote against the motion and referred to Section 404 (c)
of the Charter. The motion failed with the following roll call vote:
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS: Bowman and Piercy
3 COUNCILMEMBERS: Jones, Keenan and Carroll
0 COUNCILMEMBERS: None
NEW BUSINESS:
DENIAL OF DESIGN REVIEW COMMITTEE NO. 987-34, REQUEST TO APPROVE SIGNAGE FOR THE
HOME DEPOT BUILDING, LOCATED AT 5800 LINCOLN AVENUE: The City Manager asked the
Community Development Director to summarize the staff report which represented a
request to approve project signage for the Home Depot building located at 5800 Lincoln
Avenue in the CHLC Commercial Heavy Lincoln Avenue Combining Zone. The applicant for
this project, Mr. JOe Cavasos with Sign Methods, proposed the installation of two wall
signs with a total sign area of 528 square feet and one freestanding sign at a height of 25
feet and an area of 196 square feet. The Design Review Committee reviewed the
proposed signage and determined that the main building entrance sign and the
freestanding sign both exceeded the square footage permitted by the City's sign
ordinance. After notifying the applicant that the signage exceeded the City's criteria, the
applicant informed staff they wanted to proceed with the request as submitted.
The City Councilmembers discussed the various signage used by the Home Depot in
neighboring cities, location of the pylon sign and agreed that there was room for
compromise.
Mr. Dane Cardone, Sign Methods, said that the signage presented was based on the
standard Home Depot sign package. In some cities they are regulated less signage but
this package is what Home Depot wants. He commented on the photos of signage at
other Home Depots and answered questions from the Council.
After further questions and answers, Mayor Carroll asked if a site specific decision could
be made without jeopardizing other signage in the City and the City Attorney responded
in the affirmative.
councilmember Bowman said he didn't have a problem with this signage and felt it
depended upon scale, location on the site and the size of the site.
Councilmember Jones remarked that she supported the monument signs and she didn't
feel it was unreasonable to require a street sign, appropriate letters and setback.
Mayor Carroll asked the applicant if the Council denied the request without prejudice,
would he return to staff and work out acceptable signage. Mr. Cardone responded that if
the pylon sign were the only issue, he would consider working on that with staff if they
could get approval on the wall signs. He asked for some parameters from the Council on
the pylon sign.
CITY COUNCIL MINUTES November 10, 1997
Councilmember Keenan commented that he agreed with the wall signage and he asked
for consideration of a high monument sign.
After some discussion, Councilmember Bowman recommended that there be two
separate motions.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
approve the signage on the Home Depot building.
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
It was moved by Councilmember Bowman that the pylon sign be approved because it is
within scale with the size of the lot and the facility.
Councilmember Jones said the City is trying to move toward monument signs and there is
an opportunity to work with Home Depot and she would vote no. Mayor Carroll
concurred.
Councilmember Bowman's motion died for lack of a second.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to deny
without prejudice the street sign and request the applicant consult with staff on the
design and adopt the Resolution by title only, title as follows.
RESOLUTION NO. 4874
A RESOLUTION OF THE CITY COUNCIL APPROVING IN PART AND DENYING WITHOUT
PREJUDICE IN PART, DESIGN REVIEW COMMITTEE NO. 97-34 - 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
The Community Development Director clarified that the Council would be waiving the
fees.
STATUS REPORT ON ANIMAL CONTROL SERVICES ALTERNATIVES: At the request of the City
Manager, the Public Works Director introduced the Contract and Environmental Affairs
Manager who presented the staff report. The City Council renewed the contract with the
County of Orange on August 11, 1997 for delivery of animal control services for fiscal year
1997-98 in an amount not to exceed $54,363. Staff was also directed to explore other
alternatives available for animal control services and to report at a future City Council
meeting with a recommendation. The report provided an overview of existing programs
and possible alternatives for services. He mentioned the option of forming an authority
with neighboring agencies such as Los Alamitos, La Palma and Seal Beach who might have
an interest in forming such a program.
CITY COUNCIL MINUTES November 10, 1997
Councilmember Keenan expressed his support for a JPA on Animal control and exploring
the services with Long Beach.
It was moved by Councilmember Jones and seconded Keenan to:
1. Retain the current contract with the County of Orange for fiscal year 1997-98.
~.. Direct staff to explore the Long Beach or La Habra alternatives while preparing the
1998-99 fiscal year budget.
Councilmember Keenan suggested opening discussions on the possibility of a joint
powers authority.
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
SCHEDULING ORAL INTERVIEWS FOR ALTERNATES TO THE SENIOR CITIZENS COMMISSION AND
CABLE TELEVISION AND TECHNOLOGY COMMISSION VACANCIES: The City Manager presented
the staff report which advised that there are currently four alternates to the Senior
Citizens Commission vacancies due to the elevation of the Alternates to serve on the
Senior Commission. In addition, the City Council directed staff to continue advertising
for the Cable Television and Technology Commission vacancy which will exist in
December, due to the two-term limitation of Commission Bob Parish.
Councilmember Keenan suggested interviewing the applicant for the Cable Commission
on November 17 since there is only one applicant.
Councilmember Bowman suggested that all applicants for the CATV Commission, the
alternatives to the Senior Citizens Commission and the Finance Review Commi~ee be
interviewed on November 17.
Councilmember Keenan also suggested that anyone who couldn't make that date be
interviewed on November 24.
Mayor Carroll announced that all applicants will be scheduled for interviews on November
17, if possible.
APPROVAL TO PURCHASE HOLIDAY BANNERS: The Ci~ Manager asked the Assistant to the
city Manager, Karen Wylie, to present the staff report which indicated that staff had
evaluated the purchase of holiday banners for display throughout the City. The
estimated cost of such banners would be between $4,000 and $5,000 and they would be
displayed at approximately 50 locations throughout the City between the Thanksgiving
and New Year's holidays. Pictures of the color banners were at-~ached to the report.
Councilmember Keenan had asked that this item be placed on the Agenda because he felt
that the City has been lacking in holiday decorations. He felt that a subcornmit%ee could
be dispensed with and a decision made tonight.
Councilmember Jones said that she could support this purchase and the City is doing a
good job in offering the Holiday Community Sing and it will give the community more of
a festive atmosphere.
CITY COUNCIL MINUTES November 10, 1997
Responding to Councilmember Keenan on the life of the banners, the Assistant to the City
Manager answered that this was not a single year purchase.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
approve the purchase of holiday banners to be displayed throughout the City and
authorize an additional appropriation of $5,000 to Account 4104-11-117-02 from the
unreserved fund balance of the general fund. 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 Jones asked that a selection of the banner design be made this evening.
Councilmember Bowman recommended that somewhere on the banner recognition be
given to the City of Cypress.
The Assistant to the City Manager said that the original motion was up to $5,000 and she
didn't believe that was adequate to cover the additional wording.
Councilmember Piercy remarked that a red banner would show up more than a green.
After additional discussion, it was moved by Councilmember Jones and seconded by
Councilmember Bowman to allocate an additional $1,000 to imprint Cypress' name on the
red banner. Councilmembers Keenan and Piercy volunteered to be on the subcommittee.
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
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 29016 - 2925?: I1: was
moved by Councilmember Bowman and seconded by Councilmember Keenan to approve
the Commercial Warrant LiSt for Warrants NO. 29016 through 29252 in the amount of
$1,125,264.28. Councilmember Piercy asked if the tree trimmers were evaluated and the
Public Works Director replied in the affirmative. Councilmember Keenan mentioned the
poor tree trimming job on Holder Street.
The motion unanimously'carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercv and Carroll
None
None
MAYOR CARROLL LEFT THE DAIS AT 10:40 P.M.
APPROVAL OF REQUEST FROM THE CULTURAL ARTS COMMISSION THAT REQUESTS FOR FUNDING
FROM ARTS GROUPS BE DIRECTED TO THE COMMISSION: The Recreation & Parks District
Director presented the staff report which indicated that the Cultural Arts Commission
unanimously voted to recommend to the City Council that Cypress art-related groups be
allowed to seek funds directly from the Commission via the budget process. This process
would allow the Cultural Arts Commission to better understand the needs of the arts
CITY COUNCIL MINUTES November 10, 1997
community and would give the Commission the opportunity to offer support and,
possibly, alternative funding sources.
Councilmember Bowman stated he encouraged the Commission's review of a request
prior to being presented to the Council, but all expenditures would still be subject to
approval by the Council.
Councilmember Keenan agreed since the Cultural Arts Commission does not have a
budget. He added that if a request is denied by the Commission, there is still the option
of making the request of the City Council.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan with
the above-mentioned caveats, that the City Council, acting as the ex-officio governing
Board of Directors for the Cypress Recreation and Park District, create a policy that would
encourage all art associated groups to direct their funding requests to the Cypress
Cultural Arts Commission. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Jones, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Carroll
RECESS: Mayor Pro Tern Jones recessed the meeting at 10:45 and Mayor Carroll
reconvened the meeting at 10:50 p.m., with all Councilmembers present.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. NO items were presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Fire Captain John LaL-ta, 15941 Red Hill, Tustin, and Vice President of the Orange County
Professional Firefighters Association, representing 721 professional firefighters. He
reported that morale was low and they have gone 508 days without a contract. It was
not a salary dispute but the Orange County firefighters are 30% behind their peers. He
asked the City to send their representatives back to the bargaining table with the intent
of reaching a fair and equitable agreement.
Mr. Joe Kerr, President of the Orange County Professional Firefighters Association, 21066
Sharmila, Lake Forest, said that it is the City of Cypress' fault that they have been without
a contract for 508 days. The Fire Authority is not broke and he asked why CvPress'
firefighters are the lowest paid in Orange County and why are they still working without a
contract. He addressed the differences between the professional firefighters and the
volunteers. The City of Cypress politics seems not to place value on human asse~s, and
hazards of being a professional firefighter. None of the Council has passionately
represented the firefighters needs or expressed thanks for a job well done. He asked that
the City's representative be directed to return to the Fire Authority, negotiate a fair labor
contract.
Firefighter/Paramedic Steven Cook has worked with the Orange County Fire Authority for
15 years and he said that 1977 was the last time Cypress had done anything to upgrade
the level of fire service protection to the citizens of Cypress. He commented on how
inept the volunteers have proven themselves to be. IV1orale is down and firefighters are
looking for employment elsewhere.
CITY COUNCIL MINUTES November 10, 1997
Mr. Danny Espinoza, firefighter at Station 17, spoke for public safety and presented a
document to the Council. An injustice is occurring in the north side of Cypress and he
referred to the Station 12 volunteers and their lack of training.
Mr. Mark Ryan, 5452 Myra Avenue, Cypress, also spoke on the issue of volunteers
firefighters. He commented that Station 17 spends a lot of time in Buena Park. Truck
companies are important and need to stay in Cypress.
Mr. Bob Becker, OCFA Station 17, Cypress, expressed how discouraged he was because the
Council does not care about them. All they wanted was fair compensation for their work
because it is something they take pride in their work. They have proven there are ample
funds to give the firefighters a raise.
At 11:30 p.m. 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: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercyand Carroll
None
None
Shirley and Paul Provence reported on Mr. Provence's heart at:tack and the assistance
received from the Fire Department. Mr. Provence said that the firefighters are not paid
enough.
WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda.
ADJOURNMENT: It was moved by Councilmember Bowman and seconded by Mayor Carroll
to adjourn the meeting. Mayor Carroll adjourned the meeting at 11:35 p.m. to Monday,
November 17, 1997 at 6:00 p.m. in the Administrative Conference Room.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF' CYPRESS