Minutes 96-04-08MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 8, 1996
The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m.,
Mondav, April 8, 1996 in the Administrative Conference ROOm, West Wing, City Hall, 5275
Orange Avenue, Cypress, Mayor Walter K. Bowman presiding.
PRESENT:
ABSENT:
Councilmembers Age, Carroll, Kerry and Bowman
Councilmember Jones
WORKSHOP SESSION:
The City Council conducted interviews with the potential City Auditors from three
auditing firms. Council authorized the Finance Director to proceed with further
negotiations with those firms and staff will return to Council with a report at the next
regular Council meeting.
RECESS: Mayor Bowman recessed the meeting at 5:20 p.m. to enable the
Councilmembers to continue the meeting in the Council Chamber. The meeting
reconvened at 5:30 p.m. with all Councilmembers presentm with the exception of
Councilmember Jones. Also present were City Manager Darrell Essex, City Attorney John
Cavanaugh and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. NO one spoke.
AWARD OF CONTRACTS:
CONSIDERATION OF AWARD OF CONTRACT FOR SHEET METAL REPAIR WORK AT THE
MAINTENANCE YARD, REQUEST FOR QUOTATION NO. 9596-16, PUBLIC WORKS PROJECT NO.
9539: The Public Works Director presented the staff report dated March 28, 1996, which
sought to award a contract for sheet metal repair work at the Maintenance Yard. The
work would include replacing the existing carport roof gutter, installation of new end
canopy and reveals, and replacement of existing skylight panels at the garage.
It was moved by Councilmember Carroll and seconded by Councilmember Kerry to:
Determine the lowest responsible bidder for sheet metal repair work at the
Maintenance Yard to be GSM Sheet Metal Inc. and
Award a contract for sheet metal repair work at the Maintenance Yard to GSM
Sheet Metal Inc., 10591 Humbolt Street, Los Alamitos, California 90720 in the
amount of $18,261.00
The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CONSIDERATION OF EXTENSION OF CONTRACTS FOR PROFESSIONAL BUILDING PLAN CHECK
SERVICES: The City Manager requested that the Community Development Director
summarize the staff report dated April 1, 1996, which described the utilization of the
services of two professional engineering firms, working with the Building Official, to
provide complete building plan checking. CurrentIV, there are plan check contracts with
the firms of Melad and Associates and willdan Associates with both contracts due to
expire April 9, 1996.
It was moved by Councilmember Kerry and seconded by Councilmember Carroll to:
Approve the extension of plan check contracts for Melad and Associates and
Willdan Associates to June 30, 1996, and
o
Approve the allocation of $46,500 from the General Fund to Account Number
4183-11-247-09 to fulfill the contracts to June 30, 1996.
The motion unanimously carried by the following roll call vote:
CITY COUNCIL MINUTES
April 8, 1996
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar'I 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 Carroll asked that Items No. 14, 16, 17 and 18, Design Review
Committee's Approval of DRC ~96-7, General Plan Annual Report, Legislation and Other
Issues for City Council Support or Opposition and Arnold/Cypress Park Facility Use Rental
Fee Increase, respectively, be removed. Mayor Bowman requested Item 12, Requesting
the OCTA and the Board of Supervisors to Include the Ball ROad Traffic Signal
Interconnect Project Within the Orange County Combined Transportation Funding
Program, Public Works Project No. 9320 be pulled.
It was moved by Councilmember Kerry and seconded by Councilmember Carroll to
approve the Consent Calendar Items NO. 3 through 18, with the exception of Items No.
12, 14, 16, 17 and 18. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
Item No. 3: Motion tO Approve City Council Minutes of March 25, 1996.
Recommendation: That the City Council Approve the Minutes of the Regular Meeting of
March 25, 1996, as submitted.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Renu Khurana & Marvin Dennis Moon, D.B.A. Cypress Smog Gas & Food Mart, 4988 Ball
Road, Cypress.
Recommendation: Receive and file.
Item NO. 6: Consideration of Proclaiming April 21-27, 1996, as "Crime Victims' Rights
Week."
Recommendation: That the Mayor and City Council officially proclaim April 21-27, 1996,
as "Crime Victims' Rights Week" in the City of Cypress.
Item NO. 7: Consideration of Renewal of NOn-ExClUSive Taxicab Franchise - Yellow Cab
Company.
Recommendation: That the City Council authorize a one-year renewal of the non-
exclusive Taxicab Franchise issued to the Yellow Cab Company, to expire on March 23,
1997.
Item No. 8: Consideration of Claims Filed by Charles G. Burk and a Subrogation Claim
From the State Farm Insurance Companies.
Recommendation: Receive and file.
Item No. 9: Consideration of Claim Filed by Jacqueline K. Miley.
Recommendation: Receive and file.
Item NO. 10: Consideration of Acceptance of the Installation of a Right Turn Lane for
Southbound Valley View Street and Katella Avenue, Public Works Project No. 8964.
Recommendation: That the City Council:
2
CITY COUNCIL MINUTES
April 8, 1996
Authorize an appropriation, in the amount of $9,650.00, from the Traffic
Mitigation Fee Fund to ACCOUnt NO. 4186-22-426-21;
o
Accept the Installation of a Right Turn Lane for Southbound Valley View Street at
Katella Avenue, Public Works Project 8964, as being satisfactorily completed in
substantial conformance with the Plans and Specifications;
o
Approve the final retention payment to Camino Irvine Co., 2117 Via Gavilan, San
Clemente, California 92673, 30 days after the NOtice of Completion is filed; and
°
Authorize the City Clerk to release the Labor and Materials BOnd upon expiration
of the lien period, if no claims or objections have been filed, and to release the
Faithful Performance Bond upon the expiration of one year's guarantee with the
concurrence of the Director of Public Works.
Item No. 11: Consideration of Approval of Plans and Design Specifications and
Authorization to Advertise the Project for Bid for the Pavement Rehabilitation of Valley
View Street, EaSt Side, From the Stanton Channel to Katella Avenue and, West Side, from
Cerritos Avenue to the Railroad, Public Works Project NO. 9306.
Recommendation: That the City Council approve the Plans and Design Specifications,
and authorize staff to advertise the project for bid for the Rehabilitation of Valley view
Street, east side, from the Stanton Channel to Katella Avenue and, west side, from
Cerritos Avenue to the Railroad, Public Works Project NO. 9306.
Item NO. 13: Consideration of Approval of Plans and Specifications and Authorization to
Advertise the Project for Bid for the Improvement of the South Side of Crescent Avenue
Between Walker Street and Watson Street, and watson Street From Crescent Avenue to
250' south of Crescent Avenue, Public Works Project NO. 9341.
Recommendation: That the City Council approve the Plans and Specifications, and
authorize staff to advertise the project for bid for the Improvements of the South Side
of Crescent Avenue, Public Works Project No. 9341.
Item No. 15: Consideration of Proclaiming April 8-13, 1996, as "Building Safety Week."
Recommendation: That the Mayor and City Council officially proclaim April 8-13, 1996, as
"Building Safety Week" in the City of Cypress.
Regarding Item NO. 12, Consideration of Resolution Requesting the Orange County
Transportation Authority and the Board of Supervisors to Include the Ball Road Traffic
Signal Interconnect Project Within the Orange County Combined Transportation Funding
Program, Public Works Project NO. 9320, Mayor Bowman alluded to the intersection at
KnOtt Avenue and Ball Road with its permitted left turn signal. He mentioned the
possibility of a permitted left turn signal at the intersection at Ball Road and Valley View
Street. The Public Works Director would review that intersection. It was moved by
Mayor Bowman and seconded by Councilmember Kerry that the City Council:
Authorize staff to submit to the Orange County Transportation Authority the
funding application for the Ball Road Traffic Signal Interconnect Project;
°
Adopt the Resolution by title only, title as follows, requesting the Orange County
Transportation Authority and the Board of Supervisors to include within the
Orange County Combined Transportation Funding Program the Ball Road Traffic
Signal Interconnect Project; and
RESOLUTION NO. 4616
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
SUBMITTAL OF BALL ROAD TRAFFIC SIGNAL INTERCONNECT IMPROVEMENT PROJECT TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
COMBINED TRANSPORTATION FUNDING PROGRAM, PUBLIC WORKS PROJECT NO. 9320.
o
Authorize staff to proceed with all required preparation to implement these
projects for fiscal year 1996-97.
The motion unanimously carried by the following roll call vote:
3
CITY COUNCIL MINUTES April 8, 1996
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
With regard to Item No. 14, Consideration of Design Review Committee's Approval of
DRC//96-7, Councilmember Carroll asked why the landscaping and the block wall that
were proposed in an earlier design review are being changed. The Community
Development Director explained that the LOS Alamitos Airfield, for safety and security
reasons, did not want the landscaping along the west perimeter. They also asked for
the removal of the block wall along the flood control channel and will use the existing
chain link fence. It was moved by Councilmember Carroll and seconded by
Councilmember Kerry to adopt the Resolution by title only, title as follows, approving
DRC//96-7.
RESOLUTION NO. 4617
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PROJECT NO. 96-7 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
In regard to Item No. 16, Consideration of General Plan Annual Report, Councilmember
Carroll questioned the reliability of some of the information used to meet the goals and
policies, which was explained by the Community Development staff. After some
additional questions from Councilmembers, it was moved by Councilmember Carroll and
seconded by Councilmember Kerry to receive and file the General Plan Annual Report
and authorize its submittal to the State for review. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
Regarding Item NO. 17, Consideration of Legislation and Other Issues for City Council
Support or Opposition, Councilmember Carroll asked staff for comment on the
advisability of the Hawkins Bill. The Community Development Director responded that
the passage of that bill would help the City meet their numbers for redevelopment
purposes. Mayor Bowman expressed concern about buying an existing business,
redeveloping the property, then having a different owner with the same kind of
business. The City Attorney advised that was not the intent and they want
redevelopment for redevelopment purposes and not for commercial advantages. It was
moved by Councilmember Carroll and seconded by Councilmember Age to:
Authorize support of the League of California Cities' position on SB 2113 (Haynes),
relating to limitations in excluding contractors;
o
Authorize support of the League of California Cities' position on AB 2725
(Hawkins), relating to identification of adequate affordable housing sites within
Housing Elements;
o
Authorize support of the League of California Cities' and the California
Redevelopment Association's position on AB 2569 (Margert), relating to the
prohibition of the use of eminent domain for commercial redevelopment; and
Authorize support of the League of California Cities' position on SB 1538
(Johnson), relating to the required compensation to commercial businesses when
restricting hours of operations.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CITY COUNCIL MINUTES
April 8, 1996
With reference to the Recreation & Park District Matter of Item 18, Consideration of
Arnold/Cypress Park FaCility Use Rental Fee Increase, Councilmember Carroll asked what
the cost increase was versus the fee increase on deposits, key and beer permits. The
Recreation & Park Director explained that the usage has changed, they are experiencing
more problems and they felt an increase would aid responsibility. It was moved by
Councilmember Kerry and seconded by Councilmember Carroll that the City Council,
acting as the ex-officlo governing Board of Directors for the Cypress Recreation and Park
District, approve the Arnold/Cypress Park facility use rental fee increases, as
recommended by the Recreation and Community Services Commission. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
ORDINANCES (Second Reading):
Mr. Joe Sheaft, 5405 Vista Sierra, Cypress, commended the Council on adopting the
ordinance on adult businesses. He encouraged the Council to look at the minimum
amount of acreage that could be used for this purpose. Councilmember Carroll said he
viewed the ordinance as very restrictive. Councilmember Age would opt to have the
ordinance remain as is rather than more restrictive, which could create trouble. The
City Manager said he would inform the Register that the map published in the April 4
issue was wrong. Councilmember Kerry advised that she would vote no because she
would have liked to have seen how much of an impact the reduced acreage would have
had.
It was moved by Councilmember Age and seconded by Councilmember Carroll to order
the following ordinance read by title only, title as follows and to adopt the ordinance
providing standards for the regulation of adult businesses.
ORDINANCE NO. 951
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE
CYPRESS MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT
BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES;
PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES;
AND REPEALING SECTIONS INCONSISTENT THEREWITH.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Age, Carroll and Bowman
1 COUNCILMEMBERS: Kerry
I COUNCILMEMBERS: Jones
CLOSED SESSION: Mayor Bowman recessed the meeting at 6:10 p.m. to allow the Council
to enter into a Closed Session to discuss those agendized items of: Conference with
Labor Negotiator (Government Code Section 54957.6) on the Public Safety Employees,
Public Works Maintenance Supervisors and Cypress Maintenance Employees Associations;
Conference with Real Property Negotiator (Government Code Section 54956.8) and
Conference with Legal Counsel on Existing Litigation (Government Code 54956.9(a) Case
NO. 751159, Jon E. HOckey. The meeting reconvened at 7:30 p.m. with all
Councilmembers present, with the exception of Councilmember Jones. Also present
were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo,
Kelly, Schaefer and Storey.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCI:: The Pledge was led by Mayor Pro Tem Kerry
The City Manager briefly commented on interviews conducted during the workshop
session and he then summarized the actions taken by the Council during the 5:30 p.m.
portion of the City Council agenda.
The City Attorney reviewed discussions held on the agendized items of labor
negotiations with the Public Safety Employees and Cypress Maintenance Employees
Associations and the matter of pending litigation involving the Jon E. Hockey case. The
matter of real property negotiations was not discussed.
CITY COUNCIL MINUTES April 8, 1996
ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:30 P.M. Agenda. NO one
wished to speak.
Mayor Bowman clarified an item on the 5:30 p.m. agenda on the adult business
ordinance, which amended an ordinance enacted several years ago. Councilmember
Kerry mentioned that the map published in the last Cypress News was incorrect.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT
- ALICIA PAWN SHOP, 5529 LINCOLN AVENUE, CYPRESS: Mayor Bowman opened the public
hearing. The City Manager advised that this item had been continued to allow the
Police Department to acquire the necessary reports from the State Department of
Justice to complete their investigation. Attached to the staff report dated April 2, 1996
was a copy of the application filed by AliCia A. Wagner and a copy of the Police
Department's report. The Affidavits Of Publication and Posting of the Public Hearing
Notice on this matter are on file in the Office of the City Clerk and, as of this date, no
written communications have been received either in favor of or in opposition to this
Special Permit application. In accordance with Section 15-62 of the Cypress City Code,
the City Council, having received the report from the Chief of Police and conducting a
Public Hearing, is to determine whether or not the operation of the business will
comport with the peace, health, safety, convenience, good morals and general welfare
of the public, or that the applicant or other persons responsible for the management or
supervision of the business is unfit to be trusted with the privileges granted by such
special permit or has a bad moral character, intemperate habits or a bad reputation for
truth, honesty or integrity. He clarified, for the record, that the address listed in the
original report is incorrect. The correct address is 6056 Lincoln Avenue rather than 5529
Lincoln Avenue.
The applicant, Alicia Wagner, informed the Council that the address had changed again
and it is now 5177 Lincoln Avenue.
Mayor Bowman asked if this public hearing needed to renoriced. The City Attorney
replied in the affirmative.
Responding to the City Manager, MS. Wagner indicated that she was notified of the
address change yesterday.
Mayor Bowman advised that the application would have to be renoriced and cautioned
the applicant that if there was any other address change, to notify staff immediately.
It was moved by Councilmember Kerry and seconded by Councilmember Age to close
the public hearing, deny the application without prejudice and authorize the waiver of
fees for the next application. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ESTABLISHING REGULATIONS FOR
NONCOMMERCIAL SIGNS, INCLUDING POLITICAL SIGNS: The Public Hearing was opened by
Mayor Bowman. The City Attorney referred to the staff report dated April 2, 1996 and
the accompanying ordinance, which would adequately address the placement of
noncommercial signs on private and public property as directed by Council at their
December 11, 1995 meeting. Subsequently, the City Council expressed concern with the
proliferation of political signs during the November 1994 and 1995 elections. They also
expressed concern about the City's ability to enforce the illegal placement of political
signs on the public right-of-way and on private property. The City Attorney had some
questions on cost recovery procedures and he evaluated other Orange County cities and
current case law regarding those procedures. He felt that the current language in the
proposed ordinance limited the City to recover costs in removing the signs and he
would not recommend language any more restrictive than that currently being
proposed.
Responding to Councilmember Age's inquiry on political signs for candidates in a county,
district or state election, the City Attorney advised that the ordinance, no matter which
level of election, is applicable within the City of Cypress.
6
CITY COUNCIL MINUTES April 8, 1996
Mayor Bowman clarified that after the ordinance is in place, between now and election
time, a resolution would be enacted with fees based on staff's estimate of removal cost.
Mayor Bowman asked if anyone wished to speak in support of the proposed ordinance.
Mr. Reynold Elkin, 4034 Orange Avenue, Cypress, stated that the ordinance was long
overdue; however, he asked for clarification on private business property and if it was
the private property owner's right to destroy the signs.
The Mayor asked if anyone wished to speak in opposition to the ordinance.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, asked the motivation for the ordinance, why
change a procedure that has been in effect for years and are there any other signs
besides political signs covered by the ordinance. Mayor Bowman advised that the
ordinance is directed at signs in the public right-of-way.
Ms. Paula English, 5975 Suva Street, Cypress, expressed some concerns with the proposed
ordinance. The November 1995 election was probably different than most future
elections and businesses will still be allowed to put up political signs for Council
candidates. She didn't believe the City wanted major developers and businesses to be
able to endorse the candidate of their choice when they have the ideal locations to put
up signs without restriction and other candidates would be limited in posting their
signs.
At the request of Mayor Bowman, regarding Mr. Elkin's question, the City Attorney
addressed the removal of signs from private property by the owner of property and
also by a third party. A private property owner who has any sign placed on their
property without permission, has the right to remove that sign and do anything they
want with it because it is trespass. Does a third party have the right to remove signs on
behalf of the private property owner? If the private properS/owner delegates the
authority to a third party to remove any signs on the property, then the third party can
do that. If the third party doesn't have the authority, they cannot go on the private
property and remove signs.
Councilmember Carroll commented that the resolution is hard to prosecute now and it
should be left as it is.
Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, asked why just political signs were
being targeted. There are many signs, such as garage sale, real estate and lost pet signs
posted on public properly. Mayor Bowman mentioned that the City does have a sign
ordinance now; however, the City Attorney, in reading that ordinance, didn't feel it was
enforceable so the ordinance is being changed.
In response to Councilmember Kerry's request, the City Attorney explained the
definition of commercial and noncommercial signs.
Mr. Tim Keenan, 4157 Devon Circle, Cypress, addressed his comments to the three
Councilmembers who were supporting the proposed ordinance. He mentioned some of
the vindictive decisions made by this Council and previous Councils, namely, bus
benches and shelters. He showed some pictures taken of various signs posted
throughout the City.
MrS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, spoke about the posting and removal
of political signs during the November 1995 election. She played taped excerpts from
four previous City Council meetings where Councilmembers discussed the proposed sign
ordinance. After some discussion, Councilmember Kerry expressed concern that Council
meetings that have been cablecast repeatedly didn't need to be heard again. MrS.
Simcox said she had a first amendment right to speak, she had spent a lot of time on
her presentation and she continued.
Mr. Don Wesling, 11431 Anegada Street, Cypress, stated that none of this would have
occurred had the Council allowed a continuance of the Shaw public hearing. He
remarked that someone took down the sign that he had posted on the back wall of this
property but he will put up another sign. The ordinance is being considered only to
penalize future candidates from becoming known.
7
CITY COUNCIL MINUTES April 8, 1996
MrS. Mary Crowder, 6881 Reefton Avenue, Cypress, complained about the pettiness of
the issue and stated that there are many more important issues that need to be
resolved.
Mr. Tony Smith, 6033 Trinidad Street, Cypress, expressed his outrage at the hypocrisy of
some of the City Councilmembers to attempt to impose a more restrictive sign
ordinance. It was the wrong thing to do.
No one else wished to speak about the proposed ordinance and Mayor Bowman closed
the public comment period.
Councilmember Age advised that when running for public office other than City Council,
there is no sign ordinance agreement provided. There are no incumbents running in
the next election and she commended Paula English for putting the recall election
behind her.
Councilmember Carroll asked for the cost of the recall election and the cost to the City
to remove signs. He said he would vote against the ordinance because it is misguided
and mean spirited in its intent and does not remotely address the real problems of
political signs in Cypress. The real problem was the unauthorized sign vigilantes stealing
other peoples' signs.
Councilmember Kerry commented that the illegal political sign posting was far more
severe during the recent recall election. The reason for the ordinance is that sign
posting has been abused in the past and the potential liability is great.
Mayor Bowman advised that the new ordinance will encompass all political signs
including City, county, district, state and federal electioneering and will clarify the
present ordinance which, according to the City Attorney, is ambiguous.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing and approve the first reading of the ordinance by title only, title as
follows, establishing regulations for noncommercial signs, including political signs.
According to the requirements of the California Environmental Qualib/ACt, this project
is considered to be categorically exempt pursuant to Section 15061(b)(3) of the 1995
CEQA Guidelines.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
THE CODE OF THE CITY OF CYPRESS REGARDING THE REGULATION OF NONCOMMERCIAL
SIGNS, INCLUDING POLITICAL SIGNS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Kerry and Bowman
NOES: I COUNCILMEMBERS: Carroll
ABSENT: I COUNCILMEMBERS: Jones
RECESS: Mayor Bowman recessed the meeting at 9:25 p.m. and reconvened at 9:50 p.m.
with all Councilmembers present except Councilmember Jones.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-2, COFFEE AND TEA
RESTAURANT WITH OUTDOOR SEATING AREA, 10569 VALLEY VIEW STREET: The Mayor opened
the public hearing. The City Manager asked the Community Development Director to
summarize the staff report dated March 25, 1996. The application represented a request
to operate a gourmet coffee and tea restaurant located in the Pavilion Center at the
southwest corner of Valley View Street and Cerritos Avenue. Included in the application
is a request for an 800 square foot outdoor patio and seating area containing eight
tables with patio umbrellas. The applicant will be applying for a live entertainment
permit which will be considered by the City Council at a later date. The proposed use
meets development standards as set forth in the Cypress Zoning Code. In accordance
with the requirements of the California Environmental Quality ACt, this project is
categorically exempt. The proposed hours of operation are scheduled from 5 a.m. to 2
a.m., seven days a week. Notices of the public hearing were posted, published and
mailed to all property owners within 300 feet of the subject properly. To date, staff has
not received any comments regarding this request. The applicants, Rensey Durham and
George Otsuka, 10569 Valley View Street, Cypress, clarified that any entertainment would
CITY COUNCIL MINUTES April 8, 1996
be held inside the restaurant, they have applied for a permit and it would promote the
evening trade. They will be serving three meals a day and the patio is a convenience
being added to an existing area.
NO one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Age and seconded by Councilmember Carroll to close
the public hearing and adopt the resolution by title only, title as follows, approving
Conditional Use Permit NO. 96-2, subject to conditions. Councilmember Kerry expressed
a concern about the outdoor patio and she suggested limiting those hours of operation
to certain days during the week.
RESOLUTION NO. 4618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 96-2 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-3, CONSTRUCT SIX
(6) APARTMENT UNITS LOCATED AT 8735 AND 8737 BELMONT STREET: The public hearing
was opened by Mayor Bowman. The Community Development Director mentioned a
phone call and a letter received on this project. She referenced the letter from Gilbert
Nacion, 4842 Merten Avenue, Cypress, which is on file in the City Clerk's office, who
voiced his objection to the construction of the six apartment units. A phone call was
received from Joe Sheets of Merten Street, inquiring about the number of units, parking
and the impact upon the drainage in the area. Generally he was not opposed to the use
as long as no one parks in front of his house. The Community Development Director
then presented the staff report dated March 12, 1996, which represented a request to
construct six apartments at the northwest corner of Merten Avenue and Belmont Street.
In 1995, the City reviewed and denied two separate development proposals for this site.
The applicant has reapplied under Conditional Use Permit No. 96-3 for the development
of a six unit apartment project. Council had determined at their March 11, 1996
meeting, that substantial design changes were made from the 1995 proposal. In
accordance with the California Environmental Quality Act, a Negative Declaration will be
filed for this project. Notices of the public hearing were mailed to all property owners
within 300 feet of the subject parcel, following which, staff received two other verbal
comments.
Mr. Steve Cro~eau, representing Q.B.H. Partners, 4771 Merten Avenue, Cypress,
volunteered to answer questions from the Council.
Councilmember Carroll asked if a condition could be added using something more
decorative than a grey concrete driveway. Mr. Crotteau said that making a stamped
concrete drivewav would be no problem.
Councilmember Kerry had some questions on the fenced areas between units 5 and 6
and asked the purpose of the small fenced area to the north of unit 5. The applicant
explained that was a bedroom. She asked the applicant if he had an objection to having
the side yards landscaped.
The Mayor asked if anyone wished to speak in favor of the application. NO one spoke.
He asked if anyone in the audience desired to speak in opposition to the project.
MS. Judy Ahrens, 8672 Belmont Street, Cypress, spoke of the drainage problem in the
area and the new development would add to the water problem, parking, kids on the
street at all hours and traffic. She did not have a problem with the builder, but with
the City not addressing the existing problems before allowing additional construction.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, owner of the properly immediately adjacent
to the subject propert-y, stated that the issues brought before the Council on every
occasion dealt with the infrastructure of the area: narrow streets, children's safety,
flooding and parking. His problem was not with growth, but with unplanned growth
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CITY COUNCIL MINUTES April 8, 1996
that would create a worse problem than exists now. He asked that this project be
delayed on the basis that it is not good for the City, its residents or the builder.
Mr. Craig Banek, 8702 Belmont Street, Cypress, mentioned the problems of
overcrowding, narrow streets, no sidewalks or play area for children.
In response to Councilmember Age's inquiry, the Public Works Director explained that
the County acknowledged the lack of sufficient drainage in the annexed area, they have
agreed to upgrade it over a period of time and those improvements are about 60%
completed.
Councilmember Carroll asked if the City had any curfew regulations. Lt. Schaefer advised
there is a City code that prohibits minors from being out after 10 p.m., it is a status
offense so it is virtually unenforceable. He mentioned that the City of Anaheim has
adopted stricter ordinances to make curfew violation an infraction rather than a
misdemeanor.
After a question and answer period on adequate water, power and drainage,
Councilmember Kerry continued to express concern with the concrete side yard and the
fence. The applicant stated that putting landscaping in that space would not be a
problem.
Councilmember Carroll recommended that a condition be added that the ingress/egress
street be paved with some decorative material as approved by design review and he
moved to close the public hearing, approve the Negative Declaration and adopt the
resolution by title only, title as follows, approving Conditional Use Permit No. 96-3,
subject to conditions, including a condition requiring decorative street paving.
Councilmember Age seconded the motion. She stated she had denied this application
the first time; however, this plan is a great improvement and drainage will be corrected
over a period of time.
Councilmember Carroll said he didn't see how a delay on this project would help the
situation because newer, nicer structures would help improve the area.
Councilmember Kerry said she understood the concerns of the citizens in that area but
there are some important differences from previous application. This project would be
an asset to the area.
Mayor Bowman advised that the results of a study done in the area several years ago
indicated that incremental development would be an improvement. Development has
not occurred at a pace that would place stress on the infrastructure.
RESOLUTION NO. 4619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 96-3 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
Councilmember Age asked that the Anaheim ordinance on curfews be placed on the
next agenda.
CONTINUATION OF CONSIDERATION OF EMPLOYEES MEMORANDUM OF UNDERSTANDING AND
AUTHORIZING RESOLUTION: The Administrative Services Director reviewed the staff report
dated April 1, 1996 to which was attached a resolution providing for benefit changes for
the Cypress Public Works Maintenance Supervisors' Association Memorandum of
Understanding. At the request of Councilmember Carroll, the Administrative Services
Director recapped the wage and benefit changes to the MOU: 4% salary increase,
effective March 8, 1996; health insurance to be the same as the other employee
associations, effective January 1, 1997; effective January 1, 1997, eliminate one floating
holiday; accepted the layoff procedure amendment, the Federal and State family leave
act, vacation payoff amendment; agreed sick leave will not be part of the overtime
calculation; a minor change in uniform allowance, and a revision in the nepotism policy.
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CITY COUNCIL MINUTES April 8, 1996
Responding to Mayor Bowman's inquiry, he stated that he believed this association's last
wage increase was in December 1991.
It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt
the resolution by title only, title as follows, ratifying the Memorandum of Understanding
bet:ween the City and the Cypress Public Works Maintenance Supervisors' Association.
RESOLUTION NO. 4620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
PUBLIC WORKS MAINTENANCE SUPERVISORS' ASSOCIATION CONCERNING WAGES,
SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CONSIDERATION OF LINCOLN AVENUE SPECIFIC PLAN ADVISORY COMMITTEE: The City Manager
requested that the Community Development Director present the staff report dated
April 1, 1996, which advised that the Committee began meeting in January 1996 and
since that initial meeting, has been in an information-gathering mode. As well as
providing research materials and documentation, staff has arranged for presentations
from P & D Technologies and The Dike Partnership, who presented the Draft Specific
Plan and several representatives from Cypress College. Staff produced a video of Lincoln
Avenue, which provided a strong basis for discussion of the current condition of Lincoln
Avenue and its future development. Four subcommittees have been formed and each
have prepared a Scope of Work. Staff is requesting direction from Council regarding
two of the scopes of work. Councilmember Carroll expressed a desire that the larger
lots be considered also, along with the smaller ones. Councilmember Age mentioned
that "Art in Public Places" does not work. Councilmember Kerry expressed the opinion
that these committees should not be reviewing art in public places; that is something
for the Cultural Arts Commission to consider. Councilmember Age suggested that the
committee receive the ordinances on newsracks and signs. Also, it was the Council's
consensus that there be general discussions, not discussion on specific properties.
It was moved by Councilmember Kerry and seconded by Councilmember Age tO receive
and file the report. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 20057 - 20301: It was
moved by Councilmember Age and seconded by Councilmember Carroll to approve the
List for Warrants NO. 20057 through 20301 in the amount of $739,998.84. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
RECESS: Mayor Bowman recessed the meeting at 11:00 p.m. and excused City staff from
the remainder of the meeting. The meeting reconvened at 11:05 p.m. with all
Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. Jerry Sharber, 11615 Lakia Drive, Cypress, mentioned the lighting on the Orangewood
side of the Warland Building and asked if it could be replaced with low level pole
lighting to illuminate the street. He also said neighbors objected to seeing the concrete
edifice and he asked if additional trees could be planted to screen the building. He also
mentioned that semi-trucks are turning right into Orangewood and making U-turns to
go back out to Vallev view Street. The neighbors have advised the Police Chief of that
problem. He wondered if there was an ordinance that would prevent real estate signs
being placed so they do not obstruct the view.
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CITY COUNCIL MINUTES April 8, 1996
Mr. DOn Wesling, 11431 Anegada Street, Cypress, said it seems that since Shaw has been
open for business, his wife has developed a constant cough. He believed that there
were some contaminants from the warehouse causing this cough. He thought they
might be cut:ting carpeting, the fibers blowing out into the air and the air quality should
be tested.
Councilmember Kerry said that if Mr. Wesling had concerns about the air quality, it is
something he would have to measure unless the Health Department or AQMD has
justification to check.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 11:15 p.m. to 5:30 p.m.,
Monday, April 15, 1996 in the Administrative Conference Room.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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