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Minutes 2000-06-26MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUNE 26, 2000 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Piercy in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council Members Keenan, McCoy, Sondhi and Mayor Piercy Mayor Pro Tem McOill Also present were City Manager Importuna, City Attorney Wynder, and staff members Alice Angus, Ted Commerdinger, June Liu, Jeff Sinn and Richard Storey. A workshop was presented to the City Council by Community Development Director Alice Angus and Planning Manager Ted Commerdinger to inform the Council of the progress being made on the Lincoln Avenue Specific Plan Sign Program, Inventory, Assessment and Analysis. The Specific Plan was adopted in December of 1998. Contained within the Specific Plan were general sign guidelines to be used until such time as the City generated a set of specific sign requirements. Based on those guidelines being used in that area, the Community Development Department has received very few complaints. As part of the 1999-2000 Strategic Plan Goals and Objectives, staff has generated a draft set of sign requirements for Lincoln Avenue. The draft Ordinance has been sent to each property owner and business within the Specific Plan area for review and comment. Mr. Commerdinger presented a PowerPoint presentation on the history and background, issues, and major features of the draft sign requirements. Under state law, in order to adopt a more restrictive sign ordinance, a City must first conduct an inventory and assessment of all existing signs. Staff has contracted with Ultrasystems Environmental Inc. of Irvine to undertake a complete assessment of all signage in the Specific Plan area. This assessment should be completed by July 17, 2000. At the completion of this work, staff will have a definitive list of illegal, non- conforming, and conforming signs within the Specific Plan. Clarification was made as to whether a sign is permitted or not permitted and found under the proposed Ordinance to be non-compliant, after which each business owner would be notified and would have the right to appeal. A proposed three year amortization period would be in place. The draft Ordinance and general requirements regarding Pedestrian, Vehicular, Building, Wall and Monument signs were discussed. Sign criteria with regard to height limits, size, illumination and consistency with the required sign program were also discussed. The Community Development Director reviewed the notification process to business owners and the appeal process. Council Member Sondhi asked staff to provide more consistency in the use of the terminology used throughout the document, and to also use indicators as to the type of signs which are illustrated in the staff report. CITY COUNCIL MINUTES JUNE 26, 2000 WORKSHOP/CLOSED SESSION: At 6:10 p.m., the Mayor recessed the workshop meeting to enable the Council to convene in Closed Session in the Council Chamber Conference Room to discuss the following agendized item: Conference with Labor Negotiator (Cal. Govt. Code Section 54957.6) Agency Negotiator: Richard Storey; Employee organizations: Cypress Police Officers Association, Mid-Management Employees Association and Top Manaqement Employees Association. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:03 p.m. by Mayor Piercy. PRESENT: Council Members Keenan, McCoy, Sondhi, and Mayor Piercy. ABSENT: Mayor Pro Tem McGill Aisc present were City Manager Importuna, City Attorney Wynder, and staff members Angus, DeCarlo, Hensley, Liu, Sinn and Storey. PLEDGE OF ALLEGIANCE: Piercy. The Pledge of Allegiance was led by Mayor Anna INVOCATION: The invocation was given by Bishop Brad Smith, Church of Jesus Christ of Latter Day Saints, 4t~ Ward. PRESENTATIONS: The Mayor presented a Resolution Recognizing Richard M. Storey, for serving as the City's Interim Manager. The Mayor also presented a Resolution Commending Frank Anzures, for his Outstanding Service as a Crossing Guard. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The Mayor asked for the report of the Workshop and Closed Session Agenda items discussed earlier in the evening. City Manager Importuna advised that the City Council received a status report from staff as to the Comprehensive Sign Program with the Specific Plan along Lincoln Avenue. Staff reviewed the notification process as to the affected parties who may be impacted and the need to conduct an assessment of all the signs in the area. Council gave input as to what will be contained in the Ordinance. Staff will complete the assessment with an outside consultant, incorporate the Council's recommendations, and bring back the Ordinance to Council for their consideration. No other items were discussed at the workshop. The City Attorney advised that following the Workshop, the Council convened in Closed Session. At that time, the Council conferred with City Finance Director Richard Storey, authorized by Government Code Section 54957.6. Mr. Storey briefed the Council on the status of collective bargaining negotiations with the Cypress Police Officers Association, Cypress Police Management Employees, and Cypress Central Management Employees, and rendered a privileged and confidential status report to the Council. Unanimous consensus of the Council was received to proceed forward with negotiations strategies based on previous authorized negotiating levels from the Council with respect to each group of employees. No further actions were taken nor solicited during the Closed Session. 2 CITY COUNCIL MINUTES JUNE 26, 2000 ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Piercy asked anyone who wished to speak on any topic not included on the meeting agenda to come forward. Mary Crowder, 6881 Reefton Avenue, Cypress, first approached the podium. Ms. Crowder wanted to thank the Chief of Police and Mayor Piercy for taking care of the problem which she spoke about at the June 12th Council meeting associated with the Adult Soccer Organization who use Peppertree Park as a restroom facility. Robert Sundwall, 5486 Vista Sierra, Cypress, spoke in favor of Mr. Nat Briganti and his business, Action Auto Sales. Mr. Sundwall has parked and watched the residential area on Bishop Street several times, and he feels there are no problems at this site. He feels Mr. Briganti should receive an unconditional permit to sell cars on Saturdays and Sundays. Andy Hilbert, 4812 El Rancho Verde, La Palma, next spoke, to inform the Council of his campaign activities in Cypress, as he is the undisputed candidate for the Democratic party for the 67th Assembly seat. AWARD OF CONTRACT: AWARD OF CONTRACT - FOCUSED EIR/SKATE PLAZA AT VETERANS PARK: The Community Development Director presented the staff report which described a proposed contract for a consultant to perform a Focused EIR for the Proposed Skate Plaza. Staff sent RFP's to five qualified firms, and two bids were received. Based on the information received pursuant to the RFP request, it is recommended that the City Council award the contract to Ultrasystems Environmental Incorporated of Irvine to prepare a Focused Environmental Impact Report for the proposed Veterans Skate Plaza facility in an amount not to exceed $18,690, to be taken from the unreserved General Fund balance and be transferred into Account No. 4189-11-193-06. Mayor Piercy commented that in addition to alternative locations, staff should add an alternative size of up to an 8,000 square foot skate park, which was initially recommended by the Parks & Recreation Commission and the Task Force. Council Member Keenan stated the Civic Center Green should not be considered as a potential site for the skate park. He is also troubled by the cost of the EIR, which he feels is not truly necessary, as it is driven by a small group of people. Perhaps City staff and the City Attorney could pursue negotiations with the core group of people who initiated the letter. Council Member McCoy also stated his concern with the spending of money for this EIR. He believes the skate park should be built on the Wicker Drive property where there is 305,000 square feet of land available for public use. Mayor Anna Piercy responded that she agrees that it is a waste to spend this money, but unfortunately, there are a number of people determined to stop the skate park plaza development. Each Council Member must respond to people in the community. She does not agree though that the majority of the community are against this skate park. Therefore, she feels it is best to spend the money on the EIR rather than legal expenses. Council Member Sondhi wanted to reiterate that this issue has been repeated so many times and a lot of territory has been traveled to get to this point. This has gone through a substantial process of public forums, task forces, commission, etc. Her concern is that we want to look at parks only instead of alternative locations. She indicated that the Wicker Drive property did not meet threshold criteria originally. CITY COUNCIL MINUTES JUNE 26, 2000 The City Attorney stated that the analysis will include the identified site, a no-project alternative, and four additional sites. It is important to study the two sites that staff has recommended. If the City fails to do this, those who opposed the project at its recommended sites will attack the EIR for failing to analyze sites already recommended. He is willing to mediate, however, his only concern is that it is difficult to mediate when the only alternative is a no-project alternative. If those involved are prepared to discuss what might be acceptable at the preferred site, then this may be negotiable. Council Member Keenan asked for clarification of the alternative sites for environmental analysis. The Community Development Director clarified that specific alternative sites were not selected. Council Member McCoy requested that the Wicker Drive property be included as an alternative location, as this site was purchased for public use. The Community Development Director responded to Council Member Sondhi that the Wicker Drive parcel is seven and one-half total acres, and the frontage is zoned office professional. The bulk is zoned for high density residential and no public use. She indicated it would take a City Council action to change the General Plan and the zoning. It was moved by Council Member Keenan and seconded by Council Member Sondhi to award the contract to Ultrasystems Environmental Incorporated of Irvine to prepare a Focused Environmental Impact Report (EIR) for the proposed Veterans Skate Plaza facility in an amount not to exceed $18,690.00, to be taken from the unreserved General Fund balance and be transferred into Account No. 4189-11-193-06, and to also include Council's input as to alternative sites to include the Civic Center Green, Philo/Electric site, Arnold Cypress Park, Oak Knoll Park, Wicker Property and the 8,000 square foot suggestion with instructions to the City Attorney and Community Development Director to meet with the residents and enter into mediation, simultaneously and completely separate from the EIR The motion carried with the following roll call vote: AYES: 3 COUNCILMEMBERS: Keenan, Sondhi and Piercy NOES: 1 COUNCILMEMBERS: McCoy ABSENT: 1 COUNCILMEMBERS: McGill CONSENT CALENDAR: All matters listed on the Agenda under "Consent CalendaF' are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was moved by Council Member Keenan and seconded by Council Member Sondhi to approve the Consent Calendar, Items No. 2 through 12. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy None McGill Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 12, 2000. Recommendation: That the City Council approve the Minutes of the Regular Meeting of June 12, 2000, as submitted, with Councilmember McCoy abstaining on the Minutes, due to his absence at the meeting. 4 CITY COUNCIL MINUTES JUNE 26, 2000 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 DESIGN REVIEW COMMI'I-rEE PERMIT NO. 2000-14, REQUEST TO INSTALL A FLUSH-MOUNTED TELECOMMUNICATIONS ANTENNA SYSTEM AND RELATED ELECTRICAL EQUIPMENT ON THE COURTYARD BY MARRIOTT HOTEL BUILDING LOCATED AT 5865 KATELLA AVE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-14 - with conditions: RESOLUTION NO. 5247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-14 - WITH CONDITIONS. Item No. 5: APPROVAL OF DESIGN REVIEW COMMI-ffI'EE PERMIT NO. 2000-15, REQUEST TO ADD A SECOND ENTRY TO AN EXISTING INDUSTRIAL BUILDING LOCATED AT 11170 VALLEY VIEW STREET. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-15 - with conditions: RESOLUTION NO. 5249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-15 -WITH CONDITIONS Item No. 6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-17, REQUEST TO ADD ARCHITECTURAL ELEMENTS AND CHANGE THE EXTERIOR COLORS OF THE CYPRESS EAST SHOPPING CENTER LOCATED AT 10015-10205 VALLEY VIEW STREET.. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-17 - with conditions: RESOLUTION NO. 5250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-17 - WITH CONDITIONS. Item No. 7: ACCEPTANCE OF ARNOLD/CYPRESS PARK RESTROOM REMODEL, PUBLIC WORKS PROJECT NO. 9846. Recommendation: That the City Council, acting as ex officio governing Board of Directors of the Cypress Recreation and Park District: (1) Accept the project for Arnold/Cypress Park Restroom Remodel, Public Works Project No. 9846, as being satisfactorily completed in conformance with the project specifications in the final amount of $46,010.00; and (2) Approve the final retention payment of $4,601.00 to Transition Developing Contractors, 32661 Seven Seas Drive, Dana Point, California 92629, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed, and upon Director of Public Work's concurrence; and (3)Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, and upon Director of Public Work's concurrence. CITY COUNCIL MINUTES JUNE 26, 2000 Item No. 8: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR BALL ROAD IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 9840, AND WALKER STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 9841. Recommendation: That the City Council approve the plans and specifications for the construction of Ball Road improvements between Bloomfield Street and Holder Street, and Walker Street rehabilitation between Cerritos Avenue and Katella Avenue, and authorize staff to solicit bids for the projects. Item No. 9: APPROVAL OF AGREEMENT FOR FIRE SERVICES AND EMERGENCY MEDICAL SERVICES WITH THE ORANGE COUNTY FIRE AUTHORITY. Recommendation: That the City Council approve the new agreement for Fire Services and Emergency Medical Services with OCFA and direct staff to return two copies of the signed Agreement to the Orange County Fire Authority, Clerk of the Authority, by July 14, 2000. Item No. 10: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION AND ADOPTION OF A RESOLUTION ESTABLISHING COMPENSATION FOR PERSONNEL ANALYST. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt the attached updated class specification for the regular full-time position of Personnel Analyst, amending the City's classification plan, and adopt the Resolution by title only, title as follows, amending Resolution No. 3574 by establishing compensation for the classification of Personnel Analyst in the City's position classification plan for employees in the service of the City of Cypress. RESOLUTION NO. 5251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574 BY ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF PERSONNEL ANALYST IN THE CITY'S POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Item No. 11: REVIEW OF INVESTMENT PROGRAM FOR THE MONTH OF MAY 2000. Recommendation: Receive and file. Recreation & Park Distdct Matters: Item No. 12: ACCEPTANCE OF $2,500 DONATION FROM THE FRIENDS OF CYPRESS RECREATION AND PARKS, INC., AND THE APPROPRIATION OF $2,50(3 FOR ARNOLD/CYPRESS PARK WATSON STREET IMPROVEMENTS. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: (1) Formally accept the donation in the amount of $2,500 from the Friends of Cypress Recreation and Parks, Inc., and increase the Recreation and Park District estimated revenue account #3713 (Donations) by $2,500; and (2) Appropriate $2,500 from the Recreation and Park District unreserved general fund to Recreation and Park District budget Capital Improvement account 4187-12-528-29 for the Watson Street Improvements. 6 CITY COUNCIL MINUTES JUNE 26, 2000 END OF CONSENT CALENDAR ORDINANCES: (Second Reading): Item No. 13: SECOND READING OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT NO. 90-1, A REQUEST TO MODIFY PARAGRAPH 16 OF THE DEVELOPMENT AGREEMENT REGARDING THE TYPE OF HOTEL AND DEADLINE BY WHICH THE HOTEL SHALL BE OPEN AND OPERATING WITHIN PLANNING AREA 6 OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN AREA. It was moved by Council Member Keenan and seconded by Council Member Sondhi that the City Council approve for second reading the Ordinance amending Development Agreement no. 90-1 regarding the type of hotel and the deadline by which the hotel shall be open and operating within Planning Area 6 of the Cypress Business & Professional Center Specific Plan area. ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT NO. 90-1 BETVVEEN THE CITY OF CYPRESS AND CYPRESS DEVELOPMENT PARTNERSHIP; LOS ALAMITOS RACE COURSE, AND FJC U.S.A. ("DEVELOPER"). Council Member Sondhi asked for clarification on the terminology of the Ordinance. The Community Development Director suggested that in Paragraph 16 after "moderate first class hotel," to add the phrase "as that term is customarily defined." Council Member Keenan stated that several press articles reported that the City Council actually approved the development, and he clarified that the only change is in the guidelines and standards that are being used. The City Attorney added that this Ordinance defines the minimum criteria, not the maximum criteria, as it relates to the type of hotel. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 14: PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 92-14 AND VARIANCE NO. 92-6, A REQUEST TO CHANGE THE OWNERSHIP, OPERATION, AND PARKING PROVISIONS UNDER SECTION 25.7.A OF THE CITY PARKING STANDARDS FOR AN EXISTING CHILD DAY CARE CENTER LOCATED AT 5805 CORPORATE AVENUE: The Mayor opened the public hearing. The Community Development Director presented the staff report describing a proposed change from a preexisting daycare center owned and operated by PacifiCare. Originally approved in 1992, clients of the daycare were employees of PacifiCare. As a condition of the Conditional Use Permit (CUP), if the ownership ever changed, the CUP must be amended. PacifiCare is in the process of selling to A to Z Child Development Center. Associated with the CUP was a parking variance, allowing the facility to vary from the onsite parking provisions of the Cypress Zoning Ordinance, which allowed an 8 parking space deficit, because of the combined use of carpooling, shuttling and walking from the building. The A to Z Child Development Center will continue its operation with 120 children, excluding infant care, which will reduce the employee/child CITY COUNCIL MINUTES JUNE 26, 2000 ratio, eliminating the parking deficiency. A to Z will also abide by all conditions given previously to PaciflCare. The child day care use will retain the existing building and playground facility. Staff recommendation is to adopt the Resolution for approval of Amendment to Conditional Use Permit No. 92-14, subject to the applicable existing conditions in Exhibit "A" of the Resolution. No action is recommended regarding the existing Variance No. 92-6, as it is not required for the site with the currently proposed day care operation. Notices of the public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel, as well as to other interested property and business owners outside the legally required notice area. To date, staff has not received any communication regarding the proposed subject. The Community Development Director clarified the Variance to Council Member Sondhi reiterating, that in the future, if A to Z wanted changes to the Variance, they must reapply. The Mayor asked the applicant, if present, to come forward. The Applicant, Tony Namvar of Woodman Partners, LLC, 11940 San Vincente Blvd., Los Angeles, CA 90049, came forward. Mr. Namvar responded to Council Member Keenan that the director and all employees of the A to Z Child Development Center reside locally. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. No one wished to speak in favor of the application. Mayor Piercy asked if there was anyone who wished to speak in opposition to the application. No one wished to speak in opposition to the application. Mr. Namvar asked Mayor Piercy what would be needed in the future if they found the need to add infant care. The Community Development Director responded that an Amendment to the Conditional Use Permit would have to be applied for, and staff would re-examine the current parking demands. Mayor Piercy closed the public hearing. It was moved by Council Member McCoy and seconded by Council Member Keenan to accept staff recommendation and adopt the Resolution for approval of Amendment to Conditional Use permit No. 92-14, subject to the applicable existing conditions in Exhibit "A" of the Resolution. Council Member Keenan stated that he toured the facility approximately seven months ago and found it to be a first class facility. He is happy to see it reopen, as there is quite a demand in the Business Park and the community for established day care. Council Member Sondhi reiterated that it is exciting to see a day care facility in the community, as it is wonderful to be able, as a parent, to know that your children are close enough to be able to check on them if needed during the working day. RESOLUTION NO. 5252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 92-14 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy None McGill CITY COUNCIL MINUTES JUNE 26, 2000 Item No. 15: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000- 05, A REQUEST TO CONSTRUCT AN APPROXIMATELY 10,400 SQUARE FOOT COMMERCIAL RETAIL BUILDING AND 2,930 SQUARE FOOT DRIVE-THRU RESTAURANT AT THE SOUTHWEST CORNER OF VALLEY VIEW STREET AND CORPORATE AVENUE. The Mayor opened the public hearing. The Community Development Director presented the staff report which described a request to construct a 10,400 square foot commercial/retail building and 2,930 square foot drive-thru building to contain a Kinko's Copy Center and a Wendy's Hamburger restaurant. The proposed development meets all of the development criteria and standards set forth in the City of Cypress Zoning Ordinance and the Cypress View Limited Specific Plan. Staff recommendation is for approval of the Resolution approving Conditional Use Permit No. 2000-05, with conditions, and to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA). Notices of the public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel as well as to other interested property and business owners outside the legally required notice area. To date, staff has not received any communication regarding the proposed subject. The Community Development Director responded to Council Member McCoy that she was of the understanding that the existing Kinko's Copy Center on Katella Avenue would relocate to this site. The Community Development Director responded to Council Member Sondhi that in reference to the letter from Homestead Village regarding the 6' masonry wall, General Condition No. 30 relates to architectural treatments and color schemes. Council Member Keenan referred to the letter from Homestead Village. He stated he believes all the concerns have been addressed, but he is also interested in having language put into any of our conditions regarding a gate that would allow the traversing of the two properties, which is important to create pedestrian circulation. Mayor Piercy stated she was concerned that Homestead Village would hold back the right to lock the proposed gate. The Community Development Director stated that an agreement between Homestead Village and the developer/owner of this site has been established, with the ability of Homestead Village to lock off this gate if this area appears problematic in the future. The Mayor asked the applicant, if present, to come forward. The Applicant, Mr. Brent Ogden Jr., Baycrest Development Company, 1 Park Plaza, Suite 225, Irvine, CA 92614, came forward. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. No one wished to speak in favor of the application. Mayor Piercy asked if there was anyone who wished to speak in opposition to the application. No one wished to speak in opposition to the application. Mayor Piercy closed the public hearing. It was moved by Council Member Keenan and seconded by Council Member McCoy to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and, approve the Resolution approving Conditional Use Permit No. 2000-05 - with conditions. RESOLUTION 5253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-05 - WITH CONDITIONS. 9 CITY COUNCIL MINUTES JUNE 26, 2000 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill Item No. 16: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000- 07, TENATIVE TRACT MAP NO. 16057, A REQUEST TO DEVELOP TWENTY-ONE (21) DETACHED CONDOMINIUMS LOCATED AT 5642-5666 SPRAGUE AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE: The Mayor opened the public hearing. The Community Development Director presented the staff report which described a request to demolish eight (8) existing detached multi-family dwelling units and construct 21 two-story detached multi-family condominiums. The proposed project complies with the development standards of the RM-15 Residential Multiple-family Zone, including building setbacks, parking, building height, etc. In addition, the proposed tract map complies with the California Subdivision Map Act and the City of Cypress Subdivision Ordinance. Additional Conditions have also been proposed and were reviewed. Staff recommendation is to Adopt the Mitigated Negative Declaration, De Minimis Findings, and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA) and Adopt a Resolution approving Conditional Use Permit No. 2000-07 - with conditions; and Adopt a Resolution approving Tentative Tract Map No. 16057 - with conditions. Notices of the 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 subject. The Mayor asked the applicant, if present, to come forward. The applicant, Mr. K.C. Chang, 1265 Manassero Street, Suite 303, Anaheim, CA 92807, stated he is very excited to provide much needed and desired new housing in the city. He feels that this project will provide residents with the pride of single family ownership. The Briggeman Disposal superintendent has agreed to provide onsite trash pick-up. The air conditioning units will be located on side yards, so they will not be visible to the public. This is the fourth property owned and developed by K.C. Chang in Cypress, and he stated that he has enjoyed a good rapport with the various city departments. Mr. Chang stated that this development will be a win-win situation for the City, the residents, and the developer as well. Mr. Chang responded to Council Member McCoy that the other projects developed by K.C. Chang in Cypress are located as follows: La Paloma Apartments on Orange and Holder, the Meridian Apartments on Walker Street, and Cypress Green on Walker Street, which is a detached multi-family condominium project similar to the project being proposed in tonight's public hearing. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. The following came forward to speak: Jeanne St. Clair, 10444 Camden Drive, Cypress, stated that she had the opportunity to sell fourteen homes at the Cypress Green detached multi-family condominium project on Walker Street, with a list of over 200 people who wanted to purchase these homes. She indicated that there is a desperate need for affordable housing in Cypress. Robert Suniga, 8706 Sumner Place, Cypress, stated that he is familiar with the other projects developed by Mr. Chang, indicating that he feels another multi-family condominium project will be a definite asset to Cypress. Cindy Suniga, 8706 Sumner Place, Cypress, stated that Mr. Chang's developments provide affordable housing for residents in Cypress. No one else wished to speak in favor of the application. 10 CITY COUNCIL MINUTES JUNE 26, 2000 Mayor Piercy asked if there was anyone who wished to speak in opposition to the application. The following came forward to speak, indicating their concern of increased traffic, an insufficient amount of curb space for trash accommodations, and an insufficient amount of space for parking accommodations due to the additional condominium units. A concern was stated relating to the architectural layout of condominium units #15 and #19, and a development which appears to be too dense for the zoning which was intended for the property. Ken Rempel, 8642 Cypress Avenue, Cypress; Klm Welch, 8651 Cypress Avenue, Cypress; James Schenold, 5612-5640 Sprague Avenue, Cypress Council Member Keenan responded to Mr. Schenold relating to his concerns about masonry wall height, trash containers, and perimeter trees, that these issues are addressed in the conditions for the Conditional Use Permit for this project. No one else wished to speak in opposition to the application. The Mayor asked the applicant to come forward. Mr. Chang stated that this development will entail a net increase of thirteen homes on a street that currently houses approximately 100 households, and an Initial Study and Environmental Checklist were prepared for this development, which indicated that the project will not result in a significant impact on the environment. Each condominium will include at least ten feet of side and rear yards. Mr. Chang discussed the architectural configuration of condominium units # 15 and #19. Mr. Chang responded to Council Member Sondhi that the proposed price of the condominiums will be in the Iow $200,000 range. Mr. Chang responded to Council Member Keenan that if there were 1-2 fewer condominium units on the subject property, the unit price would definitely be affected, as the number of units proposed for this project is already less than what is permitted for the zoning of the subject property. With 1-2 fewer condominium units on the subject property, not only would it affect the economies of scale, but the purchase price would not be as affordable as well. Mayor Piercy stated her concerns related to parking accommodations, as there are no driveways in front of garages, resulting in an impact on residential parking in the adjacent neighborhoods. Mayor Piercy shared a written statement from Mayor Pro Tem McGill due to his absence at tonight's meeting, indicating his concern over the density of the development, and his request for the addition of more parking spaces, even if that requires the removal of one unit to meet this demand. Mr. Chang responded that the code-required parking accommodation for twenty-one units is twenty-one open parking spaces, and the project development includes twenty- two open parking spaces. Additionally, condominium unit #21 includes driveway accommodations for two vehicles, which makes a total of twenty-four open parking spaces. Council Member Keenan stated that he was concerned about the density of the Cypress Green condominium project on Walker Street as well. Although the number of units proposed for this project is already less than what is permitted for the zoning of the subject property, and the project development includes three additional open parking spaces than what is code-required, he is still concerned about the impact of the project development configuration on adjacent neighborhood properties, as well as the lack of trash accommodations. 11 CITY COUNCIL MINUTES JUNE 26, 2000 Mr. Chang responded that in lieu of common space, residents are able to take advantage of additional space in their side and rear yards, which he believes is of more value to the residents. Council Member McCoy stated that he likes the project development, and the applicant has addressed the concerns stated by the adjacent residents, however, he feels that the project is too dense for the subject property, and he would like to see perhaps one fewer condominium unit in order to accommodate additional parking space. Mayor Piercy closed the public hearing. The Community Development Director responded to Mayor Piercy that Briggeman Disposal is willing to pick up trash on-site, as there is distance between each condominium unit in order to place trash containers at curbside on the private drive. The Community Development Director responded to Council Member Keenan that the requirement for public notice prior to a public hearing is ten days, and the notice is posted on the subject property, published, and mailed to property owners within 300 feet at a minimum ten days in advance of the hearing, which is a requirement under state law. Additionally, since this development involved an Environmental Study Mitigated Negative Declaration, it was prepared at least twenty days in advance, and notices sent out on the Environmental Review to property owners within 300 feet at a minimum and published as well. The Community Development Director responded to Mayor Piercy that public notices are mailed to addresses which are provided from the Assessor's parcel record, which is the property owner of record. Council Member Keenan stated that the drainage issue has been addressed, as fill is brought in to raise property levels, and seismic standards must be met for the fill as well, which is inspected. Council Member Keenan reiterated concerns which were raised about the architectural configuration of condominium units #15 and #19 and the frontage of properties facing those units, and the overall density of the subject property. He also stated his concern about the lack of trash accommodations, and requested that staff review the plans to possibly include an on-site common trash area. It was moved by Council Member Keenan and seconded by Council Member McCoy to continue the public hearing in order to allow the applicant time to modify plans in accordance with City Council direction. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill Acting as the Ex Officio Governinq Board of Directors of the Cypress Recreation and Park District: Item No. 17: PUBLIC HEARING REGARDING ADOPTION OF THE 2000-01 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. The Finance and Administrative Services Director presented the staff report which described a proposed balanced budget for fiscal year 2000-2001, including total expenditures of $3,178,925, which is approximately 2.49% higher than the 1999-2000 adopted budget due to capital projects. The preliminary 2000-2001 Cypress Recreation and Park District Budget was reviewed by the City Council at the May 15, 2000, City Council workshop. No changes were recommended by the City Council to the budget document presented for adoption following the public hearing. Staff recommendation is for the City Council, acting as the 12 CITY COUNCIL MINUTES JUNE 26, 2000 ex officio governing Board of Directors of the Cypress Recreation and Park District, to adopt the 2000-01 District Budget as proposed, after the conclusion of the public hearing. A public hearing is required for the Cypress Recreation and Park District budget adoption, as it is a special district within the state, but a public hearing is not required for adoption of the City of Cypress budget. The Mayor opened the public hearing, and asked if there was anyone who wished to speak in favor of the budget adoption. No one came forward to speak. No one wished to speak in opposition to the budget adoption. Mayor Piercy closed the public hearing. Council Member Keenan commended the Recreation and Parks Director for working within a budget which is minimalist at best, and making the most out of available assets. He suggested approaching Assembly and Senate representatives for additional capital project funding. It was moved by Council Member Keenan and seconded by Council Member Sondhi to adopt the 2000-01 District Budget as proposed. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill NEW BUSINESS: Item No. 18: ADOPTION OF THE 2000-01 BUDGET FOR THE CITY OF CYPRESS. The Finance and Administrative Services Director presented the staff report which described the proposed budget, which represents a balanced spending plan for the delivery of services and programs to the Cypress residents and businesses, including total expenditures of $22,221,361. The total proposed budget is approximately 2% lower than the 1999-00 adopted budget, due to capital projects which were funded in the 1999-00 adopted budget. Operating expenditures recommended for adoption are approximately 3.26% higher than in previous years. The preliminary 2000-01 budget was reviewed by the City Council at the May 15, 2000, City Council workshop, and changes requested by the City Council have been incorporated into the budget document presented for adoption. This budget was compiled prior to the appointment and start date of City Manager Importuna, and there may be adjustments based on his direction in the future which may come before the City Council at a later date. There is a balanced budget with funding in the fund balance which may be used for additional appropriations in this fiscal year. The 2000-01 budget includes the funding of year three strategic plan goals and objectives established by the City Council, and focuses on economic development, enhancing existing housing stock, and evaluating transportation needs for the senior citizen population. The budget also maintains current service levels and includes the incorporation of the first year of the Seven Year Capital Improvement Plan. The only personnel change in the budget is for the addition of one Police Sergeant. Staff recommendation is for the adoption of the Resolution approving the annual budget for the fiscal year commencing July 1, 2000 in the total amount of $22,221,361. Council Member Keenan commended staff for proposing a budget which has held the line on operating expenditures for three consecutive years, despite increases in revenues, which has allowed the City to increase reserves. Council Member Keenan stated that the budget includes an increase in funding for sidewalk repair, which is an important expenditure which was requested by the public. 13 CITY COUNCIL MINUTES JUNE 26, 2000 Council Member McCoy commended staff for proposing a balanced budget, and indicated that the residents of Cypress should be very pleased with the spending plan for delivery of services and programs. Mayor Piercy commended staff for presenting the proposed adopted budget as a colorful, artistic and professional document. It was moved by Council Member Keenan and seconded by Council Member McCoy to adopt a Resolution of the City Council of the City of Cypress, approving the Annual Budget for the Fiscal Year Commencing July 1, 2000, and Fixing the Limitations of Expenditures for the Several Funds and the Functions, Departments, and Activities Carried on Under Such Funds RESOLUTION NO. 5254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2000, AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy NOES: 0 COUNClLMEMBERS: None ABSENT: I COUNCILMEMBERS: McGill Item No. 19: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 43601 - 43792. It was moved by Council Member McCoy and seconded by Council Member Sondhi to approve the Warrant List for Warrants No. 43601 through 43792 in the amount of $915,860.73. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill Item No. 20: APPOINTMENT OF CITY TREASURER. The Finance and Administrative Services Director presented the staff report which described the responsibility of the City Treasurer, along with the Director of Finance and Administrative Services, to invest and safeguard the assets of the City of Cypress, the Cypress Redevelopment Agency, and the Cypress Recreation and Park District. With the departure of the current City Treasurer, it is necessary to appoint a new Treasurer, and per Section 703 of the City Charter, the City Council is the appointing authority for the City Treasurer position. The City Treasurer's duties are performed under the direction of the Director of Finance and Administrative Services. These duties include the annual submission of the Statement of Investment Policy to the City Council, safeguarding the assets of the three agencies, and obtaining the highest yield possible while meeting the legal, safety, liquidity, and diversification criteria. Since the ultimate responsibility for these duties lies with the Director, it is logical for that position to be appointed City Treasurer. Staff recommendation is for City Council to appoint Richard M. Storey, Director of Finance and Administrative Services, Treasurer of the City of Cypress. The Finance and Administrative Services Director responded to Council Member Keenan that this appointment is a City Council appointment which can be changed at any time with City Council approval. In the past, the City of Cypress has had a City Treasurer as a separate function from the Finance Director to provide a checks and balances system and internal controls for the Finance Director. A Junior Accountant position also assists with internal controls within the department. The personal goal of the Finance and Administrative Services Director is to work with the new Finance 14 CITY COUNCIL MINUTES JUNE 26, 2000 Manager on the job responsibilities of the City Treasurer, and perhaps appoint the Finance Manager as the new City Treasurer at a later date. Council Member Keenan stated that his comments were necessary in order to illustrate the due diligence of the Finance Department. Council Member Sondhi stated that one of the City Treasurer's primary responsibilities is to provide direction and oversight in the City's investment program. The Finance and Administrative Services Director responded to Council Member Sondhi that historically the authority of providing direction and oversight for the City's investment program has been a co-effort of the City Treasurer and the Finance Director, with the Finance Director having the ultimate authority, as provided for in the City Charter. It was moved by Council Member Sondhi and seconded by Council Member McCoy to appoint Richard M. Storey, Director of Finance and Administrative Services, Treasurer of the City of Cypress. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I COUNCILMEMBERS: COUNCiLMEMBERS: COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy None McGill RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Mayor Piercy recessed the meeting at 9:47 p.m., to enable to Council to convene as the City of Cypress Redevelopment Agency. PRESENT: Agency Board Members Keenan, McCoy, Sondhi, and Agency Chairperson Piercy. ABSENT: Agency Vice Chairman McGill CYPRESS REDEVELOPMENT AGENCY MA'II'ERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. Item No. 21: ADOPTION OF THE 2000-2001 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. The Agency Treasurer presented the staff report which described a proposed budget with total expenditures of $6,553,040, which represents a decrease of approximately $5,765,300 from the 1999-00 adopted budget, due to the $9.9 million Promissory Notes to the City's General Fund maturing in 1999-2000 versus $4.1 million maturing in the proposed budget year. The preliminary budget was reviewed by the Agency Board at the May 15, 2000, City Council workshop, and no changes were recommended by the Board of Directors. Staff recommendation is for the Cypress Redevelopment Agency Board to adopt the 2000-01 Agency Budget as per the attachment in the staff report. It was moved by Agency Board Member Keenan and seconded by Agency Board Member Sondhi that the Cypress Redevelopment Agency adopt the 2000-01 Agency Budget as per the attachment in the staff report. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 BOARD MEMBERS: BOARD MEMBERS: BOARD MEMBERS: Keenan, Sondhi, McCoy, and Piercy None McGill Mayor Piercy adjourned the meeting of the City of Cypress Redevelopment Agency at 9:50 p.m., and reconvened the Regular City Council Meeting at 9:51 p.m. 15 CITY COUNCIL MINUTES JUNE 26, 2000 REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Mayor Piercy requested reports from the Council Members on their respective committee assignments. Council Member McCoy: Attended the FBI Academy in Quantico, Virginia, from April 1-June 16, 2000, and completed courses which provided leadership strategies and networking opportunities to apply not only in his present career, but as a Council Member for the City of Cypress as well. Attended the Orange County Fire Authority board meeting last Thursday. The operation order for the 4th of July Plan was presented. The board approved a Project Manager to oversee the new training facility which will be built in the City of Irvine, which should be completed within the next four years. Council Member Sondhi: Attended the Orange County Regional Airport Authority meeting on June 14th, and the board approved writing a letter of support to the Board of Supervisors to form a new department which would take away the reuse planning of El Toro from the CEO. Additionally, the Executive Director of the Orange County Regional Airport Authority submitted her resignation. The next meeting will involve a discussion of possible applicants for the Executive Director position, and discussion of possible reorganization of the agency. Attended the Housing and Community Development Commission meeting on June 22% noting that there is $10,000,000 of funding available for affordable housing. Interested residents may contact Council Member Sondhi or the Housing and Community Development Commission for information on funding available at (714) 480-2738. She also stated that she was reappointed to the Commission for another two-year term. Council Member Keenan: Commended Council Member Sondhi on her reappointment for another two-year term on the Housing and Community Development Commission. Attended the West Orange County Cities Association steering committee meeting. Final recommendations on the Light Rail Study were presented, and final recommendations will be presented to the Orange County Transportation Authority at the July 10th board meeting. A notebook with final recommendations on the Light Rail Study will be on file in the City Council office. Attended a half-day retreat for the Orange County Transportation Authority to do long- range transportation planning. The focus was on Centerline, which was the original OCTA light rail proposal. Attended the Orange County Council of Governments meeting last week and heard a presentation on the water reclamation project which is being developed jointly by the Orange County Water District and the Orange County Sanitation District. Next steps in terms of public outreach were discussed, in addition to housing element. Attended an Orange County Transportation Authority committee meeting last week and discussed OCTAP taxi cab insurance regulations, the eight firms that have fallen out of compliance, and the subsequent steps to take. Detective Lasalle is the Cypress Police Department OCTAP steering committee representative. 16 CITY COUNCIL MINUTES JUNE 26, 2000 Attended an Orange County Transportation Authority board meeting today. The Master Plan of Arterial Highways (MPAH) funding was adopted for a total of $60 million of Federal funding, which requires a 50% match, which in Orange County, amounts to over $140 million dollars of street rehabilitation improvements. Cypress received 100% of their requests for projects proposed for the next three years. Additionally, there were fourteen new appointments to an expanded Citizens Advisory Committee, which includes one active volunteer from Cypress, Mary Mclver. There was also an OCTAP discussion regarding those who are failing to meet State of California/Department of Motor Vehicles mandated guidelines for self-insurance capabilities. Mayor Piercy: Had no committee meeting reports for the past two weeks. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mayor Piercy reported that she attended the following community functions: Women's Club Picnic at Oak Knoll Park; Girl Scout Gold Award Ceremony to present Resolutions to Sandra Mealey and Danielle McBride; Eagle Scout Court of Honor Ceremonies to present Resolutions to Sean DeBurgh and Bradley C. Hicken; Parks and Recreation Volunteer of the Year Awards Ceremony, congratulating Mary Mclver; College Choir Performance at Cypress College on Saturday, June 17th; Orange County Business Council presentation of "Wild California" at the Irvine Spectrum IMAX Theatre, in which the City of Cypress was a financial participant. Mayor Piercy asked community or staff members to apprise the City Council of any ideas for Eagle Scout projects. Mayor Piercy asked anyone who wished to speak on any topic not included on the meeting agenda to come forward. Allen Crowder, 6881 Reeffon Avenue, Cypress, approached the podium. Mr. Crowder welcomed back Council Member McCoy, and commended Richard Storey for the Resolution recognizing his service as the City's Interim Manager. Council Member Keenan invited the public to the Armed Forces Reserve Center for the 4th of July ceremony and fireworks display beginning at 4:00 p.m. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No items were presented. ADJOURNMENT: Mayor Piercy adjourned the meeting at 10:12 p.m. to Monday, July 10' 2000' at 5:30 P'm' inthe B°ard ~F~~' Room, Wes Wing of City Hall, 5275 Orange Avenue, Cypress, California. E CITY ATTEST: ~ CLER~K OF T~..~ ~;ITY OF---CYPRF:~ 17