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Minutes 2000-07-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JULY 10, 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, Mayor Pro Tem McGill, Mayor Piercy None Also present were City Manager Importuna, City Attorney Wynder, and staff members Alice Angus, Steve Clarke, Ted Commerdinger, Marvin De Carlo, June Liu, Ida Ruiz, Jeff Sinn and Richard Storey. A workshop was presented to the City Council by Community Development Director Alice Angus, for the Tentative Project List for Year 27 Community Development Block Grant (CDBG) Application. Ms. Angus provided a background of the CDBG and stating that the CDBG application is due in October, therefore staff solicited project suggestions from Council, the City Manager and Department Heads. Ms. Angus reviewed the 5 proposed projects: 1. Public Facilities & Improvements: Installation of ADA Curb Ramps Along Larwin Avenue. 2. Public Services: Neighborhood Clean-up Program 3. Economic Development: Lincoln Avenue Economic Enhancement Program 4. Residential Housing Rehabilitation: City-wide Housing Rehabilitation Program 5. Public Services: Senior Transportation Services All the projects would meet the qualification requirements for CDBG funding either by virtue of location within the "benefit area", income qualification screening ("Limited Clientele" status), or due to the provision of ADA compliance. Ms. Angus discussed the method of allocation, at the request of Council Member McCoy. The two main methods used are: 1) the open competition method; and 2) the "fair share" allocation formula. The City is not restricted in the amount asked for, but because population is less than 50,000, Cypress must apply on a competitive basis for funds. Ms. Angus does not believe the 2000 census will put us over that threshold, and if it does, we are currently locked into a 3 year contract under the County umbrella. Ms. Angus stated that these projects are not in any priority order at this stage, but the County, may create there own priorities, based on completion of projects or their own criteria. Staff is requesting direction and input for the projects, at this time with a request for a priority list, created by Council, for final approval. At the request of Mayor Pro Tem McGill, the Community Development Director clarified that $25,000 should be enough for the Neighborhood Clean-up and can only be used in the area that qualifies. The City Manager also stated that it is possible to match funds with redevelopment money to expand the project. Council Member Keenan states that the majority of cost is actually setting the project up. CITY COUNCIL MINUTES JULY 10, 2000 Council Member Sondhi stated her concern that items 2 & 4 were denied last year and have not since changed. As the composition of the approving committee has not changed, and they will probably remember these items, she feels they may have the same level of acceptance. Council Member Sondhi was also interested in possibly adding a project, to move transitional motel tenants into rental housing. Ms. Angus and staff will look at this and all other recommendations. Mr. Importuna reiterated that staff will continue to monitor and examine available funding alternatives and apprise Council as developments warrants. WORKSHOP/CLOSED SESSION: At 6:00 p.m., the Mayor recessed the workshop meeting to enable the Council to convent in Closed Session in the Council Chamber Conference Room to discuss the following agendized items: LIABILITY CLAIMS (Government code Section 54956.95 Claimant: Alma Ramirez, Agency claimed against: City of Cypress. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by Mayor Piercy. PRESENT: Council Members Keenan, McCoy, Sondhi, Mayor Pro Tem McGill, Mayor Piercy. ABSENT: None Also present were City Manager Importuna, City Attorney Wynder, and staff members Angus, DeCarlo, Hensley, Liu, Sinn and Storey. PLEDGE OF ALLEGIANCE: McCoy. The Pledge of Allegiance was led by Council Member INVOCATION: The invocation was given by Mayor Pro Tem McGill. PRESENTATION: The Cypress Community Festival Committee Chairwomen, Ms. Linda Sunley introduced Treasurer, Todd Seymore and presented the Council with Festival souvenir items. 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 had met for a Workshop regarding the proposed Year 2001-2002 Community Development Block Grant (CDBG) Application. Some of the proposed projects include: Installation of ADA Curb Ramps Along Larwin Avenue, a Neighborhood Clean-up Program, Lincoln Avenue Economic Enhancement Program, City-wide Housing Rehabilitation Program and a Senior Transportation Services. Also discussed possibly changing the methodology in which the city receives it's annual allocation. Staff will report back to the Council with the discussions that have taken place with County Board of Supervisors and his respective staff and will finalize the recommendations for Public Hearing later in August. City Attorney Wynder advised that the City Council met in closed session to consider: LIABILITY CLAIMS (Government code Section 54956.95 Claimant: Alma Ramirez, Agency claimed against: City of Cypress. After briefing the Council of the 2 CITY COUNCIL MINUTES JULY I0, 2000 recommendation made by the city's 3rd party administrator, the Council unanimously directed the City Clerk to return the claim to the claimant with notice that the claim was untimely in the manner prescribed by law. No further action was taken nor solicited with respect to this item. 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. Mayor Piercy read a letter received from Cypress Community Festival Chairperson, Linda Sunley, thanking the Council for their support and assistance over the last 2 years, and extended an invitation to the event. Mayor Piercy responded and thanked Ms. Sunley and her entire committee for their hard work. AWARD OF CONTRACT: AWARD OF CONTRACT FOR 1999-2000 RESIDENTIAL STREET RESURFACING, PUBLIC WORKS PROJECT NO. 2000-02: The Public Works Director presented the staff report which described the project to resurface the residential streets located within Districts 22 and 23, and the west half of District 15. The Council approved plans and specifications for this project on May 8, 2000, and authorized staff to advertise the project for bid. Bids were opened in the Office of the City Clerk on June 6, 2000. It was recommended that Council determine the lowest responsible bidder for Public Works Project No. 2000-03 to be Excel Paving Co.; and award a contract for 1999-2000 Residential Street Resurfacing to Excel Paving Co. of Long Beach, in the amount of $460,494.10, which is the award amount of $418,631. plus 20% contingency. The Public Works Director assured Council Member Keenan, the work around Oak Knoll Park would not take place until after the Festival. Council Member Keenan also stated that we have used this contractor in the past with no problems. It was moved by Council Member Keenan, and seconded by Council Member Sondhi to determine the lowest responsible bidder for Public Works Project No. 2000-03 to be Excel Paving Co. and award a contract for 1999-2900 Residential Street Resurfacing to Excel Paving Co., 2230 Lemon Avenue, Long Beach, CA 90806, in the amount of $460,494.10 (award amount of $418,631 plus 20% contingency). The motion unanimously carried with the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy COUNCILMEMBERS: None COUNCILMEMBERS: None 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. Council Member Sondhi requested that Item No. 2, Approval of City Council Minutes of the Regular Meeting of June 26, 2000, be pulled from the Consent Calendar. It was moved by Council Member Keenan and seconded by Mayor Pro Tern McGill to approve the Consent Calendar, Items No. 2 through 12, with the exception of Item No. 2. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES JULY 10, 2000 AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy COUNCILMEMBERS: None COUNCILMEMBERS: None 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 COMMITTEE PERMIT NO. 2000-16, A REQUEST TO INSTALL ONE (1) BUILDING SIGN FOR MRL LOCATED AT 5785 CORPORATE AVENUE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-16 - with conditions. RESOLUTION NO. 5257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-16 WITH CONDITIONS. Item No. 5: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR EXECUTIVE AND MID-MANAGEMENT POSITIONS, AND SECRETARY TO THE CITY MANAGER. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, titles as follows, establishing salaries for Executive and Mid-Management Positions and the position of Secretary to the City Manager. RESOLUTION NO. 5258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, RESINDING RESOLUTION NO. 5109 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 5259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, RESINDING RESOLUTION NO. 5120 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR MID-MANAGEMENT POSITIONS. RESOLUTION NO. 5260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS 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 SECRETARY TO THE CITY MANAGER. Item No. 6: ADOPTION OF RESOLUTION ESTABLISHING "NO PARKING ANYTIME" AREA ADJACENT TO VILLA CYPRESS TOWNHOME COMPLEX, 5554- 5590 ORANGE AVENUE. 4 CITY COUNCIL MINUTES JULY 10, 2000 Recommendation: That the City Council adopt the Resolution by title only, title as follows, providing the installation of a "No Parking Anytime" area sixty-five (65) feet west and twenty (20) feet east of the driveway for the Villa Cypress Townhome complex (5554-5590 Orange Avenue). RESOLUTION NO. 5261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING "NO PARKING ANYTIME" AREA ADJACENT TO THE VILLA CYPRESS TOWNHOME COMPLEX, 5554-5590 ORANGE AVENUE. Item No. 7: ADOPTION OF RESOLUTIONS COMMENDING BOY SCOUTS SEAN DE BURGH, BRADLEY C. HICKEN, AND BRANDON D. PIERCE ON ATTAINING THF RANK OF EAGLE SCOUT. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scouts Sean De Burgh, Bradley C. Hicken, and Brandon D. Pierce on attaining the Rank of Eagle Scout. RESOLUTION NO. 5262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUTSEAN DE BURGH ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 5263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT BRADLEY C. HICKEN ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 5264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT BRANDON D. PIERCE ON A'I-FAINING THE RANK OF EAGLE SCOUT. Item No. 8: ADOPTION OF RESOLUTIONS COMMENDING GIRL SCOUTS DANIELLE MC BRIDE AND SANDRA MEALEY ON A'I-FAINING THE GOLD AWARD. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Girl Scouts Danielle McBride and Sandra Mealey on attaining the Gold award. RESOLUTION NO. 5265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING GIRL SCOUT DANIELLE MCBRIDE ON ATTAINING THE GOLD AWARD. RESOLUTION NO. 5266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING GIRL SCOUT SANDRA MEALEY ON ATTAINING THE GOLD AWARD Item No. 9: APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR REPLACEMENT Of FASCIA AT CITY HALL AND COUNCIL CHAMBERS, PUBLIC;, WORKS PROJECT NO. 9913. CITY COUNCIL MINUTES JULY 10, 2000 Recommendation: That the City Council approve Contract Change Order No. I to Austin/Jones Corporation for Public Works Project No. 9913. Recreation & Park District Matters: Item No. 10: APPROVAL OF INCREASE TO DISTRICT FEES FOR SPECIAL ACTIVITIES AND CLASSES, AS RECOMMENDED BY THE RECREATION AND COMMUNITY SERVICES COMMISSION ON JUNE 20, 2000. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the 5% fee increase proposed in Attachment A, as recommended by the Recreation and Community Services Commission on June 20, 2000. The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy COUNCILMEMBERS: None COUNCILMEMBERS: None Regarding Item No. 2, Approval of City Council Minutes of the Regular Meeting of June 26, 2000. Council Member Sondhi made changes to page 2, paragraph 2 of the minutes to read, "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" and on page 4, paragraph 6, the last two lines to read, "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." It was moved by Council Member Sondhi and seconded by Mayor Pro Tem McGill to approve the Minutes of the Regular Meeting of June 26, 2000, as amended. The motion carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN I COUNCILMEMBERS: Keenan, McCoy, Sondhi, and Piercy COUNCILMEMBERS: None COUNCILMEMBERS: None CQUNCILMEMBERS: McGill END OF CONSENT CALENDAR NEW BUSINESS: Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 43793 - 44028. It was moved by Council Member Keenan and seconded by Mayor Pro Tem McGill to approve the Warrant List for Warrants No. 43793 through 44028 in the amount of $863,737.38. The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy COUNCILMEMBERS: None COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. Mayor Piercy recessed the meeting at 7:19 p.m., to enable to Council to convene as the City of Cypress Redevelopment Agency. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. 6 CITY COUNCIL MINUTES JULY 10, 2000 PRESENT: ABSENT: Agency Board Members Keenan, McCoy, Sondhi, Agency Vice Chairman McGill, and Agency Chairperson Piercy. None item No. 17: SUPPPORT FOR AB1855 TO REPEAL THE SUNSET PROVISION OF COMMUNITY REDEVELOPMENT LAW. The Executive Director asked the Assistant to the City Manager to present this report in which staff is recommending that the Redevelopment Agency support AB1855 and authorize the Chair to sign a letter on the Agency's behalf and forward it to the appropriate legislators. Several provisions which affect the implementation of housing activities currently exist under Community Redevelopment Law, but are scheduled to sunset at the end of this year. After January 1, 2001, alternative provisions take effect which will not provide the flexibility currently available to provide housing for very Iow, Iow or moderate income persons or families. The existing provisions in place are more attractive to developers and more flexible for the City's Redevelopment Agency to administer. A bill has been introduced proposing legislation which repeals the sunset of the provisions indefinitely. These five provisions are: 1. The ability to meet the 15% inclusionary housing requirements. 2. The ability to count affordable units in one project area 3. The ability to exclude minor housing rehabilitation activities from this 15% inclusionary housing requirement. 4. The ability to acquire long-term affordability covenants. 5. The ability to permit sales of owner-occupied units restricted by covenants prior to the end of the land use controls. The Agency Vice Chairman McGill spoke in support of AB1855 as it gives us the greater flexibility to provide more affordable housing in the community, especially under Provision 1. It was moved by Agency Board Vice Chairman McGill and seconded by Agency Board Member McCoy to support AB1855 and authorize the Chair to sign a letter on the Agency's behalf and forward it to the appropriate legislators. The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 BOARD MEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy BOARD MEMBERS: None BOARD MEMBERS: None A copy of letter will be sent to the Board Members prior to the signature of the Chair. Agency Chairperson Piercy adjourned the meeting at 7:24 p.m. The Regular City Council Meeting was reconvened at 7:24 p.m. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Mayor Piercy requested reports from the Council Members on their respective committee assignments. Mayor Pro Tem McGill: Attended a Combined Legislative Breakfast by the Orange County Water District, Municipal Water District of Orange County and the Orange County Sanitation District. It was an extremely informative overview of the legislation that is currently pending in CITY COUNCIL MINUTES JULY 10, 2000 Sacramento, and also where these agencies are headed in relation to one another. Also attended by the Community Development Director. Also attended a retirement ceremony at the Phoenix Club for FirefightedOfficer Harry Gardekis, who spent 14 years at Station 12. Council Member Sondhi: Attended a luncheon meeting with a staff member of the Orange County Regional Airport Authority, allowing all board members to discuss future directions of the OCRAA and to talk strategy for future directions of the Agency. Council Member Keenan: Attended a special meeting as the City's representative for West Communication Committee for ongoing negotiations with the Employee group. This will be continuing. Council Member Keenan was also selected as the Chairperson of the West Communications Committee. Attended an Orange County Transportation Authority committee meeting. A study of the 4 corners area near Brea, where the 91/60/57 freeway traffic meet from the inland empire, had been completed. They presented their final report with suggestions of improvements to transport commuters to jobs in Orange County and also proposing ideas to get some of the corridor cities involved in the discussion along the centerline process. Attended an Orange County Transportation Board Meeting, where a presentation was given of a major study had been completed after one year, involving senior transportation. A summary has been made available to the Park and Recreation Director. The presenter was also asked to make the same presentation to our Senior Commission. The results of the West Orange County Rail Feasibility Study was presented to OCTA and was filed with the City Clerk for information. Mayor Piercy: Attended the Sanitation District meeting with subcommittee Operations and Maintenance. Reported on a recent 10,000 gallon sewage spill that went into the flood control from La Mirada area and closed Seal Beach. She spoke highly of the Sanitation District who took responsibility for the incident. An article in the Orange County Register reported that it was so refreshing to see a Public Agency that actually took responsibility for a mistake. She also reported that the Sanitation District is diligently searching for areas to ensure disposal of the Green Waste that comes from the sewage. This is an ongoing project Also that the Sanitation District is diverting the dry season runoff to the sewer system having closed the Santa Aha river and established berms. Attended the City's 4t" of July display in conjunction with Seal Beach and Los Alamitos. It was beautiful and a great turnout. The first women's US Olympic water polo team participated in a tournament at the Joint Forces training base. PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 11: PUBLIC HEARING REGARDING AMENDMENT NO. 3 TO CONDITIONAL USE PERMIT NO. 91-3, A REQUEST BY GRACE CHRISTIAN CHURCH TO CONVERT THE EXISTING MAINTENANCE BUILDING "F" FOR CITY COUNCIL MINUTES ZULY 10, 2000 EXISTING YOUTH MINISTRIES ACTIVITIES OF THE EXISTING CHURCH/SCHOOL FACILITY LOCATED AT 5100 CERRITOS AVENUE: The Mayor opened the public hearing. The Community Development Director presented the staff report of a request for conversion of a maintenance building to a Youth building at the Grace Church Site. A map and brief history was given regarding this application. On March 11, 1991, Conditional Use Permit No. 91-3 was approved allowing the construction of the church and private elementary school. On October 26, 1992 approval for a future secondary access was given. A second amendment was approved in January 8, 1996, to expand onto a 3.5 acre parcel containing a parking lot and a 7,500 square-foot maintenance building. On April 12, 1999, a third amendment was approved to convert the maintenance building for the existing youth ministries activities. However, due to financial constraints, the project was not built. The are now asking to add a small addition to the maintenance building and convert 2/3 of he building for the youth services. An explanation of the current activities and traffic impacts was presented. Conditions were reviewed as to the interior and exterior improvements that would need to added. Staff is recommending that City Council adopt the Resolution for approval of Amendment No. 3 to Conditional Use Permit No. 91-3, subject to the conditions in Exhibit "A" of the Resolution. Notices of this 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 project. At the request of Council Member Keenan, The Community Development Director reiterated that the environmental study did take into account that the potential new access would come in off of Walker Street. This was previously approved in 1992 and is located entirely on the property owned by Ewing Development. Staff has been in discussion with both the Church and Ewing as to the best access and will be addressed in the future. Mayor Piercy asked the applicant, if present, to come forward. Paul Hendrickson, the architect on behalf of Grace Church came forward to answer any questions. Mayor Piercy asked if thero 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 of the application. No one wished to speak in opposition of the application. Mayor Piercy closed the public hearing. It was moved by Mayor Pro Tem McGill and seconded by Council Member McCoy to adopt the Resolution for approval of Amendment No. 3 to Conditional Use Permit No. 91-3, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 5267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING REVISED AMENDMENT TO CONDITIONAL USE PERMIT NO. 91-3 - WITH CONDITIONS. Council Member Keenan commented that the use is appropriate and will actually maximize the usage of the site, over a longer amount of time, so that it is not so focused and concentrated during the day. He also stated that Grace Church has been a very good neighbor of the City. 9 CITY COtJNC1L MINUTES JULY 10, 2000 The motion carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN 1 COUNCILMEMBERS: Keenan, McCoy, McGill and Piercy COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Sondhi Item No. 12: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-02, TENTATIVE TRACT MAP NO. 16024 AND AMENDMENT TO ORANGE AVENUE SPECIFIC PLAN, A REQUEST TO CONSTRUCT 18 DETACHED SINGLE- FAMILY UNITS; SUBDIVIDE THREE (3) PARCELS INTO 19 PARCELS, AND AMEND THE ORANGE AVENUE SPECIFIC PLAN. The Mayor opened the public hearing. The Community Development Director presented the staff report which requests to construct 18 detached single-family units; subdivide 3 parcels into 19 parcels, and amend the Orange Ave. Specific Plan. A brief history of the project was given. In 1995 Phase 1, construction of 10 townhomes was completed by the Olson Company. This new project is known as Phase 2 and is 2.06 acres in size. The applicant is proposing a looped private street coming off of Orange Avenue and will provide gated access with 18 guest parking spots. The density is slightly higher at 8.7 units per acre. A visual presentation was given. The themes and architectural styles were presented. The project complies with the development regulation of the Cypress Zoning Ordinance. The Tentative tract map also complies with the California Subdivision Map Act and the City of Cypress Subdivision Ordinance. Staff is recommending that the City Council 1) 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 2) Adopt the Resolution approving the Orange Avenue Specific Plan Amendment; and 3) Adopt the Resolutions approving Conditional Use Permit No. 2000-02 and Tentative Tract Map No. 16024 subject to the conditions attached in Exhibit "A" and Exhibit "B".; and 4) Add condition of approval to the Conditional Use Permit and the Tract Map: The Developer shall install curb, gutter and 5' sidewalk on a radius at the east end of Ashbury Avenue to the satisfaction of the City Engineer. The parkway landscaping and irrigation shall be modified as necessary to accommodate these improvements. Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel and nearby properties that may be affected by the project. To date, staff has not received any communication regarding the proposed project. The Community Development Director clarified to Mayor Pro Tem McGill that the Tentative Tract is referring to net lot size not gross lot size. The Community Development Director responded to Council Member Keenan that the recommendation regarding a gated entrance was based on prior policy and decision. This gated design could not be accepted as a public street. She also clarified that there is no sidewalk, as indicated, with the exception of the interior sides. Mayor Piercy asked the applicant, if present, to come forward. Mr. Walter Bowman, 9922 Walker Street, Cypress, came forward and briefly outlined the project. Mr. Bowman introduced the architect, Mr. Renado Haug, 3821 Long Beach Blvd., Long Beach, CA who made clarifications and answered questions as requested. Council Member Keenan asked the applicant to describe the usage of the entrance gates. The applicant responded that residents would have a remote control for the gate and visitors would drive in, park and call a resident. Council Member McCoy is concerned with the limited space between each home. The applicant stated that the minimum setback requirements were met. They also organized the homes front to back so that the side walls contained no main windows. He also clarified that trash cans will be kept along the garage side with the enlargement of the garage door if necessary. 10 CITY COUNCIL MINUTES JULY 10, 2000 The Community Development Director clarified to Council Member Sondhi that the developer is asking for a six foot parkway adjacent to a four foot sidewalk, and that page D31 the wording "matching the existing conditions" is sufficient description without changing the Specific Plan, Page D32. The actual graphic is incorrect as it is reversed for Phase I and II. Therefore the numbering will need to be changed on Landscape Cross Sections, Exhibit 8, page D32. Landscaping will be maintained on Orange Avenue by the city if there are street trees. The Community Development Director reiterated at the request of Mayor Pro Tem McGill that the sidewalk and planters in the front area can be modified as needed by meeting with the applicant. 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 of the application. Ann Fowler, 4792 Ashbury Avenue, Cypress, stated that she was not noticed, but the builder brought the plans to her home. She states that she would like to have Ashbury opened and she does not like the entry gate parking lot, and the density of the project. Kathie Fink, 4852 Ashbury Avenue, a Cypress resident of 30 years, is concerned that there are too many homes on this small piece of land. She states parking, traffic, and overcrowding and classroom sizes at Lexington Junior High School and Cypress High are also issues. Eric Pomeroy, an Ashbury resident, stated that he is also concerned about the parking situation. He doesn't believe there will be enough parking on the street for visitors. Marcia Gilmore, 4861 Ashbury Avenue, Cypress stated that her block wall will be adjacent to the property and is concerned about the knocking down the wall on Ashbury and the storm drain if you open up the street. The applicant briefly responded to the opposition stating that there will be more than adequate parking, providing 90 parking spaces for 18 homes. Mayor Piercy closed the public hearing. Council Member McCoy commented that "in fill" projects are a concern when working with a greater density. He feels that the design of the homes are great and that it should take the same look or feel of our community. He would also like to see the project without the entrance gate. Mayor Piercy stated that at today's cost of land, if this was on an "in fill" project, that no one would be able to afford a home. She also reiterated that the parking was carefully looked at in this project. Council Member Sondhi commented that the architect and the planning of the project had been very thoughtful and commendable. She does not believe there should be an entrance gates. She thanked Mr. Bowman for making available a full set of the plans in advance. Council Member McCoy states that his main concern is that gate access should be on both sides of the house as there is only 3' between the fireplace and the blockwall to move items in and out. He also believes that there should be a buffer landscape against the front wall. The doorway leading to the garage should be larger to accommodate the Cypress trash cans. 11 CITY COUNCIL MINUTES JULY 10, 2000 Council Member Keenan reminded everyone that smaller containers are available to everyone. He is also opposed to the gated community. Further discussion ensued. The Community Development Director and the City Attorney assured the Council that the landscaping issues, opposition to entrance gates, gated access to both side yards and garage door width to accommodate trash cans could all be conditioned. Further discussion ensued. It was moved by Mayor Pro Tem McGill and seconded by Mayor Piercy to 1)Adopt the Mitigated Negative Declaration, De Monitoring Program in accordance with the Environmental Quality Act (CEQA); and Minimis Findings, and Mitigation requirements of the California 2) Adopt the Resolution approving the Orange Avenue Specific Plan Amendment; and 3) Adopt the Resolutions approving Conditional Use Permit No. 2000-02 and Tentative Tract Map No. 16024 subject to the conditions attached in Exhibit "A" and Exhibit 4) Add condition of approval to the Conditional Use Permit and the Tract Map: The Developer shall install curb, gutter and 5' sidewalk on a radius at the east end of Ashbury Avenue to the satisfaction of the City Engineer. The parkway landscaping and irrigation shall be modified as necessary to accommodate these improvements; and 5) Add provisions made by the City Attorney to include: the requirement for an entry gate be deleted, that all side yards be gated of a sufficient width to allow a standard size trash container to pass through, that the side garage door be of a sufficient width to allow a standard size trash container to pass through, and that the front end landscaping features come back for further Council approval through the Design Review Process. RESOLUTION NO. 5269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENTS O THE ORANGE AVENUE SPECIFIC PLAN, PERMITTING AN INCREASE IN THE DENSITY OF PHASE 2 OF THE SPECIFIC PLAN AND REVISIONS TO THE DEVELOPMENT CRITERIA RESOLUTION NO. 5269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-02 - WITH CONDITIONS RESOLUTION NO. 5270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16024 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, McGill and Piercy COUNCILMEMBERS: Sondhi COUNCILMEMBERS: None 12 CITY COUNCIL MINUTES JULY 10, 2000 Mayor Piercy recessed the meeting at 9:40 p.m. and reconvened at 9:50 p.m. Item No. 13: PUBLIC HEARING REGARDING TENTATIVE PARCEL MAP NO. 98-143, a REQUEST TO SUBDIVIDE ONE (1) PARCEL INTO THREE (3) PARCELS ON THF PROPERTY LOCATED AT 4941 KATELLA AVENUE WITHIN PLANNING AREA 6 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN AREA: The Mayor opened the public hearing. The Community Development Director presented the staff report which described a Conditional Use Permit to subdivide one existing parcel into three parcels. Staff is recommending that the City Council approve the attached Resolution approving Tentative Parcel Map No. 98-143 subject to the Conditions attached in Exhibit "A". Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. Mayor Piercy asked the applicant, if present, to come forward. Rick Morey of CB Richard Ellis, representing FJC, came forward to answer any questions. 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 of the application. No one wished to speak in opposition of the application. Mayor Piemy closed the public hearing. It was moved by Council Member Keenan and seconded by Council Member McCoy to approve the Resolution approving Tentative Parcel Map No. 98-143 - with conditions. RESOLUTION NO. 5271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 98-143 - WITH CONDITIONS The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 1 BOARD MEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy BOARD MEMBERS: None BOARD MEMBERS None Item No. 14: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-09, A REQUEST TO CONSTRUCT A SECOND-STORY BALCONY TO THF REAR OF AN EXISTING RESIDENCE LOCATED AT 11603 HALAWA LANF: The Mayor opened the public hearing. The Community Development Director presented the staff report which described a Conditional Use Permit request to construct a second- story balcony to the rear of an existing residence. Staff is recommending to adopt the Resolution for approval of Conditional Use Permit No. 2000-09 - with conditions. Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The Community Development Director clarified a door to roof access for Mayor Piercy and clarified for Council Member Keenan that the reason for a Public Hearing is that this is a privacy issue. 13 CITY COUNCIL MINUTES JULY 10, 2000 The Mayor asked the applicant, if present, to come forward. The applicant, Mr. Gianni Romani, 11603 Halawa Lane, came forward to answer any questions. 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 of the application. No one wished to speak in opposition of the application. Mayor Piercy closed the public hearing. It was moved by Mayor Pro Tem McGill and seconded by Council Member Keenan to adopt the Resolution for approval of Conditional Use Permit No. 2000-09 with conditions. RESOLUTION NO. 5272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-09 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 Item No. 15: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy None None PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINENANCE DISTRICT NO. 1 FOR FISCAl YEAR 2000-01, CITY OF CYPRESS PROJECT NO. 8615-90. Mayor Piercy opened the public hearing. The Director of Public Works presented the staff report in which the adoption of the resolution will provide for assessments on Cypress Business Park properties which abut the channel so that maintenance of the berm can continue during Fiscal Year 2000-01. Affidavits of posting and publication of the public hearing notices are on file in the office of the City Clerk. The Finance Director clarified at the request of Council Member Keenan that additional money was put in to this project to do additional maintenance. Any additional funds would have to be approved under the Proposition 218 vote. The Mayor asked the applicant, if present, to come forward. The applicant, Mr. Gianni Romani, 11603 Halawa Lane, came forward to answer any questions. Mayor Piercy asked if there was anyone who wished to speak in favor of the project. No one wished to speak in favor of the project. Mayor Piercy asked if there was anyone who wished to speak in opposition of the project. No one wished to speak in opposition of the project. Mayor Piercy closed the public hearing. It was moved by Council Member Sondhi and seconded by Council Member McCoy to adopt the resolution ordering the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2000-01, pursuant to the Landscaping and Lighting Act of 1972. 14 CITY COUNCIL MINUTES JULY I0, 2000 RESOLUTION NO. 5273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2000- 01, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGill and Piercy COUNClLMEMBERS: None COUNCILMEMBERS: None ORAL COMMUNICATIONS: ForMatters Not on the Agenda. Council Member McCoy recommended that staff come back within 60 days with recommendations for an alternative to the Wicker Drive property. Council Member Keenan informed that in Saturday's Orange County Register, Show Section, our Cypress Concert on the Green was on the cover with a great article and several pictures. He also reminded everyone to come out to the festival and that the Dare Auction has great donations from businesses. Council Member Sondhi requested a possible workshop to talk about strategy, overall planning, consideration and direction for the remaining vacant property near Katella Avenue/Racetrack area to include the property owners, and all vested interest parties. Mayor Piercy also reminded everyone to attend the festival. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No items were presented. ADJOURNMENT: Mayor Piercy adjourned the meeting at 10:18 p.m. to Monday, July 24, 2000, at 5:30 p.m. in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. MAYOR OF THE CITY OF CYPR~S,,,~ ATTEST: 7 (~ CLERK OF ~"I~E ~ITY d'F CYPRESS 15