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Minutes 2000-08-28MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August28,2000 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Anna Piercy in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McCoy, Sondhi, Mayor Pro Tern McGill, Mayor Piercy ABSENT: None Also present were City Manager Importuna, City Attorney Wynder, and staff members Alice Angus, Ted Commerdinger, John Hensley, Ida Ruiz, Jeff Sinn and Richard Storey. WORKSHOP/CLOSED SESSION: A workshop was presented to the City Council by the City Manager and the Community Development Director on the Los Alamitos Race Track and Golf Course Redevelopment Project Area Masterplan, in which staff is asking direction to prepare an action plan to create a revised Masterplan for the area. Since the adoption of the Project Area and Specific Plan over 10 years ago, less than 10% of business park development has occurred on the property. Originally, the entire property was owned by Cypress Development, but has since changed. The current property ownership and current development was shown by the Community Development Director. The remaining vacant acreage is considered a key asset for the future economic development of Cypress. Proper development of the area has the potential to generate significant returns to both the Cypress Redevelopment Agency and the City of Cypress. Any significant change to the allowable land uses would necessitate an amendment to the various plans and therefore staff is recommending that Council direct staff to prepare an action plan to create a revised Masterplan for the area. At the request of Council Member Keenan, the Community Development Director defined the areas of parking. The specific plan was adopted in 1990, and at that time approximately 5600 parking spaces were needed. Approximately five years ago, another study was completed and actually at the time only 4000 parking spaces were required and therefore the City amended the specific plan. Any change now would require an additional study to review future parking concerns. A possible joint use parking could be looked at if a retail/restaurant component was initiated. Mayor Pro Tem McGill likes the initial focus, reviewing these properties now, and seeing some sort of Master plan designed for the buildings instead of a hodgepodge of colors and types. Mayor Piercy agrees and believes that overall planning will provide a better outcome and states she behind staff to create a revised Masterplan. It was the unanimous consensus of the Council to direct staff to prepare an action plan to create a revised Masterplan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. At 6:00 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 items: CtTY COUNCIL MINUTES AUGUST 28, 2000 LIABILITY CLAIMS (Government Code Section 54956.95), Claimants: David, Kristen & Megan Quitmeyer, Agency claimed against: City of Cypress. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6), Agency negotiator: Richard Storey, Employee Organizations: Cypress Police Management Association and Cypress Police Officers Association 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, Commerdinger, DeCarlo, Hensley, Ruiz, Sinn and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Piercy. INVOCATION: The invocation was given by City Attorney VVynder. PRESENTATION: A presentation of a Certificate of Appointment was made to Cultural Arts Commissioner Ron Hoshi, by Mayor Piercy. Mr. Hoshi thanked the Council for their support and stated his commitment to the City. REPORT OF CLOSED SESSION AGENDA/WORKSHOP: 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 Los Alamitos Race Track and Golf Course Redevelopment Project Area Masterplan at the northwest corner of Walker and Katella. The intent of the feasibility study is to look at the possibility to create one integrated master plan for overall development and to look at the possibility to create a viable economic project that may be commercial in nature. Staff will be coming back to Council at a future date to keep abreast of progress and work with the landowners as necessary. City Attorney Wynder advised that following the workshop the City Council met in Closed Session. At that time, the Council met and conferred regarding a claim against the City from David, Kristen and Megan Quitmeyer, pursuant to Government Code Section 54956.95. After review, the unanimous consensus of the Council was to reject the claim. The second item in closed session which was scheduled to be a conference with the Cypress Police Officers Association did not occur because, to date, no response had been received from CPOA to the City's last offer. 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. CITY COUNCIL MINUTES AUGUST 28, 2000 Nick Babani, 5648 Pine Court, Cypress, first approached the podium, stating his concerns about item No. I on the agenda regarding a Public Works Project on Ball Road. He spoke on behalf of his neighbors near Morris School and the Cypress apartments east of Valley View St. He states a problem exists in making a left turn on Ball Road from Graham Street. As there have been several accidents lately, he asked that a divider be installed to assist in make the left turn. Ken Rempel, 8642 Cypress Ave., Cypress, next approached the podium, stating his concerns regarding the towing contract that is up for renewal. He noticed that Cypress Towing also contracts with the City of Buena Park and he believes the contract should be divided between two or more towing services to benefit the residents. He was also concerned with another Claims Liability case in tonight's closed session stating that he believes that this is the 2® lawsuit in two years. AWARD OFCONTRACT: Item No. 1 AWARD OF CONTRACT FOR BALL ROAD IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 9840, AND WALKER STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 9841: The Director of Public Works presented the staff report, which described the project for improvements from Ball Road to Bloomfield Street to Holder Street and rehabilitation on Walker Street from Cerritos Avenue to Katella Avenue. The City has been awarded matching federal funding for these two projects. On July 25, 2000, bids were opened and All American Asphalt was the apparent Iow bidder. Staff has also solicited and received proposals to provide construction inspection services for this project. Upon review, staff determined the firm of Harris and Associates to be the best qualified to perform the inspection services. Construction is anticipated to begin by the end of September and last through December 2000. Staff is recommending that Council: 1) 4) 5) Determine the lowest responsible bidder for Public Works Project Nos. 9840 and 9841 to be All American Asphalt, P.O. Box 2229, Corona, California 92878-2229; and Award a contract for Construction of Ball Road Improvements and Walker Street Rehabilitation in the amount of $1,562,112 (bid amount of $1,358,358 plus 15% per cent contingency) to All American Asphalt; and Award a contract for Construction Inspection Services of Ball Road Improvements and Walker Street Rehabilitation, to Harris and Associates, 34 Executive Park, Suite 150, Irvine, California 92614-4705, in the amount of $47,250; and Approve transfer of funds in the amount of $533,127 from the unreserved fund balance of the City General Fund to the Capital Improvement Fund; and Appropriate $533,127 from the Capital Improvement Fund Balance to Account No. 4186-11-831-21 for the Ball Road Improvement project; and Approve an agreement with the City of Buena Park for sharing the cost of improvements on south side of Ball Road between Valley View Street and Holder Street, which lies within the boundary of Buena Park. At the request of Council Member Sondhi, the Director of Public Works stated that he anticipates the City of Buena Park will reimburse us in the range of $35,000 for their portion of this project. The Director of Public Works clarified that this amount is included in the total amount of the contract, and includes landscape and hardscape. Council Member Keenan inquired as to the need to contract an inspection service. The Director of Public Works states that with such a large job, our only Public Works inspector would not be able to handle this job with his current work load. The Director of Public Works also stated that he has worked with this company in the past and had always been satisfied with their work. In reference to the Oral communication earlier, Council Member Keenan asked if the current specifications would provide an additional left turn lane at Graham Street. The Director of Public Works stated that the current design did not provide for a storage lane at Graham but that the raised center medians will allow some CITY COUNCIL MINUTES AUGUST 28, 2000 sort of protection for a short time. He also stated that speed should be reduced by the installation of the medians. Mayor Piercy asked the Director of Public Works to make a note to check that there is actually a left turn lane, to exit from Graham, due to the extensive traffic at certain times of the day. It was moved by Council Member McCoy and seconded by Mayor Pro Tem McGill to: 1) 4) 5) Determine the lowest responsible bidder for Public Works Project Nos. 9840 and 9841 to be All American Asphalt, P.O. Box 2229, Corona, California 92878-2229; and Award a contract for Construction of Ball Road Improvements and Walker Street Rehabilitation in the amount of $1,562,112 (bid amount of $1,358,358 plus 15% per cent contingency) to All American Asphalt; and Award a contract for Construction Inspection Services of Ball Road Improvements and Walker Street Rehabilitation, to Harris and Associates, 34 Executive Park, Suite 150, Irvine, California 92614-4705, in the amount of $47,250; and Approve transfer of funds in the amount of $533,127 from the unreserved fund balance of the City General Fund to the Capital Improvement Fund; and Appropriate $533,127 from the Capital Improvement Fund Balance to Account No. 4186-11-831-21 for the Ball Road Improvement project; and Approve an agreement with the City of Buena Park for sharing the cost of improvements on south side of Ball Road between Valley View Street and Holder Street, which lies within the boundary of Buena Park. 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 Item No. 2 AWARD OF CONTRACT FOR PERSONAL COMPUTERS AND MONITORS: The Director of Finance and Administrative Services presented the staff report for the upgrade of the City's computer system with the replacement of 88 computers in City Hall and 118 monitors. These old systems are causing staff problems and lost productivity during the course of the workday. The installation of new systems is in keeping with the replacement schedule as outlined in the City's Council adopted Information Systems Strategic Plan. Staff is recommending that the City Council approve the award of contract for 88 personal computers to GST, Inc., for an amount not to exceed $98,954.74, and approve the award of contract for 118 monitors to Software House International, for an amount not to exceed $32,294.83. Council Member McCoy agreed with the need to keep our computers up to date in critical areas. He feels that if the computers are only being used for word processing, he does not see the need to go from 133 MHz to a 650 MHz Pentium. The Director of Finance and Administrative Services explained that City Hall has a wide variety of uses and needs in each department. The focus is to standardize the software and hardware throughout the city. At the request of Council Member Sondhi, the Information Systems Manager, Don Casados stated that currently we have no maintenance agreements. Repairs are done off site on a time and material basis. When upgrading the Police Departments computers an onsite warranty agreement was established which he has found beneficial to the City. Mr. Casados reiterated that the philosophy is standardization and that the current computers are failing on a regular basis. The Director of Finance and Administrative Services responded to Mayor Pro Tem McGill that the age of the computers are 4 years old. The new maintenance 4 CITY COUNCIL MINUTES AUGUST 28, 2000 agreements will be a 3 year agreement onsite which will coincide with our Strategic Plan. In reference to phasing in computers as needed, Council Member Keenan stated that he feels that it is important to upgrade the equipment now as the City of Cypress should not be behind the times. It was moved by Council Member Keenan, and seconded by Council Member Sondhi to approve the award of contract for 88 personal computers to GST, Inc., 17707 Valley View, Cerritos, CA 90701, for an amount not to exceed $98,954.74, and award of contract for 118 monitors to Software House International, 12452 Santa Rosalia, Garden Grove, CA 92841, for an amount not to exceed $32,294.83. Don Casados responded to Council Member McCoy that the old computers will be donated to the local High School. The Director of Finance and Administrative Services also responded that leasing these computers would provide no real cost effective benefit. If the City is in a poor financial state in three years, the purchase of new computers could be delayed to 5 years if necessary, rather than being forced to either lease or purchase again in 3 years. He also stated that the City is not replacing any items we recently purchased in December. At the request of Mayor Pro Tem McGill, Don Casados stated that the new computers will be compatible to the GIS and that we have the capability to upgrade memory as necessary. Mayor Piercy commented on the importance of standardization throughout City Hall. 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 McCoy requested that Item No. 9, Adoption of Police Department Canine, be pulled from the Consent Calendar. It was moved by Council Member Keenan, and seconded by Council Member Sondhi, to approve the Consent Calendar, Items No. 3 through 10, with the exception of Item No. 9 and with Mayor Piercy abstaining from Item No. 3. 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 Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING OF AUGUST 14, 2000. Recommendation: That the City Council approve the Minutes of the Regular Meeting of August 14, 2000, as submitted, with Mayor Piercy abstaining on the Minutes, due to her absence at the meeting. 5 CITY COUNCIL MINUTES AUGUST 28, 2000 Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: PROCLAIMING SEPTEMBER 18-24, 2000, AS "NATIONAL POLLUTION PREVENTION WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim September 18- 24, 2000, as "National Pollution Prevention Week" in the City of Cypress. Item No. 6: APPROVAL OF DESIGN REVIEW COMMI'I-FEE PERMIT NO. 2000-20, A REQUEST TO CONSTRUCT A MASONRY HANDBALL WALL AT THE HOLY CROSS LUTHERN CHURCH AND SCHOOL LOCATED AT 4321 CERRITOS AVENUE IN THE RS-6,000 RESIDENTIAL SINGLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-20 with conditions. RESOLUTION NO. 5291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-20 WITH CONDITIONS. Item No. 7: ADOPTION OF AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT TO RECEIVE MATCHING FUNDS FROM THE COOPERATIVE PROJECT PROGRAM FOR PREPARING CITY'S SEWER MASTER PLAN, PUBLIC WORKS PROJECT NO. 2000-06. Recommendation: That the City Council 1) Approve the attached agreement with Orange County Sanitation District to receive matching funds from the Cooperative Project Program for preparing City's Sewer Master Plan, Public Works Project No. 2000-06, subject to approval of revised sections 5 and 7 by Orange County Sanitation District, attached as Attachment B-l; and 2) Authorize the Mayor to execute the agreement; and 3) Approve an appropriation in the amount of $75,000 from the unreserved fund balance of the sewer fund to Account No. 4187-41-436-24; and 4) Approve an increase in the estimates revenues for the Sewer fund (Other Grants Accounts 3524-11) in the amount of $37,500; and 5) Authorize staff to solicit proposals for preparation of Sewer Master Plan. Item No. 8: ACCEPTANCE OF FINAL TRACT MAP NO. 16024. PROPERTY LOCATED AT 4871-4911 ORANGE AVENUE. Recommendation: That the City Council approve Final Tract Map No.16024. Property located at 4871-4911 Orange Avenue. Item No. 10: REVIEW OF MONTHLY INVESTMENT REPORT FOR THE MONTH ENDED JULY 31,2000. Recommendation: Receive and file. Regarding Item No. 9, Adoption of Police Department Canine. Council Member McCoy inquired about the replacement of the canine. He states that the new Belgian Malinois breed has been used frequently as they have a strong drive and are more aggressive in their searches. The Police Chief stated that it is a possibility that we would get this breed as the City would replace Asco with the best dog available, at the time, from the kennel. 6 CITY COUNCIL MINUTES AUGUST 28, 2000 It was moved by Council Member McCoy and seconded by Council Member Keenan to authorize the adoption of Canine Asco, upon his retirement, to Officer Kenneth Ramsey for the amount of one dollar ($1.00). The adoption will transfer full ownership, title, and responsibility for Asco to Officer Kenneth J. Ramsey. Council Member Keenan commended Asco for doing a tremendous job for the City and stated that the City is sad to see him go. 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 END OF CONSENT CALENDAR 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 CONDITIONAL USE PERMIT NO. 2000-12, TENTATIVE TRACT MAP NO. 16093, AND LINCOLN AVENUE SPECIFIC PLAN AMENDMENT NO. 1; A REQUEST TO CONSTRUCT NINETEEN (19) CONDOMINIUM UNITS, COMBINE TWO (2) PARCELS INTO ONE (1) PARCEL, AND AMEND THE LINCOLN AVENUE SPECIFIC PLAN TO INCREASE THE MAXIMUM FRONT SETBACK FROM TEN FEET (10') TO TWENTY FEET (20') FOR RESIDENTIAL DEVELOPMENTS IN THE CV CAMPUS VILLAGE DISTRICT. The Community Development Director presented the staff report in which two lots on Lincoln Avenue, north of Cypress College will be used to construct nineteen condominium units. A request to combine two parcels into one parcel and amend the Lincoln Avenue Specific Plan due to an extension of the setback were also explained. This area has been designated for CV Campus Village District. There is an emphasis as commercial or medium to high density residential area. The site plan, floor plans and architectural style were reviewed by the Community Development Director and shown in detail. She stated that the onsite parking will exceed the City's current code by two stalls and that the trash will be a common facility, with pick being provided by the hauler on site. Concerns with the drainage were addressed and the Community Development Director stated that several conditions were attached to improve the swale. An initial environmental study was found to have no significant impact on this project. Staff is recommending that the City Council adopt the Mitigated Negative Declaration, De Minimis Findings, and the Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA) and approve an Ordinance adopting the Lincoln Avenue Specific Plan Amendment No. 1 and adopt Resolutions approving Conditional Use Permit No. 2000-12 and Tentative Tract Map No. 16093, with conditions. Notices of the intent to file a Negative Declaration and notification of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has received three telephone inquiries relating to information on the proposal only and no opposing comments were received in response to the Notice of Intent mailing. No further communication regarding the proposed project has been received. At the request of Mayor Pro Tem McGill, the Community Development Director discussed the drainage of the project site. There is a drainage swale that does run along the Cypress College property that will benefit this site. The developer will work with Cypress College to pay for improvements needed to use this swale. The Community Development Director also responded to Mayor Piercy that the drainage swale is college property. Council Member Keenan inquired as to who will maintain the landscaping on Lincoln Avenue. The Community Development Director stated that landscaping issues would 7 CITY COUNCIL MINUTES AUGUST 28, 2000 be included in the CCR's to be maintained by the homeowner's association. Bonds will be posted for the installation and maintenance of such landscape. The Community Development Director responded to Council Member Sondhi that real estate divided by airspace is what specifies the definition of condominiums. It references the type of map that is filed, legally for real estate purposes. The Community Development Director assured Council Member McCoy that this project would not conflict with the drainage of the 36 units adjacent to this property. At the request of Council Member Sondhi, the Community Development Director discussed the shared walls between the two developments and reiterated that staff will coordinate and encourage each development to work together to share costs, etc. A condition to build block wall is included. Mayor Piercy opened the public hearing. Mayor Piercy asked the applicant, if present, to come forward. Ms. Donna Chessen, Chessen & Associates, 458 Pinehurst Crt, Fullerton, CA, came forward representing the owner, Mr. Jim Burisik of Brandywine Development. She gave a brief background of the developer and the past history of construction projects built by his company. The Architect, Mr. Dennis Wilkinson, Wilkinson Associates, Irvine, CA, also came forward to answer any questions of the project. 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 Council Member Sondhi and seconded by Council Member McCoy to: Adopt the Mitigated Negative Declaration, De Minimis Findings, and the Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and Approve an Ordinance adopting the Lincoln Avenue Specific Plan Amendment No. 1; and Adopt Resolutions approving Conditional Use Permit No. 2000-12 and Tentative Tract Map No. 16093, subject to the conditions attached in Exhibit "A" and Exhibit RESOLUTION NO. 5292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-12 WITH CONDITIONS. RESOLUTION NO. 5293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16093 WITH CONDITIONS. CITY COUNCIL MINUTES AUGUST 28, 2000 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 Item No. 12: PUBLIC HEARING REGARDING A REQUEST TO APPROVF GENERAL PLAN AMENDMENT NO. 2000-01, ZONE CHANGE NO. 2000-01, THF GRINDLAY/ORANGE SPECIFIC PLAN, CONDITIONAL USE PERMIT NO. 2000-13, AND TENTATIVE TRACT MAP NO. 16052, RELATED TO THE DEMOLITION OF A PORTION OF AN EXISTING OFFICE BUILDING AND CONSTRUCTION OF NEW PARKING LOT AREA LOCATED AT 9461 GRINDLAY STREET AND THF CONSTRUCTION OF NINE (9) DETACHED CONDOMINIUMS ON THE PROPERTY LOCATED AT 5201 ORANGE AVENUE.: The Community Development Director presented the staff report, which Conditional Use Permit No. 2000-13, Tentative Tract Map No. 16052, General Plan Amendment No. 2000-01, and Zone Change No. 2000- 01 represent a request by Roy Ward of Mertco Inc. to demolish a portion of an existing office building and subdivide the west portion of the site (5201 Orange Avenue) into ten (10) lots for the purpose of constructing nine detached residential condominium units. The subject site consists of the properties located at 5201 Orange Avenue and 9451/9461 Grindlay Street within the OP Office Professional Zone. Included is a request for the approval of a Specific Plan to allow the mixed use development on the subject properties, and a lot line adjustment that will shift the property line between the two properties to accommodate the residential development. The Community Development Director discussed proposed improvements to an existing office building and parking, garages, wall heights and trash issues at the new proposed condominiums. Staff is recommending that the City Council adopt the Mitigated Negative Declaration, De Minimus Findings, and Mitigation Monitoring Program for the proposed project in accordance with the requirements of the California Environmental Quality Act and adopt a Resolution approving General Plan Amendment No. 2000-01 and approve for first reading an ordinance approving Zone Change No. 2000-01 and the Grindlay/Orange Specific Plan and adopt a Resolution approving Conditional Use Permit No. 2000-13, and Tentative Tract Map No. 16052, with conditions. Notices of the public hearing and the Notice of Intent to file a Negative Declaration were mailed to all property owners located within 300 feet of the subject properties. To date, staff has received one inquiry to review the plans of the project. After review, the neighbor expressed concerns regarding loss of privacy and security and the potential increase in light and glare from the Los Alamitos Race Course lights. Council Member Keenan questioned the enforcement of condition #62 which restricts long term parking (spaces). The Community Development Director stated that this is enforceable on a complaint basis. Council Member Sondhi stated her concerns with parking, noting that the two floor plans are defined with a 3 bedroom and 4 bedroom plan that can be converted to a 5 bedroom plan. Will the 3 car garage be sufficient? The Community Development Director stated that in addition to the 3 car garages the office building will have no evening hours, therefore allowing overflow parking at that site. The Community Development Director responded to Mayor Piercy that parking is restricted per the fire department in front of garages. Mayor Piercy opened the public hearing. Mayor Piercy asked the applicant, if present, to come forward. Mr. Roy Ward, Mertco Inc., the developer came forward and commended the staff for their continued help on this project. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. 9 CITY COUNCIL MINUTES AUGUST 28, 2000 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. Not speaking against the application, a Mr. John T. Blum, 5188 Sowma Way, Cypress, questioned the uniformity of the back wall, and stated that the residences behind this project should have an eight foot wall, for the noise factor. He also questioned whether the current tenant in the building (Abortion clinic) will remain there and if the price range of these new homes will effect of the value of his home. He also stated concerns regarding parking. Mr. Roy Ward responded that he will continue to work with the neighbors to agree upon a compromise on the back wall. As to the abortion clinic, they are on a month to month tenancy, but as to the future of the tenancy, was not in a position to say more. The price range of the new homes will be in the Iow $300,000. Mr. Ward addressed the parking issue and stated he had no objection to the shared parking. The Community Development Director responded to Council Member Keenan that trash cans were requested for each individual home and the hauler will pick up onsite. At the request of Council Member Sondhi, the Community Development Director affirmed the proposal that the condition be re-worded for the back wall height to be 8 ft. but to continue to work with the property owners as 3 out of the 5 residences wanted an 8 foot wall. She stated that uniformity of the project was the reason staff originally proposed the 6 foot wall. Mayor Piercy agrees that the wall should be 8 ft. if the majority of homeowners requested the same. Mayor Pro Tem McGill complimented the development and reiterated that he is not a fan of a T-bone development, but in this case sees a good development before Council. He states that if the shared parking agreement is approved, he agrees that this development should be approved. Council Member McCoy shared a concern that the City would not want an agreement to have a storage lot in the office building parking. Therefore preventative restrictions should be in place regarding shared parking. Mayor Piercy reiterated that parking would be after business hours and weekends. The Community Development Director suggested adding a condition #91 that the applicant/developer should not prohibit the residential property owners use of the office property during after hours and on weekends for the purpose of overflow parking and that residential property owners shall not be allowed to use the office parking lot for vehicle storage in excess of 24 hours. She also recommended a change to Condition #42 regarding the back wall height, and to add language that the northern property wall should be built to 8' in height for the 4 properties which agreed to that, and encourage the other property owner to also continue at 8' high for the remaining property. Further discussion ensued. The Community Development Director discussed landscaping at the request of Council Member Sondhi. The proposed wall is setback, leaving a 5' strip adjacent to the sidewalk. There is a condition in place for street trees and landscaping. Within the body of the development, there is landscaping at the entry with driveway and individual landscaping to be provided by individual homeowners. Council Member Keenan commended this development. 10 CITY COUNCIL MINUTES AUGUST 28, 2000 Mayor Piercy closed the public hearing. It was moved by Council Member Keenan and seconded by Mayor Pro Tem McGill to: ]) Adopt the Mitigated Negative Declaration, De Minimus Findings, and Mitigation Monitoring Program for the proposed project in accordance with the requirements of the California Environmental Quality Act; and 2) Adopt a Resolution approving General Plan Amendment No. 2000-01; and 3) Approve for first reading an ordinance approving Zone Change No. 2000-01 and the Grindlay/Orange Specific Plan; and 4) Adopt a Resolution approving Conditional Use Permit No. 2000-13, and Tentative Tract Map No. 16052, subject to the conditions of approval; and 5) Amend Condition t/42 to state that the Northerly wall will be eight feet in height for the four adjacent properties and 6' for one adjacent property; and 6) Amend condition #91 to read "The applicant/developer should not prohibit the residential property owners use of the office property during after hours and on weekends for the purpose of overflow parking. Residential property owner shall not be allowed to use the office parking lot for vehicle storage in excess of 24 hours." RESOLUTION NO. 5294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN AMENDMENT NO. 2000-01, CHANGING THE GENERAL PLAN CLASSIFICATION OF THE PROPERTIES LOCATED AT 5201 ORANGE AVENUE AND 9451/9461 GRNDLAY STREET FROM GENERAL NEIGHBORHOOD COMMERCIAL TO PLANNED COMMUNITY WITH AMENDED CONDITIONS #42 & #91 RESOLUTION NO. 5295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-13 -WITH CONDITIONS. RESOLUTION NO. 5296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16052 - WITH CONDITIONS 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 NEW BUSINESS: Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 44450-44688. It was moved by Council Member McCoy and seconded by Council Member Keenan to approve the Warrant List for Warrants No. 44450 through 44688 in the amount of $1,182,152.19. The motion unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNClLMEMBERS: 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. 11 CITY COUNCIL MINUTES AUGUST 28, 2000 Item No. 14: APPROVAL OF ESTABLISHMENT OF A POLICY THAT REGULATES SPONSOR SIGNS AT THE CITY OWNED ROLLER HOCKEY RINK LOCATED AT ARNOLD/CYPRESS PARK. The Recreation and Parks Director presented the staff report in which it had been previously determined that the Roller Rink advertisement program be implemented on a one-year trial basis. The fee would be $350 charged annually or $100 quarterly with the advertiser paying to also install, maintain and remove advertisement at the end of the contract. Artwork would be approved by the city prior to issuance of a Temporary Use Permit. Staff is recommending that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve establishment of a policy that regulates sponsor signs at the City owned Roller Hockey Rink located at Arnold/Cypress Park for a one- year trial period. Council Member Keenan acknowledged the presence of Council Member Paul Walker, from the City of La Palina, in the audience and noted that he feels this is a great project. Council Member Sondhi agrees with Council Member Keenan but questioned whether the fee was comparable to other similar fees. The Recreation and Parks Director stated that there is no real comparison, but noted that this was for a one year trial and will be adjusted if necessary. Council Member Keenan stated there should be a modification to item #3 regarding Eligibility which states Cypress Resident/based not for profit organization. This should state Cypress/La Palma, as this is a joint effort project. It was moved by Council Member McCoy and seconded by Council Member Keenan to approve establishment of a policy that regulates sponsor signs at the City owned Roller Hockey Rink located at Arnold/Cypress Park for a one-year trial period, with modifications to include the City of La Palma in Item #3. 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 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items were presented. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Mayor Piercy requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended a quarterly West Comm meeting and finalized an employment agreement in which, to stay competitive, raises were approved for the dispatchers. Also attended the West OC Cities meeting where the Media Alliance of Orange County presented recent happenings regarding their activities and those of the OC Film Commission and asked that Orange County cities join in their efforts. Also reported that the Joint Economic Development is hosting a mini conference for the cities of the west in November, inviting developers as a way to market West Orange County as a Development site. Attended an OCTA committee meeting last week to approve an extended and upgraded contract with the Sheriff's Dept. for Class II Officers to be added to patrol services for OCTA. 12 CITY COUNCIL MINUTES AUGUST 28, 2000 Also attended a COG Monthly meeting at which the City Manager of Azusa, Rick Cole, facilitated the meeting and focused on the needs and solutions to problems facing Orange County into the next few years. Serves as a goal setting meeting for the COG. Attended the OCTA Board Meeting today where a presentation was made to recap bus service for the year. There has been an increase in hours traveled and new LNG busses will be coming on line within weeks. Council Member Sondhi: No report tonight. Mayor Piercy Attended the OC Sanitation Meeting where Orange County's infrastructure was addressed. She also reported that the District has been working to become more efficient as a public agency for the number of cities that it serves. We are currently working on labor negotiations which will be a new merit based performance system. Last week the new Grand Jury visited the offices and are interested in the issue of the aging sewer infrastructure. The District has established a policy, where Urban runoff will be captured at 10 million gallons daily. Mayor Piercy notified the Council that the previous General Manager of the District, Don Maclntyre is now the interim City Manager of Seal Beach. Also attended the Eagle Scout Court of Honor for 13 year old, Brandon Pierce at the Community Center. She commended him on the excellent job he did on refurbished and painted the benches at the park. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Paul Walker, representing OCFA Station #17, informed the Council that the earthquake retrofitting, remodeling and asbestos removal had been completed and the department is back at the station after 5 months. He also invited everyone to a barbecue for the re-open house on September 9, 2000, from 11a.m. to 4:00 p.m. John McMasters, Battalion Chief, OCFA., complimented the staff on working to help the fire department gain easier access, for the large pieces of equipment, to the new projects. He also appreciates the Police Department in regards to the new mapping program. He stated that the Fire Department will work together with the Police Department to help create a program similar to theirs. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No items were presented. ADJOURNMENT: Mayor Piercy adjourned the meeting at 9:18 p.m. to Monday, September 11, 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 ~CY. PIr~ESS ATTEST: ~I/TY CLISRk OF T~r'~ cITY OF ~;YPRESS 13