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Minutes 2001-05-14 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 14, 2001 A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor McGill in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor McGill ABSENT: Mayor Pro Tern Sondhi Also present were City Manager Importuna, City Attorney Wynder, and staff member Storey. At 7:00 p.m., the Mayor recessed the meeting. 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 McGill. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor McGill ABSENT: Mayor Pro Tern Sondhi Also present were City Manager Importuna, City Attorney Wynder, and staff members Belmer, Commerdinger, Hensley, Liu, Sinn, and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by Father Mike Heher, St. Irenaeus Parish of Cypress. PRESENTATIONS: The Mayor read and presented a Resolution to Father Mike Heher, commending St. Irenaeus Parish of Cypress on celebrating their 40th Anniversary. REPORT OF CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Council met regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiator: Richard Storey and William W. Wynder; Employee Organizations: Cypress Employees Association, Cypress Maintenance Employees Association, Cypress Maintenance Supervisors Association, and Cypress Police Officers Association. A confidential status report was provided to the Council regarding the ongoing negotiations and, with respect to the Cypress Police Officers Association, requested authority to make a specific counterproposal to the latest proposal presented. The Council unanimously authorized the counterproposal, with Mayor Pro Tern Sondhi being absent. No other action was taken in Closed Session nor was any action solicited. CITY COUNCIL MINUTES MAY 14, 2001 ORAL COMMUNICATIONS: L/M/TED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Glynda Hughes, Cypress, thanked the City Council and Cypress Golf Course for allowing Tanaka Farms to open again. She presented the Council with a book of signatures from almost 3,000 people with their comments in support of Tanaka Farms. JoAnne West, Cypress, stated her opposition to the proposed development of Wicker Drive, stating she would prefer to see a cultural arts center. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPEAL OF PLANNING MANAGER'S DECISION REGARDING A CONDITIONAL USE PERMIT APPLICATION: A REQUEST, BY JONATHAN CURTIS OF SHEPPARD, MULLIN, RICHTER, AND HAMPTON, LLP, TO APPEAL THE DECISION OF THE PLANNING MANAGER REGARDING THE COMPLETENESS OF A CONDITIONAL USE PERMIT APPLICATION FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET WITHIN AREA 5 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. The Planning Manager provided information on this item. It was moved by Council Member Keenan and seconded by Council Member McCoy, to continue this item to the June 25, 2001 meeting. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 Item No. 2: COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-01, A REQUEST TO ADD A 5,968 SQUARE-FOOT MULTI-USE BUILDING TO THE EXISTING CHURCH FACILITY LOCATED AT 9512 JUANITA STREET IN THE RM-20/CC RESIDENTIAL MULTIPLE-FAMILY/CIVIC CENTER OVERLAY ZONE. The Planning Manager provided information on this item. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. The applicant, Steve Clark, thanked staff for their detailed presentation. He stated he feels the location is ideal near Cypress College because they cater to college students. Dan Leslie, Cypress, stated the use of the building will be for the community and for campus work. Dan Ku, Architect, showed the Council the rendering of the project, which is residential in design. Steve St. Clair, Cypress, stated his support of the project. Mayor McGill asked if there was anyone who wished to speak against the item. CITY COUNCIL MINUTES MAY 14, 2001 The public hearing was closed. Council Member McCoy questioned the impact on the surrounding neighborhood if a potential of 345 adults are at the church. Serine Ciandella, Kimley Horn & Associates, stated a capacity of 275 had been identified for the church, with an expected attendance of 205. In her observations at the church, most cars had 2, 3, or more passengers and many cars were dropping off passengers and leaving. There was some evidence of double parking in the lot and eight cars were parked on the street. The proposed plan will accommodate the 205 in the parking lot. It was moved by Council Member Keenan and seconded by Council Member McCoy, to adopt the Resolution approving Conditional Use Permit No. 2001-01 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi RESOLUTION NO. 5398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2001-01 -WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-04, A REQUEST TO ADD ONSALE BEER AND WINE TO A PROPOSED FOOD COURT STYLE RESTAURANT LOCATED AT 5950 CORPORATE AVENUE IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. The Planning Manager provided information on this item. The public hearing was opened. The applicant, Raj Rai, Franchise Food Concepts, LLC, stated construction of the food court should be completed by mid-July. He stated the beer and wine would be served inside the complex. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Keenan and seconded by Council Member McCoy, to adopt the Resolution approving Conditional Use Permit No. 2001-04 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: I COUNCIL MEMBERS: Sondhi RESOLUTION NO. 5399 A RESOLUTION OF THE CITY COUNCIL OF ']'HE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2001-04 -WITH CONDITIONS. 3 CITY COUNCIL MINUTES MAY 14, 2001 Item No. 4: PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO THE CYPRESS MUNICIPAL CODE REGARDING PARKING SPACE DIMENSIONS IN THE COMMERCIAL AND INDUSTRIAL ZONES. The Planning Manager provided information on this item. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Council Member Keenan, to introduce and give first reading to an Ordinance amending Section 25, Division 1, Appendix "A" of the Cypress Zoning Ordinance (off street parking and loading), amending Section 25.13 thereby defining parking space dimensions in the commercial and industrial zones and to waive further reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Sondhi 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 Piercy and seconded by Council Member McCoy, to approve Consent Calendar Items No. 5 through 17. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 5: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNCIL MEMBERS: None 1 COUNCIL MEMBERS: Sondhi APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF APRIL 23, 2001 AND APRIL 30, 2001. Recommendation: That the City Council approve the Minutes of the Meetings of April 23, 2001 and April 30, 2001, as submitted. Item No. 6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 7: PROCLAIMING THE MONTH OF MAY, 2001, AS "WATER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2001, as "Water Awareness Month" in the City of Cypress. 4 CITY COUNCIL MINUTES MAY 14, 2001 Item No. 8: PROCLAIMING MAY 20-26, 2001, AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 20-26, 2001, as "National Public Works Week" in the City of Cypress. Item No. 9: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-38, A REQUEST TO ALLOW AN OUTDOOR COMPRESSOR UNIT WITHIN A MASONRY ENCLOSURE LOCATED AT 10701 HOLDER STREET. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-38 - with conditions. RESOLUTION NO. 5400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-38 - WITH CONDITIONS. Item No. 10: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-11, A REQUEST TO AMEND THE EXISTING SIGN PROGRAM TO ALLOW A LARGER MONUMENT SIGN LOCATED AT 5930-5970 CORPORATE AVENUE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-11 - with conditions. RESOLUTION NO. 5401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-11 - WITH CONDITIONS. Item No. 11: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-13, A REQUEST TO INSTALL A NEW LOADING DOCK AREA AT THE SOUTHWEST CORNER OF THE EXISTING BUILDING LOCATED AT 5757 PLAZA DRIVE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-13 - with conditions. RESOLUTION NO. 5402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-13- WITH CONDITIONS. Item No. 12: ADOPTION OF A RESOLUTION TO COMMEND ST. IRENAEUS PARISH OF CYPRESS ON CELEBRATING THEIR 40TM ANNIVERSARY. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, to commend St. Irenaeus Parish of Cypress on celebrating their 40TM anniversary. RESOLUTION NO. 5403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING ST. IRENAEUS PARISH OF CYPRESS ON CELEBRATING THEIR 40TM ANNIVERSARY. 5 CITY COUNCIL MINUTES MAY 14, 2001 Item No. 13: ADOPTION OF A RESOLUTION COMMENDING BOY SCOUT JAMES ANDREW QUINTANA ON ATFAINING THE RANK OF EAGLE SCOUT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, commending Boy Scout James Andrew Quintana on attaining the Rank of Eagle Scout. RESOLUTION NO. 5404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT JAMES ANDREW QUINTANA ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 14: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE RESURFACING OF PUBLIC FACILITIES PARKING LOTS, PUBLIC WORKS PROJECT NO. 2001-19. Recommendation: That the City Council: 1) Approve the plans and specifications for the Resurfacing of Public Facilities Parking Lots; and 2) Authorize City staff to advertise the project for bids. Item No. 15: ACCEPTANCE OF CRESCENT AVENUE/GAY STREET MASTER PLAN STORM DRAIN AND GAY STREET DRAINAGE SYSTEM, PUBLIC WORKS PROJECT NO. 9906, TRACT NO. 15754. Recommendation: That the City Council: 1) Accept Crescent Avenue/Gay Street Master Plan Storm Drain and Gay Street Drainage System, Public Works Project No. 9906, as being satisfactorily completed in conformance with the project specifications; and 2) Approve the final retention payment of $47,145.04 to Olson Company, 3020 Old Ranch Parkway, Suite 250, Seal Beach, California 90740, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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, upon concurrence of the Director of Public Works. Item No. 16: ACCEPTANCE OF FINAL TRACT MAP NO. 16057. PROPERTY LOCATED AT 5642-5666 SPRAGUE AVENUE. Recommendation: That the City Council approve Final Tract Map No. 16057 and authorize the City Clerk to sign the record map. Item No. 17: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 48204 THROUGH 48407. Recommendation: Approve the attached warrant register. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 18: SECOND READING OF ORDINANCE MODIFYING THE CYPRESS MUNICIPAL CODE THEREBY REGULATING GARAGE, YARD, RUMMAGE, MOVING, AND SIMILAR RELATED SALES IN RESIDENTIAL ZONES. The Planning Manager provided information on this item. 6 CITY COUNCIL MINUTES MAY 14, 2001 It was moved by Council Member Keenan and seconded by Council Member McCoy, to adopt the Ordinance amending Section 9, Division 1, Appendix "A" of the Cypress Zoning Ordinance (Residential Zones, Permitted Uses and Development Standards), adding Section 9.33 thereby regulating garage, yard, rummage, moving, and estate sales. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: I COUNCIL MEMBERS: Sondhi ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 9, DIVISION 1, APPENDIX "A" OF THE CYPRESS ZONING ORDINANCE (RESIDENTIAL ZONES, PERMITTED USES AND DEVELOPMENT STANDARDS), ADDING SECTION 9.33 THEREBY REGULATING GARAGE, YARD, RUMMAGE, MOVING, AND ESTATE SALES. NEW BUSINESS: Item No. 19: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-12, A REQUEST TO CONSTRUCT A 50,000 SQUARE FOOT SPECULATIVE OFFICE/RESEARCH AND DEVELOPMENT BUILDING LOCATED AT 6161 CHIP AVENUE. The Planning Manager provided information on this item. Council Member Keenan asked if a cooperative parking arrangement had been made between the three businesses in the area to allow for spill-over parking. The applicant, Carl Robertson, Managing Director of Warland Investments, stated that an existing cooperative agreement is in place between the adjacent tenants. It was moved by Council Member McCoy and seconded by Council Member Piercy, that the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-12 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi RESOLUTION NO. 5405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-12 - WITH CONDITIONS. UNFINISHED BUSINESS No items were presented. 7 CITY COUNCIL MINUTES MAY 14, 2001 RECREATION & PARK DISTRICT MATTERS- The Cypress City Council, Acting as the Ex Officio Goveming Board of Directors. No items were presented. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items were presented. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended Kennedy High School Scholarship dinner with representatives from Buena Park, La Palma, and Cypress. Attended breakfast meeting sponsored by CEDC where Community Development Director David Belmer was introduced to the business community. Attended League of California Cities dinner and heard a presentation on dealing with the press. Attended Festival of the Arts and the Police Department Open House. Attended transit planning and operations meeting for OCTA and heard a presentation on upgrades being made to their website. At the OCTA board meeting, considerable discussion was held on AB 476 (Harman), which recommends that the OCTA Board be reorganized to increase representation from cities. OCTA is seeking an amendment to turn this into a two-year bill so more input and discussion can be held, which Assemblyman Harman has been receptive to. Council Member Piercy: Attended the O. C. Sanitation District subcommittee meeting where the Santa Ana River interceptor line relocation was discussed. Aisc discussed possible biosolids disposal sites, ocean discharge issues, and the purchase of a vessel for the District. Attended California Association of Sanitary Agencies conference where energy issues were discussed. Council Member McCoy: Attended Cypress Evangelical Prayer Breakfast where government officials were recognized. He thanked Chief Hensley for the tribute he provided at Officer Steve Lipton's memorial service. Mayor McGill: Attended the Chamber golf tournament along with Council Member Keenan. Attended retirement reception for Recreation and Parks Director Marvin DeCarlo on April 26, 2001. He stated he received a petition regarding traffic and accident issues on Orange Avenue and would like input from the Council. The Mayor, with consensus from the City Council, asked staff to come back with information on this matter. He stated invitations were being sent by the Cypress Interfaith Council, who will be conducting the City's first prayer breakfast on June 6th. ITEMS FROM CITY MANAGER: No items were presented. 8 CITY COUNCIL MINUTES MAY 14, 2001 ADJOURNMENT: Mayor McGill adjourned the meeting at 8:47 p.m. in memory of Cypress Police Officer Steven Lipton, to Monday, May 21, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: ¢~ C.E.. o. ~ c~' o. c~PRESS