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Minutes 96-05-13 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 13,1996 The Regular Meeting of the Cypress City Council was called to order at 5:35 P.M., Monday, May 13,1996, in the Council Chamber, 5275 Orange Avenue, Cypress, by Mayor Walter K. Bowman. PRESENT:Councilmembers Age, Carroll, Jones, Kerry and Bowman ABSENT: None Also present were City Manager Darrell Essex, City Attorney John Cavanaugh and Administrative Services Director Gary Bacock. CLOSED SESSION: Mayor Bowman immediately recessed the meeting to enable the Council to participate in a Closed Session to discuss those agendized items of Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a) Workers Compensation Appeals Board Cases No. VNO 0305867 Christopher LaCascia and VNO 0300743 Chrysteen Massey, Conference With Labor Negotiator (Government Code Section 54957.6)Public Safety Employees Association, Liability Claims (Government Code Section 54956.95) Claimants Hurd and Whitaker and addendum item of Public Employee Appointment (Government Code section 54957) city Manager position. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, ChristoffelS, DeCarlo, Kelly, Storey and wicker. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by Counclimember Jones. Mayor Bowman announced that the Presentation by the California Department of Forestry would be delayed. The City Manager asked the City Attorney to review the discussions held during Closed Session. The City Attorney advised that the item, Conference with Labor Negotiator on the Public Safety Employees' Association negotiations was postponed. The Conference with Legal Counsel on Workers Compensation Appeals Board Cases No. VNO 0305857 (LaCascia) and VNO 0300742 (Massey) and Liability Claim of Claimants Hurd and Whitaker were discussed. The addendum to the Closed Session items, Public Employee Appointment (Government Code Section 54957) City Manager, was discussed and the Mayor will make an announcement prior to the Public Hearings. The City manager reported that the Council did discuss the issue of a Housing Workshop, scheduled for 5:00 p.m., July 8,1996. The Business Breakfast will be held at the Los Alamitos Race Track with a suggested date of September 9, 1996. The Chamber of Commerce would submit a bid on the cost of their participation. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. No one spoke. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT TO SUPPLY AND LAUNDER PUBLIC WORKS UNIFORMS AND SUPPLIES: The City Manager asked the Public Works Director to present the staff report dated May 1, 1996, which advised that the current contract to supply and launder Public Works uniforms and supplies expired on April 30,1996. Requests for proposals were mailed to 12 vendors. Three vendors replied and one of those vendors returned a bid that did not meet the specifications and was disqualified. It was moved by Councilmember Carroll and seconded by Councilmember Jones to accept the bid received from Prudential Overall Supply, 16901 Aston Street, Santa Ana, California 92711, and award a contract to supply and launder uniforms and supplies to this company for the period of May 1, 1996 through April 30, 1998, for the annual cost of $18,069.48. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY COUNCIL MINUTES May 13,1996 CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF PLAYGROUND EQUIPMENT AND ALLOCATION OF APPROPRIATION OF FUNDS FROM CAPITAL OUTLAY: The Recreation and Parks Director summarized the staff report dated May 7, 1996, which indicated that much of the existing playground equipment at Cedar Glen and Willow Park needed to be replaced for safety reasons due to its high potential for liability and its state of deterioration stemming from age. Because of the themed equipment concept, there is only one dealer representative for the State of California and it was requested that the formal competitive bidding process be dispensed with for this equipment. Responding to Councilmember Age's inquiry, the Recreation and Park District Director said that the replaced equipment will be moved to other parks that have the space. Councilmember Carroll expressed his concern with the dispensation of the competitive bidding process and the one supplier mode. He would like to see competitive bidding on this type of equipment, he did not approve of a sole supplier and would vote against dispensing with formal competitive bidding. A picture of the proposed equipment was projected on the screen. it was moved by Counclimember Age and seconded by Councilmember Kerry that the City Council, acting as the ex-officio governing Board Of Directors for the Cypress Recreation and Park District: 1.Dispense with formal competitive bidding for reasons described in the above report pursuant to City Code, Section 21A-IO(C); 2.Award the contract, in the amount Of $47,973.96, to Pacific Design Concepts, P.O. Box 1909, Huntington Beach, CA 92647, for the purchase of playground equipment for the reasons outlined In this report. Sufficient funds are available In Account 4186-12-500-29. The motion carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Jones, Kerry and Bowman NOES:I COUNCILMEMBERS: Carroll ASSENT:0 COUNCILMEMBERS: None PRESENTATIONS: Mr. Ken Pimlott, Service Forester 1, California Department of Forestry, presented Mayor Bowman with a Plaque Honoring the City for Its 7th Consecutive Year as a Tree City USA. CONSENT CALENDAR: All matters listed on the Agenda under 'Consent Calendar' are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Age asked that item No. 5, Approval of the Annual Lease Agreement with the Anaheim Union High School District be removed. Counclimember Carroll requested that item No. 8, Investment Program for the Month of March 1996 be pulled. Item No. 14, Approval of Plans and Specs and Authorization to Advertise Project for Bid, Public Works Project No. 9532 was pulled by Councilmember Kerry. The Mayor removed Item No. 23, Appropriation of Funds for Senior Citizens Center Floor Repair. it was moved by Councilmember Kerry and seconded by Counclimember Jones to approve the Consent Calendar Items No. 3 through 23, with the exception of Items No. 5, 8, 14 and 23.The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 3: Motion to Approve City Council Minutes of April 15,1996, April 22,1996, and April 29,1996. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of April 15,1996, the Regular Meeting of April 22,1996, and the Adjourned Regular Meeting Of April 29, 1996, as submitted. 2 CITY COUNCIL MINUTES May 13, 1996 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. 6: Consideration of Proclaiming May 1996, as "Water Awareness Month." Recommendation: That the Mayor and City Council officially proclaim May 1996, as "Water Awareness Month" in the City of Cypress. Item No. 7: Consideration Of Design Review Committee's Approval of DRC #96-10 and #96- 1 S. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, approving Design Review Committee Permits No. 96-10 and No. 96-15 - with conditions. RESOLUTION NO. 4626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-10 - WITH CONDITIONS. RESOLUTION NO. 4627 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-15 - WITH CONDITIONS. Item No. 9: Consideration of Proclaiming May 1996, as "Orange County Asian American Pacific Islander Heritage Month." Recommendation: That the Mayor and City Council officially proclaim May 1996, as "Orange County Asian American Pacific Islander Heritage Month" In the City of Cypress. Item No. lo: Consideration of Renewal of the Health Services Agreement With the County of orange. Recommendation: That the City Council approve the renewal of the Health Services Agreement with the County of Orange, extending the term to June 30, 2001, and authorize the Mayor to sign and the City Clerk to attest the Agreement. Item No. II: Consideration of Claim Filed by Joseph J. Musacchia. Recommendation: Receive and file. Item No. 12: Consideration of Acceptance and Assessment for Abatement of Seasonal and Recurring Weeds for Phase 11 of the 1995/96 Program. Recommendation: That the City Council: 1) Accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; 2) Adopt the Resolution by title only, title as follows, confirming the weed abatement assessments and imposing special assessments as a lien on the parcels listed on Exhibit "A"; 3) Approve the contract cost with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, in the amount of $11,605.06; and 4) Appropriate $6,217.27 from the unreserved fund balance of the General Fund to Account No. 4181- 271-07. RESOLUTION NO. 4628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 13: Consideration of Approval of the Specifications and Authorization to Advertise the Project for Bid for the Pavement Rehabilitation of Residential Streets, Public Works Project NO. 9532. Recommendation: That the City Council approve the specifications and authorize staff to advertise the project for bid for the Pavement Rehabilitation of Residential Streets, Public Works Project No. 9532. 3 CITY COUNCIL MINUTES May 13,1996 Item No. 15: Consideration of Legislation and other issues for City Council Support or Opposition. Recommendation: That the City Council: 1) Authorize support of the California Redevelopment Association's position on SB 2133 Uohannessen), relating to conversion of transient lodging to permanent residences, and 2) Authorize support of the League of California Cities' position on AB 2831 (Hoge), relating to alcoholic beverages mandates. Item No. 16: Consideration of Acceptance of Agreement With the City of LOS Alamitos and the City of Buena Park for the Cerritos Avenue Traffic Signal Interconnect, Public Works Project No. 9609. Recommendation: That the City Council: 1) Approve the Agreement between the Cities of Cypress, Los Alamitos, and Buena Park; and 2) Authorize the Mayor to execute said Agreement. Item No. 17: Consideration of a Resolution Establishing the C!TY'S Appropriation Limit. Recommendation: That the City Council adopt the Resolution by title only, title as follows, establishing the City's appropriation limit. RESOLUTION NO. 4629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 1996-97 FISCAL YEAR. Item No. 18: Consideration of Request for the installation of "No Parking Anytime" Areas at Various Locations. Recommendation: That the City Council approve the recommendation of the Traffic Commission and adopt a Resolution, by title only, title as follows, providing for the following: 1) The installation of "No Parking Anytime,, on the north side of Cerritos Avenue between Santa Elise Street and Santa Clara Street; and 2) The installation of five (5) feet Of "No Parking Anytime" area on the south side of Danny Avenue, east of Walker Street, and the installation of fifteen (1 5) feet of "No Parking Anytime" area west of the fire hydrant located at 5510 Danny Avenue. RESOLUTION NO. 4630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING "NO PARKING ANYTIME" AREAS AT VARIOUS LOCATIONS. Item No. 19: Consideration of Resolution Approving Program Supplement Agreement Number 013 to Local Agency-State Agreement Number 12-5330 to secure federal funding for the Pave.ment Rehabilitation of Valley View Street, East side, from the Stanton Channel to Katelia Avenue and, West side, from Cerritos Avenue to the Railroad, Public Works Project No. 9306. RESOLUTION NO. 4631 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING PROGRAM SUPPLEMENT NO. 013 TO CITY OF CYPRESS/STATE OF CALIFORNIA AGREEMENT NO. 12- 5330. Item No. 20: Consideration of Appropriation for Notebook Computers. Recommendation: That the City Council: 1) Approve an increase of estimated revenues for the Abandoned vehicle Abatement Account 3710-11-999-99, in the amount of S4,500.00; 2) Approve the transfer of $4,500.00 from the General Fund to the Central Service Fund; and 3) Appropriate $4,500.00 in Account 4403-90-657-36 from the Fund Balance of the Central Service Fund to purchase two notebook computers. Recreation & Park District Matters: Item No. 21: Consideration of a Resolution Establishing the Cypress Recreation and Park DistriCt's Appropriation Limit. 4 CITY COUNCIL MINUTES May 13,1996 Recommendation:That the City Council, acting as the ex-officio governing Board of Directors of theCypress Recreation and Park District, adopt the Resolution by title only, title as follows,establishing the District's appropriation limit. RESOLUTION NO. 187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1996-97 FISCAL YEAR. Item No. 22: Consideration of Proposed Fee increases. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, accept the proposed fee increases. Regarding Item No. 5, Consideration of Approval of the Annual Lease Agreement With the Anaheim Union High School District for the Use of the Oxford School Facility, Councilmember Age asked why it was a yearly lease. The City Manager responded that it was annual because the Anaheim Union High School District wishes to renew year-by- year. There was some discussion as to how many years the City has leased the Oxford School property. Councilmember Age recommended the City request a minimum three year lease. Mayor Bowman suggested that a letter be enclosed with the renewal agreement indicating the City would prefer a longer lease extension. it was moved by Councilmember Age and seconded by Councilmember Kerry to approve the one (1) year extension of the annual lease agreement for use of the Oxford School site for the period through June 30, 1997, and authorize the Mayor to sign and the City Clerk to attest the subject agreement. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None In regard to Item No. 8, Consideration of Monthly Investment Program for the Month of March 1996, Counclimember Carroll said that some cities took a static amount or a static percentage rate on the investment income from the pool, transfer it to the General Fund and if it earns more than that place it in a rolling fund reserve; if it earns less, take it out of the reserve. He thought the City Council should think about a program similar to that for the investment revenues. He also mentioned the interim inter-city loans, i.e., the redevelopment agency, and borrowing from the Lighting District. The interest rates vary from 5% to 9.25% and it seems the loans would be better served with an adjustable interest rate tied into some more current interest rate. The Finance Director said that the loans are on variable rates. Councilmember Carroll believed the City ought to consider how much was taken into the General Fund off the interest income in a year. Councjlmember Carroll then moved and Councilmember Age seconded the motion to receive and file the report, which was unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Item NO. 13, Pavement Rehabilitation Of Residential Streets, Counclimember Age requested the Mayor to elaborate on this project. Mayor Bowman asked if the street names could be projected on the screen for the home audience. Each of these streets will be overlaid with new asphalt concrete in a $430,000 project with the money coming from the General Fund. The Public Works Director explained that the project will be brought back to the Council in June for an award of contract, with construction occurring in July. in the next two months, over $1 million of pavement work will be done in the City. With reference to Item No. 14, Consideration of Approval of Plans and Specifications, and Authorization to Advertise the Project for Bid for the Americans With Disabilities Act (ADA) Alterations, Public Works Project No. 9430, Counclimember Kerry asked about some of the alterations that appeared to be required on fairly new construction. The Public Works Director said that the Police Department access ramp is too steep and when the ADA guidelines appeared, they decreased the allowable slope. He remarked that the other significant cost was the alteration to the Park restrooms. 5 CITY COUNCIL MINUTES May 13, 1996 Councilmember Carroll mentioned that the City has the mandates but they are unfunded and have to be paid for out of the General Fund. It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the plans and specifications, and authorize the City Clerk to advertise the project for bid for the Americans with Disabilities Act (ADA) Alterations, Public Works Project No. 9430. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ASSENT: 0 COUNCILMEMBERS: None With regard to Item No. 23, Consideration of Appropriation of Funds for Senior Citizens Center Floor Repair, Mayor Bowman questioned whether or not one or more of the contractors might be contingently liable for the floor because of the age of the building and type of problem. The Public Works Director said they found that the contractor installed the flooring per specifications. Mayor Bowman asked if there could be any contingent liability on the part of the architect and he suggested it be pursued if possible. It was moved by Mayor Bowman and seconded by Councilmember Age that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, appropriate $6,300 from the fund balance of the Cypress Recreation and Park District Central Service Fund to Account 4415-83-652-37 for repair and replacement of the damaged portion of the Senior Citizens Center Auditorium floor. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None At this time, Mayor Bowman announced that the Cypress City Council, by a unanimous vote, appointed mark J. ochenduszko to the City manager position, effective July 1, 1996. He will be replacing Darrell Essex, who is retiring from the City after 34 years of service as City Manager. Councilmember Age said that they had some very qualified candidates apply. Mr. Ochenduszko is visionary, hard working and he has done some fine things, with each Councilmember seeing different, positive traits in this candidate. She also said that Darrell Essex has given this City 34 years of dedicated service and has done very well for the community. Counclimember Jones concurred with Councilmember Age's comments. It was exciting to go through the process, there were excellent candidates, but Mr. Ochenduszko was a phenomenal candidate and she felt some of his strengths lie in the redevelopment area. She believed he will make an excellent addition to the current City staff. Mayor Pro Tem Kerry asked how do you replace Darrell Essex. You don't. You can't. Mr. Ochenduszko will fit in well with this community. He comes from a City approximately the size of Cypress, he has a lot of new ideas and works well with people. Counclimember Carroll welcomed Mr. Ochenduszko to Cypress. He believed that Mr. Ochenduszko's appointment would be of mutual benefit to Cypress and his career. He is well qualified and wished him the cooperation of the citizens. Mayor Bowman commented that he was proud of the way the Council worked together on this appointment, it is not an easy process and the contract has been signed. PUBLIC HEARINGS: CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: RENEWAL OF CONDITIONAL USE PERMIT NO. 94-10, AUTOMOTIVE PAINTING AND RESTORATION BUSINESS WITHIN AN EXISTING RECREATIONAL VEHICLE STORAGE YARD, 5692 LINCOLN AVENUE, CYPRESS: Mayor Bowman opened the public hearing. The Community Development Director presented the staff report dated May 8, 1996, which represented a request to operate an automotive spray painting and restoration business within an existing recreational vehicle storage yard. This item was continued from the City Council meeting of April 22, 1996. The existing RV storage use on the subject Property and the adjacent parcel at 5702 Lincoln Avenue are permitted by Conditional Use Permit No. 76-10, and subsequent amendments approved by the Cypress Planning Commission. The subject site is located at 5692 Lincoln Avenue and within the Lincoln Avenue Redevelopment Project Area. Conditional Use Permit No. 6 CITY COUNCIL MINUTES May 1 3, 1996 94-10 expired on August 8,1995. Therefore, the applicant is requesting this renewal, which serves to allow the automotive painting business, including restoration activities, in addition to the continued operation of the existing RV storage use on the front portion of the subject property. According to the California Environmental Quality Act (CEQA) Guidelines, a Negative Declaration will be filed for this project. Notices of the public hearing have been published, posted and mailed to all owners of properties located within a 300 foot radius of the subject property. As of the writing of this staff report, no comments have been received. Responding to Councilmember Age's inquiry, the Community Development Director advised that the owner/operator of the restoration business has waived relocation benefits for that use. Mr. Brian Kono, After Hours Automotive, 5692 Lincoln Avenue, Cypress, had a question on relocation benefits, which was explained by the Community Development Director. No one wished to speak In favor of or against the application. It was moved by Councilmember Age and seconded by Councilmember Kerry to close the public hearing, approve the Negative Declaration and direct staff to file a Notice of Determination and de Minimis impact Exemption and adopt the Resolution by title only, title as follows, approving the Renewal of Conditional Use Permit No. 94-10, subject to conditions. RESOLUTION NO. 4632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE RENEWAL OF CONDITIONAL USE PERMIT NO. 94-10 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mr. Kono provided the Community Development Director with a copy of his AOMD permit. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS - AMERICAN VINTAGE, 9203 VALLEY VIEW STREET, CYPRESS: The public hearing was opened by Mayor Bowman. The City Manager referred to the staff report dated May 7, 1996, which requested a Special Permit to allow the conduct of a secondhand business. The application was received from Mr. Ramsis Saad, D.B.A. American vintage, 9203 Valley View Street, Cypress. The affidavits of Publication, Mailing and Posting of the Public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no wri-tten communications have been received either in favor of or in opposition to this Special Permit application. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and a copy of the report is attached. The Planning Department recommends that no outdoor display of merchandise be allowed. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. Councilmember Jones asked staff how many used clothing businesses there were in the City. The City Clerk will provide this information to the City Council. Mr. Jacob (no last name given), Manager of American Vintage, 9203 Valley View Street, Cypress, volunteered to answer questions from the Council. He has been doing business at this location for over two months and they have stores in other cities for which they haven't had to obtain permits. The City manager explained that Cypress has a very strict ordinance which requires a permit for this type of business. 7 CITY COUNCIL MINUTES May 13, 1996 Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. NO one did so. It was moved by Councilmember Kerry and seconded by Councilmember Jones to close the public hearing and approve the permit with the condition that outdoor display of merchandise will not be allowed. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-20 TO ALTER THE FACADE AND INCREASE HEIGHT OF TOWER OF AN EXISTING STRUCTURE OF AN APPROVED CHURCH, 6269 BALL ROAD, CYPRESS: Mayor Bowman declared the public hearing open. The City Manager asked the Community Development Director to summarize the staff report dated May 1, 1996, which represented a request for a major facade alteration to the front of the church, with a minor alteration to both sides and rear. An increase of ten feet in the height of the tower is also proposed. Conditional Use Permit No. 95-20 and Variance NO. 95-11 were approved at the November 13, 1995 City Council meeting for the establishment of a church within an existing 14,081 square foot structure with a reduced street side yard setback. Council approved the conditional use permit with a 40 foot tower height limitation. The proposed facade alteration is more elaborate than the original plan. The architect has stated that the increase in the height of the tower is more in scale with the size of the existing structure and the proposed alteration of the facade adds more design interest to the entrance. In accordance with the requirements of the California Environmental Quality Act, this project is categorically exempt. Notices of the public hearing were mailed to property owners within a 300-foot radius of the subject site. To date, the Community Development Department has not received oral or written comment. After a question and answer period, Councilmember Kerry asked if staff knew the height of the various church towers throughout the City. The Community Development Director stated that the height of the tower was not a health or safety issue, but one of aesthetics. Mr. William Chung, architect from Design One, no address given, mentioned that the original design was massive and tall. He explained that the new design has the cross portion, which is four feet wide, 25 feet above the building. Councilmember Age asked if the height of the tower was important enough to the church to agree to a continuance. Mr. Chung responded in the affirmative. It was moved by Counclimember Jones and seconded by Councilmember Carroll to continue the public hearing to May 28,1996 to allow staff time to determine the height of other church towers in the City. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 96-1, AMENDING SECTION 9. RESIDENTIAL ZONES OF THE CYPRESS ZONING CODE TO ESTABLISH AN RS-5,000 RESIDENTIAL SINGLE-FAMILY ZONE: The public hearing was opened by the Mayor and the Community Development Director was asked to present the staff report dated May 1, 1996. At the March 25, 1996 meeting, the City Council directed staff to prepare an ordinance establishing a new RS-5,000 Residential Single-family Zone. To accomplish the new zoning, two workshops were held during April to review suggested regulations and standards that would be applicable to the new zone. The intent of the proposed ordinance is to create standards for a new zone that will allow for small-lot, single-family development at a density of one dwelling unit per 5,000 square feet of gross lot area, with an added density round up provision. The proposed Ordinance established the purpose for the zone, the permitted and conditional uses, the property development standards parking requirements and additional performance standards. In accordance with the Requirements of the California Environmental Quality Act, an initial Study and Negative Declaration have been prepared for this Ordinance. 8 CITY COUNCIL MINUTES May 13,1996 After some questions of staff, Councilmember Carroll opted for the requirement of a Conditional Use Permit for the project. Mayor Bowman agreed at least for a year's period of time and if everything works, sunset the requirement. At Councilmember Age's request, mayor Bowman mentioned a tract in Huntington Harbour in which all the streets are fire lanes and they have used stamped concrete and/or red brick curbing resulting in a nice effect. Councilmember Kerry supported the Conditional Use Permit requirement but did not believe there should be a sunset clause as Council should make the final determination. She would recommend that the six foot block wall height requirement remain. Councilmember Jones concurred and she thanked the neighbors for their input. Mayor Bowman asked if anyone wished to speak in support of the amendment. Mr. Mahendra Desai, 1150 Orangethorpe, ill 2, Placentia, had reviewed the report and he commended staff on their excellent effort. He commented on the potential hazards of decorative pavers. After some discussion, the Community Development Director advised that decorative pavers are a requirement. Councilmembers clarified it was not their intent that decorative pavers be required. The Community Development Director changed the wording in Section 6(l), first sentence, "Decorative paving for private roads/access driveways shall be encouraged." No one else spoke in favor of the amendment. mayor Bowman asked If anyone wished to speak in opposition to the amendment. Mr. Rick Huettl, 5468 Hanover Drive, Cypress, expressed some concerns about who would bear the cost of establishing the six foot high wall and how would it be agreed upon. The Community Development Director stated that when it is a requirement of the development, the developer is responsible. Mr. Huettl expressed his opposition to the 24 foot wide street and encouraged the Council to consider a public street so the same standards can be maintained as in the rest of the City. Mr. Henry Livingston, 5408 Hanover Drive, Cypress, stated that RS-5,000 was a misleading number. He asked if any other RS-5,000 development would have the 24 foot driveways and he was opposed to 24 foot streets. He expressed his support of an RS-5,000 but not an RS-5,000 maximum. It was explained that in the RS-6,000, the lot was measured from the middle of the Sidewalk; in RS-5,000, the lot was measured from the middle of the street. Councilmember Jones asked that language be inserted to clarify the issue. No one else wished to speak on the item. It was moved by Councilmember Kerry and seconded by Councilmember Age to close the public hearing, approve the Negative Declaration and approve the first reading of the Ordinance by title only, title as follows, establishing an RS-5,000 Residential Single- Family Zone, including the requirement for a conditional use permit and language clarifying the lot being measured from the middle of the street. Councilmember Jones said she would vote "no" on this zoning amendment because she felt it was a reaction to a developer wanting to build on Walker Street and the people were somewhat misled by the RS-5,000 zoning. This zoning will be used to in-fill the vacant properties, which should have been considered first, then the zoning amended. Councilmember Carroll remarked that he would be voting "yes" on the amendment because he believed it was a very positive step for the City of Cypress. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING APPENDIX 1, ZONING, OF THE CODE OF THE CITY OF CYPRESS AND AMENDING SECTION 9 TO ESTABLISH AN RS-5,000 RESIDENTIAL SINGLE-FAMILY ZONE. 9 CITY COUNCIL MINUTES May 13,1996 The motion carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman NOES:1 COUNCILMEMBERS: Jones ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 96-1 AND ZONE CHANGE NO. 96-1, 9731, 9737-9761, 9771 WALKER STREET, CYPRESS: Mayor Bowman announced that he had a conflict of interest, which he had discussed with the City Attorney, and he left the dais. Mayor Pro TeM Kerry then opened the public hearing. The City Manager asked the Community Development Director to present the staff report dated May 2,1996, which represented a request to amend the general plan land use designation of 9731, 9737-61 and 9771 Walker Street from Commercial and Low Density Residential to Medium Density Residential. Additionally, a zone change is requested under Zone Change No. 96-1 for a change from CG-10,000 Commercial General and RS-6,000 Residential Single-Family to RS-5,000 Residential Single-Family on all of the aforementioned sites. in accordance with the California Environmental Quality Act, a Negative Declaration has been filed for this project. Public Hearing notices were mailed to all property owners within a 300 foot radius and, as of the drafting of the report, the City has not received written or oral comment. Responding to Mayor Pro Tem Kerry, the Community Development Director advised that staff will discuss all the uses with the land owners and make a determination. Staff would return to Council with a summary of guidelines of what would be the permitted uses on the property. Mayor Pro Tem Kerry asked if anyone wished to speak in support of the amendment. No one spoke. She asked if anyone wished to speak in opposition to the amendment and/or the zone change. Mr. Rick Huetti asked about Mayor Bowman removing himself from the discussion. When did the conflict of interest arise and why wasn't he removed from the hearing process prior to the development of the RS-5,000 zone. The City Attorney explained that a conflict of interest doesn't apply in the City-wide zone change. Even though a piece of property might be impacted, the zone itself was created CitV-wide so any Councilmember wouldn't have a conflict of interest. Apparently Mayor Bowman had some transactions on property close to the Walker Street Property in which the conflict of interest would be applicable because of distance requirements from property that he is involved with and the Walker Street Property. NOW that the RS-5,000 zone is being assigned to a particular property, the conflict of Interest issues arise. Mr. Huettl spoke in opposition to the RS-5,000 zone because of two 24 foot wide private streets emptying onto Walker Street, he didn't believe that the RS-5,000 gross zoning was compatible with the surrounding neighborhood and he asked that the Council vote no." Mr. Desai said he had nothing further to add and he asked the Council to vote favorably on the project. It was moved by Councilmember Carroll and seconded by Counclimember Age to close the public hearing, adopt the Negative Declaration and direct staff to f !le a Notice of Determination and de Minimis impact Exemption, adopt the Resolution by title only, title as follows, adopting General Plan Amendment No. 96-1 and to approve the first reading of the ordinance by title only, title as follows, amending Appendix 1, Zoning, of the Code. Counclimember Jones said she concurred with many of the neighbors that came forward, she felt that the medium density was high to which she is opposed and she would be voting "no" on the amendment. RESOLUTION NO. 4633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN AMENDMENT NO. 96-1 CHANGING THE LAND USE DESIGNATION FOR 9731, 9737- 61, AND 9771 WALKER STREET FROM LOW DENSITY RESIDENTIAL AND COMMERCIAL GENERAL TO MEDIUM DENSITY RESIDENTIAL. 10 CITY COUNCIL MINUTES May 13,1996 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING APPENDIX 1, ZONING, OF THE CODE OF THE CITY OF CYPRESS, CHANGING THE ZONE OF SEVERAL PARCELS FROM CG-10,000 COMMERCIAL GENERAL AND RS-6,000 RESIDENTIAL SINGLE-FAMILY TO THE RS-5,000 RESIDENTIAL SINGLE-FAMILY ZONE. The motion carried by the following roll call vote: AYES:3 COUNCILMEMBERS: Age, Carroll and Kerry NOES:1 COUNCILMEMBERS: Jones ABSENT:0 COUNCILMEMBERS: None ABSTAINED:1 COUNCILMEMBERS: Bowman RECESS: Mayor Pro Tem Kerry recessed the meeting at 9:05 p.m. The meeting was reconvened at 9:15 p.m. by Mayor Bowman with all Councilmembers present. CONSIDERATION OF REQUEST FOR ZONING DETERMINATION, OUTDOOR RECREATIONAL VEHICLE SHOW, 4961 KATELLA AVENUE, CYPRESS: The Community Development Director reviewed the staff report dated May 1, 1996, which represented a request by Mr. Bruce Kemp for a zoning determination to allow temporary vehicle sales on the LOS Alamitos Race Course property located at the northwest corner of Katelia Avenue and Walker Street in the PBP Planned Business Park Zone. The proposed sales events will consist of five day temporary exhibits of recreational vehicles held in the area previously occupied by the Cypress Swap Meet. The applicant has stated that he would like to conduct the first sales event June 19-23, 1996. Because this request included only an interpretation of the City of Cypress Zoning ordinance, it is not considered a project according to the requirements of the California Environmental Quality Act. At this time, staff is requesting the City Council determine if temporary vehicle sales is a use similar to those uses listed in Section 13.1 "Temporary Uses" of the Cypress zoning Code. Staff is also requesting direction from Council as to the maximum number of events per year and the maximum number of days allowed per event. Councilmember Age asked why Fireworks stands were still listed in Section 13.1. Temporary Uses. when the sale of fireworks was not allowed in the City. The Community Development Director advised that would be addressed in next Vear's review of the Zoning ordinance. There was some discussion on the number of times Per year these events would be conducted. The Community Development Director suggested that the Council find this use is not specifically addressed at this time, but it would be allowed as being a use similar to those in Section 13.1 of the Code. She further requested Council provide direction to staff to return with the use added and the council will determine the number of exhibits. It was moved by Counclimember Carroll and seconded by Councilmember Kerry to determine that temporary outdoor vehicle sales similar to the uses permitted under Section 13.1 "Temporary uses" of the Cypress City Code and instruct staff to return with a Zoning Code amendment adding vehicle sales to Section 13.1 "Temporary uses." After discussion on the number of occurrences, Councilmember Carroll amended his motion to include five days per use once a quarter and any additional time would require Council approval. Councilmember Jones seconded the amended motion. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBR-RS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF MODULAR BUILDING USAGE FOR LONG-TERM TEMPORARY USE: The City Manager requested the Community Development Director to summarize the staff report dated May 2, 1996, which is before the Council because of a request from St. Irenaeus Church to retain a modular unit for an after school day care program. originally, the building was approved under a DRC as an accessory structure, with the day care use considered an extension of the regular school activities not requiring further permit approval. The original approval had an initial three year time period, was reviewed and extended for another three years. More recent interpretation of the Zoning Code has clarified that a DRC approval allows for construction to occur within a set time period or 11 CITY COUNCIL MINUTES May 13,1996 the approval expires, but there are no provisions for extension. This request brings up a broader issue of whether the City wants to allow long-term temporary buildings, such as this modular unit. A similar request by Brethren Church was the subject of two preliminary project reviews in 1994 and 1995 for church and school uses on the Los Alamitos Race Track property. Brethren was interested in having modular buildings for the first five years or longer prior to construction of permanent facilities. Staff is aware of at least one additional pending request for modular building placement for a day care use associated with a church. The church has indicated that they do not have the funding to design or build permanent facilities at this time. Because the discussion involves more than one case, Council direction is sought on how to proceed. Councilmember Age commented that she did not feel it was appropriate to shut down the St. lrenaeus Church school day care modular building. Each of these modular buildings should be considered on a case-by-case basis. Councilmember Kerry remarked that the buildings need to be evaluated as to what the differences really are between the building code and the present building and then evaluate the situation. Mayor Bowman said the determination needed to be made if the buildings were to be considered accessory uses and handled on a case-by-case basis. Councilmember Carroll concurred. Councilmember Jones stated that the Council was familiar with the St. ireneaus building and perhaps a long term approval could be granted. Councilmember Age advised that she did not have a problem granting an extension for three years during which time staff would commence their study. it was moved by Counclimember Jones and seconded by Councilmember Kerry to extend the modular building use at St. irenaeus for three years and direct staff to commence a study on allowing the long-term uses of modular buildings on a case-bv- case basis. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENT UPA) FOR AN ORANGE COUNTY COUNCIL: The staff report dated April 26,1996 outlined a request from the Orange County Division of the League of California Cities for City action on approval of a Joint Powers Agreement UPA) for an Orange County Council of Governments (OCCOG). The OCCOG would replace the existing Regional Advisory Planning Council (RAPC) to speak on subregional and regional issues. RAPC is an informal body created in 1991 as an evolutionary step towards a formal, representative organization. Work on restructuring, increasing coordination on regional Issues, and improving the efficiency and effectiveness of local government countywide and within the Southern California area has led to the recommendation for an OCCOG. The attached JPA is the next step toward establishing the OCCOG. Mayor Bowman provided an overview of the structure of the Southern California Association of Governments (SCAG), in which the City will continue its membership. Counclimember Kerry advised that RAPC was an informal body and did not represent all of the cities in Orange County. The idea is to establish an organization that has the representation from the cities and the ability to convey Orange County's position on regional issues. Councilmember Carroll commented that the cities would have a majority of the voting and the financing of this organization does not appear to place another burden on the taxpayers. He said the right questions have been asked and good answers supplied, which is one of the reasons he favored approval. it was moved by Councilmember Carroll and seconded by Counclimember Age to authorize the Mayor to sign the agreement on behalf of the City. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None 12 CITY COUNCIL MINUTES May 13,1996 CONSIDERATION OF STUDY REGARDING PARKING REQUIREMENTS FOR CHURCHES: The City Manager requested the Community Development Director summarize the staff report dated May 10, 1996, which was the result of direction given by the City Council. to conduct a study of parking requirements and standards for church uses. The study included a comprehensive review of the history of the Cypress parking requirements for churches, surveys of other cities/counties requirements and review of published parking industry standards for church uses. The results of the three surveys reviewed by staff indicate that the current Cypress parking requirements for church uses are among the most restrictive. Additionally, the Cypress parking ratio for church uses is comparable with the published industry standard. Based on this analysis, staff found no reasons to further amend the Cypress Zoning Ordinance parking provisions and requirements for church uses, other than the amendment which was previously directed by the City Council. Councilmember Kerry said she had brought this issue up and after seeing the staff report, she concluded that the City is doing a very good job on the church parking requirements. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to receive and file the report. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPLICATIONS RECEIVED FOR THE POSITIONS OF ALTERNATES TO THE SENIOR CITIZENS COMMISSION: The City Manager referred to the staff report dated may 8, 1996, which advised that staff advertised for the position of four alternates to the Senior Citizens Commission. As of the deadline date, three applications have been received. Staff requested direction on whether the position should be readvertised and/or whether oral interviews should be scheduled with the three applications. It was moved by Councilmember Kerry and seconded by Councilmember Age to accept the three applications and continue to advertise for an applicant to fill the fourth position. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Bowman announced that the three new Alternatives to the Senior Citizens Commission were: Joseph White, Mary Trujillo and Elsie Carruthers. CONSIDERATION OF SCHEDULING A WORKSHOP SESSION WITH THE WICKER DRIVE LAND USE ADVISORY COMMITTEE: The staff report dated May 8, 1996 indicated that the City Council had requested that there be discussion on scheduling a workshop session on this Agenda. It was suggested by councilmember Jones that the workshop be held on September 16, 1996 at 5:30 p.m. and hearing no objection, Mayor Bowman so ordered. CONSIDERATION OF DISCUSSION REGARDING THE TWO TERM LIMITATION FOR CITY COUNCIL MEMBERS: Councilmember Age said she had asked that this item be placed on the agenda and she moved that this item be tabled. Councilmember Kerry seconded the motion, which was unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DISCUSSION REGARDING THE DRAINAGE BOND ISSUE: According to staff report dated May 8,1996, Councilmember Age had requested this issue be placed on the May 13, 1996 Agenda for Council discussion. Councilmember Age stated that this was the one advisory measure that was voted on heavily by the citizens to be placed on the November ballot as a bond issue. She 13 CITY COUNCIL MINUTES May 13,1996 recommended that a committee be formed and the arguments be written. She suggested that staff advertise for candidates for the Committee. Responding to Mayor Bowman, the City Attorney advised that it would be appropriate for a Counclimember to chair the committee. The Public Works Director reported that the most recent Chamber of Commerce newsletter has an ad requesting businesses who are interested in helping form the committee to contact the Chamber. He will be providing information to assist in educating the public about the need for the storm drain bond issue. Councilmember Kerry suggested that there be an article In the August City Newsletter recruiting volunteers for the Committee. Right now the ballot measure wording needs to be composed. Councilmember Carroll recommended that staff start working on the ballot measure wording now. CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 20513 - 20960: it was moved by Councilmember Age and seconded by Councilmember Jones to approve the Commercial Warrant List Nos, 20513 through 20960 in the amount of $1,964,226.93. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 10:00 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 10:05 p.m. with all Counclimembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, stated that she had contacted the City about the speed of the street sweeper and not having any water in the gutters during street sweeping. She thought that 4 to 5 mph was a proper speed for the sweeper. She said she had spoken with the Public Works Director about the sign posts which have deteriorated and need attention In Peppertree Park. She reported that people were parking on the corner on the north side of Reefton during baseball games, which was very dangerous. Councilmember Jones suggested that some notification be placed in the City Newsletter. Councilmember Kerry suggested that the parking situation be referred to the Traffic Commission. Mr. Donald D. Wesling, 11431 Anegada Street, Cypress, had asked the mayor about the number of complaints received about political signs and he never got an answer. Mayor Bowman answered that a lot of complaints have been received on political signs in the past. Mr. Wesling asked if the assertions that Shaw industries would bring in $800,000 to $1.2 million a year in revenue from sales tax could be substantiated. The Finance Director said the City wouldn't know the exact amount of dollars for the quarter just ended until the latter part of June. He also asked about the increase in trash pick up fees and what the factors were for the increases and the City Manager said the franchise agreement requires that adjustment. Mr. Wesling asked where he could get the information on the formula and the City Manager responded that he should see the City Clerk. mayor Bowman mentioned the Booster Clubs, First Annual Cinco de Mayo event at the Community Center and its tremendous turnout. Commencing May 24,1996, AYSO Region 154 will be sponsoring an AYSO tournament of 20,000 participants in the City of Cypress. Councilmember Kerry asked that the area code changes be addressed at the next Council meeting. 14 CITY COUNCIL MINUTES May 13, 1996 Counclimember Carroll asked that the El Toro land use be placed on the next Agenda for public input. ADJOURNMENT: Mayor BoWman adjourned the meeting at 10:30 p.m. to 5:30 p.m., Tuesday, May 28, 1996. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 15