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HomeMy WebLinkAboutMinutes 98-10-13CITY COUNCIL MINUTES CITY OF CYPRESS October 13, 1998 Page CABLE TELEVISION AND TECHNOLOGY COMMISSION - Appointment of new Commissioner CATV- request from Mayor Jones to post Commission meeting agendas CODES-CONFLICT OF INTEREST- adoption of Reso adopting revised Conflict of Interest Codes CULTURAL ARTS COMMISSION - Presentation of Mayor's Proclamation to Philip Nham CULTURAL ARTS COMMISSION - Approval of an art sculpture CUP 98-12 - Continuation of Public Hearing for a community care facility CUP 98-16 - Public Hearing of development of 34 residences on Gay & Denni St. CYPRESS POPS ORCHESTRA - Certificate of Appreciation to the City Council FINANCE - WARRANT LISTS - Approval of Warrants NO. 34088 - 34358 FINANCE REVIEW COMMITTEE - Status on the review of the City's financial policies GENERAL PLAN AMENDMENT NO. 98-2 - Public Hearing of development on Gay & Denni LINCOLN AVENUE STREETSCAPE - Authorization to utilize Redevelop. Agency funds LIVE ENTERTAINMENT ORDINANCE- Continuation of public hearing re: proposed revisions ORANGE COUNTY TRANSIT AUTHORITY DISTRICT - Renewal of agreement PROCLAMATIONS - Proclaiming October 24-31 as World Population Awareness Week PROCLAMATIONS - Proclaiming October 15 - November 15 as Influenza Prevention Month SIONS - Regulation of lawful and unlawful removal of political signs SOUTHERN CALIFORNIA EDISON - Request to consider opposing Prop. 9 TREES - Request to remove a Bottle tree YOUTH COMMISSION - Loyalty Oath of newly appointed Commissioners 16 4 4 2 16 5-8 8-14 2 16 1-2 8-14 15 5 4 4 4 14-15 14 14 ZONING - PUblic Hearing- Zone Change NO. 98-1 of development on Oay& Denni St. 8-14 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 13, 1998 The Regular Meeting of the Cypress City Council was called to order at 5:52 p.m., Tuesday, October 13, 1998, in the Board Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Jones presiding. PRESENT: Councilmembers Bowman, Carroll, Keenan, Piercy and Jones INTERVIEW SESSION: The City Council met at 5:30 p.m., to interview two applicants for the Cable Television & Technology Commission. Also present were the City Manager, City Attorney and staff members Davis, Hensley, Storey, and Wylie. Also present were FRC members James Phillips, Deborah Strom, Gary Prem and Louie Giampapa. WORKSHOP SESSION: FINANCE REVIEW COMMITTEE Mayor Jones opened the Finance Review Committee (FRC) Workshop Session by commending the Committee for an outstanding report and asked the Director of Finance to present the item. Mr. Storey indicated that the purpose of the workshop session was for the FRC to provide a status on the review of the City's financial policies and to present recommendations to Council. He further stated that the Committee was appointed a year ago and has been meeting on a monthly basis to review different City policies. The FRC decided not to appoint a chairman so they could all be considered equal. The FRC has looked at different City policies and has provided recommendation for changes on some of them. Mr. Storey proceeded in giving a brief summary of the items that the Committee looked at which included, 1) Investment Policy - the FRC recommended certain enhancements and format changes. 2) Budget Document Review - the FRC reviewed the City's Budget Document (Executive) for content and readability and recommended to better explain departmental fluctuations, provide more graphics and include the City's general financial assumptions and critical issues. 3) Reserve Policy - the FRC reviewed the reserve policy regarding the designation of the fund balance for contingency and emergencies. This policy was adopted by the City Council on June 22, 1998. The FRC also reviewed the reserve policies which included Capital Replacement Fund, Employee Benefits Fund, Worker's Compensation Fund, Public Liability Fund and the Cypress Recreation & Parks Fund and recommended no changes. The FRC reviewed the Purchasing/Bidding Policy and recommended that Council consider raising the formal bid from $10,000 to $25,000, the Public Works Contract Bid from $10,000 to $25,000, Blanket Purchase Order from $500 to $2,000 and finally the Petty Cash from $50 to $100. The FRC also reviewed the Equipment Capitalization Policy and recommended that this policy remain the same. The Committee reviewed the OCCRMA Insurance Poll and recommended continuing the City's participation with the City annually reviewing its coverage and costs. The Committee also surveyed other Cities and the Private sector on employee benefits and a report of the survey was included with the staff report. The FRC reviewed the City's past contributions to non-profit organizations and policies of other cities regarding contributions. It was determined that certain criteria should be evaluated prior to making contributions. Finally the FRC reviewed the City's cost allocation policy. It was determined that the current policy of 15% allocation to City- dependent.-Districts with a cap of $75,000 should remain the same. The allocation policy is that all provide money to separate districts, like the lighting district, the special assessments districts and the park districts for administrative costs. In response to Councilmember Carroll, Mr. Storey replied that the Park and Recreation District could be over the cap and per a full cost allocation system study, prepared in 1990, the appropriate allocation is 15%. Councilmember Carroll also questioned what the rationale is for not being able to afford it. Mr. Bowman stated that it is a separate taxing entity and the only way to cover the payment would be allocation for the administrative expense and it would necessitate the increase of the tax. CITY COUNCIL MINUTES October 13, 1998 Following discussion on subsidizing the allocation policy by the Council, the City Manager suggested to bring back to Council further information detailing the additional cost and what services would be cut down in order to reimburse the City. The Mayor stated that they do not want to cut the services and it is not the direction that Council would like to take. The City Manager indicated that the costs could be allocated and presented to Council to make a decision on charging the cost to the Recreation District and if it is, it will increase the amount of money in the general fund. In response to Mayor Jones about the Non-Profit Contribution Policy being a new one, Mr. Storey indicated that there wasn't one in place and it was determined that certain criteria should be evaluated prior to making contributions and that is why it was created. Councilmember Carroll questioned the need of increasing the bids. A member of the FRC responded that they did a study of the last 12 months proposals presented to Council for approval. They were broken down into several categories by amounts and felt that about a third to 40% should go to the City Council, so based on that criteria, 25,000 was determined. The City Council furthered discussed the bid increases and indicated that they agreed with the increase of the Public Works Contract Bid but did not agree in the increase on the Formal Bid. The City Council thanked the Finance Review Committee for their time in reviewing all of the aforementioned policies. It was moved by Councilmember Bowman and seconded by Mayor Jones to bring the policies before Council. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: Mayor Jones recessed the meeting at 6:20 p.m., to enable the Council to continue their meeting in the Council Chamber. CLOSED SESSION: The City Council went in to closed session at 6:26 p.m. to discuss the Liability Claims. 7:00 P.M. SESSION ROLL CALL: The meeting reconvened at 7:00 p.m., with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Christoffels, DeCarlo, Angus, Hensley, Storey and Wilie. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Tom Carroll. INVOCATION: Bishop Brad Smith, The Church of Jesus Christ of Latter- Day Saints, 4th Ward gave the invocation. PRESENTATIONS:: The Deputy City Clerk swore in the newly appointed Youth Commissioners Christopher Ahn, Billy English, Lauren Hovey, Natatlia Martinez, and Jason Sondhi. Mayor Jones presented them with the Certificates of Appointment. Mayor Jones presented a Mayor's Proclamation to Phillip Nham for his dedication to the Arts, and being selected as the Cypress Cultural Arts Commission's Quarterly Arts Recognition Recipient. Mr. John E. Hall, III and Ms. Darlene Allen of the Cypress POPS Orchestra presented the City Council with a Certificate of Appreciation for their continuous support of the POPS Orchestra Band. CITY COUNCIL MINUTES October 13, 1998 REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager reported that the City Council held a workshop session at 5:30 p.m., on this day, with the Finance Review Committee in which the Committee reported on their work related to a number of assignments that they have completed on behalf of the City. This Committee is comprised by citizens with particular expertise in the areas of human resources and finance. The Committee has reviewed the Oity's Policies and has made recommendations to the City Council. Some of these recommendations have been adopted by the City Council and the others relating to the investment policy, the way the budget is presented to the public, reserve policies for all the major funds within the City, purchasing policy, equipment capitalization policy, cost allocation policy and our participation in the self-insurance pool for liability insurance and workers compensation. The presentation provided detailed information to the City Council. The City Council is currently active on some of the recommendations and the others will be presented to them for final adoption. The City Attorney reported that the City Council held two closed sessions under the authority conferred upon it by the Ralph M. Brown Act. The first under Government Code Section 54956.95 to consider a claim for subrogation filed by Mercury Insurance. Upon recommendation of the staff, the City Council unanimously determined to reject that claim. The second was to provide the City Council with a status report on a matter of litigation under Government Code Section 54956.9(a) titled Almeyda v. The City of Cypress. The Council provided a status report and unanimously authorized engaging on an accident reconstruction expert, if necessary, in defending the City's position. ORAL COMMUNICATIONS: Limited to one-half hour. Mayor Jones invited the Community to join in several events scheduled for Saturday, October `17, '1998 to celebrate the Ground Breaking Ceremonies for the Lincoln Streetscape Project and the Roller Hockey Rink that will include a street fair and several activities for the whole family. Kitty Gritchen a 21 year resident of Cypress spoke about Knott and Leilani being under the jurisdiction of Cypress. Ms. Gritchen asked that the City investigate if this intersection is under the jurisdiction of Cypress and to address the traffic problems at that location. She also commended Mayor Jones and Councilmember Carroll for their outstanding services during their tenure in the City Council. Linda Sunley spoke about the ballot measure B, section 2 relating to the pay for the Commissioners. She stated that there is some inaccuracy items in that section and asked Council to address the issue. City Manager requested that this question be answered by the Community Development Department at the next Council Meeting. Mayor Pro Tem Keenan thanked the Chamber of Commerce for conducting the Candidate Forum and the Marriott for hosting the event. Mr, Keenan indicated that the event was educational and announced that it was going to be televised on Channel 78. 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. It was moved by Mayor Pro Tem Keenan and seconded by Mayor Jones to approve the Consent Calendar Items No. `1-7 with the exception of item ¢¢4 pulled by Councilmember Carroll. The motion unanimously carried with following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CITY COUNCIL MINUTES October '13, 1998 Item No. 1: Motion to Approve City Council Minutes of September 28, 1998. Recommendation: That the City Council approve the Minutes of the Regular Meeting of September 28, 1998, as submitted. Item No. 2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 3: Proclaiming October 24-31, 1998 as "World Population Awareness Week". Recommendation: That the Mayor and City Council officially proclaim October 24-31, 1998, as "World Population Awareness Week" in the City of Cypress. Item No. 5: Proclaiming October 15 - November 15, 1998, as "Influenza Prevention Month". Recommendation: That the Mayor and City Council officially proclaim October 15- November 15, 1998, as "Influenza Prevention Month". Item No. 6: Request From Mayor Jones to Post Board and Commission Meeting Agendas on Cypress City Chahne136. Recommendation: That the City Council direct staff to post Board and Commission agendas on the Cypress City Channel 36. Recreation & Park District Matters: Item No. 7: Renewal of Orange County Transit Authority Agreement for the Period of 9/1/98 - 6//30/99. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, approve the Orange County Transportation Authority Agreement No. C-8-0189 for the period of September 1, 1998 through June 30, 1999, to continue transportation services to the Senior Center for Cypress seniors. Councilmember Carroll explained that he pulled item # 4 Adoption of Resolutions Adopting Revised Conflict of Interest Codes for the City of Cypress and the Cypress Recreation & Park District, from the Consent Calendar because there is no section in the Resolution that indicates that a conflict of interest doesn't end when you end your job, it could continue if you take on certain types of appointment. The City Attorney stated that biennially the Fair Political Practices Commission(FPPC) issues a directive to each legislative body requiring them to review their Conflict of Interest Code to make sure that the code meets the requirements of the Fair Political Practices Act which addresses itself solely to the issue of financial interest and conflicts that arise from financial interest. The Resolution presented will revise the City and the Recreation and Park District's Conflict of Interest Codes into conformity with current FPPO regulations. Because the FPPC modifies its code on a yearly basis, the FPPC has recommended that cities adopt language which incorporate by reference the regulations adopted by the Commission without formally every year amending the conflict of interest code to bring it into conformance. The City Attorney further stated that we have addressed only the requirements under the Fair Political Reform Act. The conflict of interest issue raised by Councilmember Carroll is not something that would be addressed in the Political Reform Act but if the City Council desires they could address it either in the form of the Council's own code of ethics or in the form of supplemental legislation that would address issues not directly covered by the Political Reform Act. The City Attorney recommended that the City Council adopt the Resolution revising the City and the Recreation and Park District's Conflict of Interest Codes at this meeting as there is a deadline which is the end of October 1998. City Attorney indicated that if Council wishes to direct staff to look into other ethical standards above and beyond required by state law it could do so as Cypress is a charter City. 4 CITY COUNCIL MINUTES October 13, '1998 Councilmember Carroll agreed to act on what was presented but felt that Cypress should have as part of its code, in the code of ethics, a conflict of interest that when you work for the City as a Councilmember or a higher ranking staff, there is a two year window of time where you can not take employment with parties that you have been dealing with as a City representative. Councilmember Keenan agreed with Councilmember Carroll and indicated that there is a current policy that applies to Councilmembers prohibiting them to be employed by the City of Cypress for the period of two years after leaving office. Mr. Keenan indicated that this could also be applied to industry positions for Councilmembers as well as Department Heads. City Attorney informed Council that the City of Los Angeles has an existing policy with respect to the issues raised and suggested that the Council could review a copy of that policy as well as others from other cities and then discuss the issue in detail possibly in a workshop. It was moved by Councilmember Carroll and seconded by Mayor Pro Tern Keenan that the City Council and acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, adopt the Resolutions by title only, titles as follows, adopting the revised Conflict of Interest Codes for the City of Cypress and the Cypress Recreation and Park District. and direct staff to come back with information on conflict of interest to also include private industries and key City employees. RESOLUTION NO.5018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. RESOLUTION NO. 194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF PUBLIC HEARING RE: PROPOSED REVISIONS TO CYPRESS LIVE ENTERTAINMENT ORDINANCE, Mayor Jones announced that this item will be considered at the October 26, 1998 Council Meeting. CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-12, REPRESENTING AN ADDITION OF ONE ('1) RESIDENTIAL DWELLING UNIT FOR COMMUNITY CARE FACILITY USE, RESULTING IN MORE THAN SIX (6) RESIDENTS UNDER CARE, LOCATED AT 540'1 BISHOP STREET, CYPRESS. Alice Angus, Acting Community Development Director, presented the item which was continued from the September 28, '1998 meeting. At that meeting, the City Council asked for more information regarding the proposed community care facility which included the specific type of license the applicant would be obtaining from the State licensing agency, its definition, the parameters and requirements for the license, the staffing required and proposed for the subject facility, and the ultimate number of beds proposed at the subject facility. CITY COUNCIL MINUTES October 13, 1998 The proposed facility will be licensed as a "Residential Care Facilities for the Elderly". Upon review of the requirements and restrictions involved in the State licensing procedure for a "Residential Care Facility for the Elderly" license, staff found that the operation of the proposed use would be adequately restricted and regulated by the State Department of Social Services, Community Care Licensing Division. Additionally, as conditioned, to limit the entire facility's number of beds to eight (8), the entire two- unit facility resulting from the addition of the proposed additional dwelling unit will meet City parking requirements. As discussed in the previous staff report for this project, the proposed community care facility does not meet the State's specified findings to justify denial of such a facility at this location. Based on concerns voiced by the public and the City Council during the City Council hearing on September 28, 1998, staff has also added additional text to Condition No. 19 to require an amendment to the Conditional Use Permit if the specified type of community care license is changed from a "Residential Care Facility for the Elderly" to any other type of license. No additional comments have been received from the public in regards to this application. Based on the information and analysis presented, staff recommended that the City Council adopt the Resolution for approval of Conditional Use Permit No. 98-12, subject to the revised conditions of approval in Exhibit "A" of the Resolution. In responding to Councilmember Bowman's question about the type of license, Ms. Angus replied that the applicant started with the process and the license has been determined. Mayor Jones commented that she noticed that Condition 22 was added. She indicated that one of the conditions spells out the CUP is only valid if the license is valid and the license is specific for community care for elderly versus a standard community care. Ms. Angus indicated that Condition 22 was added as it is required by the code requirements in looking at whether the facility or the use would be compatible with the neighborhood. Condition # '19 states that any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 98-'12, including a change in the type of Community Care License from a Residential Care Facility for the Elderly, will require an amendment to the Conditional Use Permit. Mayor Jones asked if any condition talks about what would happen if the license expires. Would that trigger the cancellation of the CUP? Ms. Angus indicated that Condition #4 talks about all the requirements in the various licenses and agencies but agreed to add another condition that would talk about the expiration of the license. Mayor Pro Tern Keenan suggested adding the wording "including the change or expiration" to Condition #19. In responding to Mayor Pro Tem Keenan's question about how many beds per room, Ms. Angus replied that as part of the conditions of approval based on the parking that is provided it will be limited to one bed per room. Barbara Maya spoke against the project, She feels that this facility should be prohibited access from the alley as it is not used as a regular road and only be allowed access from the front of the facility. She expressed concerns about the possibility of the applicants allowing drug rehabs in the future. Mayor Jones indicated that it is mandated by State Law that rehab and care facilities be in local communities and asked staff to address the access through the alley. The Public Works Director indicated that a number of properties already utilize the alley and it wouldn't be logical to prohibit access to one specific property and the access is safe when executed properly. Per Mayor Jones' request, Alice Angus went over the criteria for the elderly care facility versus other care facilities which she had read previously. 6 CITY COUNCIL MINUTES October '15, 1998 The City Attorney indicated that the number of occupants allows the City to condition to review the CUP. If they were to occupy the facility with the number which they are entitled to as a matter of right and got the necessary State license the City wouldn't have any input in that process. The City Attorney indicated that the State will be the one to issue the license and at any time the applicants could get a license to house any number of types of occupants consistent with the State License and the City would not be made aware of it. Scott Rice spoke on behalf of his stepfather relating to concerns about the facility. He indicated that the property has been raised a foot high and asked for consideration to install a drainage as he lives directly next to the facility and is afraid that with the weather patterns it might flood his property. He also requested that Council consider the possible noise problem that this facility will create. The Mayor asked about why the property was raised. Mark Christoffels indicated that when the final grading is done on the lot, it is to be drained to the street. In terms of the height they are complying with the current building code which requires a certain minimum elevation for potential floods. Mayor Jones asked that staff conduct an inspection to assure that it will drain properly. Mayor Pro Tern Keenan asked if a block wall is required between the properties. Ms. Angus responded that it is not but under the CUP it will be under the Council's discretion. In response to Councilmember Carroll's question, Ms. Angus replied that the Community Care Licensing Division conducts an annual inspection of the facility and inspects within 10 days of receiving a complaint. Mayor Pro Tern Keenan asked about the level of staffing and expertise of the staffing under this license. Ms. Angus indicated that there is a requirement for a licensed care giver and a licensed administrator and both do require a training certification. In terms of the number of occupants it is only required to have one care giver and one administrator. Mayor Jones brought up the block wall issue raised by Mayor Pro Tern Keenan and suggested that for privacy issues and consideration to the neighbors a block wall should be part of the CUP. Mayor Pro Tem Keenan agreed that a block wall will be adequate considering the type of business that it is. In response to Councilmember Piercy's question about the two units being connected, Ms. Angus replied that in terms of a interior physical connection they are not showing one. John Luengas spoke about the possibility of parking problems due to this facility. In responding to Mayor Jones and Mayor Pro Tem Keenan, Ms. Angus indicated that there is a total of 4 parking spaces and there is also the garage and the driveway area in which vehicles could park but these spaces were not counted as the parking requirements. City Attorney went over the amendments that Council asked for. He started with exhibit A and added a condition 3 that says "there shall be a 6 ft., high block wall between the property in each adjoining residential unit" and suggested to add condition # 5 to replace old condition #4 to read "all requirements of the California Department of Social Services Community Care Licensing and the issuance of a license by Community Care Licensing for a residential care facility for the elderly, all requirement of the California Department of Social Services Community Care Licensing, Orange County Fire Marshal's Office, Orange County Health Department, and Cypress Building and Safety Division shall be satisfied prior to commencement of the community care facility operation". 7 CITY COUNCIL MINUTES October 13, 1998 Old condition # 19 should be changed to read "any expansion or modification of the improved use beyond what is approved as a part of this Conditional Use Permit No. 98- 12, including the expiration of, revocation of, or change in the type of community care license from a residential care facility for the elderly will require an amendment to the Conditional Use Permit." The applicant, Cornel Lucaci, in answering concerns from the public and by the City Council, indicated that the people that will be living in that facility will not be able to drive. To further answer Mayor Jones concerns, Ms. Angus said that the occupants are expected to be in physical condition to drive and the parking study was done as such. Ms. Angus indicated that maybe the applicant will have his own rules as far as not allowing the occupants to have vehicles or to drive. The applicant assured the City Council that the occupants are not confined to their beds and the only medical procedure that they will be handling will be the administering of medication prescribed by their Doctors. If they are in need of medical attention they will be taken to a hospital. In response to Councilmember Carroll, Ms. Angus indicated that the parking standard is based on the number of staff and the number of occupants and accounting for visitors and physical therapists. Mayor Jones explained to the applicant that prior to his arrival, the Council decided to add a block wall as part of the CUP. The applicant did not have any opposition in the addition of the block wall. It was moved by Councilmember Piercy and seconded by Mayor Pro Tern Keenan to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 98-12, subject to the revised conditions in Exhibit "A" of the Resolution and the addition of Condition # 3 & #5 and the appropriate changes to Condition # 19. RESOLUTION NO. 5019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 98-12 - WITH CONDITIONS. The motion unanimously carried with the following roll call vote. AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 98-2, ZONE CHANGE NO. 98-1, CONDITIONAL USE PERMIT NO. 98-16 AND TENTATIVE TRACT MAP NO. 15754, DEVELOPMENT OF 34 SINGLE-FAMILY RESIDENCES LOCATED AT THE NORTH END OF GAY AND DENNI STREET. The City Manager asked the Acting Community Development Director, Alice Angus, to present the item. Ms. Angus gave a detailed presentation of the item which presented to the City Council a request for a General Plan Amendment and Zone Change to amend the land use designation of the subject properties from Low Density Residential( 0-5 dwelling units per gross acre) to Medium Density Residential (5.1-15 dwelling units per gross acre) and change the zoning of the properties from RS-6,000 Residential Single-family to RS-5,000 Small Lot Residential Single-family. The second part of the proposal included applications requesting the approval of a conditional use permit and tentative tract map to subdivide the six subject properties into thirty-four single-family homes located at the north end of Gay and Denni Streets. The proposed General Plan Amendment and Zone Change could lead to a change in the character of this area, although the slightly higher density of the development is consistent with a number of the goals of the City's General Plan, the proposed development can only be approved pending the adoption of the General Plan Amendment and Zone Change, As designed, the proposed development meets all of the applicable development standards of the RS-5000 Residential Single-family Zone, although some final design issues have not been confirmed. The proposed project was originally presented as a thirty-six unit development with one main access point on Denni Street and an emergency access point onto Gay Street. 8 CITY COUNCIL MINUTES Oc~:ober 13, 1998 Subsequent to that submittal, the applicant submitted a revised site plan that represented a reduction in the number of units to thirty-four and a change in the emergency access point on Gay Street to a full gated ingress and egress access point. Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. The applicant informed staff that three community meetings were held with the neighbors that live in the vicinity of the subject site in order to solicit comments regarding the proposed project. After the first meeting with the residential neighbors, staff received several calls and letters from residents of that area who expressed concerns regarding the density of the project, the increased traffic from the development, noise impacts, increased demand on utilities and the negative implication that a gated community would have on their neighborhood. The property owner who resides at the end of the east side of Gay Street, expressed additional concerns regarding the long wall on Gay Street and privacy issues related to her proximity to the development. As a result, staff added a condition requiring the installation of mature landscaping along the property line of the project site to reduce the potential impacts from the development. Also received on this day, was a letter by Ralph Miller which stated concerns relating to the increase of density and the traffic on the street. Two form letters opposing the development were also received this day and represented about 12 different properties along Gay Street The first letters expressed concerns about the traffic, the proposed compound at the end of the street, curbs and gutters along the street, storm drain problems that have occurred in the past and what type of impact this development might have on those type of public facilities. The second letter expressed concerns about the danger of increase in traffic due to the change in zoning or density, non-conformance with the existing environment, the secluded nature of the residents behind the gated compound, change in drainage, decrease in property values, disruption to the neighbors in regards to the keeping of live stock and tranquillity in that area. Based on the analysis presented, staff recommended that 1) City Council determine that the change in the land use designation from Low Density Residential to Medium Density Residential and from RS-6,000 Residential Single-family to RS-5,000 Small Lot Residential Single-family is consistent with the Goals and Policies of the Cypress General Plan and with the future vision for the Gay and Denni Street area. 2) Adopt a Negative Declaration and direct staff to file a Notice of Determination and De Minimis Impact Exemption. 3) Adopt Resolutions approving General Plan Amendment No. 98-2, and authorize the first reading of the Ordinance for Zone Change No. 98-1 and approving Conditional Use Permit No. 98-16 and Tentative Tract Map No. 15754, subject to the conditions in Exhibit "A" pending Zone Change NO. 98-1 becoming effective. For the record the City Manager informed the City Council that about 5:15 p.m. and 5:30 p.m. on this day, staff received phone calls in support of the project from Anne Shimoho who resides on Denni Street, and April Christianson, Susan and Robert Zosario. Councilmember Bowman announced that he was abstaining and left the dais. Mayor Jones commented that this is a very complex issue presented to the City Council. She indicated that this a good example of why she supports a Planning Commission as it is not fair for the City Council to look at this proposal in such a short period of time and with only one hearing. It does not give the people of this City a real voice to cover this complex issue with one hearing time. Mayor Jones asked about the private streets, sidewalks and width of the streets and the fact that the lots were compared to RS-8000 lots in the neighborhood. She asked staff to point out the sidewalks and parking in the plans. Ms. Angus responded that in terms of the lot sizes staff has not subtracted out the particular street pattern to see what the lots would be because the City standard does allow for the inclusion of a private street within the calculation but they did make an attempt to lay out a lot pattern where each lot would have to be in its own and came up with about 25 lots that would fit if the street system is not included. Ms. Angus verbally went through the locations of the sidewalks and the parking. CITY COUNCIL MINUTES October '13, 1998 In responding to Mayor Jones request for language of the pocket park, Ms. Angus indicated that the space is primarily grass, landscaping and a sidewalk system and would not be counted for the park fee requirements. The pocket park will be private and only used by the gated community. Mayor Jones also asked if and where the street width changes, Ms. Angus indicated that it does and verbally pointed out where the street width changes in the plans. In regards to Mayor Jones' question about street lighting improvements, Ms. Angus indicated that as part of this development, the developers are not proposing to do curb, gutter or street lighting improvements to the areas. In response to Mayor Pro Tem Keenan's question about the private streets, Ms. Angus replied that the Home Owners Association would maintain the private street and it could still be a private street if the project was not gated. There is an issue with Denni Street becoming private as it would have to be vacated as there is a public part of the road that does extend next to the proposed homes. Mayor Pro Tem Keenan commented that he learned that the City does not own the streets but is an easement granted and is that factored into RS-6000. Alice Angus indicated that RS-6000 would be the lot size not including the street itself. Mayor Pro Tem Keenan advised that he received phone calls from residents with concerns about the proposed development and after the applicants held the first community meeting. He also announced that he attended a presentation of the project by the Olson Company with Councilmember Carroll. Mayo Pro Tem Keenan asked staff to explain how this project will drain. Mr. Christoffels explained that a requirement of this project would be that they have to safely convey all drainage out to Crescent and their proposed method would be a pipe placed in the ground. There will be no drainage impact to any adjoining development and it would be a 10 year flood level. Councilmember Carroll commented that he attended a project presentation by the applicants and asked if the Fire Authority has looked at the street plans and if they have responded on the safety. Ms. Angus indicated that the Fire Authority has looked at the plans and did not find any problems with the street lay out. Police Chief indicated that personnel and training staff has also looked at the plans and did not find any problems. In responding to Councilmember Carroll's question about how RS-5000 in the proposed project compare to RS-5000 on Walker, Ms. Angus replied that in terms of the RS-5000 zone, the project off of Walker Street was the only project approved under that zoning. In order to determine how many lots you can have you would have to take the gross area and divide by 5,000 square feet. In regards to the development in question, staff is including the private street within the lot measurements. The lots range from a low of 5,000 sq. ft., to a maximum of over '10,000 sq. ft., with the average being over 6,100 sq. ft., in area and it is less dense than the project approved on Walker. Mr. Dave Schaffer, Vice President Development for the Olson Company gave a brief presentation of their desire to develop in this area. Six months ago they looked at this property and felt that there was an incredible opportunity to enhance the community. He indicated that at the end of July they held the first community meeting in which public notices were sent to residents within the 300 feet from the proposed development. He indicated that they received great input from the community and it was well attended. Considering the issues raised at this community meeting they went back to the drawing board and came back with new plans to the community. The third meeting was held three weeks ago from this day and the final plan was finalized and it is now being presented to the City Council. Mayor Jones commented that considering the price and the number of bedrooms the project is going to offer, there will be a lot of families moving in to these properties. She is concerned on having only sidewalks on one side of the street for safety reasons mainly for the children. l0 CITY COUNCIL MINUTES October '13, '1998 Councilmember Carroll asked if an analysis on a conventional RS-6000 was looked at. The applicant indicated that they started out with the preliminary land determined that it was not a feasible point to pursue. Mayor Pro Tem Keenan asked the applicants why they chose to develop a gated community. The applicant indicated that it is primarily a selling point that brings a real value to the community. The gates are basically to address traffic problems and safety issues. Mayor Jones commented that sidewalks are a high concern to her and feels that the proposed development should have them. The Mayor further said that she does not feel that the gates are going to cut down traffic. She commented on the applicants stating that it was not economically feasible for an RS-6000 development. Mayor Jones asked the applicants if it is not economically feasible because they are not maximizing the profit to their company by putting an RS-6000. Councilmember Piercy asked what the applicants are proposing to do about the 4 dwelling units at the Denni entry if they put the gate back. Applicants indicated that the units will be sold as part of the complex but will not be a part of the Home Owners Association. In responding to Mayor Jones' question about the Home Owners Association maintaining the storm drain, Ms. Angus replied that they will only maintain it within the project limits and not in terms of the storm drain added on Gay Street. The Public Works Director indicated that they would have to clean the storm drain within the project and ascertain that the debris are kept out of the inlets but once it gets to Gay Street it will be the City's responsibility. Mayor Jones asked about the stop sign mentioned by the applicant. Public Works Director indicated that it would have to go to the Traffic Commission and the City would have to conduct traffic studies and evaluate the need for a stop sign. In response to Councilmember Carroll, Ms. Angus replied that the landscape plan is required and it does need to be provided prior to building permits being issued. The Public Works Director indicated that the landscape will be maintained by the Home Owners Association and an agreement will be signed to ascertain that. In responding to Mayor Jones' question about how much room is there between the wall and the street, Public Works Director responded that there is 10 to 15 feet of land adjacent to the asphalt roadway that is currently owned by the citizens of Cypress. The City would enter into an agreement with the Home Owners Association to ascertain that they maintain the 10 to 15 feet within the public right of way. Pauline Iron, Butch King, Maria Porras, Esq., Mariah Ryner, Gail Simmons, Joe Ryner Jr., Martin Brown, John MarkCropton, Dan Iron, Robert Rowe, Carrie Kotsomota, Jaine West, Bob Gissell, Rick Barba, Rodney Barba, residents of Gay Street, Denni Street and Fountainblue spoke in opposition of the project and the zone change to RS-5000. They expressed several concerns and pointed out that they would like that lot developed in conformance with the existing RS-6000 zoning and would like the rural area to remain the same. The concerns varied from drainage problems, more traffic, less density, parking problems, decrease in property values, noise level increase, access to Denni Street, opposition to the gate, and fewer homes. In responding to Councilmember Piercy's question about how many houses can be built in the current RS-6000 zone, Ms. Angus replied that they did a rough lay out and the best estimate was 25 homes. Councilmember Piercy announced that she also attended a presentation by the applicants. Councilmember Carroll asked if the RS-6000 zoning comes down all the way to Crescent. Ms. Angus indicated that in terms of the existing RS-6000 it does go down to Crescent and in terms of the RS-5000 it only involves these specific areas. The northern triangular area north of Crescent is primarily low density RS-6000. '1'1 CITY COUNCIL MINUTES October 13, 1998 Kerry Choppin and Dave Schaffer from the Olson Company gave an additional presentation of the proposed project and addressed some of the detailed points. Mr. Choppin indicated that in the community meetings they held, about 20 people approached them in support of the project. He indicated that they held three community meetings that were well attended. Mr. Choppin indicated that this project could be continued to study the different points that were raised as they want a good development for the community and it is not their intent to impact the Gay Street community. Mayor Jones commented that the City is working with the firm and feels that the Olson Company has a positive reputation and can be a good addition under the right scenario. In responding to Councilmember Carroll, the applicant said that they would consider removing the gates. The RS-5000 allows 41 houses but they were considering 36units and have reduced it to 34 units after holding the community meetings. The RS-6000 allows 27 homes. Dave Schaffer addressed the issue of the drains by stating that the drain is a gravity flow system and is designed with 3 or 4 catch basins. There will be manholes down Crescent for access for clean up, and will be installed by them and maintained by the Home Owners Association. With regards to the horses and who the law protects, Mr. Schaffer indicated that there is an entity called, The California Department of Real Estate, that has a disclosure process with every home that is sold which informs buyers of uses that could affect their property. With regard to the peppers trees, the applicant stated that if there is a possibility to save the trees and use them as part of the project plans they would do so and will look at the possibility. The applicant indicated that there is enough room to incorporate sidewalks on both sides of the street and they would be willing to incorporate them. Mayor Jones commented that she still has a concern about the gate and feels that the development should be compatible and asked the applicants to reconsider downsizing Mayor Jones indicated that the item could be considered again in two weeks so the applicant can come back with the design on the gate and possibly with new numbers of units to remain on the RS-6000 Zone. Mayor Pro Tem Keenan commended the citizens for participating in this hearing and providing their input. He also commended the applicants for holding several community meetings to introduce the project to the citizens and to receive their input. Mayor Pro Tem Keenan indicated that the tranquillity and rural nature of the area will be impacted to an extent regardless of what type of development is approved. He feels that the developer has some realistic numbers. Mr. Keenan also announced that he agrees with Councilmember Carroll as to being available to anyone that would like to speak to them. Councilmember Carroll commented that several studies were done and it was determined that it is not viable to build in the RS-6000. He indicated that he feels that RS-5000 is viable and the main issue presented to the City Council is the change of the zone for a higher density and it will be Council's decision to determine the change. In responding to Mayor Jones' question about the 41 units having private streets or public streets, Ms. Angus indicated that taking the net land area and dividing by 5,000 would determine the maximum number which would mean that it would be private streets measured to the center line. Mayor Jones commented that she doesn't know if the R6000 is the only way to go but possibly getting an area that has less density or wider streets to make it more compatible to the existing area. The Mayor asked the developer to bring back a new plan for consideration by the City Council in two weeks. 12 CITY COUNCIL MINUTES October 13, 1998 In response to Councilmember Piercy, the applicants replied that the gate was configured as a requirement to address the traffic issues. The applicants also said that this type of development normally requires a wall but if the walls are a concern they could look at the option of different wall structures and would consider removing them. Councilmember Piercy commented that she would not like to see the zone change as the citizens in that area are for the development of that site but would like something compatible to the existing rural area. The City Manager indicated that there are two issues before the Council, the first one is a General Plan and Zone change issue and the second being a project which are both separate and distinct. The City Manager said that the City Council also discussed concerns over the calculation for the RS-5000 in the General Plan and asked to take into consideration the private street following a model that we have used in the past but taking in consideration that the private streets goes into the calculation of the RS- 5000. A potential solution for that, in terms of guidance for the discussion for the next session, that the focus be on the RS-5000 and not consider the private street as a part of the calculation. Another alternative would be for the City Council to require that the private street be consistent with the widths required of a public street. The City Attorney indicated that we should not let the project outcome drive the determination about whether or not we are going to consider a General Plan Amendment or a Zone Change. The City Council needs to make a planning determination and then we let the developer of the property design a project consistent with the general plan and the zoning of the property. Councilmember Carroll indicated that we already have the RS-5000 definition and the first step would be to decide to apply it to this area and then approve the development. The City Attorney indicated that the City Council should determine if they wish to zone the particular parcel to RS-5000. If it does, then we go forward with the conditional use permit and the detail planning process. If the answer is no and the zoning remains the same, then the applicants would have to decide if they wish to restructure the project and present it to the City Council for consideration. It was moved by Councilmember Carroll and seconded by Mayor Pro Tem Keenan to continue the hearing and agendize the consideration of the zone change. The motion failed with the following roll call vote: AYES: NOES: ABSTENTION: ABSENT: 2 COUNCILMEMBERS: Carroll and Keenan 2 COUNCILMEMBERS: Piercy and Jones 1 COUNCILMEMBERS: Bowman 0 COUNCILMEMBERS: None It was moved by Mayor Jones and seconded by Councilmember Piercy to reject the Resolution adopting General Plan Amendment 98-2. The motion failed with the following roll call votes: AYES: NOES: ABSTENTION: COUNCILMEMBERS: Piercy and Jones COUNCILMEMBERS: Carroll and Keenan COUNCILMEMBERS: Bowman It was moved by Mayor Pro Tem Keenan and seconded by Councilmember Carroll to continue the hearing in two weeks to get clear direction on the Gay Street issue. The motion carried with the following roll call vote: AYES: NOES: ABSTENTION: COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones COUNCILMEMBERS: None COUNCILMEMBERS: Bowman RECESS: Mayor Jones recessed the meeting at 11:13 p.m. and was called to order at 11:29 p.m. CITY COUNCIL MINUTES October 13, 1998 It was moved by Councilmember Piercy and seconded by Mayor Pro Tern Keenan to continue the Council Meeting after 11:30 p.m., as required by law. The motion carried with the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones COUNCILMEMBERS: Bowman COUNCILMEMBERS: None NEW BUSINESS: REQUEST TO REMOVE A PARKWAY TREE AT 10732 CHESTNUT STREET The Public Works Director presented the staff report which indicted that Ms. Corine Judd was appealing staff's denial to remove the Bottle tree. Staff indicated that is a healthy 5-year old tree and has no history of causing damage to the sewer system. The minor sidewalk damage can be repaired without removal of the tree. Ms. Judd's request was based on not only the sidewalk damage but concern for safety of the children playing in the area should more branches fall off the tree. Following a brief discussion, it was moved by Mayor Pro Tern Keenan and seconded by Mayor Jones to authorize the removal of a parkway tree at 10732 Chestnut Street. The motion carried with the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Keenan and Jones 2 COUNCILMEMBERS: Carroll and Piercy 0 COUNCILMEMBERS: None REQUEST FROM SOUTHERN CALIFORNIA EDISON TO CONSIDER OPPOSING PROPOSITION 9, THE ELECTRIC UTILITY RATE REDUCTION AND REFORM. The Mayor withdrew the item as it was agendized inadvertently. POLITICAL SIGNS; REGULATION OF LAWFUL AND UNLAWFUL REMOVAL. The City Attorney presented the item which presented a consideration for a legislation to impose fines for "unauthorized removal of political signs". Mayor Pro Tern Tim Keenan called to the attention of the office of the City Attorney an article appearing in the Los Angeles Times dealing with litigation brought by the City of Thousand Oaks to impose fines for unauthorized removal of political signs. Given the extent to which political signs are being utilized in the ongoing campaigns to fill three vacant seats on the City Council, the Mayor Pro Tem queried the City Attorney's office whether legislation ought to be considered, crafted, and ultimately adopted in an effort to prohibit this form of campaign. The Cypress Zoning Ordinance is silent with respect to any prohibition on the unauthorized removal of political signs. It is staff's recommendation that the City Council receive and file the report and give staff such direction as the Council deems appropriate. Mayor Pro Tem Keenan commented that he brought up this issue because this does happens in our City and feels that it is very inappropriate for these actions to be permitted and would like serious consideration of this item. Councilmember Piercy commented that she understand the concerns but feels that creating more laws to protect signs is not necessary and the City should not be involved. In response to Mayor Pro Tem Keenan, the City Attorney indicated that it is a civil proceeding to sue the thief for the value of the items stolen. Councilmember Carroll indicated that in his opinion this should be a criminal proceeding. The Police Chief indicated that it would be considered petty theft and it would be sufficient for what Council is asking and the punishment would be up to $1000 fine and 6 months imprisonment. 14 CITY COUNCIL MINUTES October 13, 1998 It was moved by Mayor Jones and seconded by Councilmember Piercy to receive and file the report. The motion carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None AUTHORIZATION TO UTILIZE REDEVELOPMENT AGENCY FUNDS TO PAY FOR A PORTION OF THE LINCOLN AVENUE STREETSCAPE IMPROVEMENTS. Alice Angus, Acting Community Development Director, presented the item which indicated that according to the Community Redevelopment Law, the City and the Redevelopment Agency have the authority to authorize the use of redevelopment agency funds for the improvements along Lincoln Ave. The staff report goes through the necessary findings and the funding amount is not to exceed $890,000. Staff is recommending that the City Council and acting as the Cypress Redevelopment Agency respectively adopt resolutions approving utilization of Cypress Redevelopment Agency funds to pay for public improvements related to the Lincoln Avenue streetscape project. In response to Councilmember Carroll, Ms. Angus indicated that the Redevelopment Agency as a funding source can pay for improvements on Lincoln if they are looking to benefit the redevelopment project area and it helps to spread the fund through various sources. The City Manager added that the reason that the amount is $890,000.00 is that this is the amount of money Council set aside for the project in Lincoln Ave., and therefore it is being incorporated in to the project and was the source of funds that we wanted to use consistent with Council's direction before we use general fund money. City Manager indicated that Councilmember Bowman raised the issue to bring back to the City Council the question of whether or not the balance that comes out of the general fund be funded by the Redevelopment Agency and a loan from the General Fund to the City and the Redevelopment Agency and paid back as a debt. There is an item relating to continuing debt which will be considered at the next meeting. It was moved by Councilmember Bowman and seconded by Councilmember Carroll to adopt the resolutions by title only, titles as follows, approving utilization of Cypress Redevelopment Agency funds to pay for public improvements related to the Lincoln Avenue streetscape project and making the findings required by Section 33445 of Community Redevelopment Law. RESOLUTION NO. CRA-82 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY APPROVING THE FUNDING FOR PUBLIC IMPROVEMENTS RELATED TO THE LINCOLN AVENUE STREETSCAPE PROGRAM AND MAKING THE FINDINGS REQUIRED THEREFOR IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445. RESOLUTION NO. 5020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE FUNDING BY THE CYPRESS REDEVELOPMENT AGENCY OF THE LINCOLN AVENUE STREETSCAPE PROGRAM AND MAKING THE FINDINGS REQUIRED THEREFOR IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33445. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 15 CITY COUNCIL MINUTES October 13, 1998 APPOINTMENT TO THE CABLE TELEVISION AND TECHNOLOGY COMMISSION. Mayor Jones announced that after interviewing two candidates, the City Council has selected Brian Black as the new Commissioner. APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 34088 - 34358. It was moved by Councilmember Piercy and seconded by Mayor Pro Tem Keenan to approve the Commercial Warrant Lists for Warrants No. 34088 - 34358 in the amount of $'1,270,204.94. The motion unanimously carried with the following roll call vote: AYES: NOES: NOES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: RECREATION & PARK DISTRICT MATTERS: APPROVAL OF A RECOMMENDATION FROM THE CYPRESS CULTURAL ARTS COMMISSION TO APPROVE, IN CONCEPT, A FRIENDS OF CYPRESS CULTURAL ARTS PUBLIC ART PIECE. Recreation Services Manager Patricia Bailey presented the item which presented a request for approval for the concept of an outdoor public art sculpture with water feature from the Friends of Cypress Cultural Arts (FOCCA). The FOCCA further requested the approval of a site to locate the art piece on the civic center green either adjacent to the City Council Chambers or near the library adjacent to the middle sidewalk area. The Commission is asking the City Council to approve only the concept of a public art piece with water feature, not the art piece itself, as no specific piece has yet been selected. FOCCA advised the Commission that they would like to pursue an art piece that included water but did not want to spend time researching this type of project if the City Council would not accept the water feature aspect. If this concept is approved, the Friends of Cypress Cultural Arts and Cultural Arts Commission will work together to develop a comprehensive and specific project plan for Council's approval. Staff is recommending the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District, approve in concept of a public art sculpture with water feature; and approve a location for the public art piece either near the City Council Chambers or near the library adjacent to the middle sidewalk area. Councilmember Bowman indicated that a water piece would be appropriate and a lot of people would like that idea but his preference for the location would not be on the green as it would interfere with activities. Councilmember Piercy agreed with Councilmember Bowman as to the location not being on the green. It was moved by Mayor Pro Tem Keenan and seconded by Councilmember Piercy to approve in concept of a public art sculpture with water feature; and approve a location for the public art piece to be closer to the corner of Grindlay and Orange. The motion unanimously carried with the following roll call vote. AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. RECESS: Mayor Pro Tem Keenan recessed the meeting at 11:45 p.m., to enable the City Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:49 p.m., with all Councilmembers present. ORAL COMMUNICATIONS: Mike McGill spoke about his political signs being stolen. He indicated that he has filed a Police report and indicated that he is happy that there are ordinances that address these issues. 16 CITY COUNCIL MINUTES October 13, 1998 Councilmember Carroll requested to have a workshop on zoning and a summary of the economic studies for the Lincoln area. He requested that the workshop be scheduled before bringing back the Denni and Gay Street development item. Mayor Pro Tem Keenan recommended to start the October 26, 1998 meeting at 5:00 p.m. to provide the Council with the north-end residential study summary. WRITTEN COMMUNICATIONS: None presented. ADJOURNMENT: Mayor Jones adjourned the meeting at 11:51 p.m. to Monday, October 26, 1998 at 5:00 p.m., in the Board Room located in the West Wing of City Hall. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 17