Minutes 98-09-28CITY COUNCIL MINUTES
CITY OF CYPRESS
September 28, 1998
CABLE TELEVISION AND TECHNOLOGY COMMISSION - Scheduling interview session for appt.
CLAIMS- Reject claim of Linda Beaman
CITY PROMO - Presentation of Certificate of Appreciation to Mr. Edward Verdugo
CITY PROMO -Reconslderatlon to reimburse Cypress Little League
CUP NO. 98-15- request to operate a used auto sales and RV storage at 4902 Lincoln Ave
CUP NO. 98-12 - request for an addition of one unit for community care facility use
CULTURAL ART COMMISSION - certificate of Appointment to Curtis J. Bloch
Page
18
2
2
17
7-9
9-11
2
FINANCE
FINANCE
FINANCE
FINANCE
- Review of Investment Report for the Month of August, 1998
- Apprv of FY 1997-98 Carryover for the City of Cypress
- Apprv of FY 1997-98 Carryover for the Cypress Recreation & Park District
- Warrant Lists- Apprv list for Warrants No. 33933-34087
5
5-6
7
19
GRANTS- Adopt Reso apprv submittal to the CRA 1999-2000 EEM Program Grant
HOLDER STREET BRIDGE- apprv Of traffic study
12-14
LINCOLN AVENUE STREETSCAPE PROJECT- Award of Contract for Public Works Proj. No. 9805
LINCOLN AVENUE STREETSCAPE PROJECT - Award of Contr for Constr Mngr & Project Inspector
ORANGE COUNTY FIRE AUTHORITY - Presentation bY Captain Scott Brown
PARK-MISC. - Apprv of Park Facility Use Policy
PERMIT - Proposed revisions to Cypress Live Entertainment Ordinance
PERMIT- Live Entertainment Permit- Denial of request for Smoofies Java and Juice Joint
POLICE DEPARTMENT - Award of Contract for purchase of special Response Team Vehicle
POLICE DEPARTMENT - Award of Contract for Policy Manual and authorization to spend asset seizure funds
PLANNING DEPARTMENT - Review of development Svc processing and proposal business plan
PROCL & PRES DESIGN - Presentation of "Help People With Mental Retardation Days"
PROCLAMATION - Proclaiming October 5-9, 1998, as "Rideshare Week"
PROCLAMATION - Proclaiming October 24, 1998 as "Make a Difference Day"
PROCLAMATION - Proclaiming October 23-31, 1998 as "Red Ribbon Week"
20-21
7
9
3-4
4
16-17
2&5
4
4
4
STREET IMPROVEMENT - Apprv of Reso requesting to include Various Street and Signal Projects
STREET IMPROVEMENT- Apprv of Lincoln Ave Improvements and Maintenance Agreement
STRATEGIC PLAN - Apprv the first City of Cypress Strategic Plan
5
6
11-12
YOUTH COMMISSION - Appointments and consideration of amendment to Municipal Codes
18-19
ZONING - Design Review Committee NO. 98-34
ZONING - Design Review Committee No. 98-32
ZONING- Apprv of Design Review committee NO. 98-31
ZONINO- MISC. - Permit request to place a storage container at St. Irenaeus Parish School
5
5
14-15
15-16
MINUTES OF REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 28, 1998
The Regular Meeting of the Cypress City Council was called to Order at 5:30 p.m.,
Monday, September 28, 1998, in the Board Room, West Wing, City Hall, 5275 Orange
Avenue, Cypress, Mayor Pro Tern Tim Keenan presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan and Piercy
Mayor Jones
Also present were the City Manager, City Attorney and staff members Storey, DeCarlo,
Hensley, Christoffels, Kelly, Angus, and Wylie
WOI~KSHOP SESSION:
LINCOLN AVENUE SPECIFIC PLAN
City Manager Ochenduszko opened the presentation of the plan by giving a history of the
project. City Council asked that we fast track the final development of the Lincoln Ave.
Specific Plan in consideration of the zoning work and all the other work that had been
done in relation to getting a specific image research plan together. City Manager said
that the workshop was to review the draft, to identify any issues that Council had, for
staff to make adjustments and to present it to Council for final adoption. Community
Development Director Kelly stated that City Planner Alice Angus and Robert Bein, William
FrOSt & Associates (RBF) in putting the specific plan together, considered the old specific
plan, the economic study, economic development plan, general plan and the special
studies. They were asked to incorporate the land uses that Council had reviewed to
establish design and development standards to match the different theme areas.
Ms. Kelly introduced the two representatives from RBF, Glen LejOi and Ron Pfiugrath to
give their presentation. Ms. Kelly indicated that staff has highlighted the issues that were
anticipated as issues in the staff report and asked Council to inform staff of other issues
to try to go over them at the meeting and also try to conduct a community meeting in
mid-October and present the item to Council by November 9, 1998.
Ms. Angus gave an explanation of the specific plan involving some plan amendments,
zone changes and changes to the zoning code. She informed Council that staff has set a
tentative date for a Community Workshop for October 19, 1998 and a Council Workshop
tentatively for October 26, 1998.
The Consultants proceeded with their presentation indicating that the Specific Plan
implements the General Plan and provides more definitive expectations for future
development and provides design guidelines. The presentation concluded with a
discussion of Council's concerns and comments including having single family residential
homes considered as part of the plan, specific boundaries removed from the plan,
streetscape improvement, offering incentives to businesses for sign change and facade
improvements.
Staff was directed by Council to compile input and issues raised by Council at this
meeting and to work with the consultant to produce the public review draft
presentation at a Community Workshop in mid October.
for
RECESS: Mayor Pro Tem Keenan recessed the meeting at 6:29 p.m. to enable the Council
to continue their meeting in the Council Chamber.
CLOSED SESSION: The Council entered into closed session at 6:32 p.m. to discuss the
agendized item of the Liability Claim (Government Code Section 54956.95) in the matter
of Linda Beaman rs. the City of Cypress.
The meeting was called to order at 7:02 p.m., with all Councilmembers present except
Mayor Jones. Also present were the City Manager, City A~orney and staff members
Christoffels, DeCarlo, Hensley, Kelly, Storey, and Wylie
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman.
INVOCATION: Pastor John Lee, Miracle Land Korean Baptist Church gave the invocation.
CITY COUNCIL MINUTES September 28, 1998
Mayor Jones arrived at 7:05 p.m.
PRESENTATIONS:
Mayor Pro Tem Keenan presented a Certificate of Appreciation to Mr. Edward
Verdugo, Publisher of the Event Newspapers, for outstanding coverage and support of
community events, which was accepted by Editor Cheryl Scott, Reporters Jewell Tolken
and Lynda Locayo.
The City Clerk swore in the newly appointed Cultural Arts Commissioner Curtis J. Bloch.
Mayor Jones presented Commissioner Bloch with the Certificate of Appointment and
welcomed him.
Mayor proceeded with the presentation of "Help People With Mental Retardation Days"
Proclamation, October 16-18, 1998, to Mr. Mark Magyar, Grand Knight, Cypress Knights of
Columbus. Mayor thanked the Knights of Columbus in the City of Cypress for the work
that they are doing in helping to raise funds for this good cause.
Mayor Jones introduced Captain Scott Brown of the Orange County Fire Authority,
relating to the Newly-established Fire Fighter Reserve Program, which was a restructuring
of the current Paid-Call Firefighter Program to a Reserve Firefighter Program to be
implemented on January 1, 1999. The new program would include a physical agility test,
a separate Training Activities Plan and a EMT Certification. All current PCF must complete
an application and attend one sign-up session. Compensation paid to PCF has been
modified in the new Reserve Firefighter Program to meet federal regulations relating to
individuals volunteering their time to a governmental agency.
Councilmember Bowman asked if the Board of Directors had voted on this change.
Captain Brown informed Council that the Board of Directors at a meeting last Thursday
reviewed the report and a motion was made to bring it through the Committee
structure.
Councilmember Bowman asked if the Cypress Paid Call would not go out of
the City's boundaries for instance, to La Palma? Captain Brown informed the Council that
routinely they will not participate in out of County deployment, however, the Reserve
Firefighters would respond to adjoining cities as they do today.
In responding to Councilmember Piercy, Captain Brown explained that OCFA participates
in a statewide mutual-aid system (FEMA) and if participation takes place, reimbursement is
available at a set rate.
Councilmember Carroll as a member of the Fire Authority Board of Directors gave his
input on the OCFA.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager reported that City Council met at 5:30 p.m. on this date to discuss the
preliminary draft of the Lincoln Avenue Specific Plan. He further summarized the
discussion held during the Workshop Session.
City Attorney reported that the City Council held a closed session and by the
authority conferred upon it by Government Code Section 54956.95 considered the claim
of Linda Beaman for damages caused as a consequence of personal injury. The Council
unanimously voted to reject the claim with Mayor Jones absent.
ORAL COMMUNICATIONS: Limited to one-half hour.
Mayor Jones announced that this will be the last Council Meeting for Christine Kelly as
Cypress' Community Development Director as she will be leaving to take a similar
position in the City of Brea. Mayor said that she has been a great asset for the City and
wished her the best of luck in her new position.
City Manager commended Christine Kelly for her hard work. He also introduced Gina
Zuno the new Deputy City Clerk.
Christine Kelly thanked everyone and indicated that she will definiteIv miss Cypress. She
said Cypress is a fantastic community and she has enjoyed working with everyone.
CITY COUNCIL MINUTES September 28, 1998
Councilmember Piercy reported that Lexington Jr. High School where she teaches has
joined in the Disneyland's joint promotion of their innovation's area with Coca Cola and
they are trying to collect Coca Cola bottle caps and 12 pack can wraps. Fourteen Schools
in Orange County that collect the most caps and bottle wraps will be given passports for
each student at their school. Councilmember Piercy invited the community to
participate in collecting caps and wraps and take them to the school's main office where
a bin has been placed for collection.
AWARD OF CONTRACTS:
AWARD OF CONTRACT FOR LINCOLN AVENUE STREETSCAPE, PUBLIC. WORKS PROJECT NO. 9805:
The City Manager asked Public Works Director Mark Christoffels to present this item for
staff which recommended that the City Council award the Lincoln Avenue Streetscape
Project to Hillcrest Contracting as being the lowest bidder.
It was moved by Councilmember Piercy and seconded by Councilmember Bowman to
award the Lincoln Avenue Streetscape Project, Public Works Project NO. 9805, to Hillcrest
Contracting, Inc., in the amount of $4,392,842 (bid amount of $3,746,153 plus $437,475 in
added alternatives plus a five percent contingency). 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
AWARD OF CONTRACT FOR CONSTRUCTION MANAGER AND PROJECT INSPECTOR FOR THE
LINCOLN AVENUE STREETSCAPE PROJECT: Public Work's Director Christoffels presented the
staff report which stated that as part of the Lincoln Avenue Streetscape Project, the need
for a construction manager and project inspector was anticipated when determining the
project costs. Staff solicited proposals for this service and four (4) proposals were
received. Based on the qualifications, staff is recommending the contract be awarded to
the firm of Willdan Associates. The Public Works Director made a note that because of
the short time line the contract was not finalized with the City Attorney's signature. Staff
is recommending approval contingent to further review and approval by the City
Attorney.
Councilmember Carroll asked if the amount is a normal amount for this project and if
there are more administrative costs involved. Public Works Director indicated that there
will still be some staff time involved.
Mayor Pro Tern Keenan asked if there is a time commitment. Public Works Director
indicated that the firm has about 12 inspectors and said that the firm is large enough and
coverage will not be a problem.
MOtion was moved by Mayor Pro Tern Keenan and seconded by Councilmember Carroll to
award a contract for the construction management and inspection for the Lincoln
Avenue streetscape Project to Willdan Associates, in the amount not to exceed $171,672,
subject to final approval by the City attorney. 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
AWARD OF CONTRACT FOR PURCHASE OF SPECIAL RESPONSE TEAM VEHICLE: Police Chief
Hensley presented the staff report which indicated that during the 1998/1999 budget
process, City Council approved the replacement of Unit 679 which is the Police
Department's Special Response Team vehicle. Unit 679 is 21 years old and is no longer
mechanically dependable and requires excessive maintenance and does not meet the
storage and transportation needs of the Special Response Team.
Councilman Carroll asked if the vehicle included a shell. Police Chief indicated
that the vehicle does not have a shell but there will be a request to have a cabin built in
the back once the vehicle is obtained and money has been set aside for this during the
budget process, as a separate item.
3
CITY COUNCIL MINUTES September 28, 1998
Motion was moved by Councilmember Bowman and seconded by Councilmember Piercy
to approve the replacement of Unit 679 with a 1999 Ford F350 truck and chassis. The
purchase would be under the Cooperative Purchase Provisions of the City of Los Angeles
Police Vehicle Bid #71201 dated April 28, 1998, from Wondries Fleet Division, in an amount
not to exceed $27,287.68. 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
AWARD OF CONTRACT FOR UPDATING THE POLICE DEPARTMENT'S POLICY MANUAL AND
AUTHORIZATION TO SPEND ASSET SEIZURE FUNDS: Police Chief presented the staff report
which indicated that the current Police Department's policy manual is approximately 20
years in age and lacks update and revision as required by law. There are currently 250
statutes that must be incorporated throughout the manual and of critical importance is
the annual review and timely update of the policy manual.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to 1)
Award a contract for updating the police policy manual to the law firm of Ferguson, Praet
and Sherman, in an amount not to exceed $7,000 and, 2) Authorize the appropriation of
$7,000 from the fund balance of the Asset Seizure Funds to account number 4189-28-179-
05 for updating the Police Department's policy manual. 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
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 Councilmember Bowman and Seconded by Councilmember Piercy to
approve the Consent Calendar Items No. 5-18. 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
Item No. 5: Motion to approve City Council Minutes of September 9, 1998 and
September 14, 1998.
Recommendation: That the City Council approve the Minutes of the Adjourned Regular
Meeting of September 9, 1998 and the Regular Meeting of September 14, 1998, as
submitted, with Mayor Jones abstaining on the September 9, 1998 meeting, due to
her absence at the meeting.
Item No. 6: Motion to introduce and/or adopt all Ordinances and Resolutions presented
for consideration bV title only and to waive further reading.
Item No. 7: Proclaiming October 5-9, 1998, as "Rideshare Week"
Recommendation: That the Mayor and City Council officially proclaim October 5-9, 1998,
as "Rideshare Week" in the City of Cypress.
Item No. 8: Proclaiming October 24, 1998, as "Make a Difference Day".
Recommendation: That the Mayor and City Council officially proclaim October 24, 1998, as
"Make a Difference Day" in the City of Cypress.
Item No. 9: Proclaiming October 23-31, 1998, as "Red Ribbon Week".
Recommendation: That the Mayor and City Council officially proclaim October 23-31,
1998, as "Red Ribbon Week" in the City of Cypress.
4
CITY COUNCIL MINUTES September 28, 1998
Item No. 10: Proclaiming October 16-18, 1998, as "Help People With Mental Retardation
DayS".
Recommendation: That the Mayor and City Council officially proclaim October 16-18,
1998, as "Help People With Mental Retardation DayS" in the City of Cypress.
Item No. 11: Approval of Resolution requesting the Orange County Transportation
Authority and the Board of Supervisors to include various Street and Signal Projects
within the Orange County combined Transportation Funding Program.
Recommendation:
That the City Council adopt the Resolution by title only, title as follows, approving
submittal of various street and traffic signal improvement projects to OCTA for funding
under the CTFP.
RESOLUTION NO. 5011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF
VARIOUS IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR
FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM
Item No. 12: Approval of Design Review Committee no. 98-34, Install New Illuminated
Monument Sign of Miracle Land Baptist Church, Located at 4371 Cerritos Avenue; and
Design Review Committee No. 98-35, Install New Monument Sign for Highline European
Motorcars, Located at 10562 Walker Street.
Recommendation: That the City Council adopt the Resolutions by title only, title as
follows, approving Design Review committee NOS. 98-34, and 98-35 with conditions.
RESOLUTION NO. 5012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE NO. 98-34- WITH CONDITIONS.
RESOLUTION NO. 5013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE NO. 98-35 -WITH CONDITIONS.
Item No. 13: Approval of Design Review Committee No. 98-32, Request to Construct a
Three (3) Unit Apartment Development With a Reduced Side Yard Setback on the Property
Located at 8531 Belmont Street, Cypress.
Recommendation: Based on the analysis presented in the report, staff recommends that
the City Council adopt the Resolution by title only, title as follows, approving Design
Review Committee No. 98-32, subject to the conditions of approval attached as Exhibit
RESOLUTION NO. 5014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE NO. 98-32 - WITH CONDITIONS.
Item No. 14: Review of Investment Report for the Month of AUgUSt 1998.
Recommendation: Receive and file.
Item No. 15: Approval of Fiscal Year 1997-98 Carryover of Appropriations and
Encumbrances for the City of Cypress:
Recommendation: That the City Council: I) Authorize the appropriation of funds in Fiscal
Year 1998-99 for the carryover items as
follows:
11 General Fund
15 Capital Projects Fund
22 Special Gas Tax Fund
24 Traffic Mitigation Fund
26 Plan LoCal Drain FaC Fund
31 Business Pk Special Assessment #1 Fund
35 Civic Center Redevelopment Fund
detailed in Attachment A and summarized as
$ 164,575
6,544,716
216,403
260,771
94,398
473,956
5,577
5
CITY COUNCIL MINUTES September 28, 1998
36 Low and Mod HOUSing Fund
38 Race Track Redevelopment Fund
39 Measure M Gas Tax Fund
40AB 2766 Fund
41 Sewer Fund
76 Central Services Fund
90 Capital Replacement Fund
19,690
657
406,513
63,017
308,679
53,452
771,842
$9,384,246
2) Authorize the transfer of funds to the Capital Improvement Project Fund for the
Lincoln Ave. Project and the Lincoln AVe. Bridge in FiScal Year 1998-99, as listed below:
11 General Fund
22 Special Gas Tax Fund
24 Traffic Mitigation ASSmt Fund
$1,292,873.00
250,000.00
$1,328,480.00
25 Lighting Dist NO. 2 Fund
37 Lincoln Ave. Redevelopment
39 Measure M Gas Tax Fund
40 AB 2766 Fund
973,874.00
890,000.00
407,000.00
66,000.00
$5,208,227.00
3) Authorize the appropriation of funds in Fiscal Year 1998-99 for items encumbered at
June 30, 1998, as detailed in Attachment B and summarized below:
11 General Fund
15 Capital Projects Fund
22 Traffic Safety Fund
24 Traffic Mitigation Assmt Fund
25 Lighting DiSt NO. 2 Fund
26 Plan LOCal Drain Fac Fund
31 Business Pk Spec ASSrot No. 1 Fund
34 Mello Roos Fund
35 Civic Center Redevelopment
36 LOW and Moderate Housing Fund
37 Lincoln Ave. Redevelopment
38 Race Track Redevelopment
39 Measure M GaS Tax Fund
40 AB 2766 Fund
41 Sewer Fund
76 Central Services Fund
90 Capital Replacement Fund
119,817.13
1,025,785.44
69,667.36
494,603.69
12,522.18
69,910.21
404,508.71
8,284.00
808.34
4,670.00
7,020.44
808.32
223,126.01
2,000.00
1,800.00
20,198.89
30,011.02
$2,495,541.74
Item NO. 16: Approval of Lincoln Avenue Improvements and Maintenance Agreement
With the City of Buena Park.
Recommendation: Based on the analysis presented in the report, staff recommends that
the City Council, and acting as the Cypress Redevelopment Agency, respectively approve
the Lincoln Avenue Improvement and Maintenance Agreement with the City of Buena
Park.
Item No. 17: Approval of Resolution Requesting the Submittal of Application to the
California Resources Agency 1999-2000 Environmental Enhancement and Mitigation (EEM)
Program Grant.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving submittal to the California Resources Agency 1999-2000 Environmental
Enhancement and Mitigation (EEM) Program Grant.
RESOLUTION NO. 5015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE APPLICATION
FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE BALL ROAD
ENVIRONMENTAL ENHANCEMENT PROJECT
6
CITY COUNCIL MINUTES September 28, 1998
Item No. 18: .Approval of FiSCal Year 1997-98 Carryover of Appropriations and
Encumbrances for the Cypress Recreation and Park District.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District: 1) Authorize the appropriation of
funds in Fiscal Year 1998-99 for the carryover items as detailed in Attachment A and
summarized as follows:
12 General Fund
83 Central Services Fund
$825,910
4,500
$830,410
2) Authorize the appropriation of funds in Fiscal Year 1998-99 for items encumbered at
June 30, 1998, as detailed in Attachment B and summarized below.
12 General Fund
83 Central Services Fund
$159,263.53
18,807.76
$178,071.29
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF PUBLIC HEARING RE: PROPOSED REVISIONS TO CYPRESS LIVE
ENTERTAINMENT ORDINANCE: Mayor Jones opened the public hearing and asked the City
Manager to present the report. City Manager Ochenduszko informed Council that late
review showed that there was still work that needed to be done at the staff level and
recommended that the City Council continue this item to the next meeting. Mayor Jones
continued the item to the October 13, 1998 Council Meeting.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-15, REQUEST TO
OPERATE A USED AUTO SALES AND RECREATIONAL VEHICLE STORAGE LOT ON THE PROPERTY
LOCATED AT 4902 LINCOLN AVENUE, CYPRESS: The Public Hearing was opened by Mayor
Jones. The City Manager asked the Community Development Director to present the item
for staff. Community Development Director passed out a Revised Condition of Approval
which was not included in the agenda packet. Condition 31 was included in the revised
packet and a copy was also given to the applicant. Staff received a communication which
was attached to the staff report. A phone call was also received by a Janet Corral
expressing concerns that the conditions of approval are complied so that the use is a
compatible use. The item was continued from the September 14, 1998 City Council
Meeting in order to have staff revise the conditions of approval as City Council had
requested several items at that meeting to which the applicant had agreed. The use is of
vehicles sales and a recreational vehicle storage lot.
Conditions that were revised and added were listed in the staff report. A bond was
scheduled to be posted prior to the site being occupied. FOr the record, access to the
property from Bishop Street is prohibited. Modification to the condition regarding the
hours of access and operation are restricted for all uses on the entire site, including the
recreational vehicles storage between 8:00 a.m. and 6:00 p.m., seven days a week.
Notices Of this public hearing were originally posted, published, and mailed to the owners
of all properties located within 300 feet of the subject parcel. At the last City COunCil
meeting, a residential neighbor, who resides to the south of the subject property and
several customers of Mr. Ben Terry spoke in support of the project. On September 22,
1998, staff received an anonymous letter indicating that the current operation has
business hours from 8 a.m. until 9 p.m., has 24 hour access to the recreational vehicles
stored on site, is conducting vehicle repair onsite, and contains various conditions that
are not consistent with what is being proposed as part of this application. Staff has
reviewed the letter and feels that items 1 through 8 will be regulated through condition
nos. 14 and 17 and the remaining areas of concern (items 9, 10, & 11) will be regulated
through condition no. 31.
Responding to Mayor Jones' question, the Community Development Director replied that
the City could draw from the bond and from a deposit made to the City by the
applicants in the event that the work is not completed within the 2 year period. The
bond and deposit are in the City's name.
CITY COUNCIL MINUTES September 28, 1998
Councilmember Carroll commented that in the staff report, paragraph 5 stated that
BiShOp Street shall be fully improved with the inclusion of a driveway. He questioned the
need for a driveway as in paragraph 13 it states that access to the property from Bishop
Street shall be prohibited. Community Development Director indicated that it is a
standard condition but can be deleted as it is not necessary. Councilmember Carroll
asked why Condition 31 was submitted at such a late time.
MS. Kelly in response to the question indicated that it was submitted at that time
because of concerns brought up regarding the pollutant run off and it was not certain
whether it was necessary to add it as a condition of approval but because staff is being
specific as to the issues, it was added.
Councilmember Carroll asked if staff had seen anything to verify if the bond was
received. MS. Kelly indicated that they had not seen it but anticipated receiving it at the
time of the meeting.
Mayor Pro Tem Keenan commented on the letter received by the concerned citizen that
wanted to remain anonymous. The citizen called the City hall and Mayor Pro Tern Keenan
was available to take the call at that time. When she asked to remain anonymous and
expressing numerous concerns, Mayor Pro Tem Keenan suggested that the concerns be
put down on paper. He wanted to comment that he does not know that particular
person but did feel that the concerns were serious and thought that this might be
something that the applicant would like to address when coming forward.
Councilmember Bowman announced that he was abstaining from the issue and left the
dais.
Mayor Jones invited the applicants to come forward.
Mayor Pro Tem Keenan commented that he spoke to the applicant prior to the meeting
and asked them to address their issues at the Council Meeting.
The applicants, Chad Ware and Ben Terry, informed Council that since the last meeting a
$20,000 bond had been posted for the block wall, back gutters and sidewalks. The
drainage plans were submitted to the City and the asphalt had been put in. The
applicants indicated that they had spoken to the neighbor regarding security concerns
that were brought up by them.
Mayor Jones asked if the applicants had any concerns, objections or revisions of the new
conditions presented to them. Chad Ware brought up the concern of washing the
vehicles to prepare them for sale. Mayor Jones raised the point of rinsing vehicles to
prepare them for sale and asked staff to address the issue but first asked the applicants
about someone indicating that some of their clients had 24 hour access to the current
facility.
The applicants indicated that in the past some clients had keys and indicated that it will
not occur at the new facility. The applicants responding to Mayor Jones about not having
a mechanic doing work on any of the for sale vehicles on the property, replied that a
mechanic was never on site or will not be in the future.
In response to Mayor Jones, MS. Kelly indicated that it is a Conditional Use Permit which
states no washing of vehicles at the premises. But if they begin to rinse vehicles and it
does not become a problem in the neighborhood, staff wouldn't become aware of it.
Councilman Carroll commented that it is unreasonable for the businesses not to be
allowed to perform any preparation to the vehicles for sale. He requested something
more rational for the business but with the consideration of surrounding neighbors.
City Attorney indicated that certain wording could be inserted to exclude such servicing
and washing of vehicles to display them for sale or that concept. If there are any
concerns, then modifying language should be added to the conditions.
Mayor Pro Tern Keenan commented that he agreed with the City Attorney as to putting
language to point those exclusions but felt that the conditions clearly show we are asking
that no repairs be done to any vehicles at that site.
In response to Councilmember Carroll question about the bond, City Attorney replied
that the applicants have put a deposit on an insured account that the City can draw upon
without notice to the assignor and that it is in the name of the City of Cypress.
8
CITY COUNCIL MINUTES September 28, 1998
Mayor Jones commented that she did not consider an oil change to be a major repair.
Following discussion, the City Attorney read into the record the language change to
Condition No. 17 as follows:
That Condition 17 be amended to read as follows: The servicing ( including oil changes),
repairing, vehicle detailing, maintenance or other similar vehicle related activity, except
sales and RV storage, conducted on the site shall be prohibited; providing that nothing
herein shall be interpreted to prohibit the applicant from undertaking such routine
vehicle cleaning as is necessary to display a vehicle for sale. No vehicles related to the
business shall be stored or parked on the streets surrounding the subject property.
City Attorney proposed to delete the word driveway from Condition NO. 5
The Mayor asked Community Development Director to comment on the remaining
question on the block wall. Ms. Kelly indicated that she drove by the site and there is
adequate visibility from Bishop and to the west.
A motion was made by Councilmember Piercy and seconded by Councilmember Carroll
to approve Conditional Use Permit No. 98-15 with the amended conditions 5 and 17 and
with the ascertainty that the bond is effective. The motion carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
I COUNCILMEMBER: Bowman
PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT FOR SMOOFIES JAVA AND JUICE JOINT, 9551
VALLEY VIEW STREET, CYPRESS: Mayor Jones opened the public hearing. Police Chief
Hensley presented the staff report which represented an issue brought before Council as
a Public Hearing by the applicant, who is seeking a Live Entertainment Permit to allow live
entertainment consisting of poetry readings, classical, folk, blues, and jazz music. Notice
of this Public Hearing has been posted, published and mailed to the owners of all
properties located within 300 feet of Smoofies Java and Juice Joint in accordance with
the requirements of the City Code. Since the report has been submitted, two letters and
one phone call have been received stating opposition to the permit. The business is
approximately twenty-eight (28) feet from the closest approved residential property,
which is not in compliance with Section 9-8(b) of the Municipal Code. Therefore, staff
would recommend that the live entertainment permit be denied.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
deny the permit for live entertainment at 9551 Valley View Street, Cypress. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
OCOUNCILMEMBERS None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-12, ADDITION OF ONE (1) RESIDENTIAL
DWELLING UNIT FOR COMMUNITY CARE FACILITY USE, LOCATED AT 5401 BISHOP STREET,
CYPRESS. The City Manager asked Christine Kelly to present the staff report which
represented a request by Mr. Cornell Lucaci to construct a second dwelling unit at 5401
Bishop Street, within the RM-20 Residential Multiple-family Zone. Both dwelling units on
the subject lot are proposed to be used as a community care facility containing up to
eight (8) beds. The design of the new dwelling unit is consistent and compatible with the
existing dwelling onsite and the surrounding residential development. The proposed use
complies with the Zoning Ordinance provisions for community care facilities, as
permitted in the multiple family zones, subject to a conditional use permit. In
accordance with the California Environmental Quality Act (CEQA) guidelines, this project is
considered categorically exempt. Therefore, Staff recommends approval of the
proposed project as conditioned. The proposed project complies with all applicable
development standards including setbacks, parking provisions, etc.
The intent of the of the applicant is to operate an extended care facility catering to
ambulatory and non-ambulatory elderly people. Notices of this public hearing were
posted, published, and mailed to the owners of all properties located within 300 feet of
the subject parcel. To date, staff has not received any communication regarding the
proposed project.
Mayor Jones asked for clarification of a rest home and a community care and secondly if
there are conditions listed that you have to be older than 55 years of age.
CITY COUNCIL MINUTES September 28, 1998
Responding to Councilmember Carroll's question about the lot being within the
redevelopment area and if the permit is granted is the City in any way going to
encumber what happens on the lot that is just north of property requesting the permit,
MS. KelIv replied that the lot is not within the redevelopment area. Staff has looked at
that particular area where there are some of the smaller lots as part of the LinColn Ave.
studv to see whether we could combine them. Staff concluded that those type of uses
will be forced into residential areas to the south and after Council's direction it was
determined not to move in that direction. Currently we do not have a policy that says
either to protect those properties so that they can be combined later or to preclude
development in those areas.
Councilmember Bowman commented the that lot across the alley to the north is an
insurance office and is an allowed use in the proposed down town.
Mayor Pro Tern Keenan indicated that properties on either side of the subject property
are also residential.
MS. Kelly indicated that the code does not differentiate between elderly care and
suggested that Council asks the applicant to enter into the record the type of license
they are requesting and then staff would condition it as such. That would be a condition
of approval.
Mayor Jones indicated that the facility is close to an elementary school and some of
these communitv homes are sometimes for drug rehabs and she would be concerned
with those uses near an elementary school.
Applicants, Cornel Lucaci and Stelian Onufre indicated that the license they are trying to
obtain will be for elderly care only and it could be conditioned to read no drug-rehab
permitted.
City Attorney asked the applicant for the type of license they are going to obtain. The
applicants did not know at that moment what type of license they were going to obtain.
Mayor Jones asked the City Attorney if a certificate of occupancy be contingent on
having the appropriate license. City Attorney replied that he was not certain and
suggested that we first find out what agency is going to issue this license and what the
nature of the license is and condition the permit on that. City Attorney suggested that
hearing be continued since the license information was not available.
Councilmember Bowman informed the applicants that the scope of the project changed
when they started adding beds. The six units could be built under existing State law.
When you start building beyond that you have to obtain a new license as you fall under a
different category. Council will not make a decision until applicant submits what type of
license they are seeking.
City Attorney informed the applicants that they have enough occupants that will require
a State license. we need to know what license the State of California is going to issue so
we can condition the use permit to be consistent with that license. Staff
recommendation is to approve a conditional use permit which will be consistent with the
State license you are required to get and as such public hearing should be continued until
applicant and staff can find out what that license is.
Mayor Pro Tem Keenan asked that the applicant indicate what will the use of the garages
be. The applicants replied that the garages will be utilized by the facility's staff, to park
their vehicles.
In responding to Councilmember Carroll's question about taking the occupants to the
senior center, the applicants responded that it is a good location which would allow visits
with friends or visits to the senior center.
Joe White, member of the Senior Commission, asked if this issue has to be brought to
their group.
City Manager indicated that it is a conditional use permit before the City Council and not
subject to the Commission's approval. Mayor Jones informed Mr. White that a copv of
the report will be provided to the Commission.
10
CITY COUNCIL MINUTES September 28, 1998
Responding to Mayor Jones, Ms Kelly indicated that staff is going to look at the definition
and type of license. Per Council's direction staff will look again at the conditions to see if
they adequately address any issues that arise out of whatever license the applicants
present.
Councilmember Carroll asked how specific this license is and commented that people
over 55 could also be drug addicts and what are the constraints of the license.
City Attorney stated that there is also, once the State license is involved, the preemption
issue involved and that is, once the State grants the license, the local agency's ability to
regulate the activity of the licensee is also limited.
Barbara Maya asked if the facility will have nursing staff, cooks and in case of an
emergency will there be someone who could attend to those needs. Mayor Jones stated
that those are good issues that will be determined when license is provided.
Steve Rice indicated that he had spoken to the applicants and the presentation presented
at this meeting from the applicants differentiated from what he was told previously. The
City Manager suggested that Mr. Rice come in to the City Hall during regular hours of
business and ask his questions and those that we don't have answers for developed by
this time we will certainly have by the time the next staff report is ready for the City
Council on October 9, 1998. In responding to Mr. Rice's question relative to parking
spaces, City Attorney replied that it takes one half of a parking space per bed.
Councilmember Bowman indicated that the whole site has to be considered as
everything will change depending on the type of application they will present.
Mayor Pro Tern Keenan indicated that the staff report does say that it is now going to be
eight bedrooms, one bed per room and that is something that needs to be verified
before the next meeting.
It was moved by Mayor Pro Tern Keenan and seconded by Councilmember Carroll to
continue the hearing to the next scheduled meeting. 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 9:09 p.m. and reconvened at 9:24 p.m. with
all Councilmembers present.
NEW BUSINESS:
APPROVAL OF STRATEGIC PLAN: The City Manager requested that the Assistant To the City
Manager Karen Wylie present the item from staff which recommended that the City
Council approve the first City of Cypress Strategic Plan. The purpose of developing a
Strategic Plan is to seek valuable community in sight to provide guidance in making
decisions about the City programs and services and to assist in the allocation of limited
resources. This process of developing this plan provided an opportunity for policy
makers to get input from the community to assess the current state of the organization,
to review trends and resulted in the development of a Strategic Plan. The process for
development this plan included community participation from two focus groups. A
citizens satisfaction survey was conducted where interviews were conducted with 400
Cypress Residents and 200 Cypress' businesses. Those results indicated a 94% overall
satisfaction with Cypress City services and Programs. The Strategic Plan including a
Mission Statement, a Vision Statement, Three Year Goals and Strategic Objectives, is
presented for Council's review and approval.
Mayor Jones commended Karen Wylie and all the participants for doing an outstanding
job on this plan and commented that people liked Cypress as being a family oriented
community. Mayor Jones suggested that a comment card/survey be sent out in the utility
bills to residents.
Mayor Pro Tern Keenan commented that we had not had a workshop to discuss items on
the survey and commended Karen Wylie and staff for a great job.
11
CITY COUNCIL MINUTES September 28, 1998
Councilmember Carroll commented that the Strategic Plan is something we should be
proud of as citizens and businesses groups focused on the things they thought should be
done. Councilmember Carroll asked about some concerns on the survey not being
addressed.
City Manager suggested to bring back detailed information by the Consultant Bryan
Godbe on the comments that came up from the survey.
It was moved bv Councilmember Carroll and seconded by Councilmember Piercy to
approve the first City of Cypress Strategic Plan. The motion unanimously carried bv the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
REVIEW OF HOLDER STREET BRIDGE TRAFFIC STUDY: City Manager requested that the Public
Works Director present the item from staff which presented a report for consideration,
along with recommendations from the Traffic Commission. In Fiscal Year 1997/98, the City
Council had requested that a traffic analysis be completed to establish a trigger point for
the construction of the bridge on Holder Street, thereby completing Holder Street
between Katella Avenue and Orangewood Avenue.
The firm of KimleV-Horn and Associates was hired to complete this analysis and their
report has been reviewed and discussed bv the Traffic Commission. Staff recommends
that the City Council concur with the Traffic Commission recommendation to receive and
file the report and have staff monitor the identified intersections. At the point in time
when an intersection becomes a Level of Service (LOS) "F" intersection, City Council can
then make the decision on whether to build the bridge or to construct the mitigation
measures identified.
Mayor Pro Tern Keenan commented that the recommendation again to receive and file
put in on the shelf and wait for level F is exactly what we have been doing for the last
ten years. There is another item on the agenda for pretty substantial development that
is for approval on the corner of Valley View and Katella which will have substantial traffic
impact three years down the road.
A representative from the firm of Kimley-Horn and Associates gave a brief presentation
of the analysis. The major development in the works if it happens on schedule, level of
service F could happen at that intersection sooner than expected. It could happen before
the other two intersections or it could push all three intersections into level F. The Firm
tried to do a timing sensitivity analysis and assumptions had to be made about how long
it took us to this point and how much traffic will take us to level of service F. There is
currently no way to place a time factor.
Mayor Jones asked that the three intersections be reviewed again. Public Works Director
indicated that Orangewood and Valley View are at level E in the a.m., Katella & valley
view, and Knott & Katella are in level of service E in the p.m. and are usually at level D or
better the rest of the day.
Mayor Jones indicated that there are alternatives or solutions that you can provide to
easing those intersections which we have not done. Maybe take those measures and
reduce level E tO maybe D. If we were to do some of those measures for mitigation now
then we wouldn't get to level F for a long period of time.
The Consultant stated that additional lanes that were identified in the improvements set
forth an additional lane to carry traffic in a particular movement. In the case of Knott &
Valley View it was a second north bound left turn lane because of the heaw movement.
In the case of Katella and Valley View it was a 4th eastbound through lane because that is
a heavy movement. In the case of Valley View and Orangewood it was a free right turn
lane to carry the traffic in the morning peak hour.
Councilmember Bowman commented that an approval had been made in the past for
the application for funds for at least two of these intersections to do the exact
improvement being discussed. It doesn't look like the cost of either one of those
improvement will in any way approach what the cost of the bridge would be. In some
point of time, even with the improvement, the bridge would need to go in.
12
CITY COUNCIL MINUTES September 28, 1998
The Consultant indicated the analysis show that if the bridge is in none of those three
intersections will fail. If the bridge is not in the improvement that were identified at
each of those three intersections will keep them from failing.
In responding to Mayor Pro Tern Keenan's question about a permanent mitigation, the
Consultant replied, that based on the land use and build out projection that are available
from the County today, yes, it will be a permanent mitigation.
Mayor Jones commented that she would like to see any improvement that could be done
on those streets be a priority.
Councilmember Carroll commented that one of the mitigation ideas mentioned the
buying of two houses and was concerned with the cost involved. Public Work Director
explained that there might be a need to acquire 5 feet of additional property and the
entire parcel would not need to be acquired.
Councilmember Carroll commented that people in that area and future comers should
be made aware of the possibility of the Holder Bridge being built. He suggested that real
estate agents also be made aware, so people could be alerted of this. He asked that the
recommendation include notifying people.
Mayor Pro Tern Keenan expressed concerns about people not being notified and
suggested that people within 300 feet around the bridge area be notified of the public
hearing to be scheduled. He questioned that at what level do we determine the traffic
doesn't circulate and it becomes a negative to the business part and the rest of the City.
In responding to Mayor Pro Tern Keenan relative to a question on page 24 of the staff
report about losing eligibility for transportation and roadway funding if we are not
consistent with the circulation under the general plan, Public Works Director replied that
we would have to apply for an amendment to the Master Plan of arterial highways. A
requirement to receive major funds is that our General Plan be consistent with the Master
Plan. If you apply for a change, we would have to prove that it has no negative impacts
to the system.
The City Manager commented further on the question raised by Mayor Pro Tern Keenan,
it is not staff's recommendation that the construction of the Holder Bridge be removed
from the General Plan. This is simply a traffic study on the bridge being presented to the
Council and it is staff's recommendation that the Council concur with the Traffic
Commission recommending that staff monitor the identified intersections for the
purpose of determining when the Holder Street Bridge would be constructed.
Mayor Pro Tem Keenan indicated that he would like to push the mitigation measures and
not wait for level F.
Councilmember Piercy commented that people living on Holder should also be notified
of the possibility of the bridge being built.
Mayor Pro Tern Keenan suggested we should hold a town hall meeting. City Attorney
agreed that a town hall meeting would be appropriate as we wouldn't have to worry
about meeting the requirements of law under some conditions or exercising super notice
under other conditions. In a town hall or workshop environment we set no legal
precedence for what we are required to do when an award of contract or approval of
plans and specifications or authorization to issue bids goes out.
Mayor Jones agreed with the City Attorney as to notifying people. She commented that
the point now, is that we have mitigation measures that staff has already identified and is
going through that process of building that type of infrastructures change. It might be
that we reevaluate this study in 3, 4, or 5 years.
Councilmember Carroll agreed with Mayor Pro Tern Keenan to hold a town hall meeting
and suggested to monitor once a year.
Councilmember Bowman indicated that this is the 3r~ or the 4TM study he has seen during
his tenure in the City Council. He commented that it is a good idea to keep monitoring
Holder Street and the workshop is appropriate so the community can be informed.
The City Manager summarized the Council's discussion as follows: Council would want
staf. f to monitor the identified intersections on a yearly basis. Also to schedule a town hall
Wpe workshop to share this information with the public and receive public input and
include the mitigation measures.
13
CITY COUNCIL MINUTES September 28, 1998
It was moved by Councilmember Carroll and seconded by Mayor Jones to receive and file
the report with amendments to include that the identified intersections be monitored
on an annual basis, a town hall meeting be held to include the bridge and mitigation
measures as part of the subject matter covered. 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
APPROVAL OF DESIGN REVIEW COMMITTEE NO. 98-31, REQUEST TO CONSTRUCT THREE
SPECULATIVE BUILDINGS, LOCATED AT THE NORTHEAST CORNER OF VALLEY VIEW STREET AND
KATELLA AVENUE, CYPRESS: City Manager requested the Community Development Director
present the item from staff which represents a request by the Warland Investments
Company to construct three (3) speculative buildings consisting of two (2) office buildings
totaling 130,400 square feet and a 60,949 square foot building consisting of both office
and research and development floor space. In addition, a parking structure is being
proposed along the north property line of the development site. In accordance with the
requirements of the California Environmental Quality Act (CEQA), an Initial
Study/Environmental Checklist and Mitigated Negative Declaration have been prepared
for this development. FOr the record, the Warlan/Cypress Business Center Specific Plan
list office, and research and development uses as permitted uses and therefore, staff is
processing this request under the Design Review Committee approval process. Staff has
reviewed this proposal and found that the development complies with the Specific Plan
and all of the development standards and goals & policies of the Specific Plan. Based on
the analysis presented, staff recommends that the City Council adopt the Mitigated
Negative Declaration and Mitigation Monitoring Program in accordance with the
requirements of the California Environmental Quality Act (CEQA) and approve a resolution
approving Design Review Committee No. 98-31, subject to the conditions as Exhibit "A" in
the report.
In responding to a question by Councilmember Carroll about why subject item doesn't
require a public hearing and a conditional use permit (CUP), the Director of Community
Development replied that a CUP is required on a project when the use may be
compatible if certain conditions are met, it is brought as a public hearing so that people
in the area can be notified and look at what the conditions are and see if those
conditions make the use compatible with the area. The subject property is in a Specific
Plan area, which these type of uses meet the areas developments standards. Staff
determined that only the design needs to be looked at and not the use itself. The
California Environment Quality ACt encourages agencies to tier the documents so they
rely on one another and address any issues not addressed in the previous documents.
Unless you can not mitigate an issue that you identified, then that would trigger an
environmental impact report. If you can mitigate them, you prepare a Mitigated
Negative Declaration.
~n response to Mayor Pro Tem Keenan about turn out lane Indicated off of Valley view
into the project, Mr. Christoffels, replied that Valley View is shown as a future Smart street
but there is no funding in the current Measure M Program. In order for that project to go
forward there would have to be some other funding source that was either voted in by
the public or created subsequent to measure M. The shoulder on Valley View is large
enough to pull out of traffic in order to make a right hand turn into a driveway, just
passed the bus stop.
Community Development Director further elaborated on Councilmember Keenan's
question, that the conditions read that they have 3 years.
Applicants, Carl Robertson and Tom Rakestraw introduced themselves and offered to
answer any questions that Council might have and indicated that the staff report and the
environmental report and traffic analysis were very thorough and accurately described
the project. The Conditions of Approval have been carefully reviewed and have arrived at
an understanding with the City.
Mayor Pro Tern Keenan asked about there being no indication for review of the 3 year
phasing. Are those maximum times out, or is this a tentative time line. What happens to
the time line if things change. Applicants responded that it is market driven and site has
to be developed as a single site. In effect, they committed to go forward with phase 1
which is the high tech building. The use in this regard in the 2 story project is
approximately one half as what has been offered in terms of density and that it is also
market driven. The parking structure on this piece is really an overage that we perceive
the market being.
14
CITY COUNCIL MINUTES September 28, 1998
The parking structure is essentially there for the flexibility of responding to the market
demand. They are trying to show staff the whole picture of that parcel for staff to
review the project all at one step and that is the reason for the longer phasing.
There is site access onto to Valley View, to Katella and to Hope that giving the maximum
flexibility on the site as a whole to avoid the intersection of Katella and Valley View
should that become an issue. They also granted an easement to the City to allow it an
additional right turn lane from Katella to Valley View.
Mayor Pro Tern Keenan questioned that there are a number of trees right at the corner of
Valley View and Katella and wanted to know if they are going to be incorporated into
the project. The applicants responded that their intent is to salvage those trees but to
use them in this project would be problematic.
Mayor Jones commented that she hoped that the landscaping is compatible.
Councilmember Carroll asked about the structural standards that are planned for these
buildings. Applicants indicated that they build to a higher structural standards as they
want the buildings to meet the future codes. They try to anticipate the future codes for
structural integrity and for finance reasons as the lenders require that they meet current
code revisions. If not, they are required to retrofit them and it becomes very expensive.
The City requires a soils analysis that identifies specific qualities and properties of the soil
which their Structural Engineer will design to.
Councilmember Carroll asked the applicant to how committed they are to office
buildings. Applicants stated that they intend to build the project as an office building as
they feel there is a good market for it. That corner is a key office as it has high visibility
and will attract Class A tenants.
Community Development Director requested that RBF for the record introduce their
credentials.
Glen Lejoi, Project Manager for the environmental review for this project, have
completed over 15 environmental review projects for the City, in the business park.
Steve Sasaki with WPA Traffic Engineering is Registered traffic and Civil Engineer with the
State of California and participated in professional organizations and has been preparing
traffic studies since 1981 on a continual basis.
MS. Kelly indicated that the City solicited the consultants and the applicant was required
to post the money with the City and there is no contact between the two until the draft
studies have been approved by the City. They work for the City.
It was moved by Councilmember Piercy and seconded by Mayor Pro Tern Keenan to:
Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program
in accordance with the requirements of the Californla Envlronmental Quality
ACt (CEQA); and
2. Approve the attached Resolution approving Design Review Committee NO. 98-
31, subject to the conditions attached as Exhibit "A".
RESOLUTION NO. 5017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE NO. 98-31 -WITH CONDITIONS.
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
REQUEST TO DETERMINE WHETHER A TEMPORARY STORAGE FACILITY IS A PERMITTED OR
CONDITIONAL PERMITTED USE WITHIN THE PS PUBLIC AND SEMI-PUBLIC ZONE: Community
Development Director presented a request by Ms. Darlene Hembreiker, Assistant Principal
of the St. Irenaeus Parish School, to place a temporary storage container for the purpose
of storing emergency preparedness materials on the St. Irenaeus School site. The Cypress
Zoning Code does not include temporary storage containers on its list of permitted,
conditionally permitted or prohibited uses within the PS Public and Semi-public zones.
15
CITY COUNCIL MINUTES September 28, 1998
Due tO the schools need to immediately store the emergency preparedness materials
onsite, staff is looking for direction to allow the storage container as a short-term
temporary use subject to a temporary use permit. Staff recommends that the City
Council determine that the requested temporary storage container is an accessory use to
the school and should be permitted subject to a conditional use permit. In the interim
staff recommends that the City Council determine that the temporary storage container
be considered a temporary use subject to approval of a temporary use permit.
Councilmember Carroll asked how big the container is and why shouldn't residents be
made aware of this. Community Development Director indicated that the container is 8
feet 6 inches high and will be notifying people under the Conditional Use Permit. What is
asked from Council at this time is to make a determination and then asking to put the
storage as a temporary use.
Mayor Pro Tern Keenan, asked staff if they are recommending that it be allowed as a
temporary basis and then go through the Conditional Use Permit. Also commented that it
is important to notify the residents to give them an idea of what the use is going to be
but will authorize it as a temporary basis. Ms. Kelly indicated that because it is for
emergency preparedness items they looked at an interim solution as well as a long term
and Council does not have to approve both if there are some concerns.
In responding to Councilmember Carroll question about what is considered temporary,
Community Development Director, replied that she would consider 3 months as being
temporary.
Mayor Jones commented that if it is for emergency preparedness it will not go away in 3
months and suggested authorizing them to put it there temporarily and in the mean
time give them 6 weeks or two months to come back with a public hearing for the
Conditional Use Permit.
Councilmember Carroll suggested having the hearing within 60 days as 3 months is a long
time. MS. Kelly responded that staff will try to have it before the Council within 60 days.
Councilmember Piercy commented that she agrees with the temporary use permit and
then work on the Conditional Use Permit.
It was moved by Councilmember Carroll and seconded bv Councilmember Bowman to
approve authorization to place a temporary storage container at 9201 Grindlay St.,
subject to the approval of a temporary use permit and further required that a
conditional use permit application be filed within 60 days. 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
REVIEW OF DEVELOPMENT SERVICES PROCESSING AND PROPOSED BUSINESS PLAN: The City
Manager introduced the item and Alice Angus, City Planner presented the item from staff
which indicated that in February 1998, a contract was awarded to Bucknam & Associates
for this land use development processing streamlining study. This project was identified
as a Workplan item for both the Community Development Department and Public Works
Department based upon the joint commitment of both departments to service in the
community. Through a strategic planning process, Bucknam & Associates and the
departments conducted an assessment of the current development services
organization. This process included extensive interviews by Bucknam & Associates with
key community leaders, businesses, developers, City officials and City Council and an all-
day workshop to identify goals and objectives for improving development services in the
City. The study produced the attached Development Services Program Plan which is
regarded as the first of an annual series of business plans for the on-going improvement
in the delivery of development services to the community. It is staff's recommendation
that the City Council receive and file this report and direct staff to implement the
Development Services Program Plan.
16
CITY COUNCIL MINUTES September 28, 1998
Steve Bucknam introduced himself and thanked the Development Services Team, City
Manager and all the people that he worked with in putting together the business plan
for the community. Mr. Bucknam stated that he found that Cypress has very few
negative comments and that it is 94% approval satisfaction.
Councilmember Carroll commented that it is an outstanding direction to take and the
book shouldn't be forgotten. The Orange County Fire Authority had a reputation of
being very slow on turnovers. They authorized them to hire 6 people and lower the
threshold if they brought in a consultant. The million dollar insurance requirement fee
was waived. It went to the business community and they agreed to raising the fees if the
turnover is reduced. Councilmember Carroll requested that staff look into the turn over
time issue.
Mayor Pro Tern Keenan stated that he applauded Steve Bucknam's work and that staff
recommendation is to implement the plan and even taking it further than that. It is
important occasionally to bring someone from the outside who can stand back and look
at services and interview people on a basis where nobody can feel threaten telling what
really has been going on as far as development things. He felt that it provided a good
insight to City Council.
Councilmember Piercy agreed with Mayor Pro Tern Keenan and thought it is an
exceptionally well done plan and the presentation was very nice. It was easy to read,
interesting and enjoyable. It was well done.
It was moved by Councilmember Bowman and seconded by Mayor Pro Tern Keenan to
receive and file the report and direct staff to implement the Development Services Plan.
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
RECONSIDERATION OF REQUEST TO APPROPRIATE FUNDING TO REIMBURSE CYPRESS LITTLE
LEAGUE ALL-STAR PARENTS FUND FOR TRAVEL EXPENSES: The City Manager presented the
item which was agendized for reconsideration at the request of Councilmember Member
Piercy.
Councilmember Piercy commented that this item was considered in her absence as well
as the Mayor's, and she asked to bring this request to a full Council. Councilmember
Piercy made a motion to not pay the full travel expenses associated with the Little
League World Series but to consider contributing $2,000 to the parent fund.
Councilmember Bowman seconded that motion as he felt that the league brought a lot
of recognition to the community and expenses were not planned and it puts a
tremendous strain on the families.
Councilmember Carroll expressed disappointment to have the item on the agenda again.
He stated that there is a separation of the church and state. We don't financially support
churches with state monies and with state money we do not financially support athletes.
In this country private enterprises support athletes.
Councilmember Carroll felt that Cypress tax payers should not pay for a few parents to
attend a world series event. The City Council appropriated $2,000 to celebrate the home
coming which is justified as the whole community participated and got some of the
benefit out of it. Councilmember Carroll said he would vote against it.
MaVOr Jones stated that she 100% supported Councilmember Carroll's position. She does
not think it is an appropriate use of taxpaver's monev.
The motion failed bv the following roll call vote:
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS: Bowman and Piercy
3 COUNCILMEMBERS: Carroll, Keenan and Jones
0 COUNCILMEMBERS: None
17
CITY COUNCIL MINUTES September 28, 1998
SCHEDULING INTERVIEW SESSION FOR APPOINTMENT TO THE CABLE TELEVISION AND
TECHNOLOGY COMMISSION:
Mayor Jones asked the interview session of the two applicants interested in appointment
to the Cable Television and Technology Commission be scheduled at the Council Meeting
of October 13, 1998, at 5:30 p.m.
APPOINTMENTS TO THE 1998-99 YOUTH COMMISSION AND CONSIDERATION OF AMENDMENT TO
MUNICIPAL CODES TO INCREASE AND EXTEND YOUTH PARTICIPATION, AS RECOMMENDED BY THE
CYPRESS RECREATION AND COMMUNITY SERVICES COMMISSION: City Manager asked the Parks
& Recreation Director Marvin DeCarlo to present this issue from the Recreation and
Community Services Commission. The Commission addressed continuing issues of a
desire to have participation at the Junior High School level, and expanding the Youth
Commission term of office from one to two years. Another consideration of the
Commission for attracting increased participation was to increase the number of Youth
Commissioner appointments to all qualified applicants. It is staff's recommendation to
have the City Council, ratify the recommendations by the Recreation and Community
Services Commission for the appointments to the 1998-99 Youth Commission.
Furthermore, in order to address continuity issues and to increase participation by the
youth, it is recommended that the City Attorney be directed to review Article IX, Sections
2-91 and 2-92 of the Municipal Code and develop language to consider amending the
sections to provide for the following: 1. To increase term to two years for eligible Youth
Commissioners. 2. To expand the number of Youth commission members to include
appointment of all qualified applicants. 3. To increase eligibility to the Youth Commission
to include junior high students to serve as Task Force members. 4. To change eligibility
of Youth Commissioners to include those not older than 19 years of age and attending
high school as able to apply.
Mayor Pro Tem Keenan asked if there are some Commissioners carrying over this year
from the previous Commission and secondly should we have a limit. Mr. DeCarlo
responded that two of the applicants are from the previous Commission and that they
are included in the list. In the past years, there have been 12-18 applications received.
Councilmember Piercy asked if there is good attendance by the students and indicated
that a two year term might be a long commitment for the students to keep.
Recreation Manager June Liu explained that an orientation is held at the very beginning
of the school year in which all of the candidates are invited, both the Youth
Commissioners and the TaSk Force members. At that meeting they do spell out the
responsibilities and the meeting times and dates. Commissioners and TaSk Force
Members at that time are given the opportunity to change those particular meeting
dates to best fit their schedule.
Councilmember Piercv asked if the Task Force is a new idea. Ms. Liu responded that the
Task Force has been in place and it was brought up in a joint meeting with Youth
Commissioners and the Council. The Task Force members have not had the opportunity
to vote on issues and do not have by recognition of our Municipal Ordinances the ability
to vote and that was one of the reasons to consider for expansion.
Mayor Pro Tern Keenan commented that we need a limit and suggested an automatic
renewal.
Councilmember Piercv suggested to leave the term for one year as most of them are re-
appointed.
Mayor Jones commented that part of the reason that this came up was conversations at
that table and part of the problem was, that it was only one year and that was driving
them away. Mayor Jones stated that they can always resign if it conflicts with their
schedule and if it doesn't they are on for two years. Mayor Jones asked if the
recommendation is to allow junior high students. The group feeling was that bringing in
junior high students will be a benefit and how do you go about attracting these people.
MS. Liu indicated that currently junior high students are not allowed. Applications are
sent to the Counselors of local high schools and rely on current Task Force Members and
Youth Commissioners to provide the voice to encourage their peers to participate and
also on press releases.
Mayor Jones suggested that staff make the recommendation to provide the information
to other schools to attract students from other schools.
18
CITY COUNCIL MINUTES September 28, 1998
Councilmember Carroll suggested to leaving the term to one year. Also suggested
automatic renewal for the Commission if the requirements are met and to leave the
Commission number at 7. He said that his interpretation was that there wasn't enough
voting power by the Commission. Councilmember Carroll suggested to keep the voting
power to seven.
Mayor Jones commented that her interpretation of that meeting was that they seem to
want some broader base to work with. The impression was that some of them felt that
it was the seven people and they were the only ones left to the work and that was one of
the reasons they wanted to broad it.
Ms. Liu said there are two Commissioners returning who have served for 4 years. AS part
of the recommendation if there is any time for amendment to the Section 2-91 and 2-92
of Article 9, that could be reviewed by the Youth Commission for the final
recommendation to the Recreation and Community Services Commission, so it would
give them and the new appointment the opportunity to take a look at that possibility
and to discuss the issues and the pros and cons of expanding not only the numbers but
also their terms.
In responding to Mayor Pro Tem Keenan's request for clarification of point #4 not older
than 19 years of age and attending high school as able to apply, Ms. Liu replied that it
was brought up at the Recreation and Community Services Commission, there was a gray
area on whether a high school senior could be 19 but the requirement is that they still be
in high school.
Councilmember Bowman asked for a count of applicants. Ms. Liu responded that she
received 13 applications.
Councilmember Carroll commented that the point has been made and if you get too
many people involved it will be more difficult to make decision. If there is going to be a
commission the number should be limited. Councilmember Carroll suggested that
everything should remain the same.
It was moved by Mayor Pro Tem Keenan and seconded by Councilmember Piercy to make
the following appointments:
YOUTH COMMISSIONERS
Christopher Ahn
Billy English
Lauren Hovey
Jennifer Hung
Cathy Marcurn
Natalia Martinez
Jason Sondhi
Junior, Cypress High School
Junior, Troy High School
Junior, Cypress High School
Senior, Cypress High School
Senior, Cypress High School
Senior, Cypress High School
Junior, Cypress High School
TASK FORCE MEMBERS
Kpingba Bernard
Tabitha Crawford
Leslie McShane
Joyce Mealev
Margaret Pena
Victoria Wostenberg
Senior, Cypress High School
Senior, Cypress High School
Sophomore, Cypress High School
Senior, Cypress High School
Sophomore, Cypress High SchOol
Junior, Cypress High School
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
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 33933 - 34087:
Motion was made by Councilmember Piercv and seconded by Mayor Pro Tem Keenan to
approve the Commercial Warrant Lists for Warrants No. 33933 - 34087 in the amount of
$811,718.95. 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
19
CITY COUNCIL MINUTES September 28, 1998
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio
Governing Board of Directors.
APPROVAL OF PARK FACILITY USE POLICY, AS RECOMMENDED BY THE CYPRESS RECREATION AND
COMMUNITY SERVICES COMMISSION: Park and Recreational Services Director presented the
item from staff which included a recommendation by the Recreation and Community
Services Commission to adopt a Park Facility Use Reservation Policy concerning certain
issues. The Cypress Recreation and Park District currently does not have a formal Park
Facility Reservations Use Policy. The recent construction of the group picnic facility at
Veterans Park and the renovation of the Arnold/Cypress Park picnic pavilion along with
special event permit for pony rides, dunk tanks, and party equipment have raised the
question of the need for more controlled use of these facilities. Staff recommendation is
that City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District, approve the recommended Park Facility Use Policies as
summarized in attached "B", tO be effective 45 days following Council approval.
MOTION TO CONTINUE THE MEETING:
It was moved by Mayor Pro Tem Keenan and seconded by Mayor Jones to continue the
meeting after 11:30 p.m. as required by law. 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
In responding to Mayor Jones' question about the moon bounces having to be gasoline
filled or that they can't plug it in, Mr. DeCarlo replied that the concern was that they
don't plug it in. That they don't use the electricity of the park or be designated in an
area where only electricity can be used and that they are able to be placed anywhere in
the park by being self contained.
Mayor Jones commented that Veterans Park is very different than the Arnold Cypress Park
and feels very uncomfortable in charging people for the use of the park. It would be
understandable to charge at Arnold Cypress Park which is a much larger facility and deals
with a lot of cooking and very large groups.
Councilmember Piercv agreed with Mayor Jones comments on charging for the use of the
park. She commented that she felt that there shouldn't be a fee for the use of the park
for weddings. She understands the charge for moon bounces and merry go rounds.
Mr. DeCarlo indicated that the Commission had some reservation of giving up open
spaces for activities such as weddings, that was one consideration and felt that it was so
valuable that it should have a price tag. The second consideration was the fact that most
weddings do come along with requests for tables, chairs, balloons etc., which needed to
be monitored.
Mr. DeCarlo in response to Mayor Pro Tem Keenan, indicated that the fees would cover
those costs involved to provide the service.
Councilmember Carroll asked clarification of several items on the staff report and staff
responded to them appropriately. He commented that a reservation makes a lot of sense
and agreed with the fees presented bv staff.
Mayor Jones expressed her concerns in charging for the use of Veteran's Park. Veteran's
Park is in a highly residential area and rental homes. She opposed the charging of use of
veteran's Park.
Councilmember Carroll commented that a reservation for ~ ~ hour period For ten
dollars is not excessive or unreasonable as we are providing a service in reserving the
space. Mayor Jones clarified that she was not opposing the reservation fee but is opposed
to the hourly charge. Councilmember Piercy agreed with the Mayor and also opposed
the $5 hourly charge.
Councilmember Bowman commented that a reservation process will be accepted bv the
residents as out of town people are tying up the facility and said that he also opposes the
$5 hourly fee.
2O
CITY COUNCIL MINUTES September 28, 1998
City Attorney stated that we are not prohibiting non resident groups from using the
parks. We are simply allowing residents the right to reserve the facility. When the facility
is not reserved everybody and anybody is welcomed to use it.
Mayor Jones suggested that more than ten days reservation time be given.
Councilmember Piercy said that for the record a minimum of ten days in advance
reservation is required.
It was moved by Councilmember Piercy and seconded by Councilmember Carroll to
approve the recommended Park Facility Use Policies with the exclusion of the $5 hourly
charge. 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
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. None were presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda
Allen Crowder referred to the Holder Bridge He indicated that he has heard that truck
traffic was not going to be permitted to go through Holder Street. He stated that Holder
is restricted to heavy trucks going through now and that should not be a problem. He
offered suggestions on the mitigation for the 3 identified intersections.
Mary Crowder referred to the HOlder Bridge and informed Council that she will fight for
the opening of Holder Street as it will alleviate a lot of traffic problems.
Mayor Jones asked about who has jurisdiction of Knott Ave. Mr. Christoffels indicated
that it is under the City of Garden Grove.
ADJOURNMENT: Mayor Jones adjourned the meeting at 11:59 p.m., to October 13, 1998 at
the Board Room, City Hall, West Wing, 5275 Orange Avenue at 5:30 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
21