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Minutes 98-10-26CITY COUNCIL MINUTES CITY OF CYPRESS October 26, 1998 ABC LICENSE--app for transfer file bV Shiring Rokni & Farrokh Vosough, dba Oasis Market, 9175 Valley View St. AWARD OF CONTRACTS--Contract Renewal to CWI for removal & disposal of City wastes CABLE & TECHNOLOGY COMM--Mavor presented Cert of Appt to Brian Black CITY COUNCIL MEMBERS--App Of City Council compensation increase CITY COUNCIL MEMBERS--Restrictions re outside employment CIVIC CENTER--App of Project No. 9815 Plans & Spec. & Authorize to solicit bids COMMENDATION--ReSO commending Eagle Scout Michael David Freed CONTRACT CHANGE ORDER--AdOp of Public Works Contract Change Order Policy CUP 98-16--Cont P/H of development on Denni & Gay St. CUP 98-19--P/H request to construct a office/warehouse/distribution building at 5790 Katella Ave. FINANCE DEPT--Oppose the proposed increased in the Federal payroll taxes on All New State and Local Government Employees FINANCE DEPT, COMM WARRANT LIST--Apprv warrants No. 34359-34598 FINANCE DEPT--Review of Monthly Investment Program for Sep 1998 FINANCE DEPT--Execution of Promissory Notes between the city and the Redevelop Agency GENERAL PLAN AMENDMENT NO. 98-2--Cont P/H of development on Gay & Denni St. GRANTS-FEDERAL HOUSING--Apprv the Federal Housing & CDBG Application-25TM year LIVE ENTERTAINMENT ORDINANCE--COnt P/H re proposed revisions to the Ordinance ORANGE COUNTY FIRE AUTHORITY--Discussion of OCFA membership POLICE DEPT--P/H Federal grants under the Violent Crime Control & Law Enforce Act of 1994 POLICE DEPT--App of Project No. 9721 Police Dept. Remodel SPECIAL PERMIT--P/H re: application to operate a secondhand business at 6318 Lincoln VACATIONS--Request bV Matthew osman to vacate Lot A, Tract 5940 VARIANCE NO. 98-5--P/H request for a reduction in required rear yard open area at 9787 Cedar Court ZONING-DESIGN REVIEW COMMITTEE--Adopt Reso apprv DRC NO. 98-37 and DRC NO. 98-39 ZONING CHANGE NO. 98-1--C0nt P/H on Zone Change of development on Gay & Denni St. Page 2 13 14 4 4 14 5-8 10-11 5 14 5 14 5-8 5 5 13-14 12 4 9-10 12-13 10 4 5-8 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 26, 1998 The Regular Meeting of the Cypress City Council was called to order at 5:13 p.m., Monday, October 26, 1998, inthe Board Room, West Wing, City Hall 5275 Orange Avenue, Cypress, Mayor Pro Tern Keenan presiding. PRESENT: ABSENT: Councilmembers Bowman, Keenan, and Piercy Councilmembers: Carroll and Mayor Jones Also present were Acting City Manager Richard Storey, City Attorney William Wynder, staff members Angus, Liu and consultants Kathy Head and Glen Leioi. WORKSHOP SESSION: NORTH END RESIDENTIAL STUDY RECAP LINCOLN SPECIFIC PLAN Alice Angus, Acting Community Development Director opened the presentation by indicating that since the September 28, 1998 City Council workshop, staff and the consultant Robert Bein, William Frost & Associates (RBF) have worked to incorporate the comments received at the City Council workshop and a community meeting that was held on October 20, 1998, to present the specific plan and receive comments from the property and business owners within the specific plan area, Ms. Angus indicated that the purpose of this workshop was to provide an overview of the refinements made to the draft plan after receiving comments from Council at the September 28, 1998 Workshop. Ms. Angus asked Glen Lejoi from RBF to summarize the points which included modifications to the plan, and creation of incentives to the business owners. COUNCILMEMBER CARROLL ARRIVED AT 5:23 P.M. MAYOR JONES ARRIVED AT 5:39 P.M. Following discussion by the City Council, Ms. Angus summarized that Council would like to leave the boundaries with industrial and downtown area as shown on the map presented, add a graphic showing the model of the lighting and add text that will relate to window and temporary signage. NORTH END RESIDENTIAL STUDY RECAP Ms. Angus indicated that the City Council, at its October 13, 1998 meeting, requested staff to bring back the North-end Residential Study to compare any relationship with the Gay & Denni development project. The north end area study looked at a change from high density RM-20 development to medium density, RS-5000. The study concluded that there is a market for small-lot single-family development and single- family RS-5,000 type development offers greater potential profit than RM-20 type multiple-family development. This study, however, did not compare small lot single- family with traditional RS-6,000 type of single-family. Ms. Angus informed the Council that the North-end Residential Study was prepared by Keyset Marston Associates and the Consultant, Kathy Head, was present and available for any questions. Ms. Angus concluded the presentation by indicating that the economic analyses that have been done to date regarding the north-end residential and Lincoln Avenue areas have not compared the economic feasibility of small-lot single-family versus traditional single-family RS-6,OO0. What the studies indicate is a demand for new single-family development including small-lot single family houses. Ms. Head, Consultant from Keyser Marston Associates said that based on her experience, the market in this area is $325,000 to $375,000 and from the economic and financial stand point, developers would prefer to build RS-5,000 small lot single family homes. Ms. Head said that RS-6000 could be built but it would be more difficult economically doing that development and would not attract buyers or developers. She indicated that if the zoning is changed to a higher density the value of the property would be enhanced by 30%, plus or minus. CITY COUNCIL MINUTES October 26, 1998 The City Council further discussed a zone change from RS-6000 to RS-5,000. RECESS: Mayor Jones recessed the meeting at 6:02 p.m., to allow the Council to continue the meeting in the Council Chambers. The meeting reconvened at 6:18 p.m., in the Council Chambers with all Councilmembers present. CLOSED SESSION: The City Council went in to closed session at 6:20 p.m., to discuss the Liability Claims. 7:00 p.m., SESSION The meeting reconvened at 7:00 p.m., with all Councilmembers present. Also present were Acting City Manager Richard Storey, City Attorney William Wynder, staff members Angus, Christoffels, Hensley, DeCarlo and Liu. PLEDGE OF ALLEGIANCE: The Pledge was led by Brownie Troop No. 282. INVOCATION: The invocation was given by Pastor Weldon Leimer, Holy Cross Lutheran Church. PRESENTATIONS: The Deputy City Clerk swore in newly appointed Cable Television and Technology Commissioner Brian Black and Mayor Jones presented him with his Certificate of Appointment. Louie Giampapa on behalf of the Cypress High School Athletic Booster; Cypress High School Band Booster, Straight Talk and the Speech and Language Development Center presented a check to Police Chief Hensley in the amount of $1,750 for the D.A.R.E. Program. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: Acting City Manager Richard Storey reviewed discussions held during the workshop sessions on the Lincoln Avenue Specific Plan and the North-End Residential Study Recap. The City Attorney reported that three closed sessions were held under the authority conferred upon the Council by Government Code Section 54956.95. The first was to consider an application presented by Mr. Lance Ao Alarcon to present a late claim. The City Council unanimously rejected that request. The second and third were a pair of requests by Kevin and Peter Vu for claims for equitable indemnity and subrogation against the City. The City Council unanimously rejected both of those claims. ORAL COMMUNICATIONS: Limited to One Half Hour. Councilmember Piercy asked for the community's support and prayers for George Hallak's wife, Vinita, as she is very ill. In answering a question that was raised at the October 13 Council Meeting by Linda Sunley relating to inaccuracy items in the ballot under Measure B, Section 2, the City Attorney explained that the ballot reads a $50 monthly stipend to Commissioners when it should read '~50perrneet/n~'. He indicated that it was a typographical error but the total annual amount is accurate. Helen Olsen thanked Mayor Jones, Councilmembers Bowman and Carroll for their service to the community and wished them good luck. She also spoke in opposition of card club casinos in Cypress. Bernice Place talked about the success of the Oktober Fest event and thanked the businesses for their support. She stated that she opposes a Planning Commission and utility taxes. She spoke in support of the businesses as they are contributors to the community. Don Wesling poke in support of a Planning Commission. He also addressed Measure C and how the signatures are being gathered. He said that the community is being misinformed as to what a Planning Commission would vote on. CITY COUNCIL MINUTES October 26, 1998 Mary Crowder asked the City Council to recognize the people that worked at the nature center for their outstanding work. Mayor Jones directed staff to look into that. Chief Hensley gave a presentation of the Citizens Volunteer Program. Mayor Jones invited Council candidates to speak and relay their community service to the community. Mike McGill, Lydia Sondhi, Susan Linde, Todd Seymore, Leo Friedland, Del Davis, Frank McCoy and Frann Shermet gave brief presentations. Mayor Jones addressed the City Attorney regarding the campaign reform, created to disclose to citizens of Cypress how the candidates are supported during an election. Mayor commented that she felt that two of the candidates did not disclose full information on their financial statements. Councilmember Carroll asked the City Clerk to return the financial statements that did not submit the required information and request full disclosure. Councilmember Carroll informed the community that it would take a vote of the people to approve utility taxes and it was not the Council's intent to impose such taxes. He also spoke about the Planning Commission and went over some examples of what they would be acting on. At the request of Councilmember Carroll, Mark Christoffels provided an update of Cypress Acres. Councilmember Piercy remarked that it was very inappropriate to address the financial statement disclosures publicly. AWARD OF CONTRACTS: AWARD OF A ONE-YEAR SERVICE CONTRACT RENEWAL FOR REMOVAL AND DISPOSAL OF CITY-GENERATED HAZARDOUS WASTES. Acting City Manager asked Gonzo Vasquez, Contracts and Environmental Affairs Manager, to present the staff report which was a request by Consolidated Waste Industries, Inc.(CWI) to renew its contract for removal and disposal of City-generated hazardous wastes for a one year period. CWI has agreed to provide the service at the same price and did not anticipate an increase for this year. CWI performance has been outstanding since entering into a contract with the City of Cypress and staff recommended the renewal of a service contract for a one year period. In responding to Mayor Pro Tem Keenan, Mr. Vasquez indicated that Consolidated Waste Industries, Inc., was one of the lowest bidders back in 1996 when bidding took place. It is also a large company with a good track record and have met all of the insurance requirements that the City requires to ensure that it receives the type of service that we need. No complaints have been received relating to their performance. It was moved by Mayor Pro Tem Keenan and seconded by Councilmember Carroll to approve the renewal of a service contract with Consolidated Waste Industries, Inc. 10680 Silicon Avenue, Montclair, California 91763, to remove, transport and dispose of the City's hazardous wastes, for a one year period ending October 27, 1999, in an amount not to exceed $14,000. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Mayor Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matter listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Carroll requested to pull Item #2 Motion to approve City Council Minutes of October 13,1998 and Item # 10 Opposition to Proposed Federal Payroll Tax on All New State and Local Government Employees for Participation in the Social Security Program. CITY COUNCIL MINUTES October 26, 1998 It was moved by Mayor Pro Tem Keenan and seconded by Councilmember Bowman to approve the Consent Calendar Items No. 2-11, with the exception of Items No. 2 and 10. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Mayor Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Approval of an Application for Alcohol Beverage License Transfer Filed by Shirin Rokni and Farrokh Vosough, D.B.A. Oasis Market, 9175 Valley View Street, Cypress. Recommendation: Receive and file. Item No. 5 Adoption of Resolution Commending Eagle Scout Michael David Freed. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eagle Scout Michael David Freed. RESOLUTION NO. 5021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT MICHAEL DAVID FREED ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 6: Approval of Design Review Committee Permit No. 98-37, Installation of Two (2) Wall Signs for Action Auto, 9052 Walker Street; and Design Review Committee Permit No. 98-39, Installation of Building Sign for Axiohm American Magnetic, 6185 Phyllis Drive. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, approving Design Review Committee Permits No. 98-37 and 98-39. RESOLUTION NO. 5022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 98-37-WITH CONDITIONS. RESOLUTION NO. 5023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 98-39-WITH CONDITIONS. Item No. 7: Acceptance of Police Department Remodel, Public Works Project NO. 9721. Recommendation: That the City Council: 1) Accept the Police Department Remodel, Public Works Project No. 9721, as being satisfactorily completed in conformance with the project specifications; 2) Approve Contract Change Order No. 1 through 8, in the amount of $17,552.75; 3) Appropriate $12,500.00 to 4186-15-476-24, Police Department Remodel Account from the unreserved fund balance of the Capital Improvement Projects Fund; 4) Approve the final retention payment of $8,260.48 to William F. Schafer Construction, 3410 Cogswell Rd., El Monte, CA 91732, 35 days after the Notice of Completion is filed, if no claims or objections have been filed; and 5) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections were filed. Item No. 8: Approval of Plans and Specifications and Authorization to Solicit Bids for the Civic Center Parking Lot Modifications, Public Works Project No. 9815. Recommendation: That the City Council approve the Plans and Specifications and authorize staff to advertise for the Civic Center Parking Lot Modifications, Public Works Project No. 9815. CITY COUNCIL MINUTES Ocl:ober 26, 1998 Item No. 9: Adoption of Resolution Approving the Federal Housing and Community Development Block Grant Application - 25th Year. Recommendation: That the City Council review the proposed projects and take the following action: Adopt the Resolution by title only, title as follows, approving the City's participation in the 25th Year Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. RESOLUTION NO. 5024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ClTY'S PARTICIPATION IN THE 25TM YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE Item No. 11: Review of Monthly Investment Program for the Month of September 1998. Recommendation: Receive and file Regarding Item No. 2, Motion to Approve City Council Minutes of October 13, 1998, Councilmember Carroll explained that he pulled this item because he found a typographical error on page 14 paragraph 1, last sentence that reads" 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 61,000 sq. ft., the change should reflect '~, It was moved by Councilmember Carroll and seconded by Councilmember Bowman to approve the October 13, 1998 Council Minutes as corrected. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Mayor Jones None None With regard to Item No. 10, Opposition to Proposed Federal Payroll Tax on All New State and Local Government Employees for Participation in the Social Security Program, Councilmember Carroll remarked that he does not know enough about that item to determine the real outcome to the City. It was moved by Councilmember Carroll and seconded by Councilmember Bowman to request additional information for a future agenda report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Mayor Jones None None PUBLIC HEARINGS 7:30 P.M. CONTINUATION OF PUBLIC HEARING RE: PROPOSED REVISIONS TO CYPRESS LIVE ENTERTAINMENT ORDINANCE: Mayor Jones continued the item to the November 9, 1998 Council Meeting. CONTINUATION OF 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 Acting City Manager asked Alice Angus, Acting Community Development Director to present the report which was a request continued from the last Council meeting held on October 13, 1998. The request included a General Plan Amendment and a Zone Change that deals with the allowable density within the area where a project is being proposed. In terms of the project, the original request was to subdivide the subject properties into 39 separate lots with the construction of 34 single-family homes. As a result of comments received, from property owners living in the area and concerns presented by members of the City Council during the public hearing, Council voted to continue this item and instructed the applicant to work on a revision to the plan addressing the issues and items presented at the public hearing. CITY COUNCIL MINUTES Oct~ober 26, 1998 The applicant returned with a revised plan and modifications. The modifications consisted of a reduction in the number of units from 34 down to 30, removal of the security gates at both the Gay and Denni entrances to the project site, a change in the block wall along Gay Street to a combination of block and wrought iron fence, an increase in the setback of the homes that would back onto Gay Street, and a relocation of the park, originally proposed at an interior location, now proposed along the Gay Street frontage. The average size of the lots with the reduction in the total number of units was increased to over 5,649 sq. ft. in net area, measured from the back of the sidewalk. A description of the surrounding properties and uses was mentioned in the staff report. Ms. Angus stated that because the density of the revised project is only slightly higher than the maximum allowable density of the existing low density RS-6,000, staff believes that the project would be consistent with surrounding residential development. In regards to the Tentative Tract map, it was not submitted in time to allow staff to complete their review and as such, staff recommended that it be continued until the next meeting in order to provide sufficient time for review and that was only if the Council approved the General Plan Amendment Zone Change and the CUP. In addition to the original noticing, staff re-noticed, re-posted and re-sent notices to all properties owners within 300 feet of the project as well as all residents and property owners who submitted previous letters or petitions regarding this development. Staff received telephone calls on the project from 1) a 30 year resident in the Fontainbleau area, stating that her concerns dealt with potential for gates and access limitations to the park, otherwise she was supportive of the development, 2) a call from a neighbor on behalf of Ralph Miller, who had submitted a letter on October 10,1998, stating that Mr. Miller's letter in opposition still applied, 3) a call from a neighbor in the Fontainbleau area opposed to the development due to the increase in density and 4) a call from a resident on Gay Street supportive of the development, feeling that the area could benefit, especially if the drainage improvements that were proposed could be oversized so in the future area residents could tie in through that drainage system. Staff recommended that the City Council determine whether the change in land use designation from low density residential to medium density and from RS-6,000 to RS- 5,000 was consistent with the goals and policies of the General Plan and with the future vision for this particular area. Ms. Angus indicated that if Council determined the change from medium density residential to low density residential was consistent, then staff recommended the City Council to take the following actions: 1. Adopt the Negative Declaration, and direct staff to file a Notice of Determination and De Minimis Impact Exemption. 2. Adopt a Resolution approving General Plan Amendment No. 98-2, and authorize the first reading of the Ordinance for Zone Change No. 98-1; and 3, Adopt a Resolution approving Conditional Use Permit No. 98-16, subject to the conditions in Exhibit "A", pending Zone Change No. 98-1 becoming effective; and Continue Tentative Tract Map No. 15754 to the meeting of November 9, 1998 to allow time for staff to review the map for consistency with the City's Subdivision Ordinance. In responding to Mayor Jones' question about the difference between a public street and private street, Ms. Angus indicated that in terms of the size of the streets, there is a standard within the City's Subdivision Ordinance that does call for a minimum of 40 foot width, curb to curb. The Council in accepting the tract map with public streets could find an exemption and accept smaller streets. Ms. Angus said that private streets are maintained by the Home Owners Association, and public streets are maintained by the City. Public Director further added that in addition to the street width the Code also specifies other requirements that would either have to be imposed by the City Council or waived, those would include street lighting, sidewalks and street trees. 6 CITY COUNCIL MINUTES Ocl:ober 26, 1998 Councilmember Carroll asked the City Attorney to relay the rights people have when the zone is changed and they already reside in such area. The City Attorney related that when a property is acquired with a certain use and the lawful exercise of those rights changes during the acquisition of the use, the City can 1) allow the continuation of that activity as a legal nonconforming use. 2) it can pay the fair market value of the change in the use of the property and immediately result in the cessation of the activity 3) it can amortize the use over a reasonable period of time to allow one to recuperate financial or other legal interest in that right. Councilmember Bowman announced that he was abstaining and left the dais. The applicants, Kerry Choppin and Dave Schaffer from the Olson Company, informed the City Council that several members of the Olson Company on that day, spent some time walking Gay Street, to make people aware of the extent of the changes that they were presenting. Mr. Schaffer provided the Council with copies of some surveys that were taken in response to their previous submittal. The applicant said that the surveys expressed a majority approval of the project by the residents surrounding the site and it was based on a 300 foot radius of the property. The applicants indicated that they took the community's and the City Council's comments and concerns and went back to prepare a conclusive project that would be considerable by the City Council and the community. The applicant reiterated that they were able to reduce the project from 34 units down to 30 units and are proposing to have the zone change to RS-5,000 because of the shape of the site, non conforming to a square or rectilinear use and some efficiencies are lost in that. In consideration of great opposition to the project and the idea and thought of having a private compound at the end of the street, they eliminated the traffic gates that were at the Denni Street location and the Gay Street location, allowing the street to act as a through street. The streets were proposed to have parking on both sides with the addition of a sidewalk for both sides. Eighty five percent of the lots met a minimum 5,000 sq. ft. net, with only 5 lots being less then 5,000 sq. ft. The pocket park was moved to the corner south of the Gay Street exit. The park would be paid for and installed by the Developer and would request to be maintained by the City because it would be a public park. The park would be amenitized with landscaping, a sidewalk and B-BQ and picnic tables and it would be accessible and useable by the entire community. Mr. Schaffer closed his presentation by relating that after walking throughout the community and presenting their new plan, by large, everybody was really responsive that they really went through the effort and listened to the community. The applicant indicated that one of the comments made was with regards to the homes having the back yards facing Gay Street. Mr. Schaffer said that the Olson Company would consider turning the houses around to face Gay Street. In responding to Mayor Pro Tem Keenan, the Applicant indicated that the setback of the iron fence from the improved edge of the street would be approximately 15 feet and 22 feet from the actual building. The back of the houses facing Gay Street would be articulated at a second floor level and the average lot size would be 5,600 sq. ft. Mayor Jones stated that the major streets in the project would benefit more if they were public streets as the City would better maintain them. She felt the Home Owners Association may not be reliable in keeping up these private streets. Mayor Jones asked the Public Works Director to explain the issues in regards to the lighting. Mr. Christoffels explained that there is some wording in the Code that currently allows the City Council to waive those requirements. Mayor Jones expressed concerns with the block and iron fences looking out into Gay Street and asked if there would be an ordinance prohibiting people in putting block walls once the development is in. The applicant said that if its a private community, the CC & R's is a legally binding document that is recorded would prevent them from doing that. If it is not a private community, it would be a condition imposed by Planning and would be enforceable by Code Enforcement. The City Attorney concurred. 7 CITY COUNCIL MINUTES October 26, 1998 Addressing Mayor Jones question, Ms. Angus said that this is the first time that block, wrought iron fences are proposed and the applicant has suggested it, as a way of addressing the concerns of the neighborhood. Mayor Pro Tem Keenan announced that he met with the Developer and the City Manager to view the revised version of the plan. He also said that he spoke to several residents relating to this item. Mayor Jones also announced that she met with the Developer. Butch King, a letter from Gail Simmons, Dale Newveille, Marie Ryner, Carrie Katsimato, Mary Crowder, Lee Lonjuay, Ron West, John Vierra, Bob Zosario, Laura Vierra, Rodney Barba, Red Chatsie, Darrell Ryner, Martin Brown, John Markrough, Mr. Griffin, Ginger Barba, Dan Iron, Pauline Iron, residents of Gay Street, Denni Street, and Fontainbleau spoke in opposition of the project. Their main opposition was the zone change to RS-5,000. Some expressed appreciation for the compromises that the Developer has made. In summary, the majority expressed that they wanted the development to be build under the RS-6,000 zone and the number of homes to be reduced. The applicant, Kerry Choppin addressed the public comments that were given and proposed a Development Agreement with the City that would carry with the land and would specifically state that only 30 units would be allowed to be built at this particular site. After extensive discussion by the City Council about the Zone Change from RS-6,000 to RS-5,000, converting private streets into public, having street lighting improvements, having a park with a tot lot, turning the homes to face Gay Street, and having a storm drain system improvement, the City Attorney informed the City Council that they could introduce the Ordinance for first reading while the developer, staff and the City Attorney and the Developer's Counsel further study the process and then present it to the community. If at the time of the second reading and adoption of the ordinance, there is no Development Agreement or any prospects for a Development Agreement, then the Ordinance dies for lack of a second reading It was moved by Mayor Jones and seconded by Mayor Pro Tem Keenan to continue the Public Hearing with the expectation of a Development Agreement. The motion failed by the following roll call vote: AYES: NOES: ABSENT: ABSTENTION: 2 COUNCILMEMBERS: Jones and Keenan 2 COUNCILMEMBERS: Piercy and Carroll 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Bowman It was moved by Councilmember Carroll and Seconded by Mayor Pro Tem Keenan to 1) adopt the Negative Declaration, and direct staff to file a Notice of Determination and De Minimis Impact Exemption; 2) Adopt the Resolution by title only, title as follows, approving General Plan Amendment No. 98-2, and authorize the first reading of the Ordinance for Zone Change No. 98-1. RESOLUTION NO. 5025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN AMENDMENT NO. 98-2, CHANGING THE PROPERTIES LOCATED AT 82~12, 8232, 8242, 8272 AND 8282 GAY STREET AND THE TRIANGULAR SHAPED PARCEL AT THE NORTH END OF THE EAST SIDE OF DENNI STREET FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL. ORDINANCENO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ZONE CHANGE NO. 98-1, CHANGING THE ZONING CLASSIFICATION OF SEVERAL PROPERTIES LOCATED AT THE NORTH END OF GAY AND DENNI STREETS FROM RS- 6,000 RESIDENTIAL SINGLE-FAMILY TO RS-5,000 SMALL LOT RESIDENTIAL SINGLE- FAMILY. 8 CITY COUNCIL MINUTES October 26, 1998 The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Carroll, Keenan and Jones NOES: 1 COUNCILMEMBERS: Piercy ABSENT: 0 COUNCILMEMBERS: None ABSTENTION: 1 COUNCILMEMBERS: Bowman For the record the City Attorney stated that a General Plan Amendment Resolution has been approved and an Ordinance initiating the process of a zone change has been introduced for first reading, no agreement has been reached by the City to authorize the development of any units at this point. That process is still ongoing and the developer is encouraged to continue to work with the community and with staff in the further submittal consistent with the discussion that was heard at this Council Meeting. RECESS: Mayor Jones recessed the meeting at 11 :l 1 p.m. and reconvened at 11:25 p.m. with all Councilmembers present. It was moved by Mayor Jones and seconded by Mayor Pro Tem Keenan to continue the meeting after 11:30 p.m., as required by law. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None SPECIAL PERMIT APPLICATION TO OPERATE A SECONDHAND BUSINESS FOR THE SALE OF COLLECTIBLES AND SMALL FURNITURE - JACKIE'S JUNK - TIQUE, 6318 LINCOLN AVENUE: The Acting City Manager asked the Acting Community Development Director to present the report which presented a request for a second- hand store. The proposed use will be selling used and previously owned collectibles, small pieces of furniture, dishes, figurines, costume jewelry, and clothing. The proposed retail use is consistent with the provisions of the Cypress Zoning Ordinance in reference to the Commercial Heavy Lincoln Avenue Combining Zone, including sufficient parking within the commercial center. The proposed Lincoln Avenue Specific Plan would designate this area as Campus Village which would allow retail use. Due to the nature of the proposed business and the type of items for sale, a Secondhand Dealer's License issued by the State of California Department of Justice will not be required. A police records check found no derogatory information with reference to the applicant. Notices of the public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. Staff did not receive any communication regarding the proposed project and as such, staff recommends approval of the proposed permit. In responding to Councilmember Carroll, Ms. Angus indicated that consignment was not part of the proposal. The proposal was just for the selling of goods and, in terms of consignment goods, it takes a different character which staff and the police did not look at. The suite is approximately 800 sq. ft. Jacquelyn Sue Lawson, DBA Jacquie's Junk - Tique, 63'18 Lincoln Avenue, responded to Councilmember Piercy by assuring Council that she will not be purchasing items at the premises. Ms. Lawson explained that consignment sales would require more responsibility and paperwork and she did not intend to have that type of sales at her business. It was moved by Councilmember Carroll and seconded by Mayor Pro Tem Keenan to grant a Special Permit to allow secondhand sales at Jackie's Junk-Tique, 6318 Lincoln Avenue, Cypress, subject to the following conditions: 1. The business shall not purchase merchandise for resale from its customers and clients at this location. Sale of merchandise on consignment shall not be allowed. 2. The outdoor display or storage of merchandise shall be prohibited unless a temporary use permit is granted in accordance with the Cypress Zoning Ordinance. All storage of merchandise shall occur inside the building. 9 CITY COUNCIL MINUTES October 26, 1998 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None VARIANCE NO. 98-5, REQUEST FOR A REDUCTION IN REQUIRED REAR YARD OPEN AREA, LOCATED AT 9787 CEDAR COURT: The Acting City Manager asked the Acting Community Development Director to summarize the staff report which represented a request to vary from the Cypress Zoning Ordinance to allow a room addition to reduce the minimum 1,100 square-foot rear yard open area to 682 square feet. The subject property is located at 9787 Cedar Court, within the RS-6,000 Residential Single-Family Zone. The subject proposal also included the concurrent processing of an administrative adjustment to allow a two-foot encroachment into the minimum ten-foot rear building setback. The subject room addition was previously constructed without permits. The application was intended to bring the existing room addition into compliance with City requirements. Notices of the public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. Staff did not receive any communication regarding the proposed project. Based on the analysis presented, staff recommended that the City Council adopt a Resolution approving Variance No. 98-5, subject to the conditions of approval contained in Exhibit "A" of the Resolution. Mohsen Nowrozani on behalf of Mrs. Molina who resides at 9787 Cedar Court, Cypress, stated that he prepared the plans for her and explained the reasons why they need a room addition. Councilmember Carroll asked why this type of request was not handled at staff level. Ms. Angus replied that part of it can be done at a staff level, which is the encroachment into the rear yard set back, because that is within the 20% that is allowable to be considered at staff level. In regards to the total reduction in open space in the rear yard, that is another standard that does require a full variance and therefore action by the Planning Agency that being the City Council. It was moved by Councilmember Piercy and seconded by Councilmember Carroll to adopt the Resolution by title only, title as follows, approving Variance No. 98-5, subject to the conditions of approval contained in Exhibit "A" of the Resolution. RESOLUTION NO. 5026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 9.5, TABLE 9.5, TO ALLOW THE REDUCTION OF A REAR YARD OPEN AREA - VARIANCE NO. 98-5. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONDITIONAL USE PERMIT NO. 98-19, REQUEST TO CONSTRUCT A SPECULATIVE OFFICE/WAREHOUSE/DISTRIBUTION BUILDING~ LOCATED AT 5790 KATELLA AVENUE. The Acting City Manager asked Alice Angus, Acting Community Development Director to present the report which was a request by Cypress Land Company to construct a 70,000 square foot speculative office/warehouse/distribution building consisting of approximately 26,000 square feet of office area, and approximately 44,000 square feet of warehouse and distribution area. In accordance with the requirements of the California Environmental Quality Act (CEQA), an Initial Study/Environmental Checklist and Mitigated Negative Declaration were prepared for this development. 10 CITY COUNCIL MINUTES Ocl:ober 26, 1998 The proposed development meets the development standards as set for in the Warland/Cypress Business Center Specific Plan and the Cypress Zoning Code, and is consistent with the Cypress Land Development Agreement. Notices of the public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. Staff received comments from the Warland Investments Company regarding the screening of the loading dock area from their property to the west and the possible relocation of the driveway on Katella Avenue to provide for a shared driveway for both properties. The applicant has agreed to work with the Warland Investments Company to resolve the issues of screening and joint driveway access. Based on the analysis of the proposed building and its compatibility with surrounding uses, staff recommended approval of Conditional Use Permit No. 98-19, as conditioned. Councilmember Carroll asked if all the items mentioned were in compliance with the Development Agreement. Ms. Angus responded that in terms of the City's Building Code, which is based on the Uniform Building Code, it does respond to the latest technology in terms of seismic hazards. In regards to the environmental checklist and the mitigation measures, it does require that they do comply with the latest version of the Uniform Building Code. In answering to Mayor Pro Tem Keenan, Ms. Angus indicated that the parking requirements for office is generally 4 spaces per a 1,000 sq. ft., the warehouse distribution rate is lower than that and goes down as the size of that component goes up. The applicants, Mark Armbruster and Brian Harvey from Cypress Land Company, gave a brief presentation of the project. Mayor Jones asked where the truck traffic would enter from. The applicants indicated that Katella access would be right in and out only and there will also be access from Warland Drive. It is anticipated that the trucks will use both accesses mentioned. Mr. Christoffels mentioned that the street is wide enough to make right turns. Councilmember Carroll announced that he met with the developers previously. In responding to Councilmember Carroll, the applicants indicated that every building is upgraded to code. The City Council held further discussion which included concerns on potential traffic problems and access points. Addressing Mayor Pro Tem Keenan, Glen Lejoi, Senior Project Manager from RBF and Consultant on the environmental review, indicated that for noise assessments they look at construction related impacts, related to the City Municipal Code, long term noise impact in comparison to the original environmental clearance for the Specific Plan and also in comparison to the General Plan Environmental Impact Report. Basically the project is within those parameters in terms with traffic related impacts as well as the specifications from the Specific Plan Environmental Report. It was moved by Councilmember Carroll and seconded by Mayor Pro Tern Keenan to 1) adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and, 2) Adopt the Resolution by title only, title as follows, approving Conditional Use Permit NO. 98-19, With Conditions. RESOLUTION NO. 5027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 98-19 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 11 CITY COUNCIL MINUTES October 26, 1998 PUBLIC HEARING RELATING TO LAW ENFORCEMENT BLOCK GRANTS: FEDERAL GRANTS UNDER THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994". The City Manager asked the Police Chief to present the staff report which indicated that during the 1997 and 1998 legislative sessions, the Federal Government adopted legislation to provide "Block Grants" for law enforcement purposes. The process adopted by the legislation requires a public hearing to consider the expenditure of funds and to ensure the opportunity for public input. The Cypress Police Department has applied for two Local Law Enforcement Block Grants (LLEBG) made available by the Bureau of Justice Assistance (BJA), a bureau of the U.S. Department of Justice. The purpose of the item was to conclude the two remaining action steps necessary to obtain funding from this grant source which are 1) hold a public hearing seeking written and oral input on how the grant funds are to be spent; and 2) appropriation of funds for additional police overtime and replacement/purchase of Police Department weapon systems. Notice of the Public Hearing was posted and published in accordance with the provisions of the Cypress City Code. It was recommended that the City Council conduct a Public Hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Department intends to spend the funds from both grants. It was also recommended that the Council appropriate $40,764 to pay overtime costs incurred as authorized by the 199711998 Local Law Enforcement Block Grant, and $41,497 for the purchase of safety equipment as authorized by the 1998-99 Local Law Enforcement Block Grant. Councilmember Carroll asked if the Grant required a citizen board to review the potential uses for these funds and if we had such a board. The Police Chief indicated that the grant did require such a board and it was comprised of Cypress residents or those working in the Cypress schools. Mayor Pro Tem Keenan questioned the addendum submitted as part of the staff report. The Police Chief indicated that it was the complete list that was presented to the Committee. In response to Councilmember Bowman, the Police Chief indicated that there is a time constraint. It was moved by moved by Councilmember Bowman and Seconded by Councilmember Piercy to 1) conduct a Public Hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Department intends to spend the funds from both grants, 2) appropriate $40,764 from the unreserved fund balance of the General Fund to account number 4003-11-1 75-05 to pay overtime costs incurred as authorized by the 199711998 Local Law Enforcement Block Grant, and increase estimated revenue account 3525-11 (other grants) in the amount of $36,724, 3) appropriate $41,497 from the unreserved fund balance of the Equipment Replacement Fund to account number 4305-90-656-35 to purchase safety equipment as authorized by the 1998-1999 Local Law Enforcement Block Grant, and increase estimated revenue account 3525-11 (other grants) in the amount of $37,347 and approve the transfer of $41,497 from the General Fund unreserved fund balance to the Equipment Replacement Fund. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None NEW BUSINESS: REQUEST TO VACATE LOT A, TRACT 5940, SOUTHEAST CORNER OF DORSET DRIVE AND LEXINGTON STREET. The Acting City Manager asked the Public Works Director to present the item which presented Council with a request from Matthew Osman requesting that the City Council consider the vacation of a City owned landscaped area adjacent to his home. The applicant seeked to utilize this additional property to help meet lot coverage requirements for a room addition to his house. After reviewing the request, staff recommended that the City Council deny the request to vacate Lot A of Tract 5940. 12 CITY COUNCIL MINUTES Oc~:ober 26, 1998 The applicant, Matthew Osman gave a brief presentation of his request and provided pictures of the area in question to the City Council. Councilmember Carroll questioned if the area could be vacated with conditions that the applicant maintain the area to certain standards. The City Attorney replied that all we are doing is vacating the roadway easement, the underline title remains with the property and he didn't think it could be done. Councilmember Piercy asked about the brick wall. The applicant indicated that he was going to replace the existing block wall of the property with a structure that would be added to the house giving him the 10 ft. requirement. Councilmember Bowman commented that there has been other situations in the City where easement uses were granted to utility companies for a fee and he would not vote on giving up an easement for nothing. He also said that he does not recall giving up an easement. For the record the Public Works Director stated that since his 4 year tenure in the City, they have vacated two easements, one was 20 foot width of Orangewood, and the reason it was vacated, was that Orangewood was not going to be built to the ultimate width because there was no connection between the property and Orangewood. The second was an easement in the General Business Park that was utilized for sewer and storm drain purposes, that facility was abandoned and since the easement was no longer needed, it was vacated. In neither case, was any compensation received. At the request of the Mayor, Mr. Christoffels addressed Mayor Pro Tem Keenan's comment about another property having rights to an easement, by indicating that when the tract map came before the Council at that time, one developer had included it as part of the lot and in this case the developer reserved it for street purposes. It was an action taken when these tracts were developed. It was moved by Councilmember Piercy and seconded by Councilmember Bowman to deny without prejudice the request to vacate Lot A of Tract 5940. AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None APPROVAL OF CITY COUNCIL COMPENSATION INCREASE: The Acting City Manager presented the report which stated that pursuant to Government Code Section 36516 and further provided for in Section 2.3.3(a) of the Cypress City Code and the City Charter, the City Council is authorized to receive a 5% increase as a cost living adjustment whenever a Council Member(s) is elected and commences a new term of office. Staff recommended that the City Council approve the first reading of the Ordinance, which will increase the City Council compensation for the year 1997 by $26 to $5361month and an increase of $27 to $5631month for 1998, effective January 1, 1999, as provided for by the Cypress City Code and State Law. It was moved by Councilmember Carroll and seconded by Mayor Jones to approve the first reading of the Ordinance, which will increase the City Council compensation for the year 1997 by $26 to $536/month and an increase of $27 to $563/month for 1998, effective January 1,1999, as provided for by the Cypress City Code and State law. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOE~: 000UNOILMEMBER,~: None ABSENT: 0 COUNCILMEMBERS: None DISCUSSION REGARDING THE ORANGE COUNTY FIRE AUTHORITY MEMBERSHIP: Councilmember Carroll indicated that the Irvine City Council mentioned pulling out of the Orange County Fire Authority (OCFA). He felt that their intent was not very strong but recommended that a letter, drafted by staff, be sent to Irvine urging them to remain a member of the OCFA. CITY COUNCIL MINUTES October 26, 1998 It was moved by Councilmember Carroll and seconded by Councilmember Bowman to authorize the Mayor on behalf of the City Council to sign a letter urging the City of Irvine to remain a member of the Orange County Fire Authority. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Due to the lateness of the evening it was moved by Mayor Jones and seconded by Mayor Pro Tem Keenan to continue to the next meeting, items # 21 Adoption of Public Works Contract Change Order Policy, #22 Execution of Promissory Notes Between the City and the Redevelopment Agency, #23 A - Review of Restrictions Regarding Outside Employment of City Council Members and staff, and Item # 24 Execution of Promissory Notes Between the City and the Redevelopment Agency. It was moved by Mayor Pro Tem Keenan and seconded by Mayor Jones to approve the Commercial Warrant Lists for Warrants No. 34359 - 34598 in the amount of $1,048,000.81. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. None Presented CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. RECESS: Mayor Jones recessed the meeting at 12:30 a.m., to enable the City Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 12:33 a.m., with all Councilmembers present. ORAL COMMUNICATIONS: Louie Giampapa announced that he became a grandfather for the first time. Councilmember Bowman asked when the updated Building Code would be presented to Council for adoption. Ms. Angus, Acting Community Development Director indicated that she would look at a date and report back to Council. The City Attorney asked that all the written information provided during the public hearing of the zone change be provided to the City Clerk to be included in the public record. The City Attorney further asked staff to work with the applicants in the future so a copy of all information submitted be provided to the City Clerk for inclusion in the public record. WRITTEN COMMUNICATION: None presented. ADJOURNMENT. Mayor Jones adjourned the meeting at 12:35 a.m., to Monday, November 9, 1998 at 5:00 p.m., in the Emergency Operations Center (E.O.C.) at the Maintenance Yard, 5285 Cypress Street. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 14