Minutes 98-11-23CITY COUNCIL MINUTES
CITY OF CYPRESS
November 23, 1998
Page
COMMENDATIONS--Adoption of Reso recognizing the Weaver Family as the t998 Family of the Year.
CITY COUNCIL MEMBERS--Dir staff to draft policy re future employment of City employees.
CUP NO. 98-20--Cont/PH to establish a Ryder truck rental facility, 5552~5592 Lincoln
CUP NO. 98-16--Adopt Ordinance approving develop agreement between the City & the Olson Co
FINANCE - MlSC--Authorization of promissory notes between the City & the Redevelopment Agency
FINANCE - MISC--RIF Invest. Report for 10198.
FINANCE- MISC--Accept 97-98 FY Annual Report For the Cypress Redev Agency
FINANCE--Apprv Corem Warrant lists for warrants # 34822-35002
LINCOLN AVE STREETSCAPE PROJ--Apprv. amendment to the contract for construction and
management & inspection/Approval of contract change order No. 1
NUISANCE ABATEMENT--Award of contract to City's current graffiti removal contract.
PERMITS - LIVE ENTERTAINMENT--Adopt Amended Ord. & Resoo establish fees
PROCLAMATIONS--Proclaim holiday months of 1998199 as "Buckle Up for Life Challenge"
PUBLIC WORKS~Adopt PW Contract Change Order Policy.
STREET IMPROVEMENT--Acceptance of 1997/98 resurfacing of residential streets, PW Proj No 9733
TRACTS--Adopt Reso. apprv Tent. Tract Map # 15754 (Gay & Denni)
TREE--Authorize removal of a parkway tree at 4322 Manchester Place
Authorize removal of a parkway tree at 9802 Juanita Street
VARIANCE--Adopt Reso approving Variance No. 98-7 for the Denni & Gay Streets development
WELLS--Apprv of the License Agreement for install & removal of wells @ VFW site at 10491 Moody St.
ZONING--Adopt Reso. adopt. General Plan Amendment No 98-4; apprv 1't rd of Ord & Zoning Code
Amend # 98-2, apprv 1't rd ofOrd & Zone Change No. 98-3.
ZONING MATTERS---Adopt Reso apprv DRC No. 98-42 to make modifica to office bldg. at 5790 Katella
Avenue
ZONING--Adopt Reso appr DRC # 98-41 - install bldg signs - Masterlube, 5971 Ball Rd.
ZONING--Adopt Reso appr. DRC # 98-40 to install a new sign for Sunrise Apartments at
9151 Grindlay St.
1&3
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7
4-5
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10
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2-3&4
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5-6
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4
3
6-7
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6-7
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7-8
4
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 23, 1998
The Regular Meeting of the Cypress City Council was called to order at 6:05 p.m., in the
Council Chambers, Monday, November 23, 1998, with Mayor Pro Tern Keenan presiding.
PRESENT:
ABSENT:
Bowman, Carroll, Keenan and Piercy
Jones
Also present were City Manager Ochenduszko, City Attorney Wynder, Staff members
Liu, Youssefieh and Workers Compensation Attorney Marshall Graves.
At the request of the City Attorney, the City Council unanimously authorized the inclusion
of an additional Closed Session item, titled Matthew J. Robinson v. the City of Cypress.
CLOSED SESSION:
The City Council entered into Closed Session at 6:07 p.m., to discuss the agendized item of
the Liability Claim, Almeyda v. City of Cypress, et al (Government Code Section 54956.9(a)
and Matthew J. Robinson v. the City of Cypress.
Mayor Jones arrived at 6:20 p.m.
7:00 P.M. SESSION
The meeting was called to order at 7:00 p.m., with all Councilmembers present.
Also present were City Manager Ochenduszko, City Attorney Wynder, and staff members
Angus, Christoffels, Storey, DeCarlo, Hensley, Llu and Marlscal.
PLEDGE OF ALLEGIANCE: The pledge was lead by Girl Scout Troop No. 1838
INVOCATION: BiShOp Douglas DeBurgh, of The Church of Jesus Christ of Latter-Day Saints,
1st Ward, gave the Invocation.
PRESENTATIONS:
Young Kim representing Congressman Ed Royce presented Mayor Jones, Councilmember
Bowman and Councilmember Carroll with Resolutions, In appreciation for thelr years of
service to the community.
Jaime Ross on behalf of Supervisor Jim Silva presented Resolutions to Mayor Jones,
Councilmember Bowman and Councilmember Carroll for their community service during
their terms.
Assemblyman Scott Baugh on behalf of himself and Senator ROSS Johnson presented
Resolutions commending Mayor Jones, Councilmember Bowman and Councilmember
Carroll for their outstanding service to the community.
Mayor Jones presented Certificates of Appreciation to Finance Review Committee
Members Norma Stein, Louie Glarepapa, Gary Prem, Deborah Strom and Dr. James Phillips.
Mayor Jones also presented a Resolution to the Weaver Family for being the 1998 Family
of the Year.
RECESS: The Mayor recessed the meeting at 7:39 p.m., and reconvened at 8:05 p.m., with
all Councilmembers present.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA
The City Attorney reported on the agendized item titled, Almeyda v. City of Cypress. The
City Attorney advised the Council that a settlement was reached in principal and accepted
by the plaintiff.
In addition, the City Council, staff and Workers Compensation Counsel discussed the
added Closed Session item titled, Matthew J. Robinson v. The City of Cypress.
CITY COUNCIL MINUTES November 23, 1998
After discussion of this item, the Council unanimously authorized the start of the
negotiating process.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR
Javier Godinez from the Cypress Police Department introduced Max Madrid from the
Community Service Program (CSP) in Irvine and Sgt. Jim Ross from the Marine Corp and
indicated that they have worked together on The Toys for Tots Program. Sgt. Jim Ross
thanked the City Council for their support on the Tovs for Tots Program. Max Madrid,
Director of Gang Prevention for CSP, provided Information about his organization and
invited the Council to attend a youth orientation in Santa Ana.
Chuck Hansen, representing the Lincoln Avenue Assoclation, spoke in support of the
Lincoln Avenue Specific Plan and encouraged the City Council to approve it. He also
invited the new Council to attend their meetings.
Mary Crowder spoke against removal of the trees on Lincoln Avenue.
DOn Wesling commended the City Council and commented that he would like the new
Council to provide the same Wpe of community service.
Councilmember Plercy thanked all the citizens who supported Measure C, which gives the
citizen the right to vote on a Planning Commission.
Councilmember Carroll announced that Mayor Pro Tern Keenan was elected as the Second
District Representative for the Orange CounW Transportation Authority.
Mayor Pro Tern Keenan Invited the Community to attend the Holiday Sing to be held on
December 11, 1998 at 7:00 p.m., In front of City Hall.
AWARD OF CONTRACTS:
AWARD OF A THREE YEAR EXTENSION TO THE CITY'S CURRENT GRAFFITI REMOVAL CONTRACT:
The City Manager asked the Public Works Director to present the item, which presented a
request to renew the graffiti contract with C.H. Painting. The current contract with C.H.
Painting expires on July 31, 1999, and they have offered to renew their contract for an
additional three year period from the explration date at the existing contract price.
C.H. Painting has provided outstanding service since entering into a contract with the City
in July 1997. It was recommended that the City Council approve a three year extension to
the current graffiti removal contract with C.H. Painting, 4333 West Aster, Upland,
California 91786, commencing August 1, 1999, and ending July 31, 2002.
In responding to Councilmember Carroll about comparing service with other agencies,
Mr. Chrlstoffels indicated that their department did compare services and references but
they were not as favorable as C.H. Painting.
It was moved by Councilmember Piercy and seconded by Councilmember Carroll to
approve a three year extension to the current graffiti removal contract with C.H.
Painting, 433 West Aster, Upland, California 91786, commencing August 1, 1999, and
ending July 31, 2002. The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy
and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
AMENDMENT TO THE CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE
LINCOLN AVENUE STREETSCAPE PROJECT, PUBLIC WORKS PROJECT NO. 9805: The Public Works
Director presented the item, which presented a request to amend Willdan's contract to
provide survey services in an amount not to exceed $39,000. AS part of the Lincoln
Avenue Streetscape project, a contract was awarded to Willdan Associates for
construction manager and project inspector services. The construction contract requlres
that the contractor (Hillcrest Contracting) provide all necessary construction surveying for
the project. The contractor's surveyor was having difficulty interpreting the plans and
demanding additional information that would be very time consuming for the City and
the project architect to provide. To alleviate this problem, the contractor suggested that
the City provide all construction surveying and if this was done offered to credit the City
in the amount of $39,000.
Since City staff is not set up to provide construction surveying services for this large of a
project, Willdan Associates was asked if they could provide the required survey for the
credit amount being offered by the contractor.
CITY COUNCIL MINUTES November 23, 1998
It was recommended that the City Council amend the City's Lincoln Avenue Streetscape
Project construction management and inspection contract with Willdan Associates to
include all requlred construction survey in an amount not to exceed $39,000.
After brief discussion by the City Council, it was moved by Councilmember Bowman and
seconded by Mayor Pro Tern Keenan to amend the City's Lincoln Avenue Streetscape
Project construction management and Inspection contract with Willdan Associates to
include all required construction survey In an amount not to exceed $39,000. The motion
was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy
and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
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
recommendatlons listed on the Agenda.
It was moved by Councilmember Bowman and seconded by Mayor Pro Tern Keenan to
approve Consent Calendar Items No. 3 through 13. The motion was unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Plercy
and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 3: MOtion tO Approve City Council Mlnutes of November 9, 1998.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
November 9, 1998, as submitted.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for consideration by Title Only and to Waive Further Reading.
Item NO. 5: Acceptance of 1997-98 Resurfacing of Residential Streets, Public Works Project
NO. 9733.
Recommendation: That the City Council: 1) ACCept the project for Resurfaclng of
Residential Streets, Public Works Project No. 9733, as being satisfactorily completed in
conformance with the project specifications, in the final amount of $432,878.04; 2)
Approve the final retention payment of $44,009.76, to Sequel Contractors, Inc., 12240 S.
Woodruff Avenue, Downey, CA 90241, 35 days after the Notice of Completion is filed, if
no claims or objections have been filed, and upon the Director of Public Works'
concurrence; and 3) Authorlze the CiW Clerk to release the Labor and Materials Bond and
the Faithful Performance Bond upon expiration of the required lien period, if no claims
or objections have been filed, upon concurrence of the Director of Public Works.
Item NO 6: Approval of License Agreement for Groundwater Monitoring Wells at Veterans
of Foreign Wars Site.
Recommendation: That the City Council approve the License Agreement for installation
and removal of up to four groundwater monitoring wells at the VFVV site, located at
10491 Moody Street, and authorize the City Manager to sign the Agreement.
Item NO. 7: AdOption Of Resolution Recognizing the Weaver Family as the 1998 Family of
the .Year.
Recommendation:
That the City Council adopt the Resolution by title only, title as follows, recognizing the
Weaver Family as the 1998 Family of the Year.
RESOLUTION NO. 5035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE WEAVER
FAMILY AS THE 1998 FAMILY OF THE YEAR.
CITY COUNCIL MINUTES November 23, 1998
Item NO. 8: Review of Investment Report for the Month of October 1998.
Recommendation: Receive and file
Item No. 9: Approval of Design Review Committee Permits NO. 98-40, Request to Install a
NeW Freestanding Sign for Cypress Sunrise Apartments, Located at 9151 Grindlay Street,
and NO. 98-41, Request to Install Building Signs for Masterlube, Located at 5971 Ball Road.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, approving Design Review Committee Permits NO. 98-40 and No. 98-41, subject to
the conditions attached as Exhibit "A".
RESOLUTION NO. 5036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE PERMIT NO. 98-40 - WITH CONDITIONS.
RESOLUTION NO. 5037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE PERMIT NO. 98-41 - WITH CONDITIONS.
Item NO. 10: Approval of Deslgn Review Committee Permit No. 98-42, Request to Make
Minor Modifications to the Recently Approved Speculative office/Warehouse/Distribution
Building, Located at 5790 Katella Avenue.
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 Permit No. 98-42, subject tot he conditions in Exhibit "A".
RESOLUTION NO. 5038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW
COMMITTEE PERMIT NO. 98-42 - WITH CONDITIONS.
Item No. 11: Approval of Contract Change Order No. 1, for the Lincoln Avenue
Streetscape, Public Works Project NO. 9805.
Recommendation: That the City Council approve Contract Change Order NO. 1, for the
Lincoln Avenue Streetscape Project, Public Works ProJect No. 9805, to Hillcrest
Contracting, Inc., 1467 Circle City Drive, Corona, CA 91719, in the amount of $113,870.
Item NO. 12: Continuation of Adoption of Public Works Contract Change Order Policy.
Recommendation: That the City Councll adopt the Administrative Policy titled, "Public
Works Contract Change Order Policy.
Item No. 15: Proclaiming the Remaining HOliday MOnthS Of 1998 and all of 1999 as "Buckle
Up for Life Challenge".
Recommendation: That the Mayor and City Council officially proclaim the Remaining
Holiday Months of 1998 and all of 1999 as "Buckle Up for Life Challenge".
END OF CONSENT CALENDAR
ORDINANCES (Second Reading):
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DEVELOPMENT AGREEMENT NO. 98-I BETWEEN THE CITY OF CYPRESS AND THE
OLSON COMPANY: The CitY Manager stated that staff recommends approval of the second
reading of the Ordinance.
Councilmember Carroll asked staff to explain Item No. 17, in the Development Agreement
relating to discussing lenders' rights. The City Attorney indicated that this was designed
to facilitate the financing of the project and assures the City's cooperation in that
process. Mayor Jones added that it is also mentioned in said sectlon that in the event the
Developer defaults on their loan the lender will have the rights to the land. The City
Attorney concurred.
In responding to Councilmember Piercy's question about the legal description mentioned
in section B, in the Development Agreement, under the recitals, the City Manager
indicated that a legal description was provided as part of the agreement and serves as
the actual description of the property.
4
CITY COUNCIL MINUTES November 23, 1998
The City Attorney stated that the Ordinance needs to be amended to clarify that the
Olson Company Is a California Corporation, which is consistent with the way It is Indicated
in the Development Agreement.
It was moved by Mayor Pro Tern Keenan and seconded by Councilmember Carroll to order
the following Ordinance read by title only, title as follows, approving Development
Agreement No. 98-1 between the City of Cypress and the Olson Company with the
amendment to the Ordinance to clarify that the Olson Company is a California
Corporation.
ORDINANCE NO. 981
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DEVELOPMENT
AGREEMENT NO. 98-1 BETWEEN THE CITY OF CYPRESS AND THE OLSON COMPANY.
The motion was carded by the following roll call vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Bowman
0 COUNCILMEMBERS: None
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF PUBLIC HEARING RE: PROPOSED REVISIONS TO CYPRESS LIVE
ENTERTAINMENT ORDINANCE: The Mayor reopened the public hearing and asked staff to
present the report. The City Attorney stated that he was assigned to look at certain
ordinances in the City and go through the customary process of reviewing them and
updating them. The City Attorney presented the Ordinance with revisions discussed by
Council at a previous meeting. The City Attorney recommended implementation of six
changes to the Ordinance, all of which were detailed in the staff report and that the
Ordinance be Introduced for first reading. NOtices of this public hearing were properly
handled. Councilmember Bowman asked staff to explain section 26, on page 9, of the
Ordinance, where It talks about the exceptions.
The City Attorney explained that the purpose of that exception of the rule Is to provide
for those Individuals who have Live Entertainment Permits existing at that tlme, an
amortizing period, by which they will be legal nonconforming uses for the period of time
specified In said section. The City Attorney further said that for existing facilities it
becomes a permanently legal nonconforming use with respect to parklng requirements.
After brief dlscusslon by the Council and the City Attorney, relating to exempting the City
from Section 9.8 Paragraph "e" relating to security guard requirement, Mayor Pro Tern
Keenan suggested to include as part of the Ordinance, language that would prohibit
security guards to act as flyer distributors.
The Mayor asked if anyone wished to speak in support or in opposition. NO one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
close the public hearing and Introduce the Ordinance, by title only, title as follows,
amending Chapter 9 of the Cypress Municipal Code Relating to Live Entertainment and
Section 14.2 of Appendix I, of the Cypress Municipal Code, relating to parking
requirements for live entertainment uses and with the amendment to the Ordinance
relating to a security guard not acting as a flyer distributor and adopt the Resolution by
title only, title as follows, establishing the Application Fee for live entertainment permits.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
CHAPTER 9 OF THE CYPRESS MUNICIPAL CODE, RELATING TO LIVE ENTERTAINMENT AND SECTION
14.2 OF APPENDIX 1 OF THE CYPRESS MUNICIPAL CODE, RELATING TO PARKING REQUIREMENTS
FOR LIVE ENTERTAINMENT USES.
RESOLUTION NO. 5039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE PERMIT FEE
FOR LIVE ENTERTAINMENT PERMITS.
The motion was unanimously carried by the following roll call vote:
5
CITY COUNCIL MINUTES November 23, 1998
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, PIercy
and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
PUBLIC HEARING RE: VARIANCE NO. 98-7, ELIMINATION OF THE REQUIREMENT FOR OPEN SPACE
WITHIN THE RS-5,000. SMALL .LOT SINGLE-FAMILY RESIDENTIAL ZONE, AND APPROVAL OF
TENTATIVE TRACT MAP NO. 15754, FOR THE PROPERTIES LOCATED AT 8212, 8232, 8242, 8272,
AND 8282 GAY STREET AND THE TRIANGULAR-SHAPED PARCEL AT THE END OF THE EAST SIDE OF
DENNI STREET: The Mayor opened the Public Hearing and asked staff to present the
report. The acting Community Development Director presented the report, which
represented a request by The Olson Company for a variance from Section 9.29.A.7 of the
Cypress Zoning Code to eliminate the requirement for common recreational open space
for a thirty (30) unit residential project, located at the north end of Gay and Dennl Streets.
Staff reviewed the proposal and felt that the required findings to approve this variance
could be made. In addition, staff reviewed the Tentative Tract Map and found that it
complies with the Cypress Zoning Code and Subdivision Ordinance.
Staff recommended that the City Council adopt the Resolutions for approval of variance
No. 98-7 and Tentative Tract Map NO. 15754, subject to the conditions in Exhibit "A".
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.
Councilmember Bowman announced that he was abstaining and left the dais.
Kim Willauer, from The Olson Company indicated that they did not have any comments
but was available for questions.
Mayor Jones asked if anyone wished to speak in opposition or in support of the item.
Chuck Greenberg, retired land use speclallst Attorney, who resides in the City of Long
Beach, spoke in opposition of the project and indicated that there are inadequacies in
the Negative Declaration. Mr. Greenberg also asked when the NOtice of Determination
was filed.
MS. Angus indicated that they looked at the previous Environmental Report that was
done when the project first came before Council, while the description is not 100% what
the project is now, staff felt that it adequately covered the impacts associated with the
project.
The City Attorney added that the environmental analysis undertaken in the Mitigated
Negative Declaration studied a more intensive and concentrated development.
Mr. Wynder stated that in terms of the Clty's Environmental Review it did the ideal thing,
it studied that most intensive development at the earliest opportunity and staff Is
comfortable with the Environmental Analysis.
The Mayor asked staff to make available to Mr. Greenberg information as to when the
Notice of Determination was filed.
Mayor Pro Tern Keenan asked for final square footage of lots that were amortized with
the proposed park's land. MS. Angus responded that they are just over 6,000 sq. ft. each.
It was moved by Councilmember Carroll and seconded by Mayor Jones to adopt the
Resolution by title only, title as follows, for approval of variance No. 98-7 and Tentative
Tract Map NO. 15754, subject to the conditions listed as exhibit A.
RESOLUTION NO. 5040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM
THE TERMS OF THE ZONING ORDINANCE OF TFIE CITY OF CYPRESS, SI~CTION g.2g.A.7 TO
ELIMINATE THE REQUIREMENT FOR COMMON RECREATIONAL OPEN SPACE FOR THE OLSON
COMPANY DEVELOPMENT AT THE NORTH END OF GAY AND DENNI STREETS - VARIANCE NO. 98-7.
RESOLUTION NO. 5041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT
MAP NO. 15754 WITH CONDITIONS.
The motion was carried by the following roll call vote:
CITY COUNCIL MINUTES November 23, 1998
AYES:
NOES:
ABSTENTION:
ABSENT:
4 COUNCILMEMBERS: Carroll, Keenan, Pierc¥ and Jones
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Bowman
0 COUNCILMEMBERS: None
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-20 TO ESTABLISH A
RYDER TRUCK RENTAL FACILITY, 5552/5592 LINCOLN AVENUE: The Mayor stated that staff
received a request from the applicant to continue the Item to a future Council meeting,
to allow them time to resolve Issues regarding the proposed use. The Mavor continued
the Item to the December 14, 1998 Councll Meeting.
CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 98-4, ZONE CHANGE
NO. 98-3, WHICH INCLUDES THE LINCOLN AVENUE SPECIFIC PLAN, AND ZONING CODE
AMENDMENT NO. 98-2: Mayor Jones reopened the public hearing and asked staff to
present the report. Alice Angus, Acting Community Development Director indicated that
this item was continued from the November 9, 1998 City Council Meeting, to allow
additional time for public review and also to allow staff to report back on some issues
that were raised at that meeting. At the November 9, 1998 City Council Meeting,
Councilmembers requested a couple of minor corrections be made to the Lincoln Avenue
Specific Plan document. The Lincoln Avenue Specific Plan will be corrected to reflect the
correct spelling of committee member names; the lot Ilne depicting the boundary
between the vacant lot at the northeast corner of Lincoln and Watson and 8932 Watson
will be added to the area and land use maps; and the clause "above ground floor
commercial or office uses" will be deleted from the text as it relates to residential use
within the Commercial Mixed Use district. The City Council requested that staff provide
further Information relating to the appropriate boundary between the Downtown
District and the Industrial Light District north of Lincoln Avenue in the vicinity of Watson
Street; grandfatherlng of nonconforming uses; types and density of residential
development to be considered within the Commercial Mixed Use DiStrict; and
consideration of interim uses. Notlces of the public hearing were published and mailed
to the owners of all properties and businesses within the Lincoln Avenue Specific Plan
area prior to the November 9, 1998 commencement of the public hearing on this Item.
No additional communication was received beyond that presented at the November 9,
1998 City Council Meeting. Based on the analvsis presented in the report, staff
recommended that the City Council take the following actions:
1) Adopt a finding of DeMinimis Impact, approve the Negative Declaration and
Mitigation Monitoring Program and direct staff to file a Notice of
Determination,
2) Adopt the Resolution for approval of General Plan Amendment No. 98-4
pending Zoning Code Amendment No. 98-2 becoming effective,
3) Give first reading to the Ordinance for approval of Zoning Code Amendment
NO. 98-2, and
4) Give first reading to the Ordinance for approval of Zone Change NO. 98-3, which
includes adoption of the Lincoln Avenue Specific Plan.
In responding to Councilmember Bowman about how staff is going to handle requests
for other uses not allowed in the Specific Plan, Ms. Angus indicated that it would be
handled the same way that it is currently handled.
Ms. Angus, at the request of Councilmember Bowman, clarified the grandlathering clause.
Councilmember Bowman remarked that his understanding ls that If there is a continuous
use of that property even upon the sale or transfer of the property, the use will travel
with the property and not with the ownership of the property. MS. Angus and the City
AL~orney concurred.
In responding to Councilmember Carroll about the abatement process and how It would
affect property at 8932 Watson, MS. Angus said that the Specific Plan is a document under
the guides of the General Plan that goes to another level of detail and even a more
specific level than our Zoning Code. It also refers back to zoning codes previslons which
has a section that talks about when uses become nonconforming and what rights those
uses and land owners have. It also se~s up an abatement schedule. The abatement
schedule deals with properties that are zoned residential, commercial and industrial. It
does not specificallv address properties zoned planned community. Therefore, staff did
not feel that the schedule presented by the A~corney representing Sandra Crooks, owner
of property on Watson St., applies as part of the Specific Plan.
Ms. Angus Indicated that If the use continues as legal nonconforming and continues to
operate in a manner wherebv it's not found to be a nuisance, that continuous use has no
particular abatement schedule.
CITY COUNCIL MINUTES November 23, 1998
The City Attorney indicated that under the language that staff is proposing, as long as
this property Is operated at the current use that It Is operated now, the property can
continue in that use In perpetuity.
Mayor Jones asked if anyone wished to speak in support or in opposltlon to the project.
David Adelman, ESq., from Greenberg & Bass, LLP, representing Sandra Crooks, buslness
owner of Crooks Truck and Equipment Rental at 8932 Watson, in the City of Cypress,
thanked staff for the efforts to address his cllent's problem but spoke against the zoning
Ordinance proposed under the General Plan as it would change his cllent's property zone
to down town.
Jeffrey Lee representing property at 4801 Lincoln Avenue stated that he does not oppose
the project and requested more time to study the effects that a zone change would have
on his property.
Councilmember Bowman asked if the proposed use adds residential uses and changes any
existing commercial uses. Ms. Angus stated that the mixed use in the Specific Plan is
more restrictive in terms of commercial uses, It would allow less intensive commercial
uses, for example, automotive related uses would not be allowed even with a Conditional
Use Permit.
At the request of the Mayor, Ms. Angus went over the proposed zoning uses for 4801
Lincoln Avenue listed on the Specific Plan. MS. Angus indicated that in the residential
mixed use, medium and higher density are allowed subject to a Conditional Use Permit.
Mayor Jones asked the City Attorney to meet wlth Mr. Adelman, Attorney representing
Sandra Crooks of Crooks Truck and Equipment Rental, 8932 Watson, to address language
requested by Mr. Adelman to assure that there will be no abatement process.
It was moved bv Councilmember Carroll and seconded by Mayor Pro Tern Keenan to close
the public hearing and 1) Adopt a finding of DeMlnlmis Impact, approve the Negative
Declaration and Mitigation Monitoring Program and direct staff to file a Notice of
Determination, 2) Adopt Resolution by title only, title as follows, approving General Plan
Amendment NO. 98-4 pending Zoning Code Amendment NO. 98-2 becoming effective, 3)
Give first reading to Ordinance approving Zoning Code Amendment NO. 98-2, and 4) Give
first reading to Ordinance approving Zone Change NO. 98-3, which includes adoption of
the Lincoln Avenue Specific Plan.
RESOLUTION NO. 5042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN
AMENDMENT NO. 98-4, AMENDING THE BOUNDARY OF THE LINCOLN AVENUE SPECIFIC PLAN
AREA AND AMENDING THE TEXT REGARDING THE LAND USE DESIGNATION FOR THIS AREA
CONSISTENT WITH THE LINCOLN AVENUE SPECIFIC PLAN.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
APPENDIX I OF THE CYPRESS ZONING CODE, AMENDMENT NO. 98-2 OF THE CYPRESS MUNICIPAL
CODE, BY DELETING SECTION 17.1 PERTAINING TO THE LC LINCOLN AVENUE OVERLAY ZONE AND
BY DELETING SECTION 35.68 PERTAINING TO RESTRICTIONS ON AMENDMENTS FROM
MANUFACTURING TO RESIDENTIAL.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING ZONE
CHANGE NO. 98-5, CHANGING THE ZONING OF PROPERTIES WITHIN THE LINCOLN AVENUE
SPECIFIC PLAN AREA FROM THE EXISTING INDIVIDUAL ZONING DESIGNATIONS TO PC PLANNED
COMMUNITY DEVELOPMENT, AND ADOPTING THE LINCOLN AVENUE SPECIFIC PLAN AS THE
OFFICIAL ZONING FOR THIS AREA.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
DEFERRED BUSINESS:
8
CITY COUNCIL MINUTES November 23, 1998
CONTINUATION OF EXECUTION OF PROMISSORY NOTES BETWEEN THE CITY AND THE
REDEVELOPMENT AGENCY. The CIty Manager asked Richard Storey, Finance and
Administrative Director to present the item which was a request to execute three
Promissory Notes between the City and the Redevelopment Agency. The first Promissory
NOte Is between the Redevelopment Agency and the Lighting District. Due tO a prior
note maturing in the amount of $2.0 million, it was recommended that the note be rolled
over for an additional two year period at the same interest rate (5% paid annually). The
second Note is for the LOS Alamitos Race Track and Golf Course Project Area. The Race
Track has a deficit fund balance caused by the net tax increment.
Staff recommended an additional note between the City's General Fund and the
Redevelopment Agency (LOs Alamltos Race Track and Golf course Project Area) in the
amount of $500,000 for two years at an Interest rate of LAIF+ 0.5%.
ALSO, the Lincoln Avenue Project Area will need funds to support the Lincoln Avenue
Streetscape Project and future economic assistance. Staff recommended an additional
note between the Clty's General Fund and the Redevelopment Agency (Lincoln Avenue
Project Area) in the amount of $1,600,000 for five years at an interest rate of LAIF+ 0.5%.
It was recommended that the City Council on behalf of the City and the Redevelopment
Agency Board authorize staff to execute the Repayment Agreement and the three
Promissory Notes in the amount of $4,100,000 with the City of Cypress and the Cypress
Lighting District No. 2, with the repayment by the Agency to be made from future tax
increment or other sources from the referenced Project Areas.
FollOwing a brief discussion, it was moved by Mayor Pro Tern Keenan and seconded by
Mayor Jones to authorize staff to execute the Repayment Agreement and the three
Promissory Notes In the amount of $4,100,000 with the City of Cypress and the Cypress
Lighting District NO. 2, with the repayment by the Agency to be made from future tax
increment or other sources from the referenced Project Areas. The motion carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Carroll
CONTINUATION OF REVIEW OF RESTRICTIONS REGARDING OUTSIDE EMPLOYMENT OF CITY
COUNCIL MEMBERS AND EXECUTIVE STAFF:.
The City Manager asked Assistant to the City Manager June Liu to present the report
which was a request by Councilmember Carroll, for information regarding the restrictions
for employment after leaving office as a member of the Cypress City Council and for
employment after serving as a member of City's executive staff. It was recommended
that the City Council review and discuss alternatives presented and provide policy
direction.
councilmember Carroll suggested considering alternative number one on the staff
report, which would direct staff to draft a policy which addresses the issue of future
employment of City employees. He also said that he would like staff to use San Diego as a
model in drafting the policy.
Mayor Pro Tern Keenan commented that San Diego's policy iS a good example for staff to
follow in drafting a document to address City employees.
Mayor Jones agreed that a document would be a benefit as employees will know what
standards they are held accountable to.
Councilmember Bowman remarked that the document has to clarify, spell out and list
examples of the definition of "doing business with" or "association with".
Councilmember Piercv indicated that since additional information was requested she
would consider alternative number three, which would request additional information
and ~ report ~t a future Council Meeting.
It was moved by Mayor Pro Tern Keenan and seconded by Mayor Jones to direct staff to
draft a policy which addresses the issue of future employment of City employees. The
motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Jones
1 COUNCILMEMBERS: Plercy
0 COUNCILMEMBERS: None
CITY COUNCIL MINUTES November 23, 1998
NEW BUSINESS
RECONSIDERATION OF REQUEST TO REMOVE A PARKWAY TREE AT 4322 MANCHESTER PLACE'
The Public Works Director presented the report which was a request for reconsideration
to remove a parkway tree at 4322 Manchester Place.
In responding to Councilmember Bowman's question, Mr. Christoffels indicated that the
tree is not on the City's approved list.
Councilmember Carroll commented that thls was previously denied and dld not feel that
anv facts had changed to consider removal.
Mayor Jones stated that the subject tree ls not an approved tree in the City and it creates
a problem.
Councilmember Plercy commented that the droppings of the tree are only seasonal and
would not approve the destruction of a tree only because it creates debris.
It was moved to by Mayor Jones and seconded by Mayor Pro Tem Keenan to authorize the
removal of a parkway tree at 4322 Manchester Place. The motion carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Bowman, Keenan and Jones
2 COUNCILMEMBERS: Carroll, and Piercv
0 COUNCILMEMBERS: None
REQUEST TO REMOVE A PARKWAY TREE AT 9802 JUANITA STREET:
Mr. Christoffels, Director of Public Works presented the report, which presented a request
by Mrs. Connie McClellan to remove a parkway tree at 9802 JuanIra Street. The tree
caused minor sidewalk damage that was repaired on November 3, 1998. It also damaged
the adjacent curb which staff has removed and Is in the process of replacing.
In answering questions by the City Council, Mr. Christoffels Indicated that the subject tree
is a Magnolia tree and it is not on the City's approved trees. He also said that repalrs
would have to be done again, possibly in seven years, and the tree would eventually have
to be removed.
After a brief discussion by Council, it was moved by Mayor Jones and seconded by Mayor
Pro Tern Keenan to authorize the removal of the parkway tree located at 9802 Juanira
Street. The motion carried bv the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Bowman, Keenan and Jones
2 COUNCILMEMBERS: Carroll and Plercy
0 COUNCILMEMBERS: None
ACCEPTANCE OF FISCAL YEAR (FY) 1997-98 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT
AGENCY: Javier Mariscal, Redevelopment and Economic Development Manager presented
the repor~ which requested the CC's acceptance of the 1997-98 FY for the Cypress
Redevelopment Agency Annual Report.
California Health and Safety Code Section 22080 et seq: requires that every
redevelopment agency file an Annual Report with the legislative body (City Council) and
the California State Department of Housing and Community Development (HCD) within six
(6) months of the end of the fiscal year. Since the document is to report on the Agency
status for Fiscal Year 1997-1998, the information provided wlthln the document
represents the Redevelopment Agency activities as they existed as of June 30, 1998. Staff
recommended that the City Council accept and order filed the FiSCal Year 1997-1998
Annual Report of the Cypress Redevelopment Agency with the State Department of
Housing and Community Development by December 31, 1998.
It was moved by Councilmember Carroll and seconded bv MaVOr Jones to accept and
order filed the Fiscal Year 1997-1998 Annual Report of the Cypress Redevelopment Agency
with the State Department of Houslng and Community Development bv December 31,
1998. The motion carried bv the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Bowman
10
CITY COUNCIL MINUTES November 23, 1998
APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 34822 - 35002.
It was moved by Councilmember Carroll and seconded by Mayor Pro Tem Keenan to
approve the Commercial Warrant LiStS for Warrants NO. 34822 - 35002 in the amount of
$1,105.499.15. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Bowman
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 10:09 p.m., to enable the City Council to act
as the Cypress Redevelopment Agency.
The meeting reconvened at 10:21 p.m., with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters NOt on the Agenda
Mayor Jones asked if the bar on Denni is open.
Mary Crowder talked about teens selling candy without a business license.
The Police Chief indicated that he will assure that staff respond to calls about people
soliciting without permits.
Mayor Pro Tern Keenan asked the City Attorney if a recent skate park sub-committee
appointed by the Parks and Recreation Commission, to determine a site for a future skate
park, falls under Measure C. The City Attorney indicated that he would get back to
Council on that matter as he wasn't certain.
Mayor Pro Tern Keenan asked staff to agendize a workshop on the City's Tree Policy, to
serve as an orientation to the new City Councilmembers.
Councilmember Carroll questioned if the parkway area is owned by the City.
Councilmember Bowman indicated that the area is owned by property owners but the
City has an easement over it.
WRITTEN COMMUNICATIONS: For Matters NOt on the Agenda
None presented.
ADJOURNMENT: Mayor Jones adjourned the meeting at 10:34 p.m., to Monday, December
14 at 7:00 p.m., in the Council Chambers.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
11