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HomeMy WebLinkAboutMinutes 99-02-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 8, 1999 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday, February 8, 1999, in the Board ROOm, West Wing, City Hall, 5275 Orange Avenue, Cypress, with Mayor Keenan presiding. PRESENT: Councilmembers: ABSENT: None McCoy, McGill, Sondhi, Mayor Pro Tem Piercy and Mayor Keenan Also present were City Manager Ochenduszko, City Attorney Wynder, Staff members Angus, Liu, Mariscal, and Storey. WORKSHOP SESSION: REDISCOVER LINCOLN PROJECT IDENTIFICATION PROGRAM Alice Angus, Community Development Director presented the final poster signs previously approved by the City Council, to be put on Lincoln Avenue during construction. She also indicated that they have prepared signs that say "parking in the rear", available to most affected businesses along Lincoln Avenue. Ms. Angus presented design for the more prominent Rediscover Lincoln Avenue image. Landscape Architect Steve Smith was not able to be present but Ms. Angus indicated that he had a series of proposals prepared by two graphic artists. She went over the first component, which was a logo which could be incorporated into newsletters, letter head and to different pieces of marketing materials. She went over the second part which was a project recognition sign. The intention of this is to add two signs to two suitable places along the Lincoln Avenue Area. Ms. Angus presented two designs for banners to be placed along Lincoln Avenue and other designated areas in the City. She indicated that the purpose of the session was to receive input from Council as to the designs presented. After a lengthy discussion, the Council unanimously accepted the lettering and the concept of the project and appointed Councilmember Sondhi and Mayor Pro Tern Piercy to work with staff as a sub-committee, for the purpose of determining the art work for the Lincoln Avenue Project. They further requested that the final art work be presented to Council for review and adoption. RECESS: The Mayor recessed the meeting at 6:00 p.m., to enable the City Council to meet in the Council Chamber. The Mayor reconvened the meeting at 6:10 p.m., with all Councilmembers present. CLOSED SESSION: The meeting was immediately recessed to Closed Session for discussion of the agendized Liability Claims (Government Code Section 54956.95). 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by Cub Scout Pack 660. INVOCATION: The Invocation was given by Pastor Pedro Buford of the Calvary Chapel. IN REMEMBRANCE OF FORMER COUNCILMEMBER AND MAYOR ROBERT C. HARVEY: Mayor Keenan announced that the Meeting was scheduled to be adjourned in remembrance of Robert C. Harvey who passed away on January 27, 1999. Mr. Harvey served in the City Council from 1966 through 1977. He served as Mayor from 1967-68 and 1971-72. Robert Harvey also was a member of the Lions Club, Masonic Lodge, President of the Republican Central Committee of Orange County and served in the Cypress Planning Commission. He iS survived by his children and grandchildren. In honor of his memory, his family asked that donations be made to the Alzhelmer's Association. CITY COUNCIL MINUTES February 8, 1999 PRESENTATIONS: The Deputy City Clerk swore in the newly appointed Cultural Arts Commissioner Julian BlOom. Mayor Keenan presented Commissioner Bloom with the Certificate of Appointment. REPORT OF CLOSED SESSION/WORKSHOP AGENDA The City Manager reported that the City Council met in a workshop sesslon to review the Sign Identification Program for the Rediscover Lincoln Project. At that meeting, the City Council considered artistic designs for signs and banners for the program. The City Council appointed a Sub-Committee comprised by Mayor Pro Tern Piercy and Councilmember Sondhl to work with staff relative to the art work. The City Attorney reported that the City Council met in closed session pursuant to Government Code Section 54956.95 to consider three claims, the first by Harold D. COX, the second by John C. Sundin and the third by James Cammack. The Council unanimously directed that all three claims be rejected. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR (THREE MINUTES PER SPEAKER, SPEAKING ONCE) Sandra Montez, City's Representative to the Orange County vector Control District, spoke about the fire ants in the City of Cypress and asked, on behalf of the Vector Control, that the City adopt a Resolution supporting red fire ant control measures by the California Department of Food and Agricultural. She also encouraged the Council to support Senate Bill No. 204, that will appropriate funding to the Department of Food and Agricultural for the purpose of controlling and eradicating the red fire ants in Orange County. Mayor Keenan asked that a Resolution be presented to the City Council at the next Council Meeting. Alexandria Coronado, Cultural Arts Commissioner requested clarification and additional information of the Brown Act that relates to changing a Commission Meeting date. She also requested that a copy of the Commission Charter be provided to the Commission. The City Attorney explained that the Chair can not cancel a regularly scheduled meeting. He indicated that the meeting can be canceled only if there is an absence of a quorum and would provide additional information/guidance to the City Council and to the Commissions. CONSENT CALENDAR All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember MCGill pulled Item No. 1 and Mayor Keenan pulled Item No. 3. It was moved by Mayor Pro Tem approve the Consent Calendar Items I and No. 3. Piercy and seconded by Councilmember McGill to No. 1 through No. 9, with the exception of Item No. The Motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCOy, MCGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None o COUNCILMEMBERS: None ~tem No. 2: ~10tion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Proclaiming March 15-21, 1999, as "Save Your Vision Week". Recommendation: That the Mayor and City Council officially proclaim March 15-21, 1999, as "Save Your Vision Week" in the City of Cypress. Item No. 5: Approval of Amendment to the City's Position Classification Plan for the Positions of Planning Manager and Emergency Services Coordinator. CITY COUNCIL MINUTES February 8, 1999 Recommendation: That the City Council adopt 1) the job specifications for the regular full-time position of Planning Manager, and the regular part-time position of Emergency Services Coordinator; and 2) the Resolution, by title only, title as follows, amending the City's Position Classification plan. RESOLUTION NO. 5060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY REVISING THE JOB SPECIFICATION FOR CITY PLANNER WITH A JOB TITLE CHANGE TO PLANNING MANAGER AND ADDING THE JOB SPECIFICATION FOR THE POSITION OF EMERGENCY SERVICES COORDINATOR IN THE CITY'S POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Item No. 6: Authorizing for Attendance to National Association of Broadcasters Convention by the Video Production Coordinator and One Cable TV & Technology Commissioner. Recommendation: That the City council authorize out-of-State travel for the Video Production Coordinator and one Cable TV & Technology Commissioner to attend the National Association of Broadcasters exhibit show, to be held in LaS Vegas, Nevada, April 19-22, 1999, and be reimbursed for all actual and necessary expenses incurred. Recreation and Park District Matters: Item No. 7: Request for Waiver of Fees From Cypress High School Athletic Boosters for 1999 Cinco de Mayo Celebration (5/1/99), as Recommended by the Recreation and Community Services Commission on January 19, 1999. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the request for waiver of fees from Cypress High School Athletic Boosters for the 1999 Cinco de Mayor Celebration (5/1/99), as recommended by the Recreation and communlW services commission. Item NO. 8: Request for Waiver of Fees From Cypress Pops Orchestra for Fund-raiser to be Held at the Cypress Senior citizens Center on December 31, 1999, as Recommended by the Recreation and Community Services Commission on January 19, 1999. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the request for waiver of fees from Cypress Pops Orchestra for the fund-raiser to be held at the Cypress Senior Citizens Center on December 31, 1999, as recommended by the Recreation and Community Services Commission. Item No. 9: Approval of New Spring Activity Class, Introduction to Composting and Vermicomposting, as Recommended by the Recreation and Community Services Commission on January 19, 1999. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve this new contract class to be offered in the Spring 1999 activity brochure, as recommended by the Recreation and CommuniW Services Commission on January 19, 1999. Regarding Item No. 1: Approval of City Council Minutes of January 18, 1999 and January 25, 1999, Councilmember MCGill requested additional information on the presentation by Captain Brown from the OCFA, to be reflected in the minutes. Councilmember Sondhl asked for clarification of what the function of the minutes are and what level of detail needs to be done. The City Attorney indicated that the Municipal Clerks' Association defines minutes in three ways, action minutes, action minutes plus and verbatim minutes. Most citles dlrect their City Clerks to prepare action minutes, whose purpose is only to reflect the participation of individual members of the Council and the Community on issues and to reflect the action taken by the Council. The City Attorney sald that, in his view, Cypress minutes are action minutes plus. He stated that the level of detail of the minutes is up to the Council as a policy matter. It was moved by Councilmember MCGill and seconded by Councilmember McCoy to approve the Minutes of January 25, 1999 with additional information on the presentation made by Captain Brown of the Orange County Fire Authority and the Minutes of January 18, 1999 as submitted. The motion was unanimously carried by the following roll call vote: CITY COUNCIL MINUTES February 8, 1999 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: MCCOy, MCGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Mayor Keenan explained that he pulled Item No. 3: Request From the Los Alamitos Band Booster Club for a Waiver and Refund of Fees Associated With Temporary Use Permit No. 98-61, in error. He indicated that he wanted to pull Item No. 7 as he saw the applicants present. It was moved by Mayor Keenan and seconded by Councilmember McCov to grant the request to waive the application fee for Temporary Use Permit No. 98-61, and process a refund in the amount of $50.00, payable to the LOS Alamitos High School Jazz Band Boosters. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOV, McGill, Piercy, Sondhi and Keenan None None City Attorney wynder relayed that the Mayor could move to reconsider Item No. 7 as he was in the majority of the vote. The Mayor Indicated that he just wanted clarification in waiving fees for different events. Marvin DeCarlo, Director of Recreation and Parks said that there is no policy concerning waiving fees but fees have been waived in the past. END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL) Public Hearing Regarding Conditional Use Permit No. 98-17, Tentative Tract Map NO. 15696 and Variance NO. 98-8, A Request to Construct Nine (9) Detached Residential Units at 9122 Walker Street and 5522 Camp Street, in the PC Planned Community Zone (Lincoln Avenue Specific Plan: CM Commercial Mixed Use District). (Planning Issue): The Mayor opened the Public Hearing and asked the Community Development Director to present the report which represented a request by ROy Ward of Mertco Development Inc., to subdivide two properties into ten properties and develop nine detached residential units on the properties located at 9122 Walker Street and 5522 Camp Street, in the CM Commercial Mixed Use District of the Lincoln Avenue Specific Plan. The proposed project complies with the development standards of the PC Planned Community Zone and the Cypress Zoning Code, with the exception of the required distance between curbs and structures. The proposed tract map complies with the California Subdivision Map Act and the City of Cypress Subdivision Ordinance. The project is a request to construct nine detached residential units in conjunction with a tentative tract map that will subdivide the two properties into ten separate lots. The nine units will consist of slight variations of two main floor plans, all of which contain three bedrooms, a den and range in size from 1,613 square feet to 1,725 square feet in area. A two-car garage will be provided for each unit and nine open parking spaces will be provided on site. The development will contain a seven-foot high block wall along Walker Street and a six foot high block wall along the east property line. The applicant also requested the approval of Variance NO. 98-8 for a reduction in the distance between curbs and structures. Based on the analysis presented, staff recommended that the CiW council adopt the Mitigated Negative Declaration, De Minlmis Findings, and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA) and adopt Resolutions approving CUP No. 98-17, Tentative Tract Map No. 15696, and Variance NO. 98-8. Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. Staff was contacted by several property owners who felt that the proposed development is too dense for the subject site and will result in parking and traffic problems on ¢~mp Street. Councilmember Sondhi expressed concern on locations of Unit No. I and Unit No. 9 and Of their guest parking spaces. She commented that where the guest parking slots are, feasibly appropriate screening will be needed. Ms. Angus, Community Development Director, indicated that the guest parking spaces line up where the garages are and one way to address this would be to put some landscaping on the side yards of those units. It is also required, if there is a privacy issue, that the windows be changed to clear story windows or some type of permanent window covering to minimize any direct view from the second story on to the neighboring property. 4 CITY COUNCIL MINUTES February 8, 1999 In responding to Councilmember McCoy relative to a change in ownership, Ms. Angus replied that the Conditional Use Permit stays with the land and not with the property owner. The applicant, Rod Ward, informed Council that this is the third project that he has developed in Cypress. He indicated that they have no problems with staff's recommendations. Mr. Ward relayed that they held a meeting with residents within 300 ft. of the subject property area and received a majority of positive comments from them. The main concerns from the residents was the issue of street parking as they felt that an apartment complex type of development would increase street parking. Mr. Ward remarked that they have located all parking onslte. He commended staff for all their hard work. Councilmember McCoy asked if there will be a home association for this type of development. Mr. Ward said that the courtyard, planters on the front side of all the house will be maintained by a small mutual association of the home owners. Mr. Ward in responding to Councilmember Sondhl, indicated that they are going to install slump stone block on Walker Street and regular block for the properry's back walls. He explained that Unit No. 9 will have a walk through entrance to connect with the other properties. Mayor Keenan asked if anyone wished to speak in opposition or in favor of the project. No one spoke. Councilmember McGill expressed concerns that Unit No. 5 will not have ample space to back up without interfering with Unit No. 6 driveway. Ms. Angus indicated that the space does meet the minimum requirements. In responding to Mayor Keenan, MS. Angus replied that there is a fire gate along Walker Street and the project is not gated in terms of a gated community. Chief Hensley explained that the Police Department can issue citations to individuals parked on a no parking fire lane zone, regardless if it is a private community. Mayor Pro Tem Piercy commented that the proposed development is a well used space. Mayor Keenan concurred with Councilmember McGill that one less unit would address the limited space and parking spaces that the proposed development will offer. He said he is also concerned about the density. Mayor Pro Tem Piercy commented that people are willing to have less lot and closer proximity for a choice of location. Councilmember McCoy indicated that seeing that they have not received any negative concerns about the development he would vote in favor of the project. It was moved by Councilmember McCoy and seconded by Mayor Pro Tem Piercy to 1) Adopt the Mitigated Negative Declaration, De Minimis Findings, and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality ACt (CEQA); 2) Adopt the Resolutions by title only, titles as follows, approving Conditional Use Permit No. 98-17, subject to the Conditions in Exhibit "A", approving Tentative Tract Map No. 15696, subject to the Conditions in Exhibit "B", and approving Variance No. 98-8, subject to the conditions in Exhibit "C". RESOLUTION NO. 5061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 98-17 - WITH CONDITIONS. RESOLUTION NO. 5062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 15696 - WITH CONDITIONS. RESOLUTION NO. 5063 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 25.15.G TO ALLOW A REDUCTION IN THE WIDTH BETWEEN CURBS AND STRUCTURES - VARIANCE NO. 98-8. CITY COUNCIL MINUTES February 8, 1999 The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: MCCoV, Piercy and Sondhi 2 COUNCILMEMBERS: MCGill and Keenan 0 COUNCILMEMBERS: None NEW BUSINESS: Approval of City Council Member's Personal Information on the City's Homepage: Richard Storey, Director of Finance and Administrative Services, presented the item which represented a request to approve personal information of each City Council Member on the City's Homepage. When the City established it's Homepage on the Internet, it included a site for information on each City Council Member relating to their duties and assignments only. Personal information was not included in the Internet because of concerns that it would be regarded as "mass mailing" and, therefore, such information is prohibited under the Political Reform Act. The City has since requested a response from the California Falr Polltical Practices Commission on whether personal information is allowed on the Internet. Their conclusion was that "the Internet is not currently considered mass mailing" and, therefore, this type of information is allowed. Mr. Storey also noted that an Advice Letter was issued, whlch states that the Internet and other advances in technology may necessitate amendments to the ACt and/or its regulations in the near future. Staff suggested that the Council Members' biography be limited to one page, and that the information not advertise business or political activity. It was recommended that the City Council determine if they would approve personal information of each City Council Member on the City's Homepage and the criteria for such information. Mayor Keenan asked for clarification of advertising political activity. The City Attorney explained that the personal information of the Clty Council not be viewed as a political campaign tool of a member of the Council. Councilmember Sondhi suggested that Council provide biographical data to someone assigned to writing a biography with the same format so there could be some consistency. Mayor Pro Tern Piercy indicated that she would like the information to be short and to the point. She concurred with Councilmember Sondhl as to having a staff person prepare the Council's biography so they can all be consistent and have the same format. Councilmember McCoy commented that it is an excellent idea and concurred that there should be some uniformity. Councilmember McGill suggested the information be about 150 words and to include a picture. After a brief discussion it was moved by Councilmember McGill and seconded by Mayor Keenan to provide a biography of themselves to staff, for the purpose of developing a biography of each Councilmember in a uniform style. The biography will be limited so that it will not indicate political activity, party affiliation, party role or electioneering and that business can Include occupation, specific type of business but not the name of the employer when it is a private business but for public/semi-public organization it could. Staff to present the finalized biographies to Council for final review and adoption. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: MCCOV, MCGill, Plercv, Sondhi and Keenan. 0 COUNCILMEMBERS: None O COUNCILMEMBERS: None Appointment of Clty's Representative tO the orange County Council of Governments: The City Manager presented the item which stated that on December 14, 1998, Council Member Sondhi was appointed as the City's representative to the Orange County Council of Governments. Due to a conflict with the meeting time, Council Member Sondhi was unable to fulfill this commitment; therefore, the Mayor and City Council should proceed with the appointment of the City's representative to the Orange County Council of Governments. 6 CITY COUNCIL MINUTES February 8, 1999 The Mayor clarified that the CiW representative to the Orange County Council of Governments does not have a vote or a voice, unless they are appointed by the League of California Cities. The City Representatlve's responsibility would be to monitor activities that take place and is not required to attend the meetings unless there Is an issue of importance that would Impact the City of Cypress. Councilmember Sondhi explained that she was not completely informed of the representatlve's role on this organization. She indicated that after speaking with the Mayor about this issue, she suggested, since It wasn't a voting position, to review the minutes to see if there were any items that would impact or address Cypress, and if such, she would present it to the Council. The Council unanimously concurred that Councilmember Sondhi remain the CiW's representative to the Orange County Council of Governments. Approval of Commercial Warrant List for Warrants No. 35764- 36008. It was moved by Mayor Pro Tem Plercy and seconded by Councilmember McCoy to approve Commercial Warrant LiSt for Warrants No. 35764-36008 In the amount of $1,222,869.86. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: MCCOy, MCGill, Plercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council ACting as the Cypress Redevelopment Agency. Mayor Keenan indicated that the Council met at 5:30 p.m., to discuss the Rediscover Lincoln project Identification Program. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Councilmember McCoy reported that he and the City Manager attended an Orange County Fire Authority Meeting, wherein the committee received and filed the Equity Report and voted to implement a Study Working Group to review all issues raised regarding the Equity Study. In May-June, 1999 at a workshop, the Board of Directors will review the findings and conclusions by the Study Working Group. On June 24, 1999, the Board of Directors will consider the Equity Study Policy matters. Implementation of any changes that may result from the Equity Study will not occur until Fiscal Year 2000 and 2001. The City Manager added that the ciw Managers' Technical Advisory Committee has had discussions regarding who the representative from each of those cities will be. They have asked him to be the representative of the Cib/ Managers Group for the structural fire fund city that is a recipient ciW and have asked that Councilmember McCoy be the similar representative to this Board. Mayor pro Tem Piercy relayed that she attended an Orange County Sanitation Department Meeting. She reported that they are currently working on furthering the Strategic Plan and will be having a special workshop in early March to finalize the plan for the County. Councilmember MCGill reported that he attended an OCFA facility orientation. He said it was very informative. Councilmember Sondhi announced that she would be attending an Orange County Regional Airport Authority meeting scheduled for February 10, 1999 and would report at the next meeting. Mayor Keenan reported that Mayor Pro Tem Piercy and he attended an opening sesquicentennial exhibit at the Cypress Library. He also attended the SCAO Transportation Committee Meeting where they approved the study of the 101 Corridor. He attended an OCTA Board Meeting wherein they discussed the status of the County-wide Taxi Regulation Program. He will be attending an OCTA Meeting, February 22, for a public hearing on the fare increase proposed by the OCTA. CITY COUNCIL MINUTES February 8, 1999 ORAL COMMUNICATIONS: For Matters Not on the Agenda The Mayor commented that he had the pleasure of dropplng the first puck of Official League Play at the new roller hockey rink. He relayed that the La palma Mayor and Councilmembers were in attendance. The Mayor invited everyone to visit the roller hockey rink. Councilmember MCGill reported that Mayor Pro Tem Piercy and he attended an Eagle Court of Honor for Harry Henderson Allen Crowder asked what viewers are being targeted to view the Web Site. Mr. Storey indicated that the Web Site is another source of providing information to the residents. He said that currently there is information on frequently asked questions, Department locations and phone numbers and job specifications and current openings available. Councilmember Sondhi asked if the City is planning to have a counter to determlne how many viewers are accessing Cypress' site. Mr. Storey informed Council that they are currently working on that and should be on the web site very soon. Councilmember McGill announced that, on February 23 at 6:30 p.m., the Adult Day Care Task Force will be having a meeting and invited any interested individual to attend. WRITTEN COMMUNICATIONS: For Matters NOt on the Agenda None presented. ADJOURNMENT: Mayor Keenan adjourned the meeting, in memory of former Mayor/Councilmember Robert C. Harvey, at 9:01 p.m., to Tuesday, February 16, 1999, for a joint meeting with the Recreation & Community Services Commission, at 7:00 p.m., Multi- Purpose Room, Arnold Cypress Park, 8611 Watson Street, Cypress. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS