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Minutes 99-03-15MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 15, 1999 The Adjourned Regular Meeting of the Cypress City Council was called to order at 6:05 p.m., Monday, March 15, 1999, in the Executive Board Room, Cypress, with Mayor Keenan presiding. PRESENT: ABSENT: Councilmembers: McCoy, McGIII, Sondhi, Mayor Pro Tem Piercy and Mayor Keenan None Also present were City Manager Ochenduszko, staff members Angus, Christoffels and Liu. The City Manager requested to add an urgency item as it needed to be resolved with the other agendized items. It was moved by Mayor Pro Tem Piercy and seconded by Councilmember McCoy to add Item No. 3 Settlement Agreement with the SON Group. The motion was unanimously carried. PUBLIC HEARING: Public Hearing Re: Amendments to Conditional Use Permit No. 98-16, Tentative Tract Map No. 15754, and Development Aareement No. 98-1, for the Olson Company Thirty (30) Unit Residential Development, Located at the North End of Gay and Denni Streets: Mayor Keenan opened the Public Hearing and asked the Community Development Director to present the report. Ms. Angus, Community Development Director, indicated that recent negotiations regarding the Olson Company's proposed thirty (30) unit single-family residential development, located at the north end of Gay and Denni Streets, have resulted in the submittal of a revised project requiring modifications to the Conditional Use Permit, Tentative Tract Map, and the Development Agreement approved for the project. The modifications to the Conditional Use Permit and Tentative Tract Map include, 1 )a reduction in the width of the private street at the north end of the development from thirty two feet to twenty feet, 2) an increase in the rear yard setback, from fifteen feet up to thirty feet for the homes located adjacent to the property at 8262 Gay Street (Simonz property), 3) the construction of an eight foot high block wall along the south and east property lines of the property located at 8162 Bay Street (Simonz property), and 4) the addition of a third car garage on thirteen of the thirty homes within the development. Modifications were made to the Development Agreement which were delineated in the Amended and Restated Development Agreement No. 98-1. Based on the analysis presented, staff recommended that the City Council adopt the Resolutions approving Amendments to Conditional Use Permit No. 98-16, Tentative Tract Map No. 15754, and approve the first reading of the Ordinance approving amendment to Development Agreement No. 98-t between the City of Cypress and the OIson Company. Notices of the publlo 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 this revised project. CITY COUNCIL MINUTES March 15, 1999 In response to Councilmember MoCoy, Ms. Angus replied that the private street will have fire lanes. It was moved by Councilmember Sondhi and seconded by Councilmember McGill to adopt the Resolutions by title only, titles as follows, approving Amendment to Conditional Use Permit No. 98-t6, With Conditions, for the Development of Thirty (;30) Single-Family Homes at the North End of Gay Street and approving Tentative Tract Map No. 15754, as revised, with Conditions. RESOLUTION NO. 5070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 98-16 WITH CONDITIONS FOR THE DEVELOPMENT OF THIRTY (;30 SINGLE-FAMILY HOMES AT THE NORTH END OF GAY STREET AND DENNI STREET. RESOLUTION NO. 5071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 15754, AS REVISED, WITH CONDITIONS. The motion was unanimously carried by 5 aye votes. It was moved by Mayor Pro Tern Pieroy, seconded by Councilmember McCoy, and unanimously carried, to amend CUP No. 98-16 to include section 15a to state that the existing mature pepper trees on the Project site, along Gay Street, shall be boxed and replanted following grading and construction of the Project. In the event one or both of the trees die, either prior to replanting or within one year after replanting, the Developer shall replace such tree with a like specie and variety of approximately inch box in size. It was moved by Councilmember McGill and seconded by Councilmember McCoy to approve the first reading of the Ordinance by title only, title as follows, approving Amendment to Development Agreement No. 98-1 between the City of Cypress and the Olson Company. ORDINANCENO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DEVELOPMENT AGREEMENT NO. 98-1 BETWEEN THE CITY OF CYPRESS AND THE OLSON COMPANY. The motion was unanimously carried by five aye votes. NEW BUSINESS: Item No. 2: Approval of.. Storm Drain Reimbursement Agreement With Cypress Walk LLC (Olson Development Company): The City Manager asked that this item be continued to March 22, 1999, as the Storm Drain Reimbursement Agreement was still being reviewed by the Attorneys. Mayor Keenan continued the item. Item No. ;3: Settlement Agreement with Save Our Neighborhood Group: The City Manager indicated that the City Council was briefed on this matter in Closed Session on March 8, t999. The City Manager identified the major terms of the settlement agreement: Public roadway shall be reduced 20 feet and become a private driveway at the location noted, a stop sign shall be installed at the intersection of the project on Gay Street, existing mature pepper trees will be I~reserved and if they r.~n nnf h~ CITY COUNCIL MINUTES March 15, 1999 be installed. It was recommended that the City Council approve the Settlement Agreement. Mayor Keenan asked for clarification of wording in the agreement relating to other groups wanting to take action. The City Manager explained that the City Attorney was not in attendance and asked the Olson Company's Attorney to comment. Mr. Stanley Lamport explained that part of that will be controlled in a judgment where the Court will decide those issues. Mayor Keenan commented that he was pleased that a settlement agreement was reached as this property will improve property values, He is very thankful that the Olson Company pursued the development regardless of the conflicts. For the record he stated that the average lot sizes of the development are over 5,700 square feet, very close to RS-6,000, and not near to the traditional RS-5,000 zone. Councilmember McCoy thanked the Olson Company for working with the neighborhood and moving forward with this development. Councilmember McGill concurred. It was moved by Councilmember Sondhi, seconded by Councilmember McCoy and unanimously carried, to approve the Settlement Agreement with Save Our Neighborhood Group. RECESS: Mayor Keenan recessed the Meeting at 6:37 to allow the Council to continue the meeting at the Cypress Community Center for a Town Hall meeting. The meeting reconvened at 7:02 p.m., in the Cypress Community Center with all Councilmembers present. Also present were City Manager Ochenduszko, staff members Angus, Christoffels, DeCado, Hensley, Liu and Storey. Mayor Keenan asked that staff and Council introduce themselves for the benefit of the public. He also reported that a settlement agreement with the Save Our Neighborhood Group relative to the development at Gay and Denni Streets by the OIson Company had been approved. He said that he is very pleased that the development is moving forward. Mayor Keenan indicated that the purpose of the meeting was to address any problems from the community. Anne Fowler talked about City channels 35 and 36 not broadcasting kids sport games. She said that only channel 78 broadcasts the sports. Assistant to the City Manager Liu responded that the City is in the process of renewing the franchise agreement with the cable company and would address that issue at that time. Bill Rhodes, a construction expert, talked about the Lincoln Avenue Project. He said that Lincoln's Project style has a french curb which in his years of construction experience has found it to be very dangerous and felt that traffic will be backed up to Hawaiian Gardens. The Public Works Director indicated that once the project is concluded, Lincoln Avenue will still have the same number of travel lanes at the same width that it had prior to the construction. He explained that the reason the median island was narrowed out was to allow for the construction. In terms of width and number of lanes they will remain the same. Mayor Keenan added that one of the objects of the project was to slow down traffic to possibly attract customers to businesses along Lincoln Avenue. He commented that it would also give the opportunity for landscaping along Lincoln Avenue, Della Ewart suggested similar landscal3incl as the Citv of Cerrito~. off of Rlnnrn~q~lrl CITY COUNCIL MINUTES March 15, 1999 Councilmember McCoy explained that low crime in Cypress should be credited to the Police Department. He explained that when contracting with an outside agency for police services, cities lose the control of how resources are allocated. He commented that surrounding cities do not have low crime compared to Cypress and feels that the Police Department is doing an excellent job in keeping crime from other cities coming into Cypress. City Manager Ochenduszko commented that the City is currently undergoing an audit of the Police services by a consultant expert in that field. He went over some services that are contracted to achieve some economies. He indicated that if Cypress contracts with the Sheriff, it will lose control of knowing if it is being fully serviced. Another factor would be if the Sheriffs are called to another city for an important event, Cypress may not be covered as they have to meet their resource requirements particularly on a priority basis. Mr. Ochenduszko indicated that the movement with police services now is toward community-oriented policing where police agencies get more involved with the community in trying to solve problems. He added that when contracting with a large agency such as the Sheriff you lose the opportunity to do that. He concluded that there is some cost saving benefit in contracting with the Sheriffs but there is also loss of services associated. Councilmember McGill indicated that he went on a ride along with the Cypress Police and was very impressed with the familiarity of trouble areas in the City by the Officer. He feels that Cypress is providing an excellent service considering the thin resources it has. Jo Anne West spoke in opposition of a housing project at Wicker Drive. She suggested that a study be done to see what type of development is appropriate for that site. The City Manager indicated that a workshop with the City Council will be scheduled, in the near future, to discuss development options, financial implications to the City and to the Redevelopment Agency and financing options for the Wicker Drive site. Councilmember McGill commented that the Wicker Drive site is an expensive property and feels that a decision shouldn't be rushed so the site can have the best development possible. Linda Keenan asked Council to have signs posted along Orange Avenue explaining what the fine is for people that do not clean up after their dogs when walking them. Another Resident concurred and indicated that the problem also exists on Somerset Lane and suggested that flyers with information relating to this law be sent to residents. Don Wesling asked if the City has an Ordinance that addresses farm animal noises at early hours of the morning. The City Manager indicated that there is an Ordinance that prohibits farm animals in residential zones. He asked that Mr. Wesling provide staff with a name and telephone number of the person experiencing these problems. Gloria Livingston asked Council to comment on what type of stores will be located at the shopping center on Walker and Ball Road. The Mayor indicated that the City Council approved a facade improvement at that shopping center. Community Development Director Angus indicated that a store called "Tuesday Morning" will be locating at the old thrifty store site but was not aware of any other businesses locating at this center. She also commented that the City is seeking potential businesses. Don Wesling talked about fire ants and suspicious mounts. The Public Works Director indicated that residents should call the City to report suspicious mounts so they can be CITY COUNCIL MINUTES March 15, 1999 Jo Anne West commented that residents towards the south end of Cypress are not well informed of City programs such as the Pops Orchestra. She suggested that the City work on better informing the south end of the City of special events. Mayor Keenan indicated that staff is putting up banners on Valley View near the PacifiCare facility to help advertise major events. Mary Mclver expressed concern on a business out of a home that is causing problems in her neighborhood. Mayor Keenan asked that Ms. Mclver leave information with the Community Development Director so staff can look into that matter. The Mayor also said that Cypress is opposing a Bill that will exempt business licensing for home businesses. Ms. Mclver also asked about the laws on renting a residential home to multiple tenants and talked about a home that has added a room to their home possibly without the City's knowledge. Ms. Angus explained that under the Uniform Housing Code, cities are very limited on what they can do to prohibit residential homes being rented to multiple tenants. Ms. Angus explained that permits are required for any addition to a property and they have to be up to standards. Ms. Angus asked Ms. Mclver to leave information so staff could look into that matter. In response to Councilmember Sondhi, Ms. Angus replied that the City can control the additions to residential homes in a single-family residential area but as far as controlling the renting of rooms, there are limitations that prohibit cities from taking action. Councilmember McCoy suggested that the City utilize the Showmobile and hold concerts at different parts of the City to try to accommodate the community. The City Manager indicated that the Recreation & Parks Director would look into it for feasibility and would report back to Council. Mayor Keenan thanked everyone for attending. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda ADJOURNMENT; Mayor Keenan adjourned the meeting at 8:00 p.m., to Monday, March 22, 1999 at 5:00 p.m., in the Executive Board Room, West Wing of the Cypress City Hall, 5275 Orange Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS