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Minutes 99-10-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD OCTOBER 25, 1999 A regular meeting of the Cl~y of Cypress City Council was scheduled for October 25, 1999, at 5:00 p.m. In the Executive Board Room of the Cypress City Hall, 5275 Orange Avenue, Cypress, California. DUe tO lack of a quorum, the City clerk recessed the meeting to reconvene In the Council Chambers Conference Room at 6:00 p.m. CLOSED SESSION: The CIty Council meeting convened in Closed Session to discuss the agendlzed Closed session items of once case of antlclpated Iltlgatlon and two liability claims In the council chambers Conference ROOm at 6:07 p.m. PRESENT: Councilmembers McCoy, MCGIII, Sondhl, Mayor Pro Tern PlercV, Mayor Keenan AlSO present were Interim city Manager Storey, CIty Attorney Wynder, Assistant to the City Manager Llu, and Community Development DIrector Angus. 7:00 P.M. SESSION: PRESENT: Councilmembers McCoy, McGIII, Sondhl, Mayor Pro Tern Plercy, Mayor Keenan AlSo present were Interim Clty Manager Storey, City Attorney Wynder, and staffmembers Llu, DeCarlo, AngUS, Hensley and Slnn. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Sondhi. INVOCATION: The invocation was given by Pastor Weldon Leimer, Holy Cross Lutheran Church. PRESENTATIONS: Presentation on the Groundwater Replenishment System by MS.Clndy Gehnan, Public Affairs Specialist of the Oran.qe County Water District. A Video presentation regardlng the Groundwater Replenishment System was made by MS. Clndy Gehnan of the Orange County Water DlStrlCt. The Groundwater Replenishment System wlll take highly treated wastewater, which Is currently released to the ocean, and purify It to near distilled water quality using microfiltration, reverse osmosis and ultraviolet disinfectIon. The Water then will be naturally percolated Into Orange County's vast groundwater basin, where It will improve the overall quality of the groundwater by reducing its sallnlty. Purified water from the Groundwater Replenishment System will be used to Increase the seawater intrusion barrier. AdditiOnal water will be transported to Orange County Water District Percolatlon basins in Anahelm where the water will seep into the Orange County groundwater basin. The Groundwater Replenishment System will be located on the Joint water campus of the Orange County Water Dlstrlct and the orange County Sanitation District in Fountain Valley. REPORT OF CLOSED SESSIONANORKSHOP AGENDA: The Interim Clty Manager advised that no Workshop Session was held that evening. The City Attorney reported that during the closed Session held earlier, two liability claims against the city of Cypress were considered by the City Council under CaI. Govt. Code§ 54956.95. It was the unanimous decision of the Council to reject both Allstate Indemnity Co. v. City of Cypress (subrogation for their client, Nansl Slbal) and Elmore v. City of Cypress. CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 In accordance with caLGovt. Code§ 54956.9(b), the Clty Attorney, Community Development Director, and City Council met and discussed a privileged and confidential report regarding certain actions taken whlch could adversely impact the City of Cypress. The Council unanimously authorized the Clb/Attorney and the CommunlCy Development Director to conslder assembling a consortlure of potential plaintiffs and to return to the council for further authorlzatlon to Initiate litigation In one case to protect the interests of the CID/and Its residents. No further actlon was taken or requested during the closed Session. ORAL COMMUNICATIONS: SPEAKING ONCE.) LIMITED TO ONEHALF HOUR. (THREE MINUTES PER SPEAKER, Llnda Metzldls and her assistant, Brlgitte Wolf, of the Cypress Masterworks Chorale, introduced themselves. The ladles were present to Invite everyone to the Halloween "Sing and Scream" concert scheduled at cypress College, Saturday, October 30, 1999, at 7:30 p.m. A variety of music ranging from Jazz to pop to spiritual to folk songs from various cultures will be presented, and the audience will be encouraged to sing along with "Pumpkin Carols from Charlie Brown." Halloween selections from Tim Burton's "Nightmare Before Christmas" Will be presented, as wlll songs from "The Little Shop of Horrors." Darlene Allen, President of the BOard Of DIrectors of the Cypress Pops Orchestra, introduced herself. MS. Allen came to thank the City Attorney and members of the City Council for their donations to the Cypress Pops. Ms. Allen also brought copies of a CD made by the Cypress Pops, "Best of the Summer Concerts" which was recorded live on the Green. One was presented to each Councilmember. Ms. Allen told the council that their donation ensured that a holiday concert will be scheduled In 1999, and will be held on Sunday, November 14, 4:00 p.m., at the Grace Church AuditOriUm In Cypress. MS. Allen invited everyone to attend. The Mayor welcomed Jill Carell, Orange Count/Register reporter, who Is Andrew Asch's replacement. Mayor Keenan thanked the Cypress American Youth Soccer Organization (A.Y.S.O.) for the $500.00 the group donated to the D.A.R.E. Program. Addltlonaily, the Mayor advised that Monday, November 1, 1999, from 10:00 a.m. to 6:00 p.m., a murallst and old friend of the Mayor's will be vlsltlng Cypress on behalf of "Cartoonists Across America." This group Is promoting literacy on an international basis, and a mural will be painted at the Cypress Library. An outline of the mural will be drawn, and children will be invited to fill the design In. The Mayor commented on the success of the Recreation & Park DlstriCt'S 50th anniversary held the previous Saturday. Compliments were passed on to Marvin DeCarlo and all the others who assisted at this event. Mayor Keenan also advised that the CIty of La Palma Is looking for owners of convertibles to drive In their upcoming, "La Palma Days" Parade on Saturday, November 15th: He suggested that anyone wishing to participate should contact the city of La Palma Park & Recreation Department at (714) 522-6740. AWARD OF CONTRACTS: 1. Award of Contract for Arnold/Cypress Park Ballfield LlclhtlnQ. Public Works Project NO. 9915. Public Works Director Jeff Sinn presented staff's report for this Item. The proposed project will replace all light fixtures, Wiring and conduits at Arnold/cypress Park Ballfield, and Install a computerlzed Ilghtlng system at both Arnold/Cypress and Oak KnOll ParkS. The Plans and specifications for the project were aDDroved at the City council meeting held on September 13, 1999. Bids Were received from eight vendors; one of which requested a Withdrawal of the bid submitted because of a calculation error (B A Construction). Staff's recommendation was that the bid be awarded to the second lowest bldder, M. Wilson CO. Contractors, Inc., 2605 Sierra WaY, LaVeme, California, whose bid was In the amount of $85,727.00. The amount of $55,201.00 Is presently available In the Arnold/Cypress Park Renovation Project ACcount. An unexpected need to replace all old, outdated wiring has 2 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 been estlmated to cost an additional $39,098.70 (which Includes a 10% contingency fund). It is recommended that staff be authorized to transfer this amount from the City Open Space Fund. In response to the Councll's questions, Mr. Slnn advised that the fau]D/wiring and conduit will be replaced. AdditiOnally, the appropriate funding for this project comes from the Open Space Fund as well as some CDBG monies. A motion was made by Councilmember Sondhl, seconded by Councilmember McCOy, and carried by the following roll call vote, that the city Council of the city of Cypress, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park DIstriCt: (1) approve the transfer of funds In the amount of S39,099 from the unreserved fund balance of the clty Open Space Fund (Fund 13) tO the cypress Recreation and Park DIstrict General Fund (Fund 12); and (2) appropriate $39,099 from the Cypress Recreation and Park District General FUnd Balance to Account No. 4186-12-504-29 for Arnold/Cypress Park renovation projects; and (3) determine the lowest responsible bidder for Public Works Project No. 9915 to be M. WIlSOn CO. Contractors, Inc., 2605 SIerra Way, LaVerne, California, 91750; and (4) award a Contract for Arnold/Cypress Park Ballfield Lighting, in the amount of $94,299.70 (bid amount of $85,727.00 plus ten percent contingency) to M. Wilson CO. Contractors, Inc.: AYES: NOES: ABSENT: S COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGIII, Sondhl, Plercy, Keenan None None After resolving the above matter, Councilmember McCoy advised that the orange County Fire AUthOrity Fire Chief was In the audience tonight, and requested that the City Council decide to consider Agenda Item NO. 21 next on the Agenda, prior to review of the Consent Calendar. This request Was made to accommodate the schedule of Orange county Fire chief chip Prather. The City A~orney advised the council was allowed to move the item without making a formal motion. 21. APPrOVal Of PrOpOSed Amendments to the Jolnt Powers A.qreement Creatin.q the Orange County Fire AuthOrity (OCFA). Assistant to the clty Manager June LiU provlded the staff report on this Item to the City council. Staff sought the City councll's approval for the proposed amendments to the Joint Powers Agreement creating the Orange county Fire AuthOrity (OCFA) which Were unanimously approved by the Fire Authority Board of Directors on September 23, 1999. The OCFA was formed on March 1, 1995. Nineteen cltles, and Orange County, comprise the AuthOrity. Seven of these cities are associated wlth OCFA on a contract basis; twelve cities are designated as Structural Fire Fund (SFF) agencies. The latter is funded from properb/taxes designated for fire services, the contract agencies pay a fee for.fire services. Four of the original contract cities pay based on annual charges to OCFA'S operating cost, while the other three contract Cities pay based on a "company cost" Calculation which places a value on the resources that are assigned to a specific fire station. OCFA'S original agreement stipulated that a three-year waiting period be In effect before any changes could be made in the cost of services to member agencies based upon equity. This equity refers to the extent to which either the Structural Fire FUnd property tax or the cash contract fee received from a member bears a reasonable relationship to the cost of the service that a member receives. The DaViS Company was commlssloned by OCFA to complete an equity study, in anticipation of the expiration of the three-year waiting period. certain recommendations addressing equity issues were raised by the Davis Company, and examined by an OCFA-appolnted EqUity Study Ad HOC Committee. The results of the equity study were presented to the City Council In April, in order to discuss the variance In results In the report's a~tempt to quantify the cost of providing fire services through the use of various models. FOr Cypress, the study's findings would have resulted In an Increase In contribution to OCFA that would have equaled $631,000 over a 13-year period. At the April 12 meeting of the City Council, councilmember McCoy was authorized to present eight recommendations concerning the Equity Study to OCFA. Those recommendations were that: 1. No equity adjustments be Imposed on Structural FIre Fund "reclplent" cities. 2. No Structural Fire FUnd "donor" cities receive cash payments to the respective general funds as a result of any equity adjustments. CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 3. A uniform model for costing fire service be developed and utilized for existing contract cities so that contracted-for-units-of-service be allocated/charged In a consistent manner. 4. Contract cities be required to enter Into agreements With a minimum term of five years and a minimum two-year notice period prior to withdrawal, 5. NeW contracts Include a provlslon for an annual Increase "llmlt" that is slmllar to the annual average Increase of the structural fire fund, or some alternative acceptable measure so that contract cities are able to reliably antlclpate annual Increases to fire service costs. 6. Any City that provides notice of Intent to wlthdraw from the Fire AUthOrity immediately forfeits Its seat on the Board of Directors pending negotiations regarding transition/asset allocation. 7. New cities interested In contracting for services be required to fully fund the cost of providing fire services. EXiSting cities experiencing new land developments be required to fully fund the cost of providing fire services In areas of growth. 8. A methodology be developed to place funds In an OCFA fire trust fund for provision of additional fire services, facilities, resources, or equipment during budget surplus periods to be used on a proportional basis on behalf of "donor" cities. The proposed recommendations were taken Into conslderatlon by the Ad Hoc Committee. Ultimately, all amendments were approved by the OCFA Board of Directors, and each member clty Is being asked to now sign and return the Amended Joint Powers Agreement to OCFA. AS the amendments to the Joint Powers Agreement are In concurrence with the recommendations authorized by the CIty Council for inclusion In the final agreement, It was recommended that the city Council approve the amendments to the Joint Powers Agreement Creatlng the Orange County Fire AuthOrity (OCFA). The Mayor Invited chlef Prather to the podlum, who stepped forward and introduced himself. chief Prather gave a brief background of the project, Which had been detailed by MS. LlU, commenting on the city of Cypress' Involvement In the project, through the efforts of City Councilmember Mccoy and former city Manager Ochenduszko. Chief Prather said he would be pleased to answer any questions. The Mayor commended the efforts of Councilmember McCOy and the Orange County Fire Authority In bringing this project to a successful completion. Counclimember MCCOy noted that this Agreement, which covers a 10-year period, will bring some stability to OCFA, and Will allow room for future growth of the AuthOrity. A motion Was made by Councilmember MCCOy, seconded by Mayor Pro Tern Piercy, and carried by the following roll call vote that the City council approve the Inclusion of the subject amendments in the final agreement, and adopt the Resolution by title only, title as follows, approvlng the amended Orange County Fire AuthOrity Joint Powers Agreement: Resolution No. 5151 A Resolution of the Clty Councll of the City of Cypress Adopting the Amended Orange County Fire Authority Joint Powers Agreement AYES: NOES: ABSENT: 5 COUNCILMEMBERS; 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGIII, SondhI, Plercy, Keenan None 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 approvlng the recommendations listed on the Agenda. Councilmember MCGIII requested that Item No. 4(fi be pulled from the consent calendar. CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 A motion Was made by Councilmember MCGlll and seconded by Mayor Pro Tern Piercy to approve Items 2 through 10, with the exception of Item 4(fi on the Consent Calendar. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCiLMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGllI, Plercy, Sondhi, Keenan None None Item NO. 2. APPrOVal Of City Council Minutes of the Regular Meetings of September 27, 1999 and October 12, 1999. Recommendation: That the City Council approve the Minutes of the Regular City Council Meetings of September 27, 1999, and October 12, 1999, as submitted. Item No. 3. MOtIOn tO Introduce and/or Adopt All Ordinances and Resolutlon~ Presented for Conslderatlon by Title 0nly and to Waive Further Readlnq Item NO. 4. APPrOVal Of Design Review Committee Permit No, 99-30, Request tn Construct a SeCOnd-story Addit;IOn tO an Exlstln_cl Residence. Located at 8472 Dennl Street; APPrOVal Of Desl~ln Review Committee Permit No, 99-32~/Request to Construct a Second- story AdditiOn tO an Existing Residence, Located at 10011 San Vincent CIrcle; ApprOval of Desl_qn Review Committee Permit No, 99-33, Request to Install TwO Buildings Signs and one Freestandinc~ Sl_qn for A & E Automotive and TOwing, Located at 5640 Lincoln Avenue; Approval of Desl,qn Review Committee Permit No, 99-34, Request to Construct a Second- storv Addition to an Existing Residence, LOCated at 9624 Amberwlck; Approval of Design Review Committee Permit No. 99-35, Request to Install an Illuminated Monument SI,qn for Subaru, LoCated at 6431 Global Drive;; and Approval of Design Review Committee Permit NO. 99-40. RequeSt to Install a Monument SIgn for the LOS Alamltos Race Course, Located at 4961 Katella Avenue.. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, approvlng Design Review committee Permit Nos. 99-30, 99-32, 99-33, 99-34, 99- 35, 99-36 and 99-40, With Conditions: Resolution No. 5152 A Resolution of the City Council of the city of Cypress Approvlng Design Review Committee Permit No. 99-30, with Conditions Resolutlon No. 5153 A Resolution of the CIty Council of the city of Cypress Approvlng Design Review Committee Permit No. 99-32, with Conditions Resolution NO. 5154 A Resolution of the City Council of the clty of Cypress Approvlng Design Review Committee Permit NO. 99-33, with Conditions Resolution No. 5155 A Resolutlon of the City Council of the City of Cypress Approvlng Design Review Committee Permit NO. 99-34, with Conditions Resolution NO. 5156 A Resolution of the clty Council of the City of Cypress Approvlng Design Review Committee Permit No. 99-35, with Conditions Resolution No. 5157 A Resolution of the City Councll of the City of Cypress Approvlng Design Review Committee Permit NO. 99-40, with Conditions Item No. 5. AdOPtiOn Of a ResOlution Establishing ""NO Parkln.q Anvtlme" Area~ Adjacent to the Driveway of the Cypress Green Condomlnlum Complex (8621-8647 Walker Street). Recommendation: That the City Councll approve the recommendation of the Traffic Commission by adopting the Resolution by title only, title as follows, providing for CITY COUNCIL MEETING MINUTES OCTOBER 25,1999 the installation of a "NO Parking Anytime" area 50 feet north and 41 feet south of the driveway of the Cypress Green Condomlnlum complex (8621-8647 Walker Street). Resolution NO. 5158 A Resolution of the Clty councll of the city of Cypress Establishing "No Parking Anytime" Area AdJacent to the Driveway of the Cypress Green condomlnlum Complex (8621-8647 Walker Street) Item No. 6. AdOPtiOn Of Resolution in Support of the Groundwater Replenishment System. Recommendation: That the City Council adopt the Resolution by title only, title as follows, In support of the Groundwater Replenishment System proposed by the Orange County Water and Sanitation DIStriCtS. Resolutlon NO. 5159 A Resolutlon of the CIty Council of the City of cypress Supporting the Groundwater Repienlshment System Item NO. 7. Approval to Accept State Cltlzen's Option for Public Safety (COPS) Grant Funds. Recommendation: That the City Council receive the $107,698.97 and place it into the Supplemental Law Enforcement Services FUnd, and approve an increase of estimated revenues for the allocation of Supplemental Law Enforcement Services Fund (AB 3229) In Other GrantS ACCOUnt Number 3525-30-999-99, for $107,698.97. Item No. 8. Proclalmlnq November, 1999, as "United Way Month." Recommendation: That the Mayor and Clty Council officlally proclalm November, 1999, as "united Way MOnth" In the City of Cypress. Item No. 9. Review of Monthly Investment Program for the Month of September, 1999. Recommendation: ReceIve and file. Item No. 10. Adoption of Amendment to the Orange County Transportation Authority's Master Funding A.qreement. Recommendatl0n: That the City Council approve Amendment No. I to Cooperative Agreement NO. C95-970 with the Orange County Transportation Authority, and authorize the Mayor to execute said Agreement, on the contingent that the Indemnification Clause in the Agreement Is approved by both the Orange county Transportation Authority and the City A~orney. 4(ft. APPrOVal Of DeSign Revlew C0mmltt:ee Permlt No. 99-36, Request tn Construct a Second-story AddltlOn to an EXlStlnq Residence, Located at 11542 Rabaul Drive. The staff report for this Item was provided by Alice Angus, Community Development Director. MrS. AngUS advised that the project represented a request to add a sizable second-story addition to an existing residence. The addition was almost equal in square footage to the ground floor of the residence. The project was reviewed for compatlblllty with the surrounding neighborhood, and found to comply with all setback, height and open space standards. In regard to design standards, staff was of the opinion that no privacy Issues would negatively impact the neighborS from the windows Installed in the second-story addition. MrS. Angus commented that Councilmember McGill was concerned that the appearance of the residence would become "boxy" as a result of the addition. MrS. AngUS noted that would not actually be the case, and that any "boxlness· would be offset by a balcony and roof overhang. She additionally explained that the facade of the building would be of varied appearance, including a recessed area over the front door, and not Just one flat plane. Councilmember McGIII explained that he had been concerned with the appearance of the building, and expressed some confusion over the elevations provided. MrS. Angus 6 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 provided Councilmember McGIII wlth clarlflcatlon of the drawings, and adequately addressed his concerns. councilmember McCoy noted It Was gratifying to see that residents of Cypress were opting to expand their existing residences as their families grew, rather than moving to other communities, observing that those actions demonstrated a satisfaction with the Cypress communlty. A motion was made by Councilmember MCGIII and seconded by Councilmember McCoy to adopt the Resolution by title only, title as follows, approvlng Design Review Committee Permit NO. 99-36, with Conditions: Resolution NO. 5160 A Resolution of the clt.-y Council of the CIL-y of cypress Approvlng Deslgn Review Comml~cee Permit No. 99-36, with Conditions The motion was carried by the followlng roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, MCGIII, Sondhi, PlercV, Keenan None None Mayor Keenan commended LOs Alamltos Race Course representatives on the a~ractive sign design which was submit:ted and subsequently approved on the Consent Calendar. He also commented on the recelpt of COPS funds received from the S~ate, and noted that It was good to receive some money from the State of California. PUBLIC HEARINGS: 7:30P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL.) 11. PUbliC Hearing Regarding an Appllcatlon for a special Permit to Conduct Secondhand Business for the Sale of Secondhand Merchandise - Aloha Joe's Collectlbles, Located at 4455 CerrltoS Avenue. Community Development DIrector Alice Angus provided staff's repor~ on the above application. MrS. AngUS advised that the application represented a request from Joseph and Bonnle Salamanca to establish a secondhand collectlbles store for the purpose of selling small Items of antique furniture, chlldren's toys, used records, vintage clothing and other collectlbles. The proposed use has been found to be compatible with surrounding uses, and consistent with the provisions of the Cypress Zoning Ordinance. A police background investigation did not disclose any derogatory Information about the applicants, and the application does not constitute a project under the Guldellnes of the California Environmental Quality Act; therefore, no environmental documentation Is required. The project will be located within the CN Commercial NeighbOrhood Zone, and constitutes a pertained use wlthln that area. Establishment of the business Will not result in an overconcentratlon of secondhand businesses In the Immediate area. Staff was recommending approval of the project, subject to the conditions that: (1) 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; and (2) 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. The Mayor opened the public hearing, and asked the applicants to step forward. Bonnle and Joe Salamanca approached the podium, and introduced themselves. Bonnle spoke on behalf of both of them for the business, explaining that they had been working In the antiques and collectlbles business for several years for other People, and now wished to go Into business for themselves. She stated that they Were Rossmoor residents, that this would be their first business venture, and expressed the hope that it would be successful. The Mayor verified with the applicant that they were cognlzant of all the Conditions of Approval imposed upon the project, which was confirmed. CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 The Mayor mentioned that a letter of support had been received from Robert Boyd regarding the project, and asked If anyone present wished to speak In favor of the project. No one wished to speak. The Mayor then inquired whether anyone present wished to speak against the project; no one came forward. With no further comments forthcomlng, and the Mayor closed the public hearing. The City Council welcomed the Salamancas to Cypress, and wished them luck In their new venture. A motion was made by Councilmember MCCOy, seconded by Mayor Pro Tern Piercy, and carried by the following roll call vote that the City Council approve the Special Permit to allow secondhand sales at AlOha Joe's Collectlbles located at 4455 Cerrltos Avenue for a one (1) year probationary period, with a review to consider permanent approval at the end of that time, and subject to the following conditions: (I) 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; and (2) 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: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGIII, Sondhl, Plercy, Keenan None None 12. Publlc Hearln_q Rec3ardlnQ Condltlonal Use Permlt NO, 99-5. A Request to Establish a Restaurant Serving Beer and Wine In an Existing Commercial Lease Space Located at 5721 Lincoln Avenue. Community Development Director AngUS presented staff's report for this project. She advised that It represents a request by Mr. Kwang Oohn) Chang to establish a pizza and Italian food restaurant, With onslte sales of beer and wine, within an existing 2,000 square-foot commercial lease space located at 5721 LIncoln Avenue, Suite C, In the PC Planned Community Zone, Lincoln Avenue Specific Plan area. In accordance with the California Environmental Quality Act (CEQA) Guidelines, a Categorical Exemption will be filed for the project. The proposed use will not result In an over-concentration of on-sale beer and wine licenses in the vicinity, according to the California Department of Alcoholic Beverage Control. Staff has reviewed Section 19.3 of the Cypress Zoning Ordinance In regard to criteria for imposing conditions on requests for alcoholic beverage sales. The results of that review indicate that the request should not have any adverse effects on adjacent properties. Mrs. AngUS explained that one of the appllcant's initial requests was that the use be allowed to remain open until 11:00 p.m. However, the entire shopping center Is conditioned to close at 9:00 p.m. The owner of the center was not willing to follow the steps required to amend the original conditional Use Permit for the center. The applicant Indicated his willingness to comply with the 9:00 p.m. closing time. Staff also found parking to be adequate, and advised that dellverles would not conflict with existing surrounding uses. Based on the above analysls, staff recommended that the Clty council adopt the Resolution approvlng condltlonal Use Permit No. 99-5, subject to the Conditions of Approval. FOllOwing MrS. AnguS' presentatlon, the Mayor opened the public hearing and invited the applicant to step forward. Mr. Kwang Uohn) Chang, 9551 Westbourne couP, Cypress, Introduced himself. Mr. chang advised that he was a 12-year resident of the City, who originally had a restaurant In Hawaiian Gardens. He closed the facility as he was not satisfied with the area, and was planning to open another facility, called "Domenlco's", at the proposed Iocatlon. Mr. Chang Said he received several awards for hls previous restaurant, and planned to bring hls exlstlng customer base wlth him to the new location as well as attract new customers. The appllcant said he had much restaurant experience with no problems from ABC or other jurlsdlctlons, and was hopeful to establish a mutually successful business relationship wlth the residents of the CIty. Mr. Chang also expressed his intentions to continue to support chlldren's sports activities In the communlW. The Mayor asked If anyone present wished to speak In favor of the project; no one wished to speak. The Mayor then asked If anyone present wished to speak in opposition 8 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 tO ~he project, and no one came forward. NO further comments were offered, and the Mayor closed the public hearing. Because the entire center was operating under a separate Conditional Use Permit which required that the businesses close at 9:00 p.m., Mayor Keenan wanted to know what would be required If other businesses In the plaza wanted to change their hours of operation. Mrs. Angus responded that the property owner would need to make that request, or agree to have that request made. She advised that he had been contacted regarding the current proposed use, and he indicated that he did not want to go through the amendment process at this time. Mayor Pro Tern Plercy wanted to know If the Slzzler was considered part of the same complex; MrS. AngUS responded that It was her understanding that the Slzzler was located on a separate parcel with a different property owner. DISCusSIOn among the Councilmembers concernlng the appllcant's future desire for extended hours was held. It was the consensus of the Council that If the applicant were to request extended hours of operation In the future, he should not be charged any fees for said application. Following this discussion, the Councilmembers, collectively and individually, welcomed Mr. Chang to Cypress. A motion was made by Mayor Keenan, seconded by Mayor Pro Tern Plercy, and carried by the following roll call vote that the city council adopt the ReSOlUtiOn by title only, title as follows, approvlng conditional Use Permit NO. 99-5, with conditions, and to authorize a waiver of any future application fees to amend the hours of operation of the restaurant: Resolution No. 5161 A Resolution of the CIty Council of the City of Cypress Approvlng Conditional Use Permit NO. 99-5, with Conditions AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGIII, Sondhi, PIercy, Keenan None None 13. Publlc Hearlnq Reqarding Conditional Use Permit NO. 99-7, a Request to Establish a Restaurant Serving Beer and Wine in an Existing Commercial Lease Space Located at 9543 Valley View Street. The staff report for this application was presented by the Community Development DIrector, AliCe Angus. MrS. AngUS reported that the project represented a request from Mr. Don LIu to establish the Lily Garden Chinese Restaurant, with onslte sales of beer and wine within an existing 2,300 square foot commercial lease space located at 9543 Valley View Street within the CG-IO,000 Commercial General Zone. A review of Section 19.3 of the Cypress Zoning Code has determined that the use will not have any adverse effects on adjacent properties. In accordance with the requirements of the California Environmental C~uality ACt, a Categorical Exemption will be filed for this project. According to the California Department of Alcoholic Beverage Control, the proposed restaurant will result In an over-concentration of on-sale beer and wine (Type 41) licenses In the vicinity, In that five licenses are allowed and seven licenses currently exist within the census tract area. Thls over-concentration, however, results from the census tract containing several large parcels (Cypress High School and Oak Knoll Park), which limit residential population; the criteria used by ABC tO establish the number of licenses allowed per census tract. staff's recommendation was that the City Council adopt the ResolutiOn approvlng Conditional Use Permit NO. 99-7, SubjeCt tO the Conditions of Approval. Following staff's presentation, Mayor Keenan opened the public hearing and invited the applicant to step forward. Mr. Don LIU, 418 E. WIlbur Road, ~204, Thousand Oaks, california, Introduced himself. Mr. LIU apologized for his English, which he claimed Was not very good, but that he would do his best. He explained that he had emigrated from China a couple of years ago, and was now a United States citizen. Mr. Liu also said that this restaurant Would be his first business, and he hoped the council Would favorably consider his application. AlSO speaking on behalf of the applicant was Mr. Osborne, who urged the Council to approve the application. 9 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 The Mayor asked If anyone present wished tO speak In opposition to the project, and no one wished to speak. No further comments were offered, and the Mayor closed the public hearing. The CIty Council had no questions regarding the use, and welcomed Mr. Liu tO the City of Cypress. A motion was made by Counciimember MCGIII, seconded by Mayor Pro Tern Piercy, and carried by the following roll call vote that the CI~y Council adopt the Resolution by title only, title as follows, approvlng Conditional Use Permit NO. 99-7, with Conditions: Resolution No. 5162 A Resolution of the City Councll of the city of Cypress Approvlng Conditional Use Permit NO. 99-7, with Conditions AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: McCoy, McGllI, Sondhi, Piercy, Keenan None None 14. Public Hearlncl Re~ardlnq Deslcln Review Commi~ee Permlt NO. 99-31 and Conditional Use Permit NO. 99-8, a Request to Construct a Second-Story Room Addition with a Balcony Facing the Rear Yard. Located at 10172 Angela Avenue. The staff report for this request Was presented by Alice AngUS, Community Development DIrector. She advised that the project represented a request by Mr. John Turpln to construct a 970 square foot second-story addition to an existing one-story house located at 10172 Angela Avenue In the RS-6,000 Residential Single-Family Zone. The addition Includes a second-story balcony at the rear of the house. Mrs. Angus added that the proposed addltlon compiles with all development codes and standards, and was approved by the Design Review Committee on September 30, 1999. She said that balconies In the side or rear yard require a Conditional Use Permit. In this case, staff found the placement of the balcony to be acceptable, as the subject property Is a corner lot, with the placement of the balcony approximately 33' from the property line. A couple of the surrounding property owners had expressed concerns regarding design review and privacy Issues possibly generated by the project, which had been adequately addressed in the Conditions of Approval. Under the CEQA Guidelines, the project was determined to be Categorically Exempt; and Will be filed as same. Staff's recommendation was that the Clty Council: (1) adopt the Resolution approving Design Review Committee Permit NO. 99-31, with Conditions; and (2) Adopt the Resolution approvlng Conditional Use Permit NO. 99-8, with Conditions; and (3) direct staff to file a Notice of Categorical Exemption, Class 1(e)(2) With the County of Orange, county Clerk-Recorder. The Councllmembers asked several questions regarding the exact placement of the balcony and the view of the adjacent property therefrom, and placement of the screening landscaping. Mrs. Angus clarified the location, and advised that the landscaping was subject to staff's review and was addressed In the Conditions of Approval. At the close of staff's report, Mayor Keenan opened the publlc hearing. The applicant, Mr. John Turpin of 10172 Angela Avenue, Cypress, introduced himself. Mr. Turpin stated he was the father of three children. Because of his growing family, they need more room and want to stay In Cypress and have their children continue In the Cypress schools. Therefore, he has no room for expansion except: for upward. The Mayor asked If anyone else wished to speak In favor of the project; no one came forward. He then asked If anyone wished to speak In opposition to project; no one wished to speak. NO further comments were offered, and the Mayor closed the public hearing. The applicant responded to a question posed by the Mayor indicating that he was In agreement with the Conditions of Approval. Councilmember MCGIil asked how the requirement for mature vegetation was addressed; MrS. Angus responded that the mechanism for ensuring its use Was in the Conditions of Approval. She also explained the 10 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 meaning of Categorical Exemption under the CalifOrnia Environmental Quality ACt in answer to a question posed by Councilmember McCoy. A motion was made by Mayor Pro Tem Plercy, seconded by Councilmember McGill, and carried by the following roll call vote that the city council (1) adopt the Resolution by title only, title as follows, approvlng Design Review Committee Permit No. 99-31, with Conditions; and (2) AdOpt the Resolution by title only, title as follows, approvlng Conditional Use Permit No. 99-8, with Conditions; and (3) direct staff to file a Notice of Categorical Exemption, Class 1 (e)(2) with the County of Orange, county Clerk-Recorder: Resolution NO. 5163 A Resolution of the CIty Council of the CIty of Cypress Approvlng Design Review Committee Permit NO. 99-31, with Conditions Resolution No. 5164 A Resolutlon of the City Councll of the city of Cypress Approvlng conditional Use Permit No. 99-8, with Conditions AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGIII, Sondhi, Plercy, Keenan None None 15. Public Hearln~l Reqardlng Condltlonal USe Permit NO. 99-9, a Request to AllOw Limited FaSt Food and Quick Service Restaurant Uses and a 300 Square FOOt Outdoor DIning Area within the Campus Vlew Center, LOcated at 9111 Valley VIew Street. Community Development Director AngUS presented staff's report for the above application. Mrs. AngUS reported that the project represented a request from Mr. Herb Andrews of Campus View Partners, to allow limited fast food and quick service restaurant uses and a 300-square foot outdoor patio dining area within the Campus View Center located at 9111 Valley View Street. The use has been found to be consistent with both the Cypress Zoning Ordinance and the Lincoln Avenue Specific Plan. In reference to the latter, it Is staff's opinion that the use will enhance the economic vltallty and Image of the Lincoln Avenue Corridor. The project has been found to be exempt under the CEQA Guidelines, and a Notice of Categorical Exemption will be flied. In the event parklng becomes an Issue in the future, a condltlon has been added which will allow staff to review the parking situation. Based on this analysls, staff's recommendation was that the CIty Council adopt the Resolution approvlng Conditional Use Permit No. 99-9, subject to the Conditions of Approval. The Council ascertained that additional parking would not be gained by the addition of compact car parking spaces, and received clarification regarding the effect of the Conditional Use Permit on various businesses which may become tenants of the building, as well as Its impact upon the fast food/quick service restaurants. At the concluslon of staff's report, the Mayor opened the public hearing. The applicant, Mr. Herbert Andrews of Campus view Partners, introduced himself. Mr. Andrews told the Council that the additional parking for the project will come from an area of the property which had never before been striped for parking. It was formerly designated for recreational vehicles, and Is no longer needed for that use. Mr. Andrews added that there Is no compact parking in the Campus View Center. Current employees park In the rear of the facility, and new tenants will be required to do the same. Mr. Andrews clarified that the C.U.P. being requested was to cover both the patio use and the Specific Plan Overlay, and was somewhat challenging to prepare. He compllmented City staff on the efforts they expended in assisting them. The Mayor asked if anyone else wished to speak on behalf of the project; no one offered any comment. The Mayor then asked If anyone present wished to oppose the project; no one came forward. The Council expressed their satisfaction with the project, and noted that the outdoor dining will prove to be an attraction In the City. 11 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 A motion was made by Mayor Pro Tern Plercy, seconded by Councilmember McGIII, and carried by the following roll call vote, to close the public hearing, and that the city council adopt the Resolution by title only, title as follows, approvlng Conditional Use Permit NO. 99-9, with Conditions: Resolutlon No. 5165 A Resolution of the City Council of the CI~ of Cypress Approvlng conditional Use Permit No. 99-9, with Conditions AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGllI, Sondhl, Plercy, Keenan None None 16. Publlc Hearlng Re~qardlnq an Appeal of the Nonconforming Use Hearinq Board's Decision Regarding the Nonconforming Status of the Lincoln Motel. Located at 5732 Lincoln Avenue. Mr. Storey, Interlm CIty Manager advised that Alice AnguS, Community Development Director, would provide the staff report for this item. Mr. Storey added that the applicant, Mr. Ernest Schworck, had requested a continuance of the item for t~vo weeks until such time as his actorney was able to be present. The Mayor questioned whether public testimony should be accepted, since the item had been noticed as a public hearing, and the city Actorney advised that the appellant was in the audience. Mrs. AngUS added that when they contacted Mr. Schworck, he was advised that It would be at the discretion of the Council whether or not the continuance Was requested. The Mayor requested a show of hands to determine If anyone beslde Mr. Schworck was present to speak on this item. NO one but the applicant was present. The City Actorney said that the public hearing should be opened, comments should be Invited, then a motion to continue the public hearing to a date specific could be made. The Mayor then asked for a brief overview of the s~aff report. Mrs. AngUS responded that the City had adopted a hotel/motel ordinance a little less than two years ago. The Ordinance established some operational standards for hotels and motels in the city, and limited the number of long-term stay rooms that can be occupied In either type of accommodation. This change was phased In over a three-year period, going from 30% long-term stay at Inception, and being reduced to 15% at the explratlon of that timeframe. She said that Mr. Schworck's faClllL-y, the Lincoln MOtel, was operating at 100% long-term stay, and was found by the Nonconforming Use Board to be out of compliance on September 9, 1999. Mr. Schworck had been notified of the problem In May, July and October of 1997. FOllowing the findings of the Nonconformlng Use Board, Mr. Schworck appealed their decision. It Is Mr. Schworck's contention that when he purchased the property In 1963, his understanding was that when the city annexed the property, he could contlnue to operate it as he had previously, and that he would be exempt from the clty's standards. He maintained that his units are unfurnished, contain full kitchens, living rooms and bedrooms, and do not operate as a hotel or motel would. Additionally, he has indicated that he never has paid the Clty's Transit Occupancy Tax (TOT). He asked the Council to please continue their consideration of the Item until his a~corney could be present In two weeks' time. Mr. Schworck malntalned that his property should be allowed to operate as apartments, as that Is what It actually consists of, and stated that if he is forced to comply with the decision of the Board, he will be put out of business. The Mayor opened the public hearing, and, on the advice of the city A~corney, deemed Mr. Schworck's testimony as part of the public hearing. NO further comments were offered, and the Mayor invited Mr. Schworck to step forward again. Mayor Keenan advised Mr. Schworck that the Council did not appear to support continuing the Item. He advised Mr. Schworck that his testimony had been taken into consideration. Mr. Schworck responded that the Council was closing him down. Mr. Schworck observed that If the Council dld not continue the Item, he felt that he had not made a good case, and probably required some help. councilmember McCoy did not understand why being involved In a trial would preclude an a~corney from attending the meeting, and was not in favor of continuing the item. Mayor Keenan observed that the Council was under no obligation to continue the public hearing; this was confirmed by the city Attorney. Mayor Pro Tem Plercy also dld not support a continuance, and thought the macter should be considered right away. Councilmember Sondhl observed that It would not reflect very well on the Council If they 12 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 did not allow the continuance, as Mr. Schworck felt at odds with the situation and should be entitled to a continuance out of simple courtesy. Councilmember Sondhl felt that Mr. Schworck was entitled to representation by hls a~orney. The Mayor sald he felt that Mr. Schworck had had ample time to present his case In the past, and that he would be In favor of extending the Item for D~o weeks only as a courtesy. A motion was made by Councilmember Sondhl and seconded by Councilmember MCGIII tO continue Item NO. 16, a Public Hearing Regarding an Appeal Of the Nonconforming Use Hearing Board's Decision Regarding the Nonconforming Status of the Lincoln Motel, located at 5732 LIncoln Avenue, to the next regularly scheduled meeting of the city Council on November 8, 1999, at 7:30 p.m. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: MCGIII, Sondhl, Keenan NOES: 2 COUNCILMEMBERS: MCCOy, Pieroy ABSENT: 0 COUNCILMEMBERS: None 17. Public Hearing Reqardln_q Review of the 26~" Year Community Development BlOCk Grant (CDBG) Application. Alice AngUS, Community Development Director, presented the staff report for this item. It was explained that the City of Cypress has participated In the federal Community Development BlOCk Grant Program for the past 25 years, in order to obtain funds for community improvements and programs. Because the City Is classified as a non- entitlement community with a population of less than 50,000, Cypress must apply for this funding through the Orange County's Housing and Community Development Department. For the Year 26 Block Grant funding cycle, the City is now In the process of preparing its application. Funding for the previous year (FISCal Year 1999-2000) has been estimated to be $5,635,000. These funds have been allocated to Implement County projects as well as projects for approximately 41 public and non-profit agencies. In preparing this year's appllcatlon, projects were soilcited for inclusion from both staff and the public. These Include: (I) MOOdy Street pedestrian Improvements (funds requested - $50,000); (2) Phase II of the roller hockey court at Arnold/Cypress Park (funds requested - $50,000); (3) a skate plaza facility (funds requested S25,000); (4) a nelghborhood clean-up program (funds requested: S25,000); (5) a Lincoln Avenue economic enhancement program (funds requested - $75,000), and (6) continued partlclpatlon In the county's housing rehabilitation program (funds requested - $75,000). A public meeting was also held to review proposed projects and to gather public input. AS a result, the following suggestions have been incorporated Into the proposed projects: (I) a concrete warm-up area to be Included In the roller hockey court application; (2) that the nelghborhood clean-up project be linked to the clty's proactive code enforcement efforts; (3) that economic development funds be sought for a revltallzation program targetlng Lincoln Avenue businesses. other ideas that could not be included, either because of time conflicts or because they fell outside of the "benefit area", included funds to repair the Senior Center floor and a request to fund miscellaneous improvements at the Boys & Girls Club. Total fundlng being requested for this application cycle Is $300,000. The County's accelerated deadline for submission of the current cycie's application was October 15, 1999. The current application packet was not released untll mid-September, 1999, and the County's Citizen Participation Plan suggests a 30-day noticing period before public hearings on CDBG applications are held. These factors and the cancellation of the first City Council meeting In October necessitates Council to review this item subsequent to submittal of the application to the County. County representatives have Informed staff that should Council have amendments to the projects subml~t:ed, they may be submitted tO the County after October 15, However, projects not included In the original aPPlication will not be accepted. staff's recommendation was that the city Council adopt the Resolution approving the Clty's participation In the Year 26 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. Councilmember Sondhl questioned whether the percentage of funding allocation defined by the County translated into priorities; Director Angus responded in the affirmative. Director AngUS responded that one of the faults In the process was the fact 13 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 that those priorities are not identified until late In the process, which results In a compressed time schedule In which staff must complete everything. councilmember Sondhl also asked about the designated "City Skate Plaza Facility", and whether It was Intended to supplement or replace other projects that have been proposed. MrS. AngUS responded that while there Is money designated for a skatepark, and while identifying a suitable Iocatlon for the facility has been ongolng, the possibility of establlshlng smaller skate facllltles throughout the City were considered. While the money for these would not be available until summer of 2000, now Is the appropriate time to apply. NO locations for these facllltles have been identified to date. Councilmember MCGIII questloned whether care of the City's parks could be funded by this grant; MrS. Angus responded that those types of expenditures were not authorized under this grant, and that the projects had to be of a construction nature to qualify. Councilmember McCoy wanted to know why the Councll's desires for these expenditures were not solicited In a city council Workshop prior to this procedure. It was his opinion that the Councli should have had the opportunity to provide some input into this process. Director Angus agreed with Councilmember MCCOV, noting that the process was not ideal this year because of time constraints caused by the County. She sald that staff takes direction from the Strategic Plan when Council Is not directly available to provide their input. Mr. Storey added that s~aff had discussed this problem previously, and that in the future the ma~er will be presented to Council at the time of budget preparation to avoid County time constraints, although Individual allocation amounts will not be available at that time. Councilmember McCoV said he would llke to see the City concentrate on improving "equal services' for all memberS of the community In relation to the City's parks. Councilmember Sondhl added that it's Important to keep In mind that uses of CDBG funds are limited in scope, and that many of those uses are restricted to low- to moderate-Income areas. Mayor Keenan opened the public hearing, and asked If anyone present wished to comment In favor of this Item. No one came forward to speak. The Mayor then asked if anyone wished to oppose this Item; no comments Were offered, and the Mayor closed the public hearing. A motion was made by Councilmember McGIII, seconded by Councilmember McCoy, and carried by the following roll call vote that the CI~/Council adopt the Resolution by title only, title as follows, approvlng the Clty's participation In the Year 26 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. 5166 A Resolution of the City Council of the city of cypress Approving the clty's Participation In the 26th Year HOUSing and Community Development BloCk Grant Program with the County of Orange AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: McCoy, McGllI, Sondhl, Plercy, Keenan None None DEFERRED BUSINESS: 18. Continuation of Deslqn Review Comml~ee No. 99-22. a Reauest to Replace a BelOW Ground Waste OII Storage Tank With an AbOve Ground Storage Tank at the Union 76 Gasoline Station, Located at 9500 Valley View Street. community Development DIrector Angus presented staff's report for this item, which had been continued because of concerns expressed by the Council. Councilmember McCoy had inquired why the existing below ground storage tank was being replaced With an above ground tank; which he felt to be less aesthetically pleasing. In response to these concerns, staff contacted the applicant. The rationale for replacing the below ground tank with an above ground tank was mainly due to environmental concerns. Below ground tanks can potentially leak and result In soil 14 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 contamlnatlon and a costly clean-up process. This possibility is eliminated through the insta~lation of an above ground tank. Staff's recommendation was that the City Council adopt the ResolutiOn approvlng Design Review Committee Permit No. 99-22, subject to the Conditions of Approval. Councilmember McCoy voiced the opinion that the real reason the applicant did not want to put the tank underground was not for environmental considerations, but because they did not wish to go to the expense of placing It underground. It was Councilmember McCoy's opinion that an oll storage tank should be stored underground, and that an above-ground tank had more of a chance to leak and result in spills, and to present more of an opportunity for vandalism. He said that the way underground tanks are now constructed are with a double-wall, to protect the soil In the event of a leak. BOth Councilmembers McGlll and MCCOy were of the oplnlon that the applicant should have attended the meeting to answer any of the Councll's questions. The Mayor observed that he did not necessarily believe the item should be continued and that he had enough Information to proceed, but he would go along with the motion to continue. Mayor Pro Tern Plercy said that she understood the concerns expressed by Councilmembers MCCOy and MCGII(, but that she felt there was enough information provided to make a decision without continuing the item. Because the applicant was not available, Councilmember MCGIll moved and Councilmember MCCOy seconded that the Item be continued until such time as the applicant could attend and address their concerns. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: MCCOy, MCGIII NOES: 3 COUNCILMEMBERS: Sondhl, Piercy, Keenan ABSENT: 0 COUNCILMEMBERS: None The Mayor asked Where the responslbillty lay for Inspecting oll storage tanks; Mrs. Angus replied those were completed by the Orange County. Health Services Agency. In response to another question posed by the Mayor, Mrs. Angus stated that staff had no concerns regarding the aesthetics of the tank, which Is situated In such a way to complement the existing structures. A motion was then made by Councilmember Sondhl and seconded by Mayor Pro Tern Plercy to adopt the Resolution by title only, title as follows, approvlng Design Review Committee Permit NO. 99-22, subject tO the conditions of Approval. Prior to a vote being taken, Councilmember MCGIII asked to make a comment. He stated that while he was not personally opposed to an above-ground tank, he didn't think waiting another two weeks to obtain some answers from the applicant was unreasonable. He noted that questions remained open regarding the condition of the existing underground tank. Councilmember McCoy was concerned with setting a precedent for allowing an above-ground tank that would be demanded by all gas station applicants in the future. Mayor Pro Tem Plercy said two separate Items were to be considered: (1) whether or not to allow the installation of the above-ground tank; and (2) the condition of the existing underground tank. She said some type of Inspection should be mandated to determine If contamination to the underground has occurred from the existing underground tank. The CIty Attorney Interjected that if the Council was going to Involve itself further In this type of environmental Issue, it was recommended that staff review and report back to the Council, prior to making any recommendations during the meeting. Director Angus added that a gentleman with much expertise and experience in oll tanks was present In the audience, and would be happy to answer any questions the Council would like resolved. Following the CIty Attorney's comments, Councilmember Sondhl and Mayor Pro Tern Plercy then withdrew the motion and second that had been made for approval of staff's recommendation. Counciimember Sondhl requested that Councilmembers McGIII and MCCoy provide staff with specific questions they wished to have resolved, either In the presence or the absence of the applicant, when the matter Is once again brought before the Council. A motion was then made by Councilmember MCGIII, seconded by Councilmember McCOy, and carried by the following roll call vote that the clty council continue its review of Design Review Committee Permit NO. 99-22, with Conditions, to its next regularly 15 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 scheduled meeting on Monday, November 8, 1999, and direct staff to return With Information regarding the status of the existing underground tank: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: McCoy, McGllI, Sondhl, Plercy, Keenan None None 19. Contlnuatlon of Amendment to Conditional Use Permit No. 98-15. a Resolution to Approve In Part and Deny in Pa~ a Reauest to Modify the Conditions of Approval Regarding Access and Fenclnq. Add MInor AUtO Repair. a Detail CanoDv. and Cargo Container to the ExlStlnq Ben Terrv's Truck Sales and RV Storage Site Located at 4902 Lincoln Avenue. Community Development Director AngUS provided staff's report for this application. She advised that at Its meeting held on September 27, 1999, the Ci~y Council held a public hearing to amend conditional Use Permit No. 98-15 for the proper~/located at 4902 Lincoln Avenue In the PC Planned Community Zone, Lincoln Avenue Specific Plan area. The amendment consisted of a request to (1) allow an access driveway at the south portion of the property onto BiShOp Street; (2) a request to delete the requirement for a six-foot (6') high block wall along the west property line; (3) permission to conduct light mechanical work and auto detailing onslte; (4) permission to allow an existing cargo container to remain onslte; and (5) permission to construct a new 858-square foot canopV on the site for an employee lunch area. After receiving public testimony, the CIty Council voted to approve in part and deny in part the appllcant's request. Council directed s~aff to return with a Resolution approvlng the request for a smaller canopy structure (no larger than 120-square feet In area, and subject to Design Review Committee approval), deleting the requirement for installation of a block wall along the western property line, and denying the requests for access to the property from Bishop Street, to perform mechanical work and auto detailing on the site, and to allow the storage container to remain on the proper~cy. Based on the above, staff was recommending that the CIW Council adopt the Resolution approvIng in part and denying In part the request for amendment to conditional Use Permit No. 98-15, subject to the conditions of Approval. Mrs. Angus advised that a Resolution had been prepared denying the request for the repair use of the facility, keeping It In line with the original Conditions of Approval. The request for the provision to allow the access to remain onto Bishop Street has also been denied. However, approval has been given to allow for fencing as opposed to a solid wall along the western proper~y llne and does approve a small canopy to be Installed to be used for an employee lounge area, as opposed to a detailing service area. The size of under 120 square feet has been recommended, which is an unlikely size under which to service a vehicle. The Mayor sald that the applicant had asked him what uses in regard to light maintenance were allowed at the site. Mrs. AngUS responded that typically permitted uses would be changing a battery, but not overhauling an engine. ALSO, changing a tire would be allowed, as would other uses compatible with a sales use. The Mayor requested that the allowed uses be delineated In a memo for the applicant. The Mayor then noted that the block wall fence would be required on the east side and the south side of the property, but not on the western side. He also noted that their unpermltted signage would be submitted for review, and their storage container will be removed from the site. A motion was made by Councilmember MCCOy, seconded by Mayor Pro Tern Piercy, and carried by the following roll call vote that the City Council of the City of Cypress adopt the Resolution by title only, title as follows, approvlng In part and denying in part the request for amendment to Conditional Use Permit No. 98-15, with conditions: Resolution NO. 5167 A Resolution of the City Council of the City of Cypress Approvlng in Part and Denying in Part Amendment to Conditional Use Permit NO. 98-I 5, with Conditions AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGllI, SondhI, Plercy, Keenan None None NEW BUSINESS: 16 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 20. A Zoning Determination to Allow the Addition of Martial Arts Studios to the List of Permitted Uses within the BP Business Park Zone. Alice Angus, Community Development Director, provided the staff report for this request. She advised that on September 22, 1999, Mr. lan Kang submitted a request for a zoning determination In order to establish a martial arts studio at the location of 10602 Walker Street. The property Is located Within the BP Business Park Zone. Under Section 3.3.B Of the Cypress Zoning Ordinance, if a specific type of use is not listed, the Director shall make a recommendation regarding the type of use to the Planning Agency. The Planning Agency shall have the authority to determine which listed use is most similar to the proposed use, and to determine further whether the proposed use is permitted, permitted subject to a Conditional use permit, permitted as a temporary use, or prohibited. After review of all uses permitted In the BP Business Park Zone, staff is of the opinion that a martial arts studio Is most similar to an indoor batting cage, In that both uses are of a recreational nature. Subject to the issuance of a conditional use permit, staff feels that the use should be permitted. Therefore, it Is staff's recommendation that the city council authorize the addition of martial arts studios to the list of conditlonally permitted uses within the BP Business Park Zone. The Mayor asked what types of conditions of Approval would be imposed on such a use. MrS. AngUS responded that If this request Is approved, those conditions will be formulated and submitted with the application for a conditional Use Permit If the applicant applies for same. Director Angus said that the Council Was being asked to consider this type of use appropriate for the entire BP Business Park Zone. In answer to a question asked by Councilmember Sondhl, the Community Development Director advised that a number of the Clty's current martial arts studios were located within various commercial zones, some are on LIncoln under the previous zoning, and that most of the uses are subject to a Conditional Use Permit. The Council was of the oplnion that the use was appropriate for the BP Business Park zone, and that it should not conflict In any Way with the currently allowed uses. A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember MCGilI, and carried bV the following roll call vote that the city council concur with staff's recommendation, allowing martial arts studios to be considered permissible within the BP Business Park Zone, subject to the issuance of a conditional use permit: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOy, McGilI, Sondhi, Piercy, Keenan None None 22. Request from the Su casa Family CriSls and Support Center for Waiver of the TempOrary use Permit Application Fee for the Display of a Banner for the 9th Annual Sue Casa Golf Tournament. The staff report for this item was provided by Alice Angus, Community Development Director. The request was received from the Su Casa Family Crisis and Support center, and asked for a Waiver of the $50.00 Temporary Use Permit application fee associated with the display of a banner advertising the Ninth Annual Su casa Golf Tournament that Was held on Monday, October 18, 1999. The SU Casa Family Crisis and Support Center provides services to Cypress residents such as providing a 24-hour crisis intervention hotline, temporary shelter, adult and teen counseling, and a transitional living program. Representatives from the center supply Cypress police officers with Information about domestic violence, and provide educational in-services to the officers on a yearly basis. The waiver/refund of this fee Is conslstent with previous requests for fee waivers for non-profit organizations received In the past. The Interim City Manager had reviewed the request In accordance with City Council policy, and forwarded It to the City Council for review and action. Staff's recommendation Was to waive/refund the $50.00 Temporary Use Permit fee. Councilmember McCoV asked if the Su Casa Center was based In or had a facility In Orange County; Chief Hensley responded that he was not aware of one. Chief Hensley added that the Clty's Domestic Violence Unit had a representative who participated in 17 CITY COUNCIL MEETING MINUTES OCTOBER 25, '1999 some of the Su Casa activities, and that Su Casa provided services to the cIW police on an "as needed" basis. The Mayor added that the golfing event was held In Cypress, as well. A motion was made by Mayor Pro Tern Plercy, seconded by Councilmember McGill, and carried by the following roll call vote to refund the Temporary Use Permit application fee for the display of a banner for the 9th Annual Su Casa GOlf Tournament: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: McCoy, McGllI, Sondhi, Plercy, Keenan None None 23. Review of Cypress CIty Code Section 2-2.22.1 Relating to Vacancy on Commissions upon Filing Nomination Papers for CIty Council. The staff report for this item was presented by Assls~ant to the CIty Manager Llu. Ms. Liu advised that the City current Code requires appointed City Commissioners to vacate his or her position on a CIty commission after filing nomination papers to run for the city Council. Mayor Pro Tern Plercy requested that this item be placed on the agenda for City Council's review. After the Mayor Pro Tem's request, staff conducted a comparison survey of other Charter cities throughout Orange County, and of other cities with similar characteristics of Cypress and of comparable size. overall, of the 15 cities surveyed, only ~vo, Santa Ana and Tustln, had similar policies; each was applicable when a candidate flied nomination papers for any elected public office. The City Of Santa Ana requires a one-year period to lapse between the time an Individual has ceased being a Commissioner and decides to run for office. All the other cities follow the Callfornla Government Code rules regarding candidacy for elected public office. Staff was recommending that the City Council discuss Section 2-22.22.1, Ordinance 751, related to the requirement for Cypress commissioners to vacate their positions upon filing for City Council candidacy, and provide direction to staff. The Mayor Pro Tern said she had requested thls item to be discussed because, under the City's current rule, some good commissioners had been lost just because they decided to run for City Council, and she did not think that was fair nor necessarily in the best interest of the City. DiSCUSSIOn followed In which it was the opinion of the council that the suggestion of the Mayor Pro Tern certalnly had merit. However, It was the consensus of the Council that the best interests of the City could be met only if the Individuals Involved concentrated on one item; i.e., either their commissions or a seat on the city council. It was noted that It would be too difficult for an Individual to pay proper attention to the business of a commission if that individual was preparing to run for the City Council. Therefore, the Council felt that the status quo should be maintained. A motion was made by Mayor Keenan, seconded by Councilmember McGlll, and carried by the following roll call vote that the City Council of the City of Cypress receive and file this item: AYES: NOES: ABSENT: 5COUNCILMEMBERS: OCOUNCILMEMBERS: 0COUNCILMEMBERS: MCCOy, McGIII, Sondhl, PlercV, Keenan None None 24. Approval of Commerclal Warrant LISTS for Warrant Nos. 39886 - 40405. A motion was made by Councilmember Sondhi, seconded by Councilmember McCoy, and carried by the following roll call vote (with Mayor Keenan abstaining on Warrant Nos. 39906, 39907, 39908 and 40185) that the City Council approve the City of cypress Commercial warrant LIst for Warrant NOS. 39886-40405, totaling S787,444.91, as presented: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: McCoV, McGllI, Sondhi, Plercy, Keenan None None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, ACting as the EX OffiCiO Governing Board of DIrectors. There were no matters to consider. 18 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress ClL-y Council, Acting as the Cypress Redevelopment Agency. There were no matters to consider. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: The following Commlt~ee Assignments were reported: Councilmember McCOy - Orange County Fire Authority meeting Is next scheduled for Thursday, October 28. Artended an Eagle Scout court of Honor In which the candidate set up a trial with guests playing the role of defense witnesses testifying as to why he should a~aln the rank of Eagle Scout. Councilmember Sondhl ~ Artended recent meetlng of the Orange County Airport Authority. The El Toro issue is heating up further. Many organizations are being formed, some of which desire to develop El Toro as an airport. Several alternative flight paths were presented at the meeting she artended. A subcommittee was appointed to Investigate the possibility of Investigating a JPA for the future of the El Toro Airport, and Commissioner Sondhl was appointed as a member of that subcomml~ee. Mayor Keenan - Four Councilmembers a~tended a League of CIties meeting held in San Jose. The Mayor commended Councilmember MCGIII for the nice le~cer he wrote to the newspaper explaining some of the things discussed at the meeting, which was found to be quite productive. He also complimented the presentation made at the Conference bV AliCe AngUS In regard to Specific Plans. The Mayor also artended a SCAG Transportation Meeting. The Regional Transportation Plan Is currently under development. Mayor Keenan also artended ~wo OCTA Board Meetings. A significant decision concerned the purchase by OCTA for a tentative fourth bus base in Santa Ana. Santa Ana has no bus base, but has the highest ridership In Orange County. The purchase was controversial, because the City of Santa Ana had the land earmarked for another use. At another OCTA Board meeting, an outside consultant's survey concerning potential riders along a proposed Centerline route was reviewed. It appears there Is a good deal of Interest In light rail In general. Potential locations to be accessed by light rail were identified Including Southwest Plaza, UCl MediCal Center, Disneyland, the Pond, downtown Santa Ana, Edison FIeld, the BlOCk, and the John Wayne AirpOrt area. Councilmember McGill - A~cended a memorial tribute at the Crystal Cathedral for DOris Allen, State representative for the City of Cypress for many years, and Speaker of the Assembly for a brief period of time. Shella Elkin Of the Cypress Chamber of Commerce was also In aL~endance, as was former Mayor of Cypress, Walt Bowman. Former Cypress Police Chief Daryl Wicker spoke at the service. Mayor Pro Tern Plercy a~ended the Red Ribbon Breakfast that morning. It was very well-a~ended. AS a teacher, she enjoys seeing the young people get Involved. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Allen Crowder, Cypress resident, reported that Peppertree had experienced a problem with grafflti, but that the City had responded quickly to clean it up. The Mayor reminded everyone to attend the Lincoln Avenue Streetscape dedication scheduled for Saturday, October 30, 1999, at the Clocktower, corner of Lincoln and WalKer. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. There were no wrl~en communications to consider. 19 CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 ADJOURNMENT: There being no further buslness to consider, the meeting was adjourned by Mayor Keenan at 10:08 p.m. to Monday, November 1, 1999, at 5:30 p.m. for a Redevelopment Implementation Ran Review Workshop In the Board RoOm, west Wing of CI~/Hall, 5275 Orange Avenue, Cypress. ATTEST: CITY CLERK OF THE CITY OF CYPRESS MAYOR OF THE CITY OF CYPRESS 2O