Minutes 2000-01-10CITY COUNCIL MEETING
CITY OF CYPRESS
January 10, 2000
CLAIMS
Rej. Claimof van Kampan
COMMENDATIONS
Adopt Reso. Commending Eagle Scout Jonathan David Sterk
COMMISSIONS
AppV. First Read. of Ord. Amend. City Code Relating to Youth Comm.
CONDITIONAL USE PERMITS
Cont. C.U.P. NO. 99-11 - Full-service Car Wash @ 5501-5601 Ball Road -to 1/24 mtg.
Adopt. Reso. Appving. C.U.P. 99-12, Req. to Const. Off. Bldg.ANarehouse @ 5440 Cerritos
Ave.
FINANCE
Receive/File November 1999 investment Rept.
AppV. Cornre. Warrant NOS. 40989-41333
PAGE
18
5
16-17
7-11
11-12
5
17
RECREATION AND PARK DISTRICT
Appv. Sr. Citizens Nutrition Amendment No. 2 to Agmt. with OCTA
SEWER
ADDv. First Read. of Ord, Amend. City Code Relating to Sewers and Sewage Disp.
P.W. Proj. NO. 9742
STREET IMPROVEMENTS
Accept CCOS & Cont. Acceptance of Contract for Lincoln Ave. Streetscape - P.W. Proj. NO. 9805
TRAFFIC
Appv. First Read. of Ord. Modif. Speed Limits/Adopt Reso. Accept. & Appvng. Changes
to Fed. Aid Funct. Class. Syst. Rel. to Grindlay St. & Myra Ave.
5
14-16
5-7
12-13
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 10, 2000
A regular meeting of the CIty of Cypress City Council was called to order at 5:30
p.m. on Monday, January 10, 2000, by Mayor Piercy in the Executive Board Room, West
Wing of City Hall, 5275 Orange Avenue, Cypress, California.
PRESENT:
PiercV
Councilmembers Keenan, MCCOy, Sondhi, Mayor Pro Tern MCGill and Mayor
AlSo present Were Interim City Manager Storey, City Attorney Wynder, and
staffmembers Liu and Sinn.
JOINT MEETING:
Mayor PiercV indicated that, at this time, the Cypress City Council was conducting a
joint meeting with the Cypress Traffic Commission for the purpose of discussing the
Commission's role in the General Plan Update and in future streetscape projects, and
asked for a roll call of the Commission.
PRESENT: Commissioners conde, Hawkins, Imanuel, and Chairperson Mansolino.
ABSENT: Commissioner Killlan
ITEMS OF DISCUSSION:
A. General Plan Update.
The City Council Was advised that work on the General Plan had progressed to the
point where traffic data will be analyzed and incorporated into a revision of the
Circulation Element. Traffic Chairperson Mansolino related that some major projects
developed in the past, including the Shaw Carpet Warehouse and Home Depot, had
involved some major traffic impacts. Despite this, however, the Traffic Commission had
not been involved in the development of the projects from their inception. It Was the
desire of the Commission to be included when projects containing traffic implications are
generated in the City.
community Development Director AngUS advised that the firm of Robert Bein,
William Frost & Associates was currently Working on the General Plan Update. MrS. Angus
said that when the Traffic Study portion is completed, it will be presented to the Traffic
Commission for review. MrS. AngUS also assured the Traffic Commissioners that future
workshops regarding HOUSing and Circulation issues will be presented to the Commission
for their input, in order to take advantage of the expertise of the Commissioners.
Councilmember McCoy asked in what role the Traffic Commissioners envisioned
themselves. The Commissioners responded that their role had been adequately detailed
by Mrs. AngUS, and requested to be included in matters affecting both traffic and parking
in the City. The Traffic Commissioners were given assurance by the City Council that their
input would be sought out more thoroughly for future projects.
B. ROle in Future streetscape Proiects.
A project which is scheduled to improve Ball ROad, including the construction of
raised landscaped medians, is planned as a Capital Improvement Project this year. This is
anticipated to affect the public right-of-way, in terms of having potential effects upon
traffic access issues, vehicle turns and Sight obstructions. The Traffic Commission
requested from the city Council direction as to its role in addressing these issues.
The Traffic Commission was advised by the council that its input will be solicited
on the Ball Road project as well as on future streetscape projects. In addition, a workshop
regarding the Ball Road project, with an emphasis on traffic issues, will be presented at
the first City Council meeting in February, and the Traffic Commissioners will be invited to
attend.
Further, the results of a recent traffic (speed) survey were disclosed. It was the
recommendation of the Traffic Commission that speed limits be increased on designated
CITY COUNCIL MINUTES JANUARY 10, 2000
areas of Ball Road, Cerrltos Avenue, Orangewood Avenue, Walker Street and Warland
Drive, but to leave the designated speed limit on Grindlay at 25 mph.
CLOSED SESSION:
FOllOWing the Joint Meeting of the City Council and the Traffic Commission, the
Council recessed at 6:05 p.m., in order to convene in closed Session to discuss the
following items:
Public Employee Appointment (CaI. Govt. Code§ 54957) Title: City Manager.
After meeting with Bob Murray of DMG Maximus, the City Council decided to
interview City Manager candidates on January 21, 2000, at 7:30 a.m.
Conference with Legal Counsel - Existing Litigation (CaLGovt. Code ,~ 54956[a]) - Name
of case: vincent C. Waiters, et al., v. city of cypress. et al. EDCV 99-13117-FMC(CTx)
Liability Claims (CaLGovt. Code ,~ 54956.95) - Claimant: NiCk Van Kampen Agency
claimed against: City of Cypress.
Because of time constraints, the Council decided to reconvene in Closed Session
after the close of business of the regular meeting, In order to consider the above two
Closed Session Agenda items.
7:00 P.M. SESSION:
PRESENT:
Mayor Plercy.
Councilmembers Keenan, McCoV, Sondhi, Mayor Pro Tern MCGill and
PLEDGE OF ALLEGIANCE: The Pledge Of Allegiance was led by Councilmember McCoV.
INVOCATION: The invocation was given by BiShOp Clark Boulton, The Church of Jesus
Christ of Latter-Day Saints, Cypress 2na Ward.
PRESENTATIONS:
Presentation of 1999 Community Traffic Safety Merit Commendable Award Plaque
by Oscar Valenzuela of the Automobile Club of Southern california.
On behalf of the Cypress community, the 1999 Community Traffic Safety Merit
Commendable Award was presented to Mayor Plercy by Oscar Valencla of the Automobile
Club.
Presentation of Mayor's Proclamation to Mr. Ron Hoshi, Recipient of Quarterly Ari's
Recognition Award.
Mr. ROn Hoshi, an outstanding and innovative high school teacher from the Oxford
Academy, was presented with a Mayor's Proclamation by Mayor Anna Piercy.
Recognition of Holiday Decorating Contest Winners: Sweepstakes Award - Dale &
Paula Buckhalter; Sweepstakes Award, Condo Category - Wilson Family and Anderson
Family; FirSt Place Business Award - Encore Cards, Gifts and Collectlbles.
The following Holiday Decorating Contest winners were commended for their
efforts in decorating for the holidays and were presented with awards by Mayor Anna
Piercy: Sweepstakes Award - Dale and Paula Buckhalter; Sweepstakes AWard - Condo
Category: Wilson and Anderson families. Presented with an award in absentla was Encore
Cards Gifts and Collectibles, which Won the First Place Business Award.
REPORT OF CLOSED SESSIONNVORKSHOP AGENDA:
The City Attorney reported that earlier In the evening, the City Council had met
with Bob Murray of DMG Maximus in Closed Session to discuss a Public Employee
Appointment for the City Manager position, in accordance with CaLGovt. Code ,~ 54957.
interviews for the position will be held on January 21.
Mr. Wynder added that because of time constraints, the Council will reconvene in
Closed Session after the regular business of the meeting, to consider the remaining two
Closed Session Agenda items.
Interim City Manager Storey reported that during a Joint Meeting with the Traffic
Commission held at 5:30 p.m., the City Councll had discussed the Traffic Commisslon's role
CITY COUNCIL MINUTES JANUARY 10, 2000
in the City's General Plan Update, its responsibilities in regard to the Ball Road project and
future streetscape projects, and the results of a recently conducted traffic speed survey.
ORAL COMMUNICATIONS:
speaking once.)
Limited to one-half hour. (Three minutes per speaker,
Mayor Piercy opened the Oral Communications session, and asked if there was
anyone present who wished to speak on an item not included on the evening's agenda.
FirSt tO speak was Robert Sunwall, Cypress resident. Mr. Sunwall said that his wife
had been very sick since Christmas, but sent her congratulations to Mayor PiercV. He said
that was the only message he had; that he had brought messages before which were
ignored by other Councilmembers. The Mayor assured him that the Council will listen to
him any time he wishes to comment.
NeXt tO speak was a man who requested to remain unidentified, as he feared
retaliation. The gentleman was present to complain about right-to-life proponents who
continually demonstrate at the corner of Orange and Grindlay. He related incidents of
harassment by these individuals that he had experienced and observed while recently
taking a walk in the neighborhood. He was accosted by individuals who spoke to him and
thrust a baby doll into his face, which, he maintained, represented an aborted fetus. He
observed a member of the demonstrating group jump in front of a car attempting to
enter the CIInlc's parking lot, and begin Veiling. The gentleman said that while he
supports the concept of "freedom of speech", no one has the right to interfere with the
progress of citizens minding their own business, and no one has the right to resort to
intimidating measures.
The gentleman also said that the group does not "own" the intersection at orange
and Grindlay, and suggested that the protest be rotated to take place at different
intersections throughout the City. He maintained that it was no longer a Police
Department issue, but was up to City leadership to assume responsibility for the problem.
The Mayor reported that there was a fire in one of the local neighborhoods on
Christmas morning. She received a call from one of the neighbors, who called her to
commend the excellent service and response received from the Fire Authority.
Councilmember MCCoV noted that he would be happy to relay that message to the
Fire Authority, but observed that there was a representative of that agency in the
audience who would pass the word along.
Councilmember Keenan announced that a food drive program had been launched
by America's Harvest, entitled "Y Go 2 Waste", which was collecting surplus canned goods
from those who stockpiled an excess of same for Y2K. Cans have been set up in City Hall,
at the Senior Center, and at the Community Center which will remain in place until
February 1st.
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.
Both Mayor Pro Tem MCGill and Councilmember Sondhi asked that Item NO. 3 be
pulled from the consent Calendar.
A motion Was made by Councilmember Keenan and Seconded by Councilmember
McCoy tO approve Items I through 6, with the exception of Item 3. The motion was
carried by the following roll call Vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOy, Sondhi, McGilI, Piercy
None
None
Item NO. 1. Approval of City Council Minutes of the Regular Meet ntis of
December 13, 1999, and December 27, 1999.
Recommendation: That the City Council approve the Minutes of the Regular City
Council Meetings of December 13, 1999, and December 27, 1999, as submitted.
Item NO. 2. Motion to Introduce and/or AdOpt All Ordinances and ReSolutiOns
Presented for Consideration by Title Only and to Waive Further Readinq.
3
CITY COUNCIL MINUTES JANUARY 10, 2000
Item No. 4. Adoption of Resolution Commending Boy Scout Jonathan David
Sterk on Attaining the Rank of Eagle Scout.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, commending Eagle Scout Jonathan David Sterk:
Resolution NO. 5184
A Resolution of the City Council of the City of Cypress,
Commending Boy ScOUt Jonathan David Sterk on
Attaining the Rank of Eagle Scout
item No. 5. Review of Monthly Investment Program for the Month of November,
1999.
Recommendation: Receive and file.
Recreation & Park DiStriCt Matters:
Item No. 6. Approval of Senior Citizens Nutrition Amendment No. 2 to
Agreement NO. C-8-0189 with the Orange County Transportation Authority, Extending the
Term of the Agreement to June 30, 2000.
Recommendation: That the City Council, acting as the ex officio governing Board
of Directors for the Cypress Recreation and Park District, approve Amendment No. 2 to
Agreement NO. C-8-0189 with the Orange County Transportation Authority extending the
term of the Agreement through June 30, 2000, with no changes to the cost per passenger
trip or to the terms and conditions of the Agreement. The City pays $1.28 per passenger
trip.
Item NO. 3. Acceptance of Contract for the Construction of the Lincoln Avenue
Streetscape, Publlc Works Project NO. 9805.
This item had been pulled by Mayor Pro Tern MCGill and Councilmember Sondhi.
The Mayor Pro Tem said he had pulled the item to have the Interim City Manager provide
an itemization of how the 5 million dollars for the Lincoln Avenue Project had been
expended. He also asked the City Manager to provide information regarding the cost of
Anaheim's Disneyland area redevelopment project, as well as any information he had
regarding redevelopment in the City of Brea.
Mr. Storey responded they had not yet received the information from the cities of
Anaheim and Brea, but that it should be available at the next Council meeting. However,
for the Lincoln Avenue Project, the funds were spent on storm drains ($600,000), traffic
mitigation measures (to include a three-lane highway in the future) including the
installation of a median ($1.2 million); street paving and curbs ($800,000); lighting
installation and improvements; installation of traffic signals ($1.1 million); the balance of
funds were spent on landscaping and other streetscape improvements.
Councilmember Sondhi related that she pulled the item in order to obtain
clarification regarding the requirement for City Council approval on Change Orders in
excess of 10% or $20,000 in aggregate. In particular, she was questioning Change Orders
27-31, which were under review. She suggested that the City Manager explain the
approval process for change orders.
Mr. Storey responded that when a Change Order is presented to Council, it will be
classified in one of two general categories. One would be listed under a contract
approved With a typical 10% contingency amount included to cover any unforeseen
expense. If the Change Order is classified in that area, any Change Order under 5% or
$5,000 in aggregate is approved by the Public Works Director and the Director of Finance
& Administrative services, as the contingency has already been approved by the Council.
For a change order under 10%, or $20,000 in aggregate, it is approved by the previously
mentioned individuals and by the City Manager. Change Orders greater than $20,000 up
to $50,000 which have a need for Immediate action (in which there is a potential for
substantial added cost or a threat to public safety) require the approval o~ the Public
Works Director, the Director of Finance and Administrative Services and the City Manager
followed by a subsequent report to the Council as an information item. Mr. Storey also
advised that any change Order exceeding $50,000 will require prior City Council approval
prior to authorization.
He further explained that Change Orders in excess of the budgeted amount or
authorized contingency, in an amount of up to $20,000 can be approved by the City
4
CITY COUNCIL MINUTES JANUARY 10, 2000
Manager in cases where there is an immediate threat to the public safety. The matter can
then be taken to the City Council for approval at the next scheduled meeting.
Councilmember Keenan noted that a wall had been damaged on the northeast
corner of Walker and LIncoln, and expressed the wish that the responsible contractor be
asked to repair it prior to the city granting final approval for the project. Public Works
Director Sinn responded that the damage was the result of a traffic accident. The City
Manager interjected that the City had made a final walk-through with the contractor, and
that any repair Is now the City's responsibility.
Councilmember Keenan remarked on the excellence of the LinCOln Avenue Project,
and observed that the redevelopment projects in the Cities of Anahelm and Brea cost ten
times or more the amount of the Lincoln Avenue streetscape, which had been completed
for 1 million dollars under the budgeted amount. He opined that the tax revenue alone
generated by Home Depot will be enough to offset the cost of the Lincoln Avenue
Project.
Councilmember MCCOy mentioned an area on the southwest corner of Lincoln and
Denni, where some brickwork had been installed. He Said he Was concerned with the
area, because a white, powdery substance was seeping to the surface, and said that he
would be unwilling to sign off on the project until the problem had been corrected. Mr.
Storey said that personnel would be dispatched to the location to hose off the substance.
Councilmember MCCoV responded that merely hosing it off would not be adequate. He
said that a plastic layer should have been installed prior to laying the brickwork, as the
substance tended to Surface in various areas of Cypress from below ground level.
councilmember Sondhi mentioned the disparity in the color of the lights along
Lincoln Avenue, noting that they were two different colors. The Interim City Manager
responded that the contractor had installed the lights in accordance with the
specifications provided for the project. In addition, EdiSOn installed lights according to
its own specifications. The Interim City Manager also mentioned that staff Is currently
investigating whether or not there would be any cost benefit over the years in making
changes to the lighting.
Staff's recommendations were that the city Council: 1) Approve Contract Change
Order Nos. 26 through 31, for the Lincoln Avenue Streetscape Contract, Public Works
Project NO. 9805, tO Hillcrest Contracting, P.O. BOx 1898, Corona, CA, 91718, in the amount
of S107,178.22; 2) ACCept the improvements and 31 related Change Orders for Lincoln
Avenue Streetscape, Public Works Project NO. 9805, as being satisfactorily completed in
conformance with the project specifications in the final amount of $5,119,000.68; 3)
Approve the final retention payment of S511,900.07 to Hillcrest Contracting, P.O. BOx
1898, Corona, CA 91718, 35 days after the Notice of Completion is filed, if no claims or
objections have been filed, and upon the Director of Public Works' concurrence; and 4)
AuthOriZe the City Clerk to release the Labor and Materials Bond and the Faithful
Performance Bond upon expiration of the required lien period, if no claims or objections
have been filed, upon the concurrence of the Director of Public Works.
Because of the concerns expressed, the consensus of the Council was that the first
recommended Item be approved, while the remaining three items be continued to allow
the problems identified to be rectified.
A motion was made by Mayor Pro Tern MCGill and seconded by Councilmember
Keenan that the City Council approve Contract Change Order Nos. 26 through 31, for the
Lincoln Avenue Streetscape Contract, Public Works Project No. 9805, tO Hillcrest
Contracting, P.O. Box 1898, Corona, CA, 91718, in the amount of $107,178.22 and continue
consideration of Staff recommendations for Items 2 through 4 of the subject staff report
until the time that the CIty Council's concerns have been adequately addressed. The
motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, Piercy
None
None
Prior to consideration of the Public Hearing items, Councilmember Keenan paused
to commend Jonathan Sterk on achieving the rank of Eagle Scout, which the Council had
approved earlier as a Consent Calendar item. The Mayor echoed these congratulations;
mentioning that she will be attending Jonathan Sterk's Court of Honor and noting that he
was a former student of hers.
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER
SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
CITY COUNCIL MINUTES JANUARY 10, 2000
7. PUbliC Hearing Regarding Conditional Use Permit No. 99-11, Request to
Replace Three (3) Existing Commercial Buildings with a Full-Service Car Wash Building and a
Retail Commercial and Automotive Service Building, Located at 5501-5601 Ball ROad.
Prior to consideration of this item, Mayor Piercy announced she would not be
participating in the public hearing for Conditional Use Permit NO. 99-11. The Mayor is a
property owner residing within 300' feet of the proposed development. Therefore, a
potential conflict of interest resulted, which was the reason for her recusal. The Mayor
Pro Tern, therefore, conducted the public hearing.
Community Development DIrector AliCe Angus presented the staff report for the
project. MrS. AngUS related that the applicant was proposing to demolish three existing
commercial buildings at 5501-5601 Ball Road, and to replace them with a full-service car
wash and a retail commercial and automotive service building.
The project is consistent with all zoning designations in place for both the
Commercial General Zone and the Neighborhood Commercial Land Use Category of the
General Plan. In accordance with the requirements of CEQA, a noise study was completed
and mitigation measures imposed to minimize the effect of any noise upon the
surrounding neighborhood. In addition, following completion of a traffic study, the
parking was configured to adequately address any potential traffic impacts.
Staff met with the applicant three times over the past several months in
continuing efforts to refine the project, and the applicant has been cooperative in
making revisions where indicated. MrS. AngUS reported that the project conforms to the
land use provisions of the General Plan and Zoning Ordinance. With the conditions of
approval, the project complies with all City Codes and development Standards. The
architectural design features of the proposed project represent a revitalizatlon of the
subject property. Therefore, staff's recommendation was that the City Council:
1. Adopt a Finding of De Minimls Impact, approve the Negative Declaration
and Mitigation Monitoring Program, and direct staff to file a Notice of Determination and
De Minimus Impact Exemption with the County Clerk-Recorder; and
2. AdOpt the Resolution for approval of Conditional Use Permit No. 99-11,
subject to the conditions in "Exhibit A" of the Resolution.
FollOwing staff's presentation, Mrs. Angus clarified the location on the map of the
wall and landscaped area in relation to Walker Street for councilmember Sondhi, who
then queried the anticipated traffic volume for the project.
Serine Clandella, Traffic Consultant, addressed the Council to respond to this
question and provide further input. Ms. Clandella stated that a trip generation estimate
for the project had been developed, which included the amount of traffic associated
with the project; this was approximately 900 trips per day, which translates to about 450
cars on the site each day. That number included employees. Their study also indicated
that the traffic generated by the project would not have a negative impact upon the
adjoining intersections.
Councilmember Keenan questioned the adequacy of the parking, and was
informed by MrS. Angus that it exceeded the required amount. He was also concerned
about the rear landscaping. MrS. Angus responded that the applicant designed the
landscaping to conform with the City of Cypress Zoning Code requirements for
commercial property adjacent to residential development.
The Mayor Pro Tern asked if a reduction In the wall height would reduce the noise-
mitigating benefits of the wall. Mrs. Angus responded that it would not be possible to
reduce the entire wall, as part of it was included in the actual Structure of the car wash
building. The noise issue was referred to the noise consultant.
Next tO address the COUnCil was Hans Jiroux of Jiroux and Associates, noise
consultants. Mr. Jiroux responded that dropping the wall would result in a notch cut out
of the connection, which would have an unclerefrained aesthetic result. He also stated
that the loss of any noise benefit would be minimal, provided the wall remain at a 16'
height. He explained that the bulk of noise-reducing benefit would be in the first 14' of
the wall.
When asked by the Mayor Pro Tern, Mr. Jiroux responded that their
recommendation was that the noise generated by the proposed operation not exceed
the existing level. The Mayor Pro Tern also had concerns about the hours of operation
proposed by the applicant, and their attendant noise impacts upon the neighborhood.
CITY COUNCIL MINUTES JANUARY t0, 2000
Following this discussion, the Mayor Pro Tern opened the public hearing and
requested the applicant to address the Council.
Max Ahmadi introduced himself as a consultant working with the applicant, Doug
Browne. He maintained that after extended and numerous meetings with staff, the
project was in compliance with all requirements of staff and the Zoning Code. He
provided responses to the Council's concerns as follows: (1) the height of the building was
determined by industry standard, and was required for the equipment it housed; (2) the
other architectural elements were designed with OSHA requirements in mind; and (3) the
design was effected to minimize any noise impacts on the surrounding properties. (4) The
20' landscaped area was designed according to the requirements of the Cypress Zoning
Code. Cypress trees will be planted to buffer the broad expanse of the wall, and will assist
in noise reduction. (5) In regard to traffic concerns, he said he did not agree with the 450
cars-per-day figure mentioned by the traffic consultant. He stated that the uses of the
site had been designed to complement each other, which would result in trip reduction.
(6) He advised that the architecture of the project was done in the Mediterranean-style,
which was designed to successfully blend with the dwelling units in the neighborhood.
Mr. Ahmadl then registered objections to two of the 76 Conditions of Approval.
The first of these was Condition NO. 1, which contained an indemnification clause. The
second objection was to Condition NO. 55, which referred to the allowed hours of
operation. It was his opinion that Condition was pre-empted by Condition NOS. 46, 47, 48,
49 and 50.
The City Attorney responded that the condition regarding indemnification was a
standard one, is not all-encompassing, and was included with all City projects. In
particular, it dealt with the environmental review undertaken by the City on behalf of the
applicant.
Next tO address the Council was DOug Browne, the applicant. Mr. Browne said that
the project had been reworked several times to avoid any situations which may
potentially annoy the neighbors. He explained that the height of the building was
necessary for sound mitigation, as well as for the concealment of equipment. Mr.
Browne questioned the adequacy of the noise study, observing that he was not sure the
noise mitigation level of the masonry wall had been specifically addressed.
Mr. Browne said he also questioned the requirement for the 20' landscape buffer
to the rear of the project, but that it had been included to comply with the Code. He
Said it would be landscaped with variegated planting material to be aesthetically pleasing.
Next tO speak was Dale Meyers. Mr. Meyers stated that he was not personally
affected by the project, but was present to object to it on behalf of his father-in-law, who
was a property owner residing within 300' of the proposed project. Mr. Meyers'
objections were as follows: (1) The car wash will attract immigrant labor, who will need
places to eat and go to the restroom, and a lot of car washes don't supply adequate
facilities for those purposes; (2) noise generated by the project; (3) dirt and hazardous
waste resulting from the use; (4) he doesn't like cypress trees; (5) traffic issues attendant
to the project; and (6) the height of the proposed wall.
Next to speak was Ken Ardlle, who claimed that the wall to be installed would
block the breeze to his backyard. Further, it was his opinion that employees of the car
wash will eat their lunches and void their bladders on the landscaped area. He was also of
the opinion that the landscaped area will become a repository for trash. Horns will
disturb the peace and quiet of the neighborhood.
Speaking for the project was Gus Fernandez, who identified himself as the realtor
who represented the Sellers Of the property. He said the property owners conjoined the
three parcels for sale in order to attract a buyer who develop the property with a viable
and aesthetically-pleasing project. Mr. Fernandez said that all the concerns raised at the
meeting have been previously addressed, and worked out with staff to comply with City
requirements. He said that the applicant had the best project of all the potential
purchasers of the property.
Vasquin (last name unintelligible), 8469 Beach Circle, was next to speak. He spoke
on behalf of the project, stating that he was associated with the applicant. He further
said that there would be no storage in the rear, and that any waste generated at the site
would be collected and recycled. He said there would be sufficient restroom facilities, so
that no employee would urinate outside on the property. Further, the employees would
eat their lunches in the area designated for that purpose. He also said that all types of
people would be employed, and not just "immigrants."
7
CITY COUNCIL MINUTES JANUARY 10, 2000
Sergel (last name unintelligible) next spoke to council, stating that he had a car
repair business. He also supported the project. He sald that any oil waste or other debris
is removed from the property by companies with which they have contracted.
The Mayor Pro Tern asked Mr. Browne to step forward once again. He projected a
site plan to show the location of the various items in question. Mr. Brown responded to
the concerns as follows: (1) The State of California required that a Water Quality
Management Plan be prepared by the applicant, which contains provisions for the
disposal of hazardous waste; (2) the landscaped area will be used as a buffer, only, as
required by the City's Municipal Code. No storage of any hazardous waste will occur
there; (3) No exhaust fans will be installed on the roof of the structure; (4) all air-
conditioning equipment will be entirely enclosed, in order to mitigate any noise; (5) the
site can be configured to address any traffic concerns, including the question of a left
turn onto Walker Street, and (6) he was not certain how to address Mr. Ardile's breeze-
blocking allegation.
FOllOWing Mr. Browne's presentation, the Council held extensive discussion, during
which several major issues of concern to them were raised. These included: (1) Proposed
hours of weekend operations; (2) ensuring that a restroom for employees be
constructed; (3) review of the structure height and setback requirements; (4) possibility of
using trees other than Cypress in landscaped area, (5) providing that no left turn from
the facility onto Walker Street be allowed; (6) addressing a potential security issue in the
rear of the facility; and (7) ensuring that no storage be allowed in the landscaped area
behind the site. Because so many significant concerns needed to be addressed, the
consensus of the Council was to continue the item.
A motion was made by Councilmember Keenan and seconded bV Mayor Pro Tern
MCGill that the City Council continue the Public Hearing on Conditional Use Permit NO. 99-
11, to the meeting of the Council scheduled for Monday, January 24, 2000, at 7:30 p.m.
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: MCCOy, Keenan, Sondhi, MCGIII
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBER: Piercy
RECESS:
At 9:45 p.m., the Mayor Pro Tern recessed the meeting for a two-minute break.
The meeting was reconvened at g:55 p.m.
8. Public Hearing Regarding conditional Use Permit No. 99-12, Request to
Construct a 72,417 Square Foot OfficeNvarehouse Building at 5440 Cerritos Avenue.
The staff report for this item was presented by Community Development Director
AngUS.
Director AngUS advised that the project had been submitted on behalf of Ushio
America, Inc., by Nick Adachi Architects. The plan was to construct a 72,417 square foot
two-story office building/warehouse at 5440 Cerrltos Avenue, with the Planned Business
Park Zone (PBP). The applicant intends to develop the land in two phases; the application
currently under review covers Phase I of the project, and encompasses 4.0 acres of the
property in question.
MrS. Angus advised that the proposed development meets all of the criteria set
forth in the City's Zoning Ordinance, and is consistent with the city's General Plan. It also
falls under the Los Alamitos Race Track and Golf Course Redevelopmerit Project Area Plan,
and is consistent with all of its goals and policies. Further, in accordance with CEQA, an
Initial Study and Mitigated Negative Declaration have been prepared for the
development, and all mitigation measures have been included in the project's Conditions
of ApprOval.
Because of the foregoing, staff's recommendation was that the City Council: (1)
Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in
accordance with the requirements of the California Environmental Quality ACt (CEQA); and
(2) Adopt the Resolution approving Conditional Use Permit No. 99-12, subject to the
conditions attached as "Exhibit A."
Following Staff's presentation, the Council had several questions. Councilmember
Keenan asked about the future street widening of Cerritos Avenue, and inquired as to the
source of the additionally required 12'. In response, MrS. Angus said that part of the land
CITY COUNCIL MINUTES JANUARY 10, 2000
would be dedicated for this purpose, that no widening would be performed by the
applicant, but would be done by the City when indicated in the future.
Councilmember Sondhi asked about traffic-related issues, and was informed by the
Public Works Director that those matters will be addressed during the final design
planning process. She also asked some questions regarding the Conditions of Approval
regarding whether showers would be installed on site (COA No. 122) and asked for some
Specific information regarding hazardous materials (COA NOS. 101-102). In response to the
former, Mrs. Angus stated that there were no plans at this time for any showers; in
reference to the latter, the Community Development Director stated they could relate to
cleaning materials. In both cases, the Conditions discussed were standard for most
businesses.
The Mayor then requested that the applicant step forward. Mr. Nick Adachi of Nick
Adachi ArChiteCtS addressed the Council, explaining that he represented the applicant,
Ushlo America, Inc.
Mr. Adachi pointed out on the site plan where the 12' street-widening dedication
would originate.
In response to a question posed by Councilmember Keenan, Mr. AdaChi responded
that the project would be a consolidation necessitated by the growth of Ushio and its
recently acquired Christy Corporation. Mr. Adachi also told the Council that Ushio has no
immediate plans regarding the Second phase of development for the project. However,
Mr. Adachi said that he would request the applicant to effect some improvements to
improve the visual impact of the site's vacant area designated for Phase 2.
The Mayor opened the public hearing and asked if anyone wished to speak in favor
of the project.
Mary Crowder, Cypress resident, stepped forward and offered her support. She
said she would like to See the corner developed, as It was "one of the worst, unsightlious
(s/c) places there ever Was."
No further comments were offered, and the Mayor closed the public hearing. The
Councilmembers commented on how gratifying it was to See a Cypress-based business
expand and remain in the City.
A motion was made by Councilmember Keenan and seconded by Councilmember
McCoy that the City Council of the City of Cypress adopt the Resolution bV title only, title
as follows, approving Conditional Use Permit NO. 99-12, with Conditions:
Resolution NO. 5185
A Resolution of the City Council of the City of cypress,
Approving Conditional Use Permit No. g9-12, with Conditions
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, Piercy
None
None
NEW BUSINESS:
9. Approval of 1999 Engineering and Traffic Surveys; Approval of Ordinance
Modifying Various Speed LimitS; and Adoption of Resolution Approving Changes to the
Federal Aid Functional Classification System within the City of Cypress.
The staff report for this item was presented by Public Works Director Jeff Sinn. Mr.
Slnn advised that the 1999 engineering and traffic (speed) surveys have been completed
by the traffic consultants, Albert Grover and Associates. Traffic counts within the City
were also updated as part of that survey.
The speed surveys allow the Police Department to legally enforce speed limits
when using radar. The Courts will not uphold a speeding citation issued with the use of
radar, unless the posted speed limit is substantiated by a speed survey. Current law
mandates that the speed surveys be conducted every 7-10 years.
AS a result of the speed survey, the following changes in the speed limits were
recommended: Ball ROad: Valley View to Holder Street - increase from 40mph to 45mph;
Cerritos Avenue: Bloomfield to Denni Street - increase From 40mph to 45mph;
CITY COUNCIL MINUTES JANUARY 10, 2000
Orangewood Avenue: West City Limit tO KnOtt Avenue - increase 35mph to 40mph; Walker
Street: Crescent Avenue to Xatella - increase 40mph to 45mph; Warland Drive: Katella
Avenue to Valley View - increase 25mph to 35mph.
AlSO recommended in the survey was increasing the posted speed limit of 25 mph
on Grindlay Street from LinCOln Avenue to Ball Road to 35mph. It was felt that the
Grindlay speed limit was better left at 25mph. In order to do this and still allow the
enforcement of traffic citations at that speed, a Caltrans representative advised staff that
the City must pass a resolution identifying Grindlay as a local collector street. Once that
has been accomplished, the resolution will be forwarded to Caltrans. Caltrans, in turn,
will forward the resolution to FHWA Headquarters, who will reclasslfy the street from the
designation assigned in the 1970s.
DiSCUSSiOn occurred among the Councilmembers, who were generalIV not in favor
of increasing the Speed limits. Safety issues in relation to such an action were discussed,
and the Councilmembers wanted to know if the speed limit will be increased every time a
future speed Survey discloses an increase in the speed drivers are traveling. When asked,
the Chief of Police stated that his personal preference was not to increase speed limits.
However, he noted that the police department must be allowed to use radar if traffic
citations are to stand up in court. The Councilmembers noted their desire that the speed
limit on Grindlay remain unchanged.
Staff's recommendation was that the City Council (1) Approve the 1999 Engineering
and Traffic Surveys and approve the first reading of the attached ordinance amending
Chapter 16, Article XV Of the Code of the CiW of Cypress, modifying various speed limits;
and (2) AdOpt the Resolution approving changes to the federal aid functional
classification system within the City of Cypress:
At the conclusion of staff's report, Mark Miller of Albert Grover & Associates
introduced himself. Councilmember Keenan questioned whether Warland could support
a 35 mph speed limit, in light of all its curves. He stated that he was a registered traffic
engineer, that he drove all the streets himself, and that, in his opinion, it could. He
added that under the California Vehicle Code, drivers are required to drive according to
existing conditions.
In response to a question posed by the Mayor, Mr. Miller stated that the surveys
were not customarily done at peak traffic hours, because of the congestion on the roads.
A motion Was made by Councilmember Keenan and seconded by Councilmember
MCCOV that the City Council of the City of Cypress approve the First Reading of an
Ordinance of the City Council of the City of Cypress, Amending Chapter 16, Article xv, of
the Code of the City of Cypress MOdifying Speed Limits at Various Locations, by title only,
title as follows:
Ordinance NO.
An Ordinance of the City Council of the City of Cypress,
Amending Chapter 16, Article XV, of the Code of the City of Cypress,
Modifying Speed Limits at Various Locations
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, Piercy
None
None
A motion Was made by Councilmember Keenan and seconded by Councilmember
MCCOV to adopt the Resolution by title only, title as follows, Accepting and Approving
Changes to the Federal Aid Functional Classification System Relating to Grindlay Street
and Myra Avenue:
Resolution NO. 5186
A Resolution of the City Council of the City of Cypress,
Accepting and Approving Changes to the Federal Aid
Functional Classification System Relating to Grindlay Street
and Myra Avenue
10
CITY COUNCIL MINUTES JANUARY 10, 2000
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, Keenan, Sondhl, McGilI, Piercy
None
None
10. AdOptiOn Of Ordinance Amending the City Code to Revise the Sewer
Maintenance Fee, Public Works Project NO. 9742.
Public Works Director Jeff Sinn presented the staff report for this item.
Mr. Sinn stated that the City's current sewer maintenance fee is intended to
provide for the routine bi-annual cleaning of the Clty's sewer main line system. The
sewer fund, however, Is becoming dependent upon the General Fund for subsidization. It
has, therefore, become necessary to raise the fee, to better provide for escalating
maintenance costs resulting from inflation, emergencies, and repair of known
deficiencies currently existing In the sewer system.
Mr. Sinn reminded the Council that workshops concerning the need to revise the
City's fee structure were presented to the City Council on AugUSt 9 and November 22,
1999. During those workshops, several alternatives were presented for the Council's
consideration.
At the close of the second City Council workshop, "Alternative 5", which provides
for fully-funded operations and maintenance plus a reserve for emergencies, repair of
sewer "hot spots" and pro-active repair of the sewer system, was determined to be the
most efficient and preferred level of sewer service to be funded. It was also decided that
the fee increase will be implemented in three phases to occur over the course of a year's
time. The alternative chosen will have the following provisions:
February 23, 2000: $0.078 will be charged per 100 cubic feet of water usage,
except for metered irrigation usage (this includes a reserve for emergencies);
August 23, 2000:S0.109 will be charged per 100 cubic feet of water usage; except
for metered irrigation usage (this includes funding repair of known problem areas);
February 23, 2001:S0.140 will be charged per 100 cubic feet of water usage, except
metered irrigation usage (this represents full funding for pro-active repair).
After February 23, 2000, the sewer fund will be reviewed every five years.
The estimated revenue to the City will generate an approximate S125,891 during
the first six-month phase, S175,924 during the second six-month phase, and an estimated
annual revenue generation thereafter would be $451,916 during the third phase. For
Southern California Water Company to implement the collection of the revised fees, it
would cost S5,500 for the Phase 1, $4,200 for Phase 2, and $4,200 for Phase 3; a total of
approximately S13,900. In comparison, the cost for a one-time, non-phased fee increase
would cost the City S5,500.
It was staff's recommendation that the City Council approve the First Reading of
the Ordinance amending Section 22-1 of the Code of the City of Cypress, providing for a
revised sewer maintenance fee.
Councilmember McCoy Was opposed to the fee increase, saying the fee
represented a 150% increase. He felt that other avenues exist for obtaining the funding
which had not been adequately explored. He suggested that grant funding possibilities
be investigated, and noted that the City of Buena Park had obtained such funding for its
sewer system. Councilmember MCCOy said that when previously discussed at the
workshops, the Council was advised that the Sewers Should last another 50 years in their
present condition. He therefore questioned why the fee increase had to be
implemented at this time, when the economy is good, and he wanted to know how long
the current $.50 rate had been in place.
Mr. Storey responded that the S.50 rate had probably been in place since the early
1960s.
Mr. Sinn said the issue was before the Council at this time, because the fact that
the sewer fund is running at a deficit, and needs to be corrected. He suggested that
imposing the fee increase during a period of relative prosperity would be a better
alternative than imposing it during a difficult economic period.
11
CITY COUNCIL MINUTES JANUARY 10, 2000
Mr. Storey added that the S.50 fee was sufficient until the early 1990s. However,
since that time, the cost of operations has significantly increased, and expenditures have
exceeded revenues. Further, the sewer fund has been reduced from $600,000 to
$300,000, also resulting in a lowering of Interest income. This is a serious situation if an
emergency should occur.
Mayor Piercy interjected that the City of Buena Park received its grant From the
Orange County Sanitation District (OCSD), because that agency is encouraging cities to
maintain their infrastructures. She stated that the grants being awarded cover only a
percentage of the costs required to repair the infrastructures. In reply to a question
posed by Councilmember McCoy, Mayor Plercy advised that the city wlll be applying for
funds from the Orange county sanitation District in the current year.
Mr. Sinn advised that the Sanitation DiStriCt iS mainly concerned with "infiltration
and inflow (l&l)." He indicated that the OCSD has expressed some interest In maintaining
additional flow; and ensuring that groundwater be prevented from impacting its system;
in particular, the outflow system to the ocean.
A motion was made by Councilmember Keenan and seconded by Councilmember
Sondhi that the City Council approve the first reading of an Ordinance, by title only, title
as follows, amending Section 22-1 of the Code of the City of Cypress, providing for a
revised Sewer Maintenance Fee.
Ordinance NO.
An Ordinance of the City Council of the City of cypress,
Amending Section 22-1 of the Code of the city of Cypress
Relating to Sewers and Sewage Disposal
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
I COUNCILMEMBER:
0 COUNCILMEMBERS:
Keenan, Sondhi, McGllI, Piercy
MCCOy
None
11. Amendment to Youth Commission Ordinance to AllOW for Two (2) Alternate
Youth Commissioners In Addition tO the Currently Allowed Seven (7) Youth
Commissioners.
The staff report was presented to the Council by Assistant to the City Manager
June Llu. MS. LIu advised that three recommendations from the Recreation and
Community Services Commission regarding the city's Youth Commission were presented
to the Council in 1999. These were:
1. Expand the Youth Commission to add two (2) alternate members in addition
to the seven (7) regular members;
2. Expand the term of office of the Youth commissioners from one (1) year to
two (2) years; and
3. Change the age eligibility criteria for membership on the Youth
Commission to include students in junior high School.
The City COunCil, however, only approved the first of those recommendations;
that two (2) alternative members in addition to the seven (7) regular members be
appointed. In accordance with that direction, an ordinance had been prepared
reflecting the revision. Staff was recommending that the City Council introduce for the
first reading the Ordinance expanding the membership on the youth commission to
include two (2) alternative Youth Commissioners in addition to the seven (7) regular
members.
At the close of staff's presentation, Councilmember Keenan moved to approve the
recommendation, noting that it was a "housekeeping matter"; and observing that it was
gratifying to involve more youth in the City of Cypress. Mayor Pro Tern McGill provided a
second to the motion. Prior to a Vote being taken, Councilmember Sondhi observed that
there was a typographical error in the Ordinance. DiSCUSsion of this matter resulted in
the following change being made to the language of the Ordinance:
"...Section 2-91. Composition and appointment of members.
The youth commission shall consist of seven (7) members and two (2) alternate
members. Each member and alternate member of the youth commission shall be a
12
CITY COUNCIL MINUTES JANUARY 10, 2000
resident of the city at the time of appointment, and during the entire tenure of service
on the commission, shall not be a member of any other city board or commission, and
shall be nominated for such position by one or more members of the City Council
based on the recommendation of the Recreation and Community Services
Commission..."
FOllOwing this discussion, the amended motion to approve the First Reading of an
Ordinance to approve the FirSt Reading of an Ordinance, by title only, title as follows,
Amending Subsection 2-91 of Article IX of the Cypress City Code, Relating to Youth
Commission, carried bV the following roll call vote:
Ordinance NO.
An Ordinance of the City Council of the City of Cypress, California,
Amending Subsection 2-91 of Article IX
of the Cypress City Code, Relating to Youth Commission
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, PlercV
None
None
12. Approval of Commercial Warrant Lists for Warrant NOS. 40989 - 41333.
A motion was made by Councilmember Keenan, seconded bV Councilmember
McCoV, and carried bV the following roll call vote (with Councilmember Keenan abstaining
on Warrant NOS. 41022, 41163 and 41213), to approve the City of Cypress Commercial
Warrant List for Warrant Nos. 40989 - 41333, totaling Sl ,168,443.23:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoV, Sondhi, McGill, Plercy
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.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the
Cypress Redevelopment Agency.
There were no matters to consider.
REPORT BY COUNCIL REPRESENTATIVES ON COMMITTEE ASSIGNMENTS:
The Mayor asked for reports from the Councilmembers on their respective
committee assignments.
Mayor Pro Tern McGiil - Artended grand opening of local census bureau office in
Garden Grove. Encouraged everyone to participate in 2000 Census.
Councilmember Keenan - Artended State League Policy Committee Meeting for
Transportation, Communications, Public Works of which he is a member. State
Republican Caucus representative also attended to identify party priorities. League was
not pleased with Governor Davis' State of the State speech, in which he admonished cities
for not expending monies earmarked for transportation funding. League was unhappy
with this allegation, as there are no such funds available, and will be responding with a
letter to the Governor. League wants it to be known that 98% of funds made available
for roads are spent by cities every year, and that any funds currently available are at the
State, and not the local, level.
AlSO artended Orange County Transportation Authority Board meeting. Board was
reorganized. Chairperson is Lorraine Cook from Fountain Valley; Vice-Chairperson is Mike
Ward from the City Of Irvine. Also discussed OCTA website, available at www.octa.net.
Location of road closures will be added shortly. OCTA one of only four transportation
agencies nationwide with electronic bidding for contractors.
Mayor Piercy - Artended meeting of the Orange County Sanitation DiStriCt prior to
Christmas. Routine matters considered. Y2K preparation discussed. OCSD decided to
support Groundwater Replenishment System. Attempting to purchase land to dispose
appropriately of biGsolids.
13
CiTY COUNCIL MINUTES JANUARY 10, 2000
At-tended dedication of the Anaheim Convention Center and lighting of the tower.
NOt quite complete; but is anticipated to be largest convention center In the State. Had
student artwork on display in front of the ballroom of the facility.
Artended New Year's Eve Party sponsored by the Parks & Recreation Committee at
the senior Center.
ORAL COMMUNICATIONS: For matters not on the Agenda
Alan Crowder, Cypress resident, addressed the Council. Mr. Crowder chided the
Council for the long period of time it spent considering Agenda Item NO. 7, then
ultimately continuing it. He enumerated the times each speaker spent discussing the
matter, and noted that the Council appeared to have "spun your wheels" on it.
Councilmember Keenan observed that the Council's intent was to fine-tune the
project, to insure that it is a workable project.
WRITTEN COMMUNICATIONS: For matters not on the Agenda
There Were no matters to consider.
RECESS: At 11:15 p.m., Mayor Piercy recessed the meeting, to allow the City
Council to reconvene in Closed Session for the purpose of discussing the remaining two
items on the Closed Session Agenda.
Conference with Legal Counsel - Existing Litigation (CaLGovECode § 54956.9[a])
Name of Case: Vincent C. Waiters, et al. v. City of cypress, et aL EDCV 994 3117-FMC(CTX).
Liability Claims (CaI. Govt. Code§ 54956.95) Claimant: NiCk Van Kampen Agency
claimed against: City of cypress.
Returning to open session at 11:22 p.m., the City Attorney reported that the
Council authorized an additional attorney in the Waiters v. City of Cypress case, and
unanimously rejected the claim of NIck Van Kampen.
ADJOURNMENT:
At 11:23 p.m., Mayor Piercy adjourned the meeting to 7:30 a.m. on January 21,
2000, for the purpose of conducting interviews for the position of City Manager.
A'R'EST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
14