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Minutes 94-09-12 216 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 12, 1994 The Regular Meeting of the Cypress City Council was called to order at 4:05 p.m., Monday, september 12, 1994, In the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Richard partin presiding. PRESENT: ABSENT: Councllmembers Age, Bowman, Kerry, Nicholson and Partin None Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney James Rourke and staff members Eynon, storey, Thornberry and Dellalonga. WORKSHOP SESSION: Status of Wicker Drive properties/Financial Status of the Redevelopment Agency. The City Manager introduced the workshop session as an uPdate for the Council on the status of the Redevelopment Agency, with special emphasis on the Wicker Drive properties. The Finance Director distributed written material on the update and he asked Council for some direction on how the money should be expended In the project areas because the five year implementation plan required has to be adopted by Council before the end of the year. He compared the original tax Increment estimates of $160,000,000. to the current projections that have been recalculated to $57,000,000. He explained why the Wicker Drive properties are so important to the Redevelopment Agency. He referred to the outstanding debt and the Interest amounts that would continue to be charged and grow for the next 15 years. The Planning Director advised that staff will return to Council for identification of the distribution of monies. RECESS: Mayor partin recessed the meeting at 5:25 p.m. to allow the Council to move to the Council Chamber. At 5:35 p.m., Mayor Partin reconvened the meeting with all Council members present. Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney Jim Rourke and staff members Bacock, Chrlstoffels, Krauss and Llu. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR THE DESIGN OF A FREESTANDING PUBLIC RESTROOM AND A GROUP PICNIC FACILITY TO BE LOCATED IN VETERANS PARK. PUBLIC WORKS PROJECT NO. 9403: The Public Works Director summarized the staff report dated August 29,1994, which advised that veterans Park Is within the Phase TWO improvements Including the construction of a restroom and picnic shelter. Proposals have been obtained for the design of a free-standing public restroom and a group picnic faclllty to be located In this park. Six architectural consultants responded to the scope of work and Ron Yeo's proposal ranked highest based on his extensive experience with similar projects. After a Question and answer period, Council member Bowman expressed some reservation about the covered picnic area. The Public Works Director stated that this Is just the design contract and the only money available this year would be for the restrooms. The design of the picnic area could be brought back to Council for review. The City Manager mentioned that they have been advised by the county they will fund a portion of this project. It was moved by Council member Kerry and seconded by Council member Bowman that the City Council award a contract for the design of a free-standlng public restroom and a group picnic facility to be located in veterans park to Ron Yeo, FAIA Architect, Inc., 500 Jasmine Avenue, Corona Del Mar, CA 92625, in the amount of $23,000 <Account Number 4186-12-532-29l. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF FRANCHISE TO INSTALL AND MAINTAIN BUS SHELTERS IN THE CITY OF CYPRESS. PUBLIC WORKS PROJECT NO. 9411: The City Manager called upon the pUblic Works Director to present the staff report dated september 2, 1994, which indicated that two proposals were received from Metro Display Advertising and Patrick 1 CITY COUNCIL MINUTES 21 ~ september 12, 1994 Target Media for the Installation and maintenance of bus shelters In the City of Cypress. He understood that Council had received a letter from one of the companies requesting a postponement of the action. The City Manager advised that a letter had just been received from Metro Display Advertising requesting a continuance. The Public Works Director recommended that the Council review the Information before them. Staff has reviewed the proposals and felt that the Patrick Target Media was the best of the two. It was moved by Council member Kerry and seconded by Council member Nicholson to award a franchise to Patrick Target Media, 1539 W. Orangewood Avenue, orange, CA 92668, per the details In the City's ReqUest for Franchise Proposals and the terms of their proposal as outlined in this report and direct the City Attorney and City Staff to prepare the necessary agreement for execution by the Mayor and City Clerk. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Personnel Director mentioned that a gentleman in the audience had asked why he wasn't able to speak on this issue and he left. Councllmember Kerry stated they didn't realize anyone was here. After some discussion between Council members and a recommendation by the Acting City Attorney, It was moved by Councilmember Kerry and seconded by Councilmember Bowman to reconsider this item. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin 1 COUNCILMEMBERS: Age o COUNCILMEMBERS: None It was moved by Council member Kerry and seconded by Council member Nicholson to continue this award of the bus shelter franchise to the meeting Of September 26,1994. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: CONSENT CALENDAR: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin 1 COUNCILMEMBERS: Age o COUNCILMEMBERS: None 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. Council member Nicholson asked that Items NO.9 and 10, Consideration of Claims Filed by Farldeh Warda and Francisco Mejia, be removed from the Consent calendar. It was moved by Council member Bowman and seconded by Council member Kerry to approve the Consent calendar Items NO.3 through 13 with the exception of Items NO.9 and 10. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.3: Motion to APprove City Council Minutes of August 22, 1994 and August 29, 1994. Recommendation: That the City Council approve the Minutes of the Regular Meeting of AugUst 22, 1994 and the Adjourned Regular Meeting of August 29,1994, as submitted. Item NO.4: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented for Consideration by Title only and to Waive Further Reading. Item NO.5: Consideration of Adoption of Resolution Commending Eldrlck "Tiger" Woods, 1994 U.S. Amateur Golf Champion. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eldrick "Tiger" Woods, 1994 U.S. Amateur GOlf Champion. 2 218 CITY COUNCIL MINUTES septernber12,1994 RESOLUTION NO. 4360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING ELDRICK "TIGER" WOODS, 194 U.S. AMATEUR GOLF CHAMPION. Item NO.6: Consideration of proclaiming september 17 - 23,1994, as "Constitution Week." Recommendation: That the Mayor and City Council officially proclaim September 17 - 23, 1994, as "Constitution Week" In the City of Cypress. Item NO.7: Consideration of proclaiming October 1994, as "Escrow Month." Recommendation: That the Mayor and City Council officially proclaim October 1994, as "Escrow Month" In the City of Cypress. Item NO.8: Consideration of proclaiming October 1994, as "Independent living Month." Recommendation: That the Mayor and City Council officially proclaim October 1994, as "Independent Living Month" in the City of Cypress. Item No. 11: Consideration of Approval of the Repair and Resurfacing of the Police parking Deck Contract specifications, and Authorization to Solicit Bids IPublic Works project NO. 9246l. Recommendation: That the City Council: 1) Approve the repair and resurfacing of the Police parking deck contract specifications IPubllc Works project NO. 9246); and 2) Authorize staff to solicit bids for the project. Item No. 12: Consideration of Appointments to the 1994-95 Youth Commission. Recommendation: That the City Council ratify the recommendations of the Recreation and community services Commission for the 1994-95 Youth Commission and Task Force as outlined In the report. Item No. 13: Consideration of Renewal of Non-Exclusive Taxicab Franchise - A-AAA Yellow cab, Inc. Recommendation: That the City Council authorize a one-year renewal of the non- exclusive Taxicab Franchise issued to the A-AAA Yellow cab, Inc., to expire on June 12, 1995. END OF CONSENT CALENDAR Regarding Items NO.9 and 10, Consideration of Claims Filed by Farideh Warda and Francisco Mejia, Council member Nicholson Questioned the status of those claims and the City Manager replied that they were claims that have been settled. Councllmember Kerry expressed her approval of settling small claims by City staff rather than going through a major process. It was moved by Council member Nicholson and seconded by Councilmember Kerry to receive and file the claims of Farideh Warda and Francisco Mejia. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORDINANCES ISecond ReadlnQ): It was moved by Councilmember Kerry and seconded by Nicholson to order the fOllowing ordinance read by title only, title as fOllOWS and to adopt the ordinance amending APpendix I, "Zoning" of the Code. ORDINANCE NO. 923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS BY THE AMENDMENT OF SECTION 15.3.C, "SPECIAL PURPOSE SIGNS," "SALE SIGNS". 3 /- / d 4 21$ CITY COUNCIL MINUTES septernber12,1994 The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at 6:10 p.m. to enable the Council to enter Into Closed Session to discuss those agendlzed Items of: Liability Claims (Government Code Section 54956.95) Thomas S. SChmidt vs. City of Cypress and Conference with Labor Negotiator IGovernment Code section 54957.6l. The meeting reconvened at 7:35 p.m. with all Council members present. Also present were the City Manager/City Clerk, Acting City Attorney and staff members Bacock, Chrlstoffels, Eynon, Krauss and storey. PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Nicholson. PRESENTATIONS: Mayor Partin commented and shared with the community a tribute on the loss of a member of the official City family, Traffic Commissioner David D. Garber, who perished In the U.S. Air crash near Pittsburgh last Thursday. Traffic Commissioner Ed Betar also paid tribute to his former colleague. Mayor Partin dedicated the Council meeting of september 12, 1994 to Traffic Commissioner David D. Garber. Mayor Partin then presented a Resolution of Commendation to Scott WIlliam Fitzgerald upon attaining the rank of Eagle Scout. The Mayor called upon the City Manager to explain the publiC hearing notice on an impending zone change regarding the warland/Cypress Business Center. The City Manager then outlined on the wall map, the parcelS of property under the Development Agreement indicating there would be no effect on the residential property. The zoning only reflected a change in the Agreement with the developer of the properties. Two residents from the Sunshine Tract had some Questions and comments arising out of the wording in the public hearing notice. These Questions were answered by the Planning Director and the City Manager. Mr. Mark Armbruster, attorney for Cypress Land, speaking for Cypress Land and Warland Investments, assured the audience that in one case It was the extension of an existing Development Agreement and, In the other, a new Development Agreement which sets forth the rights to develop the property in the future. RECESS: Mayor Partin recessed the meeting at 7:55 p.m. to allow members of the audience to disperse. The meeting reconvened at 8:00 p.m. with all Council members present. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Council member Kerry described the ceremony at the Cypress Golf Club held for Eldrlck "Tiger" Woods, a Cypress resident, who won the U.S. Amateur Golf championship, the youngest person to do so. She mentioned those organizations who had donated toward the event and acknowledged Ned Fox and cindy warren for giving many hours of their time to make this tribute a success. Council member Bowman announced that the final Cypress POPS Orchestra concert was given on saturday, september 10 with POSSibly the largest crowd yet in attendance. Mayor Pro Tem Nicholson mentioned that the Cypress Civic Theatre celebrated Its 17th anniversary with the production of "Barefoot in the park," dedicating that performance to Peter Lachlna. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. The City Manager reported on the Workshop session held with the Council In the Administrative Conference Room on the Wicker Drive Properties and the financial status of the Cypress Redevelopment Agency dealing with the Cypress Civic center, Sorrento 4 220 CITY COUNCIL MINUTES september 12,1994 Homes, the Cypress School District properties, Lincoln Avenue and LOS Alamltos Race Track. There were a series of discussions on the financial implications of these agency areas and further discussions will be held In the future. Council also discussed the redevelopment Implementation plan, which is required to be adopted before the end of the 1994 calendar year. He then summarized the actions taken by the Council during the 5:30 p.m. portion of the agenda. The City Manager reviewed those discussions held during the Closed Session on a lIablllty claim flied by Thomas Schmidt and Mr. Bacock, Agency Negotiator, reviewed with Council the status of the labor negotiations with the employee organizations. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: DEVELOPMENT AGREEMENT NO. 94-1. CYPRESS CORPORATE CENTER. SOUTHEAST OF THE INTERSECTION OF VALLEY VIEW STREET AND KATELLA AVENUE: PORTIONS OF WARLAND/CYPRESS BUSINESS CENTER. SOUTHWEST OF THE INTERSECTION OF VALLEY VIEW STREET AND KATELLA AVENUE: Mayor partin opened the public hearing. The City Manager requested the Planning Director summarize the staff report dated september 7,1994 which represented a request by Cypress Land company to enter into a development agreement with the City of Cypress. The proposed agreement pertains to properties located within two business park areas known as the Cypress corporate Center and the warland/Cypress Business Park. NO new significant Impacts or conditions were introduced; therefore, in accordance with the requirements of the california Environmental Quality Act (CEQA), a Negative Declaration will be filed for this project. Essentially, for a 15 year term, the proposed development agreement "locks in" the zoning, density, building setbacks, building heights and related design guidelines as established in the applicable Specific Plans and other existing development regulations. The proposed agreement further ensures that any City Fees Imposed on the development would be reasonably related to the requirements and costs for which the fees are imposed. The proposed development agreement established a long-term contract for the development of the remaining undeveloped portions of the Cypress Corporate Center and three portions of warland/Cypress Business Center. Staff believed that such a development agreement Is appropriate and supported the approval of Development Agreement No. 94-1, between the City of Cypress and Cypress Land company. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the SUbject parcel. TO date, staff has not received any communication regarding the proposed project. The City Attorney recommended the following language be Inserted in the agreement: "The City Council approve the Development Agreement as submitted to the Council subject to such changes, corrections and additions as approved by the City Manager and City Attorney or Acting City Attorney relative to Cypress Land Company saving and holding the City harmless from any claims." Mayor Partin asked If anyone wished to speak in support or In opposition to the application. No one did so. Mr. Brian Harvey, Cypress Land company, assured the council and the residents that they will continue to keep their high standards and make every effort to bring revenues Into the City. It was moved by Councilmember Bowman and seconded by Council member Kerry to close the public hearing, adopt a finding of de Minimis Impact, approve the Negative Declaration and direct staff to file a Notice of Determination and de Minimis Impact Exemption; and approve the first reading of the Ordinance by title only, title as follows, approving Development Agreement No. 94-1 with Cypress Land company, including the "hold harmless" language as suggested by the Acting City Attorney. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DEVELOPMENT AGREEMENT NO. 94-1 BETWEEN THE CITY OF CYPRESS AND CYPRESS LAND COMPANY. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 5 c_/ ,..,)/"0' 221 CITY COUNCIL MINUTES septernber12,1994 CONSIDERATION OF PUBLIC HEARING RE: DEVELOPMENT AGREEMENT NO. 94-2. WARLAND/CYPRESS BUSINESS CENTER. GENERALLY LOCATED AT THE CORNER OF KATELLA AVENUE AND VALLEY VIEW STREET AND KATELLA AVENUE AND KNOTT STREET: The public hearing was opened by Mayor Partin. The Planning Director described the staff report dated August 26,1994, which represented a request by Warland Investments company to enter into a development agreement with the City of Cypress for the development of their properties located within the warland/Cypress Business Center. She mentioned that staff had received some phone calis as a result of a misunderstanding and a lack of clarity in the public hearing notice. There were Questions and explanations given on the 300 foot radius, why some people were notified and some weren't, and the proximity to the Los Alamitos Air Reserve Center. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. The proposed development agreement "locks in" the zoning, density, building setbacks, building heights and related design guidelines as established in the specific Plan and the "existing Development Regulations" of a 15 year periOd. Although the agreement protects the interests of the developer, it also provides benefits for the City. The development agreement required the developer to cooperate with the City by contributing to a fund designed to pay for the promotion and marketing of the Cypress Business park. The proposed development agreement establishes a long-term contract for the development of the remaining portion of the warland/Cypress Business Center. Staff believed that such a development agreement is appropriate in t!1is case and therefore supports the approval of the Warland/Cypress Business Center Development Agreement NO. 94-2. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. Staff has, to date, received no comments on the development agreement. The Acting City Attorney entered into the record the same language as previously stated: "The City Council approve the Development Agreement as submitted to the Council SUbject to such changes, corrections and additions as approved by the City Manager and City Attorney or Acting City Attorney relative to the property owner saving and holding the City harmless from any claims." Mr. John Law, CO-Manager/Director for Warland Investments, voiced his appreciation to the City staff for their consideration and are happy to join in the effort to contribute to a fund to promote the City, specifically the Cypress Business park. He believed it was a fair and balanced agreement. NO one else wished to speak In support of or In opposition to the proposed agreement. Responding to Councilmember Age'S Question on promoting the business park and If the two companies would be asked for their input, the City Manager answered that these were the first two development agreements where this has been a requirement. If other developers come forward to obtain developments agreement, similar requirements would be Included. Council member Bowman elaborated on the provisions that were different in this agreement as compared to the previous agreement and he commended the Warland company. Councilmember Age stated that Cypress Land has also worked very hard to bring revenue into the City. Council member Kerry explained that a development agreement stated that what this Council has agreed to a future Council cannot change because the particular tenant wanted assurance. It was moved by Council member Bowman and seconded by Council member Kerry to close the public hearing, adopt a finding of de Minimis Impact, approve the Negative Declaration and direct staff to file a Notice of Determination and de Minimis Impact Exemption; and approve the first reading of the Ordinance by title only, title as fOllOWS, approving development Agreement No. 94-2 between the City and warland Investments, including the language suggested above by the Acting City Attorney. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DEVELOPMENT AGREEMENT NO. 94-2 BETWEEN THE CITY OF CYPRESS AND WAR LAND INVESTMENTS COMPANY. 6 222 CITY COUNCIL MINUTES septernber12,1994 The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94.13. SINGLE.FAMILY RESIDENCE WITH ACCESSORY LIVING QUARTERS AND SECOND FLOOR BALCONIES. 8722 ACACIA DRIVE: The pUblic hearing was declared open by Mayor partin. The Planning Director summarized the staff report dated August 15, 1994, which represented a request to construct a 6,650 square foot single family residence containing a second floor balcony, along with detached accessory living Quarters containing a second floor balcony located at 8722 Acacia Drive. In accordance with the requirements of the california Environmental Quality Act, this project has been determined to be categorically exempt, Class 3. This application Is before the Council because accessory living Quarters and second floor balconies that face the side or rear both require conditional use permits. Staff has determined that the accessory living Quarters and second floor balconies are consistent with the Cypress Zoning Code and; therefore, support the granting of this conditional use permit for the construction of a single-family residence, detached accessory living Quarters and for two second floor balconies. Mr. Rick Dirksen, the project architect, 6236 Grant street, Chino, representing Mr. James Williams, volunteered to answer any Questions from the Council. Mayor Partin asked If anyone wished to speak in support of or opposition to the project. Ms. Maria Dantzma, Acacia Drive, asked if the 12 garage car would be for storage purposes or for a private collection. Council member Kerry responded that the property owner is a antique car collector. Ms. Carol Williams stated she will be living on the property and they are collectors of antique cars and the vehicles on the property are for the owners personal use. She volunteered to answer Questions. Mr. Larry wuebker, 8661 Acacia Drive, Cypress, expressed his support of the project, but he did mention that the storm drains need to be redesigned. He stated nothing was said about the end of the street and he was curious what the City's plans are for the turn around. The Public Works Director responded that staff will consider this Issue and report back to Council. It was moved by Councilmember Age and seconded by Council member Bowman to Instruct staff to file a Notice of Exemption from the california Environmental Quality Act with the county of orange; and adopt the Resolution by title only, title as fOllOWS, approving Conditional Use permit No. 94-13, subject to conditions. RESOLUTION NO. 4361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94.13 - WITH CONDITIONS. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94.14. DESIGN REVIEW COMMITTEE NO. 94.16. AND VARIANCE NO. 94.4. TWO.STORY ADDITION TO AN EXISTING SINGLE. FAMILY HOME. INCLUDING A SECOND FLOOR BALCONY AND VARIANCE FOR A REDUCED SIDE YARD SETBACK. 8571 LA HOMA STREET. CYPRESS: The Mayor opened the public hearing. The City Manager asked the Planning Director to review the staff report dated September 1, 1994, which represented a request to build a two-story room addition onto an existing one.story single-family home at 8571 La Homa Street. Included are requests for a second stOry balconY/deck facing the south sideyard and a variance to allow a first floor, five foot sldeyard setback. ACCording to the requirements of the 7 <,.' /, If 22~ CITY COUNCIL MINUTES septernber12,1994 California Environmental Quality Act, this project Is considered Exempt, Classes 1 and S. TVplcally, two-stOry room additions only require approval by the Design Review Committee and placement on the Consent Calendar of the next available City Council agenda. In this case, however, the proposed project Included design issues which triggered a conditional use permit and variance. In consideration of the proposed project, staff believed that the project Is consistent with the medium density residential zoning and Is designed to minimize Impacts on adjacent neighbors. Notices of this publiC hearing were published, posted and mailed to all property owners within a 300 foot radius. As of the date of this staff report, no public comments have been received. Council member Kerry Questioned the difference In roof styles between the existing structure and the proposed addition. The Planning Director remarked that the architect Is In the audience and could comment or a general condition could be added that states the roof lines must match. Mr. Mike Tekstra of Mcintosh & Tekstra, the architects for the project, explained that the roof was a cost Issue at this time and the Intent Is to modify the front of the house to match the rear portion at a later time. After some further discussion about the roof lines the Planning Director suggested that a bond be posted for five years and at the end of five years, the pitch of the roof would have to be changed. Mr. Tekstra continued and stated that there were some conditions that hadn't been resolved with staff. Those conditions would require another 15% of the total project cost and he requested that consideration of the project be continued. Mayor Partin asked If anyone else wished to speak and no one spoke either In support of or opposition to the request. It was moved by Councilmember Nicholson and seconded by Council member Bowman to continue this Item to the Council meeting of september 26, 1994. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECONSIDERATION OF COOPERATIVE AGREEMENT FOR TARA VILLAGE APARTMENT COMPLEX. 5201 LINCOLN AVENUE. CYPRESS: The Finance Director presented the staff reports dated August 11 and August 30,1994, which addressed the specific concerns Identified by the Council at the August 22, 1994 meeting. The applicant had submitted a packet for Council review, which Intended to provide additional Information on the non-profit organization as well as the financial Implications of the project. The specific concerns were the financial impact on the City and the Cypress School District, can the units be counted towards the City's requirement for providing moderate Income units and Information on the non-profit organization. Staff had reviewed the information packet submitted and supported approval of this project. Mr. Bill Hirsch, Foundation for Social Resources, Inc., S200 warner Avenue, Huntington Beach, answered Questions from the Council. Responding to Councllmember Kerry regarding the mention of a youth education program, Mr. Hirsch said there were no guarantees of a program and any program they have reviewed Is far too costly. Mr. Jim Dellalonga, Redevelopment Technician, summarized the number of low Income housing units the City would need within the next 10 years and how Tara village could be used to satisfy that requirement. Council member Age stated that she Is not comfortable with the project, the City has met their housing element and she did not want to see the tax revenues taken away from the school district. It was moved by Councllmember Age and seconded by Councllmember Nicholson to deny the cooperation Agreement with the County of orange for the issuance of financing bonds for the purchase of the Tara Village Apartment Complex. The motion unanimously carried by the fOllowing roll call vote: 8 224 -, CITY COUNCIL MINUTES september 12,1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUED CONSIDERATION OF UPDATE REGARDING CONDITIONS OF HOTELS/MOTELS ON LINCOLN AVENUE: The City Manager presented the staff report dated AUgust 19,1994, which responded to a request by the City Council to address the health, safety and fire Issues Immediately and placing importance on land use and transient occupancy tax Issues. Staff is acting on City Council concerns regarding immediate fire, health and safety concerns by confirming that fire code violations have been corrected and by prioritizing the hotel/motel sites based on health and safety danger. AdditionallY, staff Is preparing a priority action list which will be based on input from all departments in the task force. The Planning Director advised that the Police Department has provided an updated report for the past year on the crime statistics for each of the motels/hotels. It was moved by Councilmember Nicholson and seconded by Council member Age to receive and file this report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR STREET SWEEPING PARKING RESTRICTIONS ON ORANGE AVENUE BETWEEN WALKER STREET AND VALLEY VIEW STREET: The Public Works Director summarized the staff report dated september 1,1994, which described a request received by the Traffic Commission for street sweeping parking restrictions on orange Avenue between Walker and valley View Streets. The Traffic Commission requested a survey be completed of the Impacted residents to determine what their opinion was on this issue. At its meeting of AugUst 16, 1994, the Traffic Commission reviewed and discussed the survey results and the comments made on the survey cards. After discussion, the Traffic Commission unanimously agreed that orange Avenue between Walker and valley View Streets be swept on a weekly basis between the hours of 8 a.m. and 12 noon. They also stated this section of orange Avenue should be swept on a different day than the surrounding areas and that the two sides of orange Avenue be posted on separate days. It was moved by Council member Nicholson and seconded by Councilmember Kerry to concur with the recommendations of the Traffic Commission for the implementation of street sweeping on orange Avenue between Walker Street and valley View street, with the north side of the street being swept on Wednesdays from 8 a.m. to 12 noon and the south side of the street being swept on Thursdays from 8 a.m. to 12 noon. A resident at 5871 orange Avenue, Cypress, reported that he was unable to attend the Traffic Commission meeting. He suggested that perhaps the people that are working and unable to move their cars during working hours were unable to attend the meeting. He had responded negatively to the survey and he enumerated the four points he made in opposition to the sweeping. Mr. Ed Kratt, 5851 orange Avenue, Cypress, expressed his opposition to having to find a place to park for street sweeping on orange Avenue because there is no parking on the south side of the street. The motion was unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF ZONING DETERMINATION REQUEST. BINGO GAME USE WITHIN A COMMERCIAL ZONE: The City Manager asked the Planning Director to present the staff report dated september 7, 1994, which represented a request for a zoning determination to allow bingo game operations in the CG.10,OOO Commercial General Zone. The proposal represented only an Interpretation of the City of Cypress zoning Ordinance, not consideration of a specific project. A zoning determination is not considered a "project" according to the requirements of the california Environmental 9 ~5 CITY COUNCIL MINUTES septernber12,1994 Quality Act. Therefore, no environmental documentation Is required for the subject zoning determination. The Cypress High School Athletic Booster Club plan to initiallY operate bingo games eight hours per day, two days per week. The applicant also Indicated verbally that he would like to add more bingo days for other non.profit organizations until eventually bingo games would be held for up to seven days per week. Although the sUbject request is a determination for a specific commercial zone, staff also analyzed bingo game operations for consistency and compatibility In all commercial zones. Staff believed that bingo game operations conducted more than one night per week go beyond the classification of an accessory use. Although similar to other permitted uses within commercial zones, a larger scale bingo operation could have significant Impacts on surrounding uses both on. and off'slte. These potential Impacts could be determined and possibly mitigated on an Individual site.by-slte basis through the conditional use permit process and associated environmental review process. However, the commercial neighborhood zone may be unsuitable for bingo operations due to the close proximity of residences and the limited parking availability in the smaller scale of developments contained within this zone. Therefore, staff believed bingo operations conducted more than one night per week shOuld be permitted, subject to a conditional use permit, In any commercial zone, except the CN. 10,000 Zone. Mr. Dave Kinney, president of the Cypress High SChool Band and pageantry Booster Club, asked for the Council's support in approving the zoning determination because a federal law has been enacted prohibiting smoking in any federally funded public building. Mr. Louie Glampapa, representing the Cypress High School Athletic Booster Club, 4921 Marion Avenue, Cypress, stated that they have to be out of Lexington Junior High School when the federal smoking law becomes effective. They would like to get a couple more groups to offset some of the fixed costs that will be Incurred. He urged the Council to approve the staff recommendation so they can move forward with the program and he volunteered to answer any Questions from the Council. Captain Krauss advised that the Booster Clubs have already met with Lt. Weuve and received information on what is expected of a bingo operator. He then explained the bingo operator permit process. The City Manager asked the Acting City Attorney about the limitations posed by having more than organization at the same location. The Acting City Attorney responded that the state law provides that a permit can be issued to an organization and that organization has to meet certain requirements about having an office or place of business at the same location and only people who are employees or members of that organization can operate the games. After some discussion, the bingo representatives stated that they are aware of the various requirements of any other group that may want to use the facility. Mr. GlI Garrand, no address given, reported that he had met with Lieutenants Schaefer and Weuve on the bingo operations and the police Department would meet with any other groups that wanted to participate In bingo operations. Councilmember Nicholson asked the bingo operators to understand that the area they are considering Is surrounded by residences, has two restaurants that will be operating and she cautioned them to be careful about the area they choose. Mr. Glampapa stated that they understood the problems and will mitigate them as much as possible. Councllmember Kerry encouraged the bingo operators to meet with the neighbors to address their concerns. It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, determining bingo game operations to be similar to and no more detrimental that existing uses In certain zones. 10 i..J 226 CITY COUNCIL MINUTES september 12, 1994 RESOLUTION NO. 4362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING BINGO GAME OPERATIONS, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT, TO BE SIMILAR TO AND NO MORE DETRIMENTAL THAN EXISTING CONDITIONALLY PERMITTED USES IN OFFICE PROFESSIONAL (OP'10,OOOl, COMMERCIAL GENERAL (CG'10,000l, AND COMMERCIAL HEAVY (CH-10,OOOI ZONES. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Planning Director commented that parking standards have not been set but some sort of a standard will be established. RECESS: Mayor partin recessed the meeting at 10:17 p.m. and reconvened at 10:26 p.m. with all Council members present. CONSIDERATION OF COMMUNICATION FROM DORIS SHYKEN OF THE SAVE OUR STATE COMMITTEE. REQUESTING SUPPORT OF PROPOSITION 187 - ILLEGAL IMMIGRANT MEASURE: The staff report dated september 7, 1994 advised that a copy of a communication was received from Doris Shyken, with attachments, requesting support of proposition 187 relating to illegal Immigrants. Mrs. Shyken, 10011 Myra Avenue, cypress, read material prepared by Mr. Ron Prince outlining the five goals and requesting the Council's support of Proposition 187. Council member Bowman asked for a description of the measure. It Is a federal Issue and he mentioned that the Council had supported a resolution similar to this at the League of california cities, but have never supported any proposition. Council member Age agreed and didn't believe the Council should because it Is an Individual choice, but it was appropriate to take a stand with the League of Cities. She suggested that copies of the material be left at the library. Councllmember Kerry stated that the Council has taken a position on many issues In the past but not on an Initiative. She did not see why the Council could not take a position on this issue If they so chose and she totally endorsed the Initiative. Councilmember Bowman said he would like to read the ballot statement before he made a decision on proposition 187. Council member Kerry suggested this Item be continued to the Council meeting of October 8,1994 and hearing no objections, Mayor Partin so ordered. CONSIDERATION OF DISCUSSION REGARDING FLYER PARTIES: The City Manager referenced the staff report dated september 7, 1994, with its attached report on the incident, indicating that the City Council had requested this item be placed on the agenda. Council member Bowman expressed a preference for the Los Alamltos Ordinance addressing flyer parties and was in favor of an ordinance in Cypress. Council member Nicholson concurred. It was moved by Councllmember Bowman and seconded by Council member Nicholson to direct staff to prepare an ordinance similar to that of Los Alamitos prohibiting the charging of admission to any party conducted in a residential zone. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF DISCUSSION ON NEWSRACK REGULATIONS: The City Manager asked the Acting City Attorney to summarize the City Attorney's memorandum on newsrack regulations. Basically, there are a limited number of things that can be done with regard to newsracks. They cannot be discriminated against then by reason of the 11 "1-1.)/;;1- 227 CITY COUNCIL MINUTES septernber12,1994 material published and he named certain things that could be done to restrict all the different types of publications. Council member Bowman noted that there should be the same requirements for newsracks as for private property signs. Council member Nicholson referenced page 5 of the memorandum and suggested that the City Attorney prepare an ordinance including all those restrictions Plus the limitation on height and width. Council member Age expressed a concern about the newsracks being on federal property, I.e., post office property. The Acting City Attorney would prepare as restrictive an ordinance as possible, cautioning the Council that it must apply equally to pUblications that they don't want prohibited or limited as well as the ones they do. After further discussion, Councllmember Bowman stated he did not have a problem If the newsracks were on private property. Councilmember Age asked for a determination If they could be restricted on private property because she didn't like them in front of the post office. Council member Kerry recommended that restricting newsracks on both pubic and private property be reviewed. After further discussion, Councilmember Bowman concurred. The Acting City Attorney would prepare an ordinance in accordance with Council direction. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING REGIONAL TRAFFIC IMPACT FEE REQUIREMENTS FOR NEW DEVELOPMENT/REDEVELOPMENT WITH THE CITY OF CYPRESS: The City Manager requested the PUblic Works Director summarize the staff report dated August 24, 1994, which recommended the implementation of a regional traffic fee to address the prOblems currently being encountered in identifying and mitigating cross-jurisdictional circulation system Impacts. The Issue of circulation system upgrades required by projects generating cross-jurisdictional transportation impacts is still handled on a project-by- project basis. Traffic Impact fees have been successful in mitigating the localized impacts of new development in a fair and prudent manner and staff believed that this methodology can be utilized for mitigating cross-jurisdictional impacts of new development. The proposed regional traffic impact fee will be established by adoption of the ordinance and the actual fee amounts by resolution at a subsequent Council meeting. The Cypress Regional Fee funds will be made available on a "fair share" basis to the cities that border Cypress to assist in the funding of transportation planning, preliminary engineering, engineering design studies, land surveys, right-of-way aCQuisition, engineering, permitting and construction of all necessary features for regional traffic improvement projects. It was moved by Councilmember Nicholson and seconded by Council member Age to approve the first reading of the Ordinance by title only, title as fOllOWS, establiShing Regional Traffic Impact Fee requirement for new development/redevelopment within the City of Cypress. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING REGIONAL TRAFFIC IMPACT FEE REQUIREMENTS FOR NEW DEVELOPMENT/REDEVELOPMENT WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF UPDATE OF THE CITY OF CYPRESS LOCAL IMPLEMENTATION GUIDELINES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: The Planning Director reviewed the staff report dated August 31, 1994, which referred to the latest amendment made by the State legislature of the California Environmental Quality Act (CEQAl. Staff has reviewed the changes in State law and reviewed the City's local guidelines accordingly. Adoption 12 228 CITY COUNCIL MINUTES september 12, 1994 of the amended Guidelines Is considered not to be a project according to the requirements of CEQA, because CEQA does not apply to projects undertaken by a local agency to Implement a rule or regulation Imposed by a state agency. One important change Is the number of days required for public notification prior to the City's adoption of a negative declaration from 30 days to 20 days. She noted a change In the resolution on page 5, first paragraph, sixth line, eliminate the words "and statements In an EIR.... It was moved by Council member Bowman and seconded by Council member Kerry to adopt the Resolution by title only, title as fOllOWS, adopting local implementation guidelines for the CEQA. RESOLUTION NO. 4363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING RESOLUTION NO. 3966 AND ADOPTING LOCAL IMPLEMENTATION GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF GENERAL PLAN/SPECIFIC PLAN CONFORMITY ANALYSIS: The Planning Director presented the staff report dated september 1,1994, which described the analysis necessary to ensure that development could continue within the Cypress Business Park. The analysis by Cotton/Beland/Associates, Inc. found that each of the Business Park specific Plans were in conformance with the recently adopted Cypress General Plan Update and Final EIR and no amendments to any of the specific Plans were required. It was moved by Council member Age and seconded by Council member Kerry to receive and file the General Plan/Specific Plan Conformity Analysis as referenced In the cover letter as Exhibit "A". The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 11474. 11745: It was moved by Councilmember Bowman and seconded by Councilmember Kerry to approve the Warrant List for Warrants No. 11474 through 11745 in the amount of $1,474,956.16. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Partin recessed the meeting at 11:05 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:10 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda Council member Kerry asked capt. Krauss if the City was using the Seal Beach Jail. He responded in the negative. It is still under review because the contract called for the guarantee of a certain amount of bed space and the City would be paying whether they took a prisoner there or not. Council member Age mentioned that she felt this Council has accomplished some very positive during the past year and they should all be proud. Councllmember Kerry agreed and the accomplishments have been remarkable. She believed the strong stand against the utility tax has been very helpful. 13 ~/- I ',;, ~ 'l2~ CITY COUNCIL MINUTES september 12,1994 WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting In memory of Cypress Traffic Commissioner David D. Garber. The meeting adjourned at 11:15 p.m. ATTEST: AO~1$ CITY C~ T E CI F CYPRESS 14