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Minutes 94-12-12 I"l. -IZ--!' j/lH v MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD Decernber12,1994 The Regular Meeting of the cypress City Council was called to order at 5:31 p.m., MOnday, December 12,1994, In the Council Chamber, 5275 Orange Avenue, cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Councllmembers Bowman, Carroll, Jones, Kerry and Age None AlsO present were City Manager/City Clerk Darrell Essex, and staff members Bacock, Christoffels, DeCarlo, Eynon, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. The City Manager announced that there were two additional items for the Closed Session Agenda. THE CITY ATTORNEY ARRIVED AT 5:36 P.M. The City Attorney asked for the addition of two items to the Closed Session agenda, which would require a unanimous vote of the Council. Those pending litigation Items were: the Citizens Association for the sensible Development of Warland Center vs. the City of cypress and warland Investments company, Orange County Superior Court case No. 737801 and if the City Council would initiate litigation on another matter (Government code Subsection 54956.9(cll. It was moved by Councllmember Jones and seconded by Councilmember Bowman to add those Items to the Closed Session agenda. The motion unanimously carried by the following rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF A ONE YEAR SERVICE CONTRACT RENEWAL FOR THE REMOVAL AND DISPOSAL OF CITY-GENERATED HAZARDOUS WASTE: The City Manager asked the Public Works Director to present the staff report dated December 1,1994, which described the storage of hazardous waste on site, the transportation and disposal of that waste by a State-licensed waste hauler. Laidlaw Environmental Services has provided acceptable and timely service to the City for the past seven years and they have submitted a letter of intent to extend the current service contract through 1995. It was moved by Councllmember Bowman and seconded by Councllmember Kerry to approve renewal of a service contract with Laidlaw Environmental Services of california, Inc., 1369 W. 9th Street, Upland, California 91786, to remove, transport and dispose of the City'S hazardous wastes, for a one year period ending December 31,1995, in an amount not to exceed $13,000.00 The motion carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Carroll Councllmember Carroll advised that he abstained from voting because he owns Laidlaw Environmental Services stock. 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. 1 . /D'" ~/c7".~ 213 CITY COUNCIL MINUTES Decernber12,1994 Mayor Age asked that Item NO.9 be removed; Councllmember Bowman requested Item NO.6 be pUlled; Councilmember Carroll asked that Items NO.7 and 14 be removed; Council member Kerry wanted discussion on Items NO.4 and 8 and Council member Jones requested Item NO. 12 be pulled. It was moved by Council member Bowman and seconded by Council member Kerry to approve the Consent Calendar Items NO.2 through 14 with the exception of Items No.4, 6,7,8,9,12 and 14. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.2: Motion to APprove City Council Minutes of November 28, 1994. Recommendation: That the City Council approve the Minutes of the regular meeting of November 28, 1994, as submitted. Item NO.3: 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 League of California Cities' City Legislative Delegate Program. Recommendation: That the City Council confirm the designation of Mayor Age as the City's delegate and Mayor Pro Tem Bowman as the alternate to the League of California Cities City LegiSlative Delegate Program. Item No. 10: Consideration of a Resolution Making Certain Findings in Connection With a Disability Retirement Application Filed for Michael A. Munoz. Recommendation: That the City Council adopt the Resolution by title only, title as fOllOWS, setting forth the approval of an industrial disability retirement for Michael A. Munoz based on an established medical record. RESOLUTION NO. 4417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT. Item No. 11: Consideration of Resolutions of Commendation for Eagle Scouts. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow: RESOLUTION NO. 4418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT COREY D. RASMUSSEN ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT JEFFREY L. CHANG ON ATTAINING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 4420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT MICHAEL W. WARREN ON ATTAINING THE RANK OF EAGLE SCOUT. Recreation and park District Matters: Item No. 13: Consideration of Resolution For participation In the orange county Urban Parks Financial Assistance Program. Recommendation: That the City council, acting as the ex-officio governing Board of Directors for the cypress Recreation and Park District, adopt the Resolution by title only, title as follows, giving the Director of the cypress Recreation and Park District authority 2 I,. 294 CITY COUNCIL MINUTES December 12,1994 to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments and payment requests which may be necessary for completion of the project. CR&PD RESOLUTION NO. 184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF CITY OF CYPRESS, APPROVING PARTICIPATION IN THE SECOND DISTRICT - URBAN PARKS PROGRAM FINANCIAL ASSISTANCE AGREEMENT FOR VETERANS PARK RESTROOMS PROJECT WITH THE COUNTY OF ORANGE. END OF CONSENT CALENDAR Regarding Item NO.4, Consideration of Attendance to the League of California Cities' Mayors and Council Members Institute, Councilmember Kerry mentioned that this Institute is a good opportunity for new Councilmembers and they should attend. Council member Carroll stated that he did plan to attend. It was moved by Councilmember Kerry and seconded by Council member Bowman to authorize the attendance of any interested Council Members to the League of California Cities' Mayors and Council Members Institute to be held on January 18 - 20, 1995, in sacramento, and be reimbursed for all actual and necessary expenses incurred. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to Item NO.6, Consideration of Monthly Investment Program for the Months of JUly, August, september and October 1994, Councilmember Bowman asked the Finance Director what his response would be to Item NO. 21. The Finance Director reported that the City has $5.8 million in the Orange County Investment Pool. The City's total investment of almost $31 million plus another $5 million In trust deeds are not in the pool. The pool includes the TRAN issue and some capital and redevelopment reserves for the bankruptcy filing. The county has stated they are segregating the property tax into a separate fund, which should not have to go through the bankruptcy proceedings. The City Manager cautioned that the second Item added to the Closed Session agenda does deal with this issue and he would like to have the Closed Session discussion before any further questions or comments. It was moved by Council member Bowman and seconded by Council member Jones to receive and file the report. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None With regard to Item NO.7, Consideration of Maintenance Employee'S Association Memorandum of Understanding and Authorizing Resolution, Councilmember Carroll asked how the seniority Issue was resolved. The personnel Director explained that the issue had been resolved as directed by the Council. It was moved by Councilmember Carroll and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, ratifying the Memorandum of understanding between the City and the Maintenance Employees' Association (MEAl. RESOLUTION NO. 4421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. concerning Item No.8, Consideration of League of California Cities' City counCil-City Manager Leadership Team Workshop, Councilmember Kerry expressed the opinion that Lake Tahoe was not an appropriate place for team building and something should be done locally. Councilmember Bowman commented that it would be a good Idea to 3 CITY COUNCIL MINUTES /cr..-':'t. 295 Decernber12,1994 attend a workshop. Responding to Mayor Age, the City Manager said this was a very valuable workshop, but the problem is the local workshop and the Sacramento trip are scheduled just a few days apart. It was moved by Councilmember Bowman and seconded by Councilmember Carroll to authorize members of the City Council and the City Manager to attend the League of California Cities' City counCil-City Manager Leadership Team Workshop, scheduled in South Lake Tahoe, on May 10 - 12,1995 and be reimbursed for all actual and necessary expenses incurred. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Jones and Age 1 COUNCILMEMBERS: Kerry o COUNCILMEMBERS: None Regarding Item NO.9, Consideration of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1994, Mayor Age asked for clarification on certain sections of the report. Council member Carroll requested staff spend some time with the new Councilmembers explaining these documents. council member Bowman suggested scheduling a one day workshop. The City Manager will be asking for the Council's availability during the month of January. In response to Council questions on the audit, the Finance Director did explain that process. It was moved by Council member Carroll and seconded by Council member Jones to receive and file the report. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to Item NO. 12, Consideration of Budget Transfer for Recreation & Park District Employee separation Agreement, Council member Jones advised that her questions had to do with the Investment Pool also. It was moved by Council member Jones and seconded by Council member Kerry that the City Council, acting as the ex-officio gOverning Board of Directors for the cypress Recreation and Park District, move to approve a transfer of $20,000 from the Recreation and Park District general fund unreserved balance to Account #4238-85-701-10. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Concerning Item No. 14, Consideration of the component Unit Financial Report of the Cypress Recreation and Park District for the periOd Ended June 30, 1994, Councilmember Carroll asked that this document also be reviewed with the new Councilmembers. It was moved by Councilmember Bowman and seconded by Councilmember Jones that the City council, acting as the ex-officio governing Board of Directors of the cypress Recreation and Park District, receive and file said report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Age recessed the meeting at 6:05 p.m. to enable the Council to enter into Closed Session to consider those agendlzed items of: conference with labor negotiator (Government Code Section 54957.6l, public employee discipline/dismissal/ release (Government Code Section 54957l and the added items. The meeting reconvened at 7:32 p.m., with all Council members present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Christoffels, Decarlo, EynOn, storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Council member Mary Ann Jones. The City Manager summarized actions taken by the City Council during the 5:30 Council session. 4 296 ~ CITY COUNCIL MINUTES December 12,1994 The City Attorney reviewed discussions held during the Closed Session on conference with Labor Negotiator and public employee discipline dismissal/release with no action being taken on these two Items requiring disclosure. The two items were added to the agenda because they came to the attention of the City Attorney subsequent to the agenda being published and the meeting tonight. The items were pending litigation matters on Citizens Association for the Sensible Development of Warland Center vs. the City of cypress and Warland Investment Inc., orange county superior Court action 737801; and a matter on whether the Council would initiate litigation. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda, Ms. Terese McCormack, 9130 Esther street, cypress, stated she was appearing to see what progress had been made since her last visit because the City has made no contact with her regarding her problem with the auto body shop. She is coming before the Council for a resolution and asked the Council to consider zoning the area into light industrial or residential. The City Manager said that Mrs. McCormack's concerns are such that they do warrant a written response which will be submitted prior to the next Council meeting. Mrs. Jane wozniak, 4480 Avenida Granada, cypress, spoke about some unresolved matters regarding the City Council election on the posting of campaign signs for the two new Councilmembers. She advised that the issue of a Planning Commission was decided by a vote of the people some time ago. Any budget surplus encountered by the City should be used for public safety. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, provided pictures of the Shaw Industries warehouses and felt that the City has been deceptive to its citizens In not Informing them of the proposed warehouses to be built on cypress Land and Warland Investments properties. Mr. Gerald Creager, 4701 Ariana Drive, cypress, representing Boy Scouts of America, orange county council, Troop 507, said he understood Council member Bowman had made a contribution pledge and he was present to determine If he would honor that pledge. Councilmember Bowman reported that he was the Chairman of Finance for the Boy Scouts of District 4 and had obligations to that District. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. Mayor Age briefly described the Public Hearing process. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94- 19, DRIVE-THROUGH CARWASH FOR EXISTING SHELL SERVICE STATION, 6001 ORANGE AVENUE: Mayor Age opened the public hearing. She advised that the applicant had submitted a letter dated December 1,1994 formally withdrawing their application for Conditional Use Permit No. 94-19. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to close the public hearing and receive and file the letter of withdrawal for Conditional Use Permit No. 94-19. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF AN URGENCY ORDINANCE AND FIRST READING OF AN ORDINANCE AMENDING THE AMENDED CIVIC CENTER REDEVELOPMENT PLAN, LINCOLN AVENUE REDEVELOPMENT PLAN AND THE LOS ALAMITOS RACE TRACK & GOLF COURSE REDEVELOPMENT PLAN TO CONFORM TO THE SPECIFIED SET OF STATUTORY MAXIMUM TIME LIMITS IMPOSED BY THE COMMUNITY REDEVELOPMENT LAW ("CRL"l: The City Manager asked the Planning Director to summarize the staff report dated December 2,1994, which described AB 1290, the community Redevelopment Law Reform Act of 1993. AB 1290 addressed some perceived and real redevelopment problems and abuses with three new limits being imposed. The three redevelopment project areas in the City were analyzed in relation to the three limits. Provided was a 5 .._-,.,~.__._-~------"-".- /d- - /~/l .:J 297 CITY COUNCIL MINUTES December 12,1994 summary of the AgenCY'S existing redevelopment plans indicating the pre-AB 1290 time limits, the new statutOry limit and comments regarding each time limit. TO insure that the City conform to the time frame imposed by the Community Redevelopment Law, staff recommended that the City Council pass an urgency ordinance amending the three redevelopment plans. In addition, staff recommended that the City council, adopt a similar ordinance amending the plans utilizing the normal steps required for adoption of an ordinance. No one wished to speak in support or in opposition to the Ordinance. It was moved by Councilmember Bowman and seconded by Council member Kerry to close the public hearing and adopt an urgency ordinance, by title only, title as follows, amending the Civic Center Redevelopment Plan, as amended, the Lincoln Avenue Redevelopment Plan and the LOS Alamitos Race Track & Golf Course Redevelopment Plan to conform to the specified Set of statutory Maximum Time limits Imposed by the community Redevelopment Law; and to approve the first reading of the Ordinance by title only, title as fOllOWS, amending the Civic Center Redevelopment Plan, as amended, the Lincoln Avenue Redevelopment Plan and the LOS Alamltos Race Trace and Golf Course Redevelopment Plan to Establish Time limitations. ORDINANCE NO. 931 AN URGENCY ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CIVIC CENTER REDEVELOPMENT PLAN, AS AMENDED, THE LINCOLN AVENUE REDEVELOPMENT PLAN AND THE LOS ALAMITOS RACE TRACK & GOLF COURSE REDEVELOPMENT PLAN TO ESTABLISH TIME LIMITATIONS REQUIRED UNDER THE PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CIVIC CENTER REDEVELOPMENT PLAN, AS AMENDED, THE LINCOLN AVENUE REDEVELOPMENT PLAN AND THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PLAN TO ESTABLISH TIME LIMITATIONS REQUIRED UNDER THE PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94- 16. VARIANCE NO. 94-6 AND CONSIDERATION OF TENTATIVE TRACT MAP NO. 15062, SIX (6) DETACHED CONDOMINIUMS. 5592 CRESCENT AVENUE: The public hearing was opened by Mayor Age. The Planning Director presented the staff report dated December 1, 1994, which represented a request for approval of a tentative tract map and conditional use permit for six detached condominiums at 5592 Crescent Avenue. Also Included was a request for a variance from the cypress zoning Ordinance to allow a two foot Instead of the required three foot wide landscape curb adjacent to the driveway along the east wall. According to the requirements of the California Environmental Quality Act, a finding of de Minimis Impact and a Negative Declaration will be filed for this project. The most significant issue was a concern expressed by the orange County Fire Department and the Design Review Committee regarding the adequacy of emergency access and turnaround area for fire and police services. In addition, there was a concern about the ability of residents living in units 2 through 6 to have unobstructed Ingress and egress. To address these concerns, the Design Review Committee required that the site plan be revised to include a minimum 25 foot wide turnaround area between units 5 and 6. The proposed project meets the City's minimum required development standardS, except for the adjustment and variance described above. Notices of the publiC hearing were published, posted and mailed to all property owners within a 300 foot radius. AS of the writing of this report, no comments have been received. Responding to Councllmember Bowman, the Building Official replied that the Fire Department does have the authority to deny access for stacking caused by a security gate because It creates traffic problems In the street and this project didn't have the distance. 6 I~ > /.- / 298 CITY COUNCIL MINUTES Decernber12,1994 The Public Works suggested that the Council approve the project with the security gate conditioned with the Fire Department making a second review of the project. Mr. Mehdl Zadeh, S & M Development, 57 South peak, Laguna Niguel, said that they had provided a 35 foot entry to the security gate but the Fire Department wanted 65 feet so the fire truck would not be In the street. Councilmember Kerry mentioned the possibility of designating one Of the units as moderate Income housing. Mayor Age asked If anyone wished to speak In support of or in opposition to the application. No one did so. Councllmember Kerry asked if the existing well on the property would be properly abandoned and the Public Works Director responded that a condition would be added to that effect. It was moved by Council member Bowman and seconded by Council member Carroll to close the publiC hearing, approve the Negative Declaration and direct staff to file a notice of de Minimis Impact according to the requirements of the California Environmental Quality Act and adopt the Resolutions by title only, titles as fOllOW, approving Conditional Use Permit No. 94-16, Tentative Tract Map No. 15062 and variance No. 94-6, with conditions as provided in Exhibit "A" citing the applicable findings and the additional condition on the abandoning of the existing well. RESOLUTION NO. 4422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-16. WITH CONDITIONS. RESOLUTION NO. 4423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 15062 . WITH CONDITIONS. RESOLUTION NO. 4424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE CURB ALONG THE EAST BLOCK WALL. VARIANCE NO. 94-6. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Planning Director asked for clarification on the Fire Department's denial of the security gate. Council member Bowman asked that clarification be obtained from the Fire Department. The Planning Director will add that clarification to condition no. 46 and the well abandonment will become condition no. 47. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. THOMAS A. GOMEZ. TEEN HARVEST. 10108 ROSETON AVENUE, SANTA FE SPRINGS, CA: The City Manager reviewed the staff report dated December 5, 1994, which Indicated an application had been received for a special permit to allow the sale of COlOring mats and candies door- to-door in the City of cypress, flied by Mr. Thomas A. Gomez of Teen Harvest, 10108 Roseton Avenue, Santa Fe Springs, CA 90670. The affidavits of publication and posting of the public hearing notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor or in opposition to this Special Permit application. In accordance with Section 15-62 of the cypress City code, the City council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, gOOd morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business Is unfit to be trusted with the privileges 7 D-19~ CITY COUNCIL MINUTES December 12,1994 granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The applicant, Thomas Gomez, 10108 Roseton Avenue, Santa Fe springs, representing Teen Harvest, an affiliate of New Harvest Christian Fellowship, advised that Teen Harvest offered a career and recreation program for youthS to keep them off the street. The products for sale are candles and mats and this business has been conducted in surrounding cities. Responding to Councilmember Bowman, Mr. Gomez replied that they are a profit organization. NO one wished to speak in support of the project. Mayor Age asked who wanted to speak in opposition to the project. Ms. Tawney Bassett-parkins, cypress, reported that she has already had young children come to the door with the same type of products for which a fairly high price is charged for poor quality merchandise. It was dark when the children came to the door and she could not see any adults around. Ms. Karen Benson, cypress, said the children have come to her door at all hours of the day and night. Ms. Regan smith, 6033 Trinidad Avenue, cypress, asked how often this group comes into the neighborhood. The children come into her neighborhood in the evening and they appear to be younger than 12 years of age. Mr. Joe Hardcastle, 4588 Blanca Drive, cypress, found this to be a form of legal blackmail, fraud and an insult to legitimate religion. Mayor Age asked if anyone wished to speak in support of the application. Mrs. Marcella Gomez, wife of Thomas Gomez, remarked that it was sad that the people had these kinds of comments. Her husband has taken a lot of time to help the children and he conducts a good program. Councilmember Kerry expressed concern about the age of the children and asked if the children could carry some form of Identification. Council member Bowman stated he was opposed to the granting of this special permit, it is profit organization and would be in direct competition with non-profit organizations. It was moved by council member Bowman and seconded by Council member Jones to close the public hearing and deny the permit. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-23, WAREHOUSE/DISTRIBUTION/OFFICE FACILITY FOR FOOD MAKER CORPORATION. LOCATED AT 11261 WARLAND DRIVE: The publiC hearing was opened by Mayor Age. The City Manager asked the Planning Director to summarize the staff report dated November 29, 1994, which represented a request to construct a 153,500 square foot warehouse/distribution/ office facility located at 11261 warland Drive. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be flied for this project. In addition, a finding of de Minimis Impact will also be filed for this project. She Indicated that 148 form letters and 22 original letters were received In opposition to the project and two adjacent cities, Los Alamltos and Garden Grove, have requested a continuance of this hearing. The City Attorney received an official document entitled "Comments and Objections regarding Conditional Use permit No. 94-23 and Draft Negative Declaration" as prepared by the legal counsel for the Citizens Association for the Sensible Development of warland center, Inc. There are approximately 24 pages of comments and objections to the proposed permit. 8 /~ .</~ 300 CITY COUNCIL MINUTES December 12,1994 Council member Age stated that she would like to have the applicant come forward at the appropriate time with their presentation, take comments, but would like the Council to consider continuing this meeting. The Planning Director continued with the staff report advising that the facility will consist of a 24-hour operation of three shifts. Truck activity will occur mostly through the daytime hours with trucks leaving the site at around 5 a.m. and returning around 7 p.m. Thirty dock high loading bays are proposed along the west elevation. Two separate access points are proposed for the site, both of which are located on Warland Drive. In order to assure that the existing Business Park specific Plans and accompanying Environmental Impact Reports were consistent with the cypress General Plan Update, the City of cypress commissioned a conformity analysis to be performed on each of the specific Plans located within the cypress Business Park. As a result of the analysis, it was determined that the specific Plans were consistent with the cypress General Plan Update and that no changes were needed. Through the preparation of an Initial study, it has been determined that the proposed Foodmaker project is consistent with uses established in the warland/cypress Business Center specific Plan and would not create significant, unmitigatlble impacts upon the environment nor create additional cumulative Impacts beyond those which were previously analyzed In the EIR for the warland/cypress Business Center speCific Plan. It was determined, through the traffic study, that traffic levels were within the limits addressed by the previous environmental documents and allowed under the specific Plan and that no traffic problems would be generated by the proposed use. The study found that, unless mitigated, the truck activity within the loading area will exceed the City's noise ordinance standards. By applying the suggested mitigation measures, the noise generated by the trucks can be reduced to levels which will comply. Notices of the public hearing were published, posted and mailed to all property owners within a 300-foot radius of the subject property. TO date, staff has received several phone calls, as well as approximately 100 letters from citizens who are in opposition to the project. Concerns expressed included: the 24 hour operation, truck traffic along valley View street, potential noise from the trucking and refrigeration operation, air POllution, and the possible negative impact on property values. Mr. Brian Harvey, General Partner of cypress Land company, 2203 E. Carson street, Suite A-1, Long Beach, showed slides of the proposed project and site from various angles. He presented some overhead projections and provided facts about the project in an attempt to dispel some of the inaccuracies that had been stated. He also played a video tape that was taken at 10 p.m. at night on the site with a refrigerator truck running. Mr. Mark Armbruster, attorney for cypress Land company, reported that the City noise stUdy made its assumptions on noise based upon 15 refrigerated trucks with engines running and also 15 non-refrigerated trucks running. Mr. Harvey said that he would not do anything to jeopardize his investment and if he felt that this project would entail mass trucking, he would not request it. Mayor Age announced that neither the staff or the Council will be responding to any comments tonight. She would like to receive all input, have a special meeting and then answer each question at that meeting. Mayor Age then asked for comment from those who supported the application. Mr. Bob sundwall, Vista Sierra, cypress, spoke in favor of the project and advised that truckers will take the shortest route to the freeway, which would be Katella Avenue. Ms. Alice ROgers, 4219 Dover cr, cypress, remarked that when she moved in she found out what the surrounding vacant property was zoned. The land in the South part of town has been zoned industrial for over 30 years and the City needs to complete the General Plan as proposed over 30 years ago. Ms. Jane Wozniak, 4480 Avenlda Granada, cypress, concurred with Mrs. Rogers' statements. She added that most of the people in cypress were probably much happier when the tank farm was there. She mentioned the inconveniences that her neighborhood has suffered during the last six years compared to complaining about an occasional truck. 9 /- ~~'l' CITY COUNCIL MINUTES Decernber12,1994 Mr. Ted Hill, 10001 st. Charles cr., cypress, spoke In favor of the project because the City of cypress will need revenues soon. He explained the workings of the refrigerated trucks. Industry has to come in if cypress Is to stay alive. Mayor Age asked If anyone would like to speak in opposition to the application. The fOllowing citizens spoke in opposition to the 24 hour refrigerated trucking operation, environmental ramifications, quality of life, air quality, decline in property values, noise, Impact on City and residents, land use, sewers and drainage, traffic flow and traffic studies, cumulative effects, alternative developments, tax revenue and proximity to the Los Alamitos Air Reserve Station. Mr. Tony Smith, 6033 Trinidad Avenue, cypress Mr. Mike Gritchen, 11619 Malden street, cypress Mrs. Ingrid Kline, 6162 Trinidad Avenue, cypress, presented the Council with a petition signed by 2,270 residents of cypress. Mr. Mark Nlalls, Attorney with the firm of Wild ish & Nialis, representing the Concerned Citizens for Sensible Development, 500 N. State college Blvd., orange, said that the proposed project and all prior projects are not in conformity with the California Environmental Quality Act. It is clear under CEQA that all environmental and cumulative impacts must be considered before a project is approved by negative declaration and that has not been done in this application nor in the Shaw application. This is not an area to have a regional distribution center. Public testimony from citizens in opposition to the project continued. Mrs. Regan smith, 6033 Trinidad Avenue, cypress Mr. Alan Buck, 6073 Nauru street, cypress Mrs. Deborah Klun Sharback, no address given, cypress RECESS: Mayor Age recessed the meeting at 10:55 p.m. and reconvened at 11:05 p.m. with all Council members present. The public hearing continued with additional comments from residents in opposition to the project. Ms. Christine Drake, 6319 Dominica Avenue, cypress Ms. Kitty Gritchen, 11619 Malden Street, cypress Mr. Bob Pepper, 2673 Trinidad Avenue, cypress Mr. Brian Black, 11382 Anegada street, cypress Ms. Susan Eldridge, 6383 Bataan street, cypress Ms. Terese Mccormack, 9130 Esther street, cypress Mr. Greg Shoop, 11663 Manila Drive, cypress Due to the lateness of the hour, it was moved by Councilmember Kerry and seconded by Councllmember Jones to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Public testimony continued with additional citizens VOicing their objection to the Foodmaker Warehouse/Distribution/Office Facility. Mr. Thomas Wendt, 11381 Anegada street, cypress Mr. Don wesllng, 11431 Anegada street, cypress Ms. Danielle Galanter, 11512 Samoa Street, cypress Mr. Joe Hardcastle, 4588 Blanca Drive, cypress Ms. Susan Wing, 11631 Rabaul Drive, cypress Mr. David conde, 11301 Anegada street, cypress Mrs. KathY Simcox, 6143 Trinidad Avenue, cypress, provided some photos of the Shaw Industries and Foodmaker Warehouses. Mr. Gene Kisling, 6411 Cantiles Avenue, cypress Mr. Jim COPPoch, 5167 Cumberland Drive, cypress Ms. Paula English, 5975 Suva street, cypress Dr. Gerald Kline, 6163 Trinidad Avenue, Cypress Mr. Patrick Tam, 9933 Messina CirCle, cypress 10 302 CITY COUNCil MINUTES Decernber12,1994 NO one else wished to speak in opposition to or in support of the project. Mayor Age suggested that the meeting be continued to January 10, which would give staff time to respond to correspondence from the Cities of Los Alamitos and Garden Grove and the citizens group. Mr. Brian Harvey remarked that he had listened to all the pUblic testimony. He has been developing in cypress for 15 years, tried to develop exemplary projects, he is a land holder and he has certain entitlements. He has three other parcels in the area: a warehouse for Diamond sports and a spec building. He asked that he be left his entitlements as to how he could develop and he planned on building on the land he had left to be compatible with the City and the residents. He said he was willing to give up this project, but wanted the citizens to understand that he would not give up his rights to other projects. He asked the people not to misconstrue his offer and try to take his rights away from him. He stated he would not build the Foodmaker project. Mr. Mike Gritchen stated that was a very gracious and generous gesture and he believed that no one wanted to take his rights away. He thanked Mr. Harvey. Ms. Christine Drake said she had worked in favor of the Harvey development many years ago and she will work with him 100% to develop his land in the proper manner. Mayor Age stated that she will not put a Planning Commission on the ballot. If the citizens want that, they need a referendum. She would put the subject of a Planning Advisory Committee on the next agenda for discussion, which would take citizens from different sections of the community. Council member Kerry asked that some indication be given on what the citizens do want in the Business Park. She would like a special committee of citizens from the south end of the community specifically to discuss what options they would consider for the business park. The City Attorney asked, for the record, that Mr. Harvey make a formal withdrawal of the application for CUP 94-23. Mr. Harvey made a formal withdrawal of his application. He voiced the opinion that the staff was very fair; they were complying with the cypress Land entitlements. It was unfair for the citizens to criticize the staff. He also addressed Council member Kerry and stated that he was a developer and he could not build projects by committee. Council member Kerry advised that the citizens need to see the whole picture also. It was moved by Council member Bowman and seconded by Council member Kerry to accept the withdrawal of the application for the Foodmaker Warehouse/Distribution! Office Facility, CUP 94-23. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Age recessed the meeting at 12:30 a.m. and reconvened at 12:45 a.m. with all Council members present. CONSIDERATION OF LANDMARK TREE REMOVAL PERMIT NO. 94-2. REQUEST TO REMOVE 14 LANDMARK TREES. CYPRESS GOLF COURSE, 4921 KATEUA AVENUE: The City Manager asked the Planning Director to summarize the staff report dated December 3, 1994, which represented a request to remove 14 diseased Landmark Trees on the cypress Golf course property. The subject Landmark Tree removal permit is required pursuant to the Mitigation Monitoring Program for the cypress Business and professional Center Environmental Impact Report. In accordance with the California Environmental Quality Act, this project has been determined to be categoricallY Exempt, Class 7, as an action taken by an agency as authorized by local ordinance. The tree removal is necessary to control the spread of the LOng-HOrned Borer Beetle and to prevent the trees from falling. Staff feels that the proposed removal is in the Interest of the public health, safety and welfare. After the proposed removals, a surplus of 53 Landmark Trees will exist on the subject property, inCluding replacement-size trees installed during the previous redevelopment of the golf course facility. Therefore, the subject proposal meets the Landmark Tree removal and replacement requirements of the cypress City 11 /.:;1 1':>-LI.l- 30: CITY COUNCIL MINUTES Decernber12,1994 Code and the cypress Business and Professional Center specific Plan Mitigation Monitoring Program. It was moved by Council member Bowman and seconded by Council member Kerry to direct staff to file a Notice of categorical Exemption, Class 7; and adopt the Resolution by title only, title as fOllows, approving Landmark Tree Removal permit No. 94-2, subject to conditions. RESOLUTION NO. 4425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING LANDMARK TREE REMOVAL PERMIT NO. 94-2 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age, o COUNCILMEMBERS: None o COUNCILMEMBERS: None Councilmember Bowman suggested that the code be changed so matters of this nature not come before the Council because if the trees are infected, they should be removed. Councilmember Kerry concurred. Mr. Patrick Gradoville, cypress Golf Club, 4921 Katella Avenue, cypress, commented that a tree has already fallen during the last rain. He asked that the Council consider accelerating the process. CONSIDERATION OF CITY'S INVESTMENT PORTFOLIO STATUS: The City Manager asked the Finance Director to present the staff report dated December 7,1994 and provide an update on the City's status after the declaration of bankruptcy by the orange County Treasurer's Pool. The City of cypress has $5.8 million in the Pool or 19% of the operating portfolio of S30.8 million. In addition there is another $5 million that's invested with trust deeds either for debt service reserves or for the deferred compensation plan. In the pool are the TRAN issue worth $4 million due in July and about $1.8 million of redevelopment and capital project funds. Staff does not foresee any reduction in estimated Interest earnings as originally adopted by the City Council in the 1994-95 budget. The City does have liquid assets to cover operations. The concern is the distribution of the property tax but the City has been Informed that the County is taking those receipts and putting them into a separate fund outside the county pool. The other concerns are that certain county funding will be delayed. It was moved by Council member Bowman and seconded by Council member Kerry to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF CITY COUNCIL APPOINTMENTS: Mayor Age opened the discussion, asking various Council members if they wished to serve on the organizations listed. Based on those discussions, the following appointments were made. orange County Sanitation District (Meets 2nd wednesday of the Month) League of California Cities orange County Division (Meets 2nd Thursday of the Month) Santa Ana River Flood Protection Agency Mayor. Representative Walter Bowman - Alternate Mayor - Representative Walter Bowman - Alternate Mary Ann Jones Gail Kerry - Alternate Southern California Association of Governments Walter Bowman - Representative Tom Carroll - Alternate City/cypress School District Joint steering Committee Tom Carroll Gail Kerry 12 304 CITY COUNCIL MINUTES Decernber12,1994 Southern California Association of Governments - policy Advisory Committee Walter Bowman orange county Vector Control District (Meets 3rd Thursday of the Month) Growth Management Area NO.2 (Measure M) Gail Kerry (term expires 12/31/95) Mary Ann Jones. Representative Joint Ventures Committee w/Clties of La palma, Los Alamltos, Seal Beach Fire Joint powers Authority Tom Carroll Gall Kerry Tom Carroll It was moved by Councilmember Kerry and seconded by Council member Jones to confirm the appointments to the various aforementioned organizations. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None . CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE IV, CHAPTER 13. OF THE CITY OF CYPRESS MUNICIPAL CODE ESTABLISHING A WATER QUALITY ORDINANCE AND ADOPTION OF COUNTY OF ORANGE DRAINAGE AREA MANAGEMENT PLAN <DAMP): The PUblic Works Director summarized the staff report dated December 1, 1994, which provided a history of legislation concerning clean water. The proposed ordinance is the first effort to comprehensively update the original county regulations, which are now nearly 40 years old. The Drainage Area Management Plan is an Integral part of the Water Quality Ordinance. The objective of the DAMP Is to fulfill the commitment of the co-permittees, including the City of cypress, to satisfy NPDES requirements. Formal adoption of the DAMP is required by the City of cypress as it demonstrates the City's commitment to reducing water pollution. It was moved by Council member Kerry and seconded by Council member Bowman to approve the first reading of the Ordinance by title only, title as fOllOWS, amending Article IV, Chapter 13 of the City of cypress Municipal Code and amending Chapter 13 establishing a Water Quality Ordinance and formally adopt the orange county Drainage Area Management Plan (DAMP) and authorize implementation of the various best management practices included as part of the document. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING ARTICLE IV, CHAPTER 13, AND ADDING NEW ARTICLE IV ESTABLISHING A WATER QUALITY ORDINANCE. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Public Works Director announced that a video tape had been prepared on this program and will be provided to all Council members. CONSIDERATION OF DISCUSSION ON POSTING OF POLITICAL SIGNS: The staff report dated December 7,1994 advised that the City Council had requested this matter be placed on the agenda for discussion. Attached to the report was Resolution No. 2683, which provided guidelines for the posting of political signs. It was moved by Council member Kerry and seconded by Council member Bowman to continue this item to the meeting of January 23, 1995. The motion unanimously carried by the following roll call vote: 13 /c~ 30~ CITY COUNCIL MINUTES December 12,1994 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF DISCIPLINE APPEAL - STEPHEN P. SPERNAK. POLICE OFFICER: The Mayor referred to the staff report dated December 7,1994, which indicated that Officer spernak's attorney has submitted an appeal to the discipline and requested an evidentiary hearing. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to direct staff to designate a hearing officer and coordinate said appeal hearing of stephen P. spernak and return to the City Council with a recommendation for adoption. The motion unanimOUSly carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 12879- 13073: It was moved by Council member Kerry and seconded by Councilmember Jones to approve the Warrants No. 12879 through 13073 in the amount of $871,363.70. The motion unanimOUSlY carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Age recessed the meeting at 1:10 a.m. to enable the Council to act as the cypress Redevelopment Agency. The meeting reconvened at 1:12 a.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Joe Hardcastle spoke about parkway trees, the ramping of the sidewalks and then the removal of the trees. Councllmember Kerry mentioned the Annual Holiday Sing held on December 9 at the Civic Center. Mayor Age commented on the Chamber of Commerce Mixer, the Holiday Extravaganza, which was a very successful event. She also commented on the "TOYS for Tots" hosted by the La Palma and cypress Chambers of Commerce in conjunction with Copley/colony Cable company. The City Manager said that a workshop was needed In January because of some of the issues raised dealing with the pOSSibility of forming AdviSOry Committees. It was the consensus of the Council to meet at 4:30 p.m. on MOnday, January 9, 1995 In the Administrative Conference Room. Mayor Age mentioned the possibility of setting the date for a full day workshop with all Council members, Department Heads and the City Attorney. After consideration of several dates, it was decided the workshop would be held on saturday, January 7, 1995, all day, at the Senior Center. ADJOURNMENT: Mayor Age adjourned the meeting at 1 :20 a.m. ~OF{HiclJ:CY~~ ATTEST: ~~~, CITY CLERK H CI CYPRESS 14 306 / MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 27, 1994 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m. on Tuesday, December 27, 1994, in the City Council Chamber, 5275 Orange Avenue, Cypress, California, by City Clerk Darrell Essex. PRESENT: None ABSENT: Councilmembers Bowman, Carroll, Jones, Kerry and Age ADJOURNMENT: Due to the lack of a quorum, the City Clerk adjourned the meeting at 5:35 p.m., to 8:00 a.m., Saturday, January 7, 1995 in the Senior Center Conference Room. . ~~~. ~ OR OF THE ~ &?~ESS ATTEST: CITfc~ ~ITY OF CYPRESS