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Minutes 95-02-27 -"' / / 349 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 27, 1995 The Regular Meeting of the cypress City Council was called to order at 4:40 p..m., Monday, February 27, 1995, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Cecilia L Age presiding. PRESENT: ABSENT: Council members Bowman, Carroll, Jones, Kerry and Age None Also present were City Manager/City Clerk Darrell Essex, Finance Director Richard storey and Treasurer Wendy Davis. WORKSHOP SESSION: Community safety Advisory Committee The Council discussed the concept of the creation of a citizen Advisory Group of all the volunteers who apply. The five general areas to be reviewed are: Neighborhood watch, Gangs and Drugs, Crime prevention, Emergency Services/Disaster Preparedness and community Resource Development. A press release will be published and people, living, working, or owning a business and/or property in cypress, would be encouraged to serve on this citizen group to provide goals and guidance In the aforementioned areas of pUbliC safety. Police Chief Wicker will be coordinating this effort. The second workshop topic was consideration of investment policy based primarily on the Issues raised due to the bankruptcy issues at the County level. Both the Finance Director and Treasurer were available to respond to Council questions regarding the current investment poliCY in the City. As a result of the dialogue, further review and discussion will be conducted under Item No. 18 on the Agenda. RECESS: Mayor Age recessed the meeting at 5:30 p.m. to allOW the Council to reconvene In the Council Chamber. The meeting began at 5:35 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Christoffels, Decarlo, Steele, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF REQUEST OF APPROPRIATION FROM THE ASSET SEIZURE FUND AND PURCHASE OF A SPEED MONITORING RADAR TRAILER: The City Manager requested that the Police Chief present the staff report dated February 13, 1995, which explained the need for the purchase of a speed monitoring radar trailer and felt that one of the trailers could be purchased using Asset Seizure Funds. For the second trailer, the Engineering DiVision could seek traffic safety grant funding through the Office of Traffic safety. It was moved bY Council member Bowman and seconded by Council member Kerry to: 1. Authorize an appropriation from the fund balance of the Asset Seizure Fund to Central Services Fund and appropriate as Capital outlay, Account No. 4472-90-656- 35; and 2. Award contract to Mighty Mover Trailers, Inc., 224 N. Sherman, corona, CA 91720- 1843, In an amount not to exceed S14,971.86 for the purchase of a speed monitoring radar trailer, 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 RENEWAL OF ANNUAL TRAFFIC PAINT SUPPLIES CONTRACT: The Public Works Director summarized the staff report dated February 15,1995, which recommended that the current traffic paint supply contract with Bauer coatings be renewed for a one year period with several price changes. Bauer coatings Division of Morton International, Inc. has provided a highly satisfactory product and excellent service for nine years. 1 350 CITY COUNCIL MINUTES February 27, 1995 It was moved by Councllmember Bowman and seconded by Council member Kerry to authorize renewal of a traffic paint supplies purchase contract, for a one year period ending March 31, 1996, with Bauer Coatings Division of Morton International, Inc., 1021 North Mission Road, Los Angeles, California 90033, for a contract price not to exceed $19,000.00. 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 AWARD OF CONTRACT TO PYROTECHNICS FIRM FOR 8TH ANNUAL MULTI- AGENCY FIREWORKS CelEBRATION: The Recreation and Park Director reviewed the staff report dated February 16,1995, which explained that the City of cypress has again been asked to procure a pyrotechnic contractor. The contracted costs will be shared equally with the cities of cypress, LOS Alamitos, seal Beach and the Rossmoor community Services District. The Los Alamitos Armed Forces Reserve center will provide the event location. The MUlti-agency Fireworks Committee conducted a search of qualified pyrotechnic firms, concluding that two firms meet the criteria. This year's celebration is scheduled for TUesday, July 4,1995, with family entertainment beginning at 6:00 p.m. and aerial fireworks beginning at 9:00 p.m. It was moved by Councllmember Bowman and seconded by Councilmember Kerry that the City Council, acting as the ex-officio governing Board of Directors for the cypress Recreation and Park District, accept the recommendation of the MUlti-agency Fireworks Committee and award Fireworks America, Inc., P.O. BOX 461265, Escondido, CA 92046- 1265, the pyrotechnics contract in the amount of $10,500 from the Cypress Recreation and Park District account 4187-12-313-10 for the 1995 fireworks celebration. 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 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. Councilmember Bowman asked that Items NO.9 and 10, Video production Coordinator to Attend the National Association of Broadcasters Convention and Establishment of an Administrative Fee for the Issuance of Newsrack Permits be pulled; Councilmember Kerry requested that Items No. 12 and 13, Mayoral proclamation of Local Emergency and Ordinance on Time limitations by Persons Addressing the City Council be removed and Councilmember Carroll requested the removal of Item NO.6, Monthly Investment Program for January 1995. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Consent Calendar Items NO.4 through 12 with the exception of Items NO.6, 9,10, 12 and 13. 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.4: Motion to Approve City Council Minutes of February 6, 1995 and February 13, 1995. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of February 6, 1995 and the Regular Meeting of February 13,1995, as submitted. Item NO.5: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented for Consideration by Title Only and to Waive Further Reading. Item NO.7: Consideration of Extension of Conditional Use permit No. 94-2, 5591 Ball Road, Cypress. 2 J .- t5~1 CITY COUNCIL MINUTES February 27, 1995 Recommendation: That the City Council grant a one (1) year extension of Conditional use Permit NO. 94-2, Subject to the original conditions of approval (Attachment "B"l, making the permit effective through February 28,1996. Item NO.8: Consideration of Design Review Committee Permit No. 95-11. Recommendation: That the City Council adopt the Resolution by title only, title as fOllOWS, approving Design Review Committee permit No. 95-11 - with conditions: RESOLUTION NO. 4447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-11 - WITH CONDITIONS. Item No. 11: Consideration of Design Review Committee permit No. 95-13, Signage for Three Office BUildings located at 5450-5570 Orange Avenue. Recommendation: That the City Council adopt the Resolution by title only, title as fOllOWS, approving Design Review Committee permit No. 95-13, with conditions. RESOLUTION NO. 4448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 95-13 WITH CONDITIONS. END OF CONSENT CALENDAR Regarding Item No.6, Consideration of Monthly Investment program for the Month of January 1995, Councilmember carroll clarified that his request was for three months In columns side-by-side, not on three separate pages. It was moved by Council member Carroll and seconded by Council member Bowman 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.9, Consideration of Authorization for Video Production Coordinator to Attend the National Association of Broadcasters National Convention, Councilmember Bowman questioned the need for replacing eqUiPment for the City Council Chamber for cablecasting on Channel 52. The Personnel Director explained that there will be possible replacement of the video monitor as well as the computer used for video prOduction. The City Manager said that It Is advisable to send someone who is aware of the technology and Its cost and availability. The personnel Director estimated the cost of attendance was approximately $250. It was moved by Councllmember Bowman and seconded by Councilmember Kerry to authorize John Olson, Video Production Coordinator, to attend the National Association of Broadcasters Annual Convention in Las vegas, Nevada, from April 12-13, 1995, 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. 10, Consideration of Adoption of Resolution Establishing an Administrative Fee APplicable to the Issuance of Newsrack permits, Councilmember Bowman asked if criteria had been established for the newsracks. The City Attorney responded that he had received a set of criteria from the public Works Director, which he is currently reviewing for finalization and subsequent review by the City Council. It was moved by Council member Bowman and seconded by Councilmember Jones to adopt the Resolution by title only, title as fOllOWS, establishing an administrative fee applicable to the issuance of newsrack permits. RESOLUTION NO. 4449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING AN ADMINISTRATIVE FEE APPLICABLE TO THE ISSUANCE OF NEWSRACK PERMITS. 3 / --' 352 CITY COUNCIL MINUTES February 27, 1995 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 Regarding Item No. 12, Continued Consideration of Mayoral proclamation of Local Emergency, Council member Kerry asked the Chief the reason for continuing the proclamation. police Chief Wicker replied that the intent Is to allow additional time for flood victims to apply for relief. Emergency services organizations recommend that the proclamation be continued even though the state of emergency has passed until the claim opportunity closes. It was moved by councilmember Kerry and seconded by Council member Bowman to review the Mayoral Proclamation of State Of Local Emergency as originally effective January 4, 1995, and vote approval to continue that proclamation in force pending full and complete application for relief from the Federal Emergency Management Agency. 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 Kerry explained that she had asked that Item No. 13 be discussed but she had meant Item NO. 11 because of the drawing for the placement of the signS, which has been included in the packet. ORDINANCES (Second ReadinQ): It was moved by Councllmember Kerry and seconded by Councilmember Jones to order the fOllOWing ordinance read by title only, title as follows and to adopt the ordinance, regarding time limitations by persons addressing the City Council. ORDINANCE NO. 935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING SECTION 2-2.14 OF THE CODE OF THE CITY OF CYPRESS, REGARDING TIME LIMITATIONS BY PERSONS ADDRESSING THE CITY COUNCIL. 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 Responding to the MaYOr, the City Manager reported that the speaker timing device will be on the next Council agenda. The PUblic Works Director explained how the system would work with green, amber and red lights with two displays and the descriptive report will be submitted at the next meeting. CLOSED SESSION: Mayor Age recessed the meeting at 6:00 p.m. to enable the Council to enter into Closed Session to review those agendized items of Conference with Legal Counsel, Existing Litigation (Government Code Section 54956.9Ia) Citizens Association for the Sensible Development of Warland Center; Anthony L. Smith and Regan Smith, et ai vs. City of cypress, et ai, orange County Superior Court case No. 737801. The meeting reconvened at 7:30 p.m. with all Council members present. Also present were the City Manager/City Clerk, City Attorney and staff members Bacock, Christoffels, DecarlO, steele, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Council member Carroll. PRESENTATION: The Recreation and park Director, Marvin DeCarlo, presented representatives from the cypress Federal Little League with an Adopt-A-park (Oak Knoll Park) Sign. Mayor Age encouraged other groups to consider the Adopt-A-park program. 4 CITY COUNCIL MINUTES February 27,1995 The City Manager reviewed the discussions held on the Workshop Session items of community Safety Advisory Committee and Investment Policy. He then summarized the actions taken by the Council on those items on the 5:30 p.m. portion of the Agenda. At the request of the City Manager, the Police Chief explained that on Tuesday, March 7 at 7:00 p.m. in the cypress Council Chamber, federal and state representatives will present information on FEMA and other Government grants, SBA loans, National Flood Insurance program, taxes and insurance. The City Attorney reviewed the discussion held during the Closed Session on the existing litigation entitled Citizens Association for the sensible Development of Warland center; Anthony L. Smith and Regan smith, et al vs, City of cypress, et al. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mayor Age announced that the Council has been advised by the City Attorney that since Shaw matter is in litigation, it will be handled through the court system and there will no longer be any oral communications on that subject. Also, any oral communications on the recall will be moved to the end of the agenda with ten minutes to be given to each side. Ms. Gina Kemna, 6061 Barbados Avenue, cypress, expressed her objection to limiting oral communications to two minutes. Mr. Bob Pepper, 6273 Trinidad Avenue, Cypress, read excerpts from the letter he received from the attorney representing Mayor Age and he provided his responses to that letter. Mayor Age then provided some answers to the statements made by Mr. pepper. Mr. Dave Simcox, 6143 Trinidad Avenue, Cypress, said he was appalled by the letter sent to Mr. Pepper and he addressed that issue. The threat of a lawsuit by the Mayor was an attempt to take away the democratic process and the citizens right to question information that is obtained from the City Council. At Mayor Age's request, the police Chief will check to determine if any complaints of intimidation have been received by the department. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke against the recall effort and in support of the Shaw carpet warehouse. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, challenged some of the statements made by the Mayor regarding her 1988 campaign contributions. RECESS: Mayor Age recessed the meeting at 8:05 p.m. and reconvened at 8:10 p.m. with all Council members present. Mayor Age reiterated that the previous speaker was addressing the recall Issue, which is to be conducted at the end of the regular agenda. Mrs. Simcox continued with her discussion on Mayor Age's 1988 campaign contributions and gifts. Dr. Alan Buck, 6073 Nauru street, cypress, spoke on environmental statements that are tendered to the City to substantiate the applications for the business park projects. Mrs. Therese McCormack, 9130 Esther street, cypress, commented on remarks made at a prior Council meeting, on literature recently received and Council involvement in citizens problems. Mr. Don Wesling, 11431 Anegada street, cypress, responded to some remarks made by Council during previous meetings. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. 5 ,.- .- ~[3 354 L~ CITY COUNCIL MINUTE5 February 27, 1995 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93- 3, CHURCH USE AT 6381 BALL ROAD: Mayor Age opened the pUblic hearing and referred to the staff report dated February 21,1995, which requested a continuation. It was moved by Council member Bowman and seconded by Councilmember Kerry to continue consideration of the renewal of Conditional Use Permit No. 93-3, to the City Council meeting of March 13, 1995. 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- 26. PLACEMENT OF A MOBILE HOME ON PROPERTY LOCATED AT 4861 CAMP STREET, CYPRESS: The pUblic hearing was opened by Mayor Age. The City Manager asked Planning consultant, Pam steele, to present the staff report dated February 16,1995, which was continued from the February 13,1995 meeting in order to allow time for the City Attorney to determine whether mobile homes were included under the definition of manufactured housing. Since that time, the Council has received a communication from the City Attorney and the Council will consider whether the use is appropriate for the area. Several options were provided in the report to aid the Council in their decision and additional communication had been received from the applicant, who is in the audience. Mr. Darrell Hamilton, 2250 W. Chestnut, san Bernardino, representing his mother Gladys Hamilton, asked if the Council had an opportunity to read the information he had provided them regarding manufactured homes. He also questioned some of the conditions that would be required, mentioning Conditions No.2, 3, 6, 17, 19 and 20 and the possibility of a temporary use permit for his manufactured home. Responding to Councilmember Bowman, the Public works Director answered that Conditions NO.3, 4 and 6 are all standard conditions to be applied when a permanent structure is built. If there is the possibility of an interim use, the conditions can be reviewed. Condition NO.2 on the drainage would still apply. Regarding Conditions No. 19 and 20, the planning Consultant advised that the Code requires "two covered spaces" and an accessory building to be compatible with the existing structure. Council member Kerry mentioned Condition NO.8 and the Public Works Director responded that if the Council is considering an interim use, that condition would be reviewed also. She also expressed concern about renting out the manufactured home without sale of the property and the elimination of that possibility. The Planning Consultant referred to the additional condition on the staff report dated February 16,1995 where that possibility was addressed. Mayor Age asked if anyone wished to speak in favor of the application. pastor wylie Drake, Buena park, appeared to speak on behalf of Mrs. Gladys Hamilton and appealed to the Council to approve her application. The Mayor asked if anyone wished to speak in opposition to the project. Mrs. Therese McCormack expressed interest in this project because she lived on a contiguous street and was concerned about the devaluation of homes on her street. Camp Street is a slummy looking area that this manufactured home will not enhance. No one else wished to speak in opposition. Mr. Frank correa, 4906 Bishop Street, cypress, spoke in support of Mrs. Hamilton's application and if the previous speaker lives in their neighborhood, it is on the other side of the wall. The Pastor of the OMS orange county Holiness Church, 4872 Bishop street, cypress, mentioned the support the Hamiltons gave to their church and referred to the letter sent to the Council by the co-Pastor expressing their support of the project. Council member Bowman stated that he did not have a problem with waiving Condition NO.3 and 6 and would like to clarify ownerShip in Condition NO.1 in the February 16 6 .~ //./ 355 CITY COUNCIL MINUTES February 27, 1995 staff report to read, "...at such time as the property changes ownership or within 180 days after the property is no longer occupied...." He further clarified that if there is any sale or transfer, the removal shall happen immediately. Council member CarrOll asked about the zoning of the property and the Planning Consultant replied that this was a transitional area; therefore, any urban use can be approved in this zone subject to a conditional use permit. Councilmember Carroll stated that Camp Street is clearly not zoned for a mobile home park and he would vote against this application. The City Attorney clarified that the property in which the single family residence is located is not zoned single family residential or multi-family, therefore, It is a use subject to a conditional use permit and whatever conditions are appropriate can be imposed. Council member Jones mentioned that she thought Mrs. Hamilton's property was one of the best maintained on the block. It is a very unique area in the City and she supported the application for the temporary use. It was moved by Council member Bowman and seconded by Councilmember Kerry to close the pUblic hearing and adopt the Resolution by title only, title as fOllOWS, approving the request for the placement of the mobile home at its proposed location subject to conditions imposed dated February 16, 1995, with the insertion of "180 days" and the waiver of conditions as discussed. RESOLUTION NO. 4450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-26 - WITH CONDITIONS. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age 1 COUNCILMEMBERS: Carroll o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 95-1/DESIGN REVIEW COMMITTEE NO. 94-30, ADDITIONAL OF SECOND UNITIWAIVER OF REQUIRED OPEN PARKING SPACE AND REDUCTION IN DRIVEWAY WIDTH. 8792 CYPRESS STREET: The Mayor opened the public hearing. The City Manager asked the Planning Consultant to summarize the staff report dated February 14,1995, which represented a request to construct a Single-familY unit on the rear portion of property containing an existing single-family dwelling located at 8792 cypress street. Included with this application was a request for a variance to allow a waiver of the required open parking space and a reduction in the width of the driveway. In accordance with the reqUirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 3. In order to grant a variance request, the cypress Zoning Code reqUires that the City Council make findings as described in paragraphs A, B or C and in paragraphs D and E in the staff report. Notices of the public hearing were posted, published and mailed to all property owners within a 300-foot radius of the subject property. To date, staff has not received any comments regarding this proposal. The applicant for the project, Mr. King Sai wong, was not in the audience. Mayor Age asked if anyone wished to speak in support of or in opposition to the project. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to close the pUblic hearing, instruct staff to file a Notice of Exemption in accordance with the requirements of the California EnVironmental Quality Act and adopt a Resolution apprOVing Variance No. 95-1 and Design Review Committee No. 94-30, Subject to conditions In Exhibit "A". RESOLUTION NO. 4451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING VARIANCE NO. 95-1 AND DESIGN REVIEW COMMITTEE NO. 94-30 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: 7 356 /e CITY COUNCIL MINUTES February 27, 1995 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. 95-2, CONSTRUCTION OF AN OFFICE/WAREHOUSE/WHOLESALE DISTRIBUTION FACILITY AT 11130 WARLAND DRIVE: The pUblic hearing was declared open by Mayor Age. The City Manager read two communications into the record, one dated February 27 to Doug Hawkins from Steve Galanter and the second from Mayor Charles sylvia of the City of Los Alamitos, which are on file in the City Clerk's office. He then called upon the Planning Consultant to present the staff report dated February 24, 1995, which represented a request to construct a 96,000 square foot office/warehouse/wholesale distribution facility on the property located at 11130 Warland Drive, within the PC-4 Planned Community Business Park Zone. She drew the Council's attention to the presentation boards Showing the rendering of the project, the project site and floor plans and the site line from second story residents to the South East of the project from both the Diamond sports warehouse distribution facility and the speculative building. The application was for one of two buildings proposed on the same parcel. A conditional use permit is required for the proposed "whOlesale distribution" use of the building. The proposed office/warehouse building will be considered separately for a Design Review Committee permit. The proposed project meets all development codes and standards set forth in the cypress zoning ordinance, and the warland/cypress Business Center Specific Plan. The proposed project is also consistent with the goals and policies set forth in the cypress General Plan and the Warland/cypress Business Center specific Plan. In accordance with the requirements of the California Environmental Quality Act (CEQA), an Initial StUdy and a Mitigated Negative Declaration have been prepared for this project. The Design Review Committee reviewed the architectural and site design of the proposed building and recommended approval of the project design, subject to Committee approval of final visual screening materials. Based on an analysis of the proposed project design and use included in this application, staff recommended approval of Conditional Use Permit No. 95-2, as conditioned to include mitigation measures identified in the Diamond sports Distribution Facility & Spec Building "B" Initial StUdy and the associated Mitigation Monitoring program. Notices of this publiC hearing were posted, published and mailed to all owners of properties located within 300 feet of the SUbject parcel. Two Cypress residents have requested and received a copy of the permit application and the Initial StUdY prepared for the combined tWO-bUilding project. However, staff did not receive any communication in favor of or OPPosition to the project prior to the preparation of th is report. Councilmembers asked staff to review and explain portions of the report in more detail. Mr. Dwayne Mears, The Planning center, 1300 Dove street, Newport Beach, advised that all the Planning documents provide the context to evaluate an individual project. The SpecifiC Plan views the impacts cumulatively and, within that context, they specifically looked at the individual impacts of the project. He then explained "cumulative impacts" using air quality, noise and traffic as examples. Mr. Brian Harvey, cypress Land Company, 2203 E. Carson Street, Suite A-1, Long Beach, provided information on Diamond Sports, which is a major supplier of baseballs and protective gear to the Little League organizations. cypress Land has competed against many other developers for this tenant, which is a family-owned company in a light use industry. He mentioned that at the December 12 meeting he pulled his application on Foodmaker in deference to the opposition of some of the residents. At the same time, he brought up the Diamond sports business and many people assured him they had no interest in that because it was a light use. Mr. Harvey then introduced Mark Armbruster. Mr. Mark Armbruster, Attorney for cypress Land company, advised that he has read the correspondence from the neighbOrs regarding some of the issues. He then spoke on some of the environmental quality or CEQA issues, cumulative impacts and piecemeal development. He addressed the environmental documentation and the Warland SpecifiC Plan. Developers are now implementing the plan that was adopted and are under the thresholds that were adopted and fully analyzed in the environmental impact report in 1984 and Subsequent reports. He mentioned and read from the Development Agreement executed in 1994. He also responded to issues that were raised in the letter from the residents' attorney. He believed the overall issue was the current law suit and somehow cypress Land was being dragged into it. He urged the Council to proceed with this project. 8 357 CITY COUNCIL MINUTES February 27,1995 Councilmember Kerry referred to condition NO. 57 and expressed a concern about not constructing Building NO.2 then the loading docks would be facing the residents on the other side of valley View Street Mr. Harvey stated that both structures will be built at the same time, with the building covering almost all of the back of the parcel along with an eight foot fence with landscaping. If the second building were not constructed, the fence would be continued all along the westerly property line. Council member Kerry asked for further assurances on Condition No. 57 to which Mr. Harvey agreed. The Planning Consultant suggested that the condition be changed to assert that a block wall would be erected to the height of eight feet. Council member Kerry mentioned Condition No. 54 regarding the hours of operation from 7 a.m. to 7 p.m. and asked which days of the week. Mr. Harvey responded the business would actually operate five days a week, but they are asking for the flexibility of a six day a week operation. Council member Kerry asked that no truck traffic on sunday be clarified in Conditions No. 54 and 55. Mr. Steve sasaki, WPA Traffic Engineering, 680 Langsdorf Drive, Fullerton, explained the analysis done on both the spec and the Diamond sports buildings and the assumptions stated. part of the environmental documents related to the General Plan and the City- wide fee study, He mentioned that the City went one step further and implemented a regional fee so it is not only looking at impacts within its borders but impacts outside the City. The City Manager Interjected that the City proposed this to other cities in the general area and, unfortunatelY, no one was willing to enact similar ordinances in their respective jurisdictions. The City of Cypress did adopt the ordinance based on an obligation to address regional traffic impacts. Mr. Sasaki went on to explain the congestion Management Program (CMP) whose main purpose is to ensure that new developments pay their fair share of traffic impacts. After further questions and answers of the Traffic consultant, Mayor Age asked if anyone wished to speak in support of the application. Mr. Steve RObbins, President of the cypress Chamber of Commerce, 6172 Rosemary Drive, cypress, spoke on behalf of Diamond Sports company. He understood that there was a request to delay a decision on this project and he stated that an arbitrary delay of their application or the project will potentially harm Diamond sports and the City of cypress. NO one else wished to speak in support of the project. RECESS: Mayor Age recessed the meeting at 10:30 p.m. and reconvened at 10:50 p.m. with all Council members present. continuing with the public hearing, Mayor Age asked If anyone wished to speak in opposition to the project. Mr. Daniel Wildish, Wild ish & Nialis, 500 N. state college Blvd., Ste. 1200, orange, an attorney representing the Citizens for Sensible Development, confirmed that the Council had received their written comments and objections to CUP No. 95-2. He briefly commented on the timing of the public hearing, the review period, inappropriateness of availability of staff reports, cumulative impacts, piecemeal development, environmental impact reports and noise standards. The threshold question under CEQA is, will the development have a significant impact upon the surrounding environment. He suggested that this issue was being brought before the Council prematurely and to release the studies and mitigation engineering measures today without an adequate opportunity to completely assess it, he thought was inappropriate. He asked that consideration be given to postponing a final decision on this project until there is a determination in the court. It is not the intention of the group to stop every project that comes up; it is the intention of the group to insure that there is full public disclosure and that they get the full benefits for a full environmental impact report. Responding to Council member Bowman's question If it was the intent to continue all of the projects in the Cypress Warland BUSiness Park until the court case is decided, Mr. 9 358 CITY COUNCIL MINUTES February 27,1995 Wildish said at a minimum the projects in Planning Area 1 should be continued and completely considered. Mrs. Danielle Galanter, 11512 Samoa street, Cypress, stated that CEQA mandates that cumulative impact be considered within every specific plan area and any large project should come with an environmental impact report and a specific plan, conformity with Measure M and specific plan conformity with the cypress General Plan. Mayor Age asked to Interrupt for a motion to continue the meeting past 11:30 p.m. It was moved by Council member Kerry and seconded by Councilmember Bowman to continue the City Council meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: o COUNCILMEMBERS: o COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age None None Mrs. Galanter continued with her presentation quoting from the EIR of the 1986 General Plan. She also touched upon traffic study, trip ends, congestion, mixed use and employment opportunities. She remarked that she was not necessarily opposed to the Diamond Sports warehouse, but it is imperative to find the cumulative impact of all the facilities planned for Area 1 before any project is approved and she asked that the Council continue this hearing. Dr. Alan Buck spoke on the change of environmental impacts and the City should be dealing with the perceptions as they are present today, not in 1984. He asked that the experts provide their documents in the form of a sworn affidavit. He said that the carpet warehouse intrudes on the airport space and into the air quality management district in cypress forming a point source of air pollution and fire hazards. Mrs. Regan Smith, 6033 Trinidad Avenue, cypress, spoke about her concerns on the timing of the Diamond sports project. She stated that prior to 1984 Planning Area 1 was to be comprised of low density residences, a regional park and the area at the north end of the site was to be light industrial. She remarked on the weight given of Warland Investments and cypress Land Company's input into the race track swap meet project. The City needs a complete project analysis for the entire speCific Plan for Planning Area 1. She asked that the public hearing be continued until the court hearing makes the final determination on the environmental analysis of Planning Area 1. Mr. Bob Pepper, 6073 Trinidad Street, cypress, explained that they were not fighting business nor Mr. Harvey. They are saying slow down and do it right because that is the Council's obligation to the community. Mr. David Wing, 11631 Rabaul Drive, cypress, spoke about the care and quality in the planning of the cypress business community with one major exception. Diamond sports would make a fine addition to the City unlike its larger neighbor to the south. He requested that the Council not commit the City to further projects until the legal and environmental issues surrounding the Warland project have been completed. Mrs. Ingrid Kline, 6163 Trinidad Avenue, Cypress, commented that when the Shaw carpet Warehouse project came before the council, she had presented them with over 500 signatures voiCing residents' concerns to the project. The Council's disregard of the concerns of the citizens forced them into a lawsuit. They are only asking that a full environmental stUdY be done rather than put in one trUCking facility after the other in a piecemeal fashion. She asked that the Council wait until a full environmental stUdy had been done before voting on the Diamond sports project. MS. Jane Fair, resident of cypress Village, expressed concern for the cumulative effect on their area by all the warehouse developments proposed for the properties bounded by orangewood, valley View and Katella. She also spoke about the residents Objection to the opening of Holder Street. Mayor Age advised that the opening of Holder street will take Council action and it is not something foreseen in the near future. Mr. Brian Black, 11382 Anegada street, cypress, asked the City Council to conduct a complete and comprehensive environmental impact report (EIR) on the whole area involved. Performing an EIR now will put to rest the question of what the area can and 10 ~!/ / 359 CITY COUNCIL MINUTES February 27, 1995 cannot support thus eliminating the cost of litigation. He asked for the Council's opinion on this request. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, read from the letter she submitted to the City and referred to an article from the NeWS-Enterprise dated January 26, 1995. She referred to statements made by the City Manager on the fast-tracking process and the master plan. She requested that all Council members that received campaign contributions from cypress Land company or their attorney withhold their vote. She felt that cypress should adopt the "tin cup" policy. Mr. Mark Armbruster responded to the reference to the swap meet and various projects that were suggested for the property. He explained when an environmental Impact report is needed and when it is not. Everything they are doing is a permitted use or a permitted use subject to a conditional use permit. He commented that he did not hear any specific evidence directed to why those studies are wrong. He saw no compelling reason why the Diamond sports project should be penalized because of concerns about other projects. Mr. Brian Harvey said he hadn't heard one person say they didn't like the project. They have been drawn in because of the litigation. The project is a light use, enhances the area and they have a responsibility to their tenant. There was discussion on the proper procedure in conducting a public hearing and the applicant's right to rebut. Mrs. Galanter commented that the Development Agreement between the developer and the City was made during a closed session with no member of the pUblic present. The City Attorney explained what a development agreement does and that it was approved through a public hearing on september 12. The City is obligated to entertain entitlements which are given to the developer through the agreement; it does not guarantee that they will be approved. Mr. Armbruster said he felt all of the issues had been addressed and volunteered to answer any questions from Council. Mr. Jerry pulaski, no address given, voiced a concern on public safety because of the location of the property in the landing path of Los Alamitos Air Reserve Center and the noise level created by aircraft. Mr. Armbruster advised that those concerns were addressed in the conditions of approval, base approval and compliance with FAA instructions was obtained on this project. Mitigation measures regarding noise are required to be followed in this area. Councllmember Bowman advised that there are a number of parcels in the City being considered for development and he did not have a valid reason to continue this project. He did not feel this project should be tied to the lawsuit. The cumulative impacts have been studied and he will base his decision on what the experts say it is. It was moved by Councilmember Bowman to: 1. Close the public hearing, 2. Adopt a finding of De Minimis Impact, approve the Mitigated Negative Declaration, adopt the Mitigation Monitoring Program and direct staff to file a Notice of Determination and De Minimis Impact Exemption; and 3. Adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 95-2, subject to conditions in Exhibit "A". Councilmember Carroll asked that if traffic is the problem, has its cumulative effect been addressed. The Public Works Director advised that all the traffic studies have considered the potential for traffic generation. Councilmember Carroll commented that he didn't feel Council could delay their decision for the outcome of the court hearing. Several people have said they did not Object to the Diamond Sports project in itself and that was very Important to him. 11 360 CITY COUNCIL MINUTES February 27, 1995 Council member Kerry seconded the motion but asked Council member Bowman to include in his motion the minor changes made to Conditions No. 54, 55 and 57. Council member Bowman concurred. Council member Jones agreed with Council members Bowman and Carroll's remarks on Diamond sports and it is a project that stands on its own. The project is desirable and it cannot be tied to Shaw Industries. Council member Carroll reported that he has met with Messrs. Smith and Pepper and Messrs. Harvey and Armbruster for morning coffee. Mayor Age announced that she would also support this project and called for the vote. RESOLUTION NO. 4452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-2 - 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 RECESS: Mayor Age recessed the meeting at 12:50 a.m. and reconvened at 1:00 p.m. with all Council members present. CONTINUED CONSIDERATION OF THE CITY OF CYPRESS INVESTMENT POLICY: The City Manager asked the Finance Director to summarize the staff report dated February 17, 1995, which indicated that the policy is reviewed and modified to ensure its consistency with the overall Objectives of preservation of principal and liquidity and its relevance to current law, financial and economic conditions. The statement of investment policy has been modified to include detailed descriptions of policies, guidelines and strategies, as well as definitions of approved investments. Council member Carroll asked that the policy statement incorporate preservation of capital, preservation of purchasing power of the capital and then the funds may be used to earn income for the General Fund. Councilmember Bowman suggested an analysis of cash flow and how many funds would be free so the amount of City money in the State fund could be reduced. Councilmember Carroll suggested that less City money be invested In the State fund, closer to 30 to 40% rather than 60%. Councilmember Kerry advised that a letter should be written to the state telling them what their priorities should be as to the safety and security of the funds and that the City be notified immediately of any change In their policy. The City Manager suggested that staff prepare a letter to the State Treasurer outlining the City's concerns In the priority listings and of notification of any change In policy direction. After receipt of a response, the Finance Director could consider the liqUidity issue. The Finance Director recommended that the Council's pOint of view on the investment pOlicy be added and adopted as a Resolution. 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 DESIGN REVIEW COMMITTEE PERMIT NO. 95-2, CONSTRUCTION OF A SPECULATIVE OFFICE/WAREHOUSE BUILDING AT 11160 WAR LAND DRIVE: The City Manager called upon the Planning Consultant to summarize the staff report dated February 24, 12 CITY COUNCIL MINUTES February 27, 1995 1995, which represented a request to construct a 25,900 square foot office/warehouse building on the property located at 11160 warland Drive. This is the second building of a two building project located on the same parcel. A Design Review Committee permit is required for the design of this proposed speculative office/warehouse building. In accordance with the requirements of the california Environmental Quality Act ICEQA) an initial study and a Mitigated Negative Declaration have been prepared for this project. The proposed speculative building does not have a specific tenant at this time and will remain unoccupied until a tenant is secured. The Design Review Committee approved the design of the proposed project on February 14, 1995. The Committee determined that the proposed project, as conditioned, meets all development codes and standards set forth In the cypress zoning ordinance and the Warland/cypress Business Center specific Plan. The proposed project is also consistent with the goals and policies set forth in the cypress General Plan and the Warland/cypress Business Center Specific Plan. The Initial StUdy prepared for this project concluded that the proposed project Is consistent with the warland/Cypress Business Center Environmental Impact Report IEIR) and the cypress General Plan Update EIR. The Initial study also found that, with the Implementation Of mitigation measures, the proposed project will not have a significant effect on the environment. She mentioned that the same conditions of approval were imposed regarding hours of operation and landscape screening. The same comments were received on this project as for the previous one and they have been reviewed jointly. Councilmember Kerry asked that the days of the week be Inserted into the hours of operation condition. It was moved by Councllmember Jones and seconded by Councllmember Kerry to: 1. Adopt a finding of De Minimis Impact, approve the Mitigated Negative Declaration, adopt the Mitigation Monitoring Program and direct staff to file a notice of determination and De Minimis Impact Exemption; and 2. Adopt the Resolution by title only, title as fOllOWS, approving Design ReView Committee Permit NO. 95-2, subject to the conditions in Exhibit "A", with modifications. RESOLUTION NO. 4453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-2 - 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 Mayor Age expressed her concern about the fOllOwing item and requested the Council spend some time discussing It. CONSIDERATION OF REQUEST FOR DETERMINATION OF ACCESSORY USE TO BANDAI CORPORATE HEADQUARTERS FACILITY: Mayor Age referred to the staff report dated February 24, 1995, which indicated a request was received from Bandal America to withdraw their requests for a Council determination regarding accessory uses, scheduled for the February 27, 1995 City CounCil meeting and Design Review Committee NO. 95-12 for their corporate headqUarters facilities. The request to withdraw their apPlications also Included the request for refund of the $850.00 application fee for Design Review Committee No. 95-12. It was moved by Councllmember Kerry and seconded by Council member Bowman to approve the refund for the full amount of the application fee. 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 13 CITY COUNCIL MINUTES February 27, 1995 Council member Kerry stated her concern about a development that was proposed for the corner of walker and Katella, a corporate headquarters, with extremely low density and a large amount of open space. She was disappointed because this organization did not ask for a continuation, they withdrew and are requesting all fees be returned. Mayor Age reported that some people have sued the City, there has been telephone calls and/or letters to the FAA, the Fire services, the CEO of Shaw Industries, Foodmaker, the Board of Equalization, the Los Alamltos Air Base, the Los Alamitos City Council and the Garden Grove City Council. There seems to be an air of anti-business in cypress. She expressed concern that names are being taken off the project Log before they come before Council and asked that this be reviewed at the next Council meeting. Councilmember Carroll commented about the Bandal product line and a corporate office and new jobs could be very good for cypress. The Planning Consultant announced that the applicant's representative was in the audience, he had to leave and asked that it be relayed that Bandai is in redesign and they will return for City Council consideration. The Personnel Director reported that the video tape of the Council meeting will end in approximately ten minutes. CONSIDERATION OF STATUS REPORT ON THE TRANSFER OF OWNERSHIP FROM COPLEY/COLONY CABLEVISION TO CONTINENTAL CABLEVISION: The Personnel Director reviewed the staff report dated February 22, 1995, which described the transfer of ownership of the CATV franchise from copley/colony Cablevlslon to Continental Cablevision. During this processing time period, various audits of the existing franchise should take place, as well as other legal "due diligence" to assure a proper transfer. Several cities have expressed interest in the consolidation and some of the processing can be completed using a group of cities to reduce the individual cost. It was moved by Council member Kerry and seconded by Council member Jones to receive and file the staff 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 COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 13872 -14109: It was moved by Councllmember Bowman and seconded by Councllmember to approve the Warrants No. 13872 through 14109 In the amount of $945,481.72. 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 1:25 a.m. to allow the Council to act as the cypress Redevelopment Agency. The meeting reconvened at 1:30 p.m. with all Council members present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The City Manager asked the Council to adjourn tonight's meeting in memory of the former City Manager of the City of Los Alamltos, Mike Graziano, who passed away today. Council member carroll asked that a discussion of mid-year expenditures be Included in the next Council workshop session. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, addressed a recent flyer that was sent out by cypress Warland Business Center with reply cards. She read into the record a letter mailed by John Law on February 20, "Thank you for your support on behalf of Warland Investments. We are gratified that over 500 total responses were received. They were more than 5 to 1 In favor of the project and opposed the recall of two City Councilmembers:' She also read the three statements on the reply card. She then asked Mayor Age about her cash contributions from race track interests and the Mayor responded. 14 / 363 CITY COUNCIL MINUTES February 27,1995 Mr. Don wesling, 11431 Anegada st., cypress, said that when a project as large as the Shaw warehouse is surrounded by residences, there will be repercussions. Any reasonable business person would know the situation and that the citizens are not anti- business. They are in favor of good business. Mrs. Regan smith, 6033 Trinidad Avenue, cypress, asked for a public apology from the Mayor and Councllmember Kerry because of the inference that the residents were writing letters to companies that might consider building In Cypress after looking at the project logs. Mayor Age asked for three copies of the video tape of the Council meeting of February 27,1995. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 1:45 a.m. to Monday, March 13, 1995 at 4:30 p.m. in the Administrative Conference Room in memory of former City of Los Alamitos City Manager, Mike Graziano. - M YOR OF THE CITY OF CYPR SS ATTEST: 15