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Minutes 95-04-24 " ., -' /' / . ()': MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 24, 1995 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, April 24, 1995 In the Administrative Conference Room, City Hall, 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 Recreation and Park Director Marvin Decarlo. WORKSHOP SESSION: Joint Meeting with the Recreation & community services Commission. Mayor Age opened the meeting at 4:35 p.m. with Introductions being made all around and Recreation & Community Service Commissioners preston, sunley, Trainer, Livingston, Friedland and prevost present. several Items were on the agenda and there was discussion on the development and renovation of Arnold/Cypress park; the veterans Park Master Plan; various capital projects that were supported by the Recreation and community services Commission and which will be part of budget considerations by the Council. There was discussion about the annual conference attendance bY the commission, their Involvement at the various District and State levels and any Impact of the orange county bankruptcy on the City and the park and Recreation District budget. The Director was directed to pursue the possibility of the City'S use of private business' tennis courts. RECESS: Mayor Age recessed the meeting at 5:15 p.m. to enable the Councllmembers to move to the Council Chamber. The meeting reconvened at 5:36 p.m. with all Council members present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Chrlstoffels, DeCarlo, KellY, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. 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. Council member carroll requested that Item NO.7, Consideration of ReqUest from the Cypress Twirlers square Dance Club to Use the City Council Plaza Area, be removed. It was moved by Council member Bowman and seconded by Councllmember Kerry to approve the Consent calendar Items No.1 through 12, with the exception of Item NO.7. 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 Item NO.1: Motion to Approve City CounCil Minutes of April 10, 1995. Recommendation: That the City CounCil approve the Minutes of the Regular Meeting of April 10, 1995, as submitted. Item No.2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title only and to Waive Further Reading. Item NO.3: Consideration of Proclaiming April 30, 1995, as "Domestic Abuse Awareness Day." Recommendation: That the Mayor and City Council officially proclaim April 30, 1995, as "Domestic Abuse Awareness Day" In the City of Cypress. 1 4{),1 CITY COUNCIL MINUTES April 24, 1995 Item NO.4: Consideration of proclaiming May 1995, as "Better Hearing and speech Month." Recommendation: That the Mayor and City Council officially proclaim the month of May 1995, as "Better Hearing and speech Month" In the City of Cypress. Item NO.5: Consideration of proclaiming May 7 -13, 1995, as "Hlre-A-Veteran Week." Recommendation: That the Mayor and City Council officially proclaim May 7 -13, 1995, as "Hlre-A-Veteran Week" In the City of Cypress. Item NO.6: Consideration of Adoption of Resolution Recognizing the support Given to the community and the Cypress Police Department by the Matsushita Electric corporation of America. Recommendation: That the City Council adopt the Resolution by title only, title as fOllOWS, recognizing the corporate support of the community and the Cypress POlice Department by the Matsushita Electric Corporation of America. RESOLUTION NO. 4470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN RECOGNITION OF THE CORPORATE SUPPORT OF THE COMMUNITY OF CYPRESS AND THE CYPRESS POLICE DEPARTMENT BY THE MATSUSHITA ELECTRIC CORPORATION OF AMERICA. Item NO.8: Consideration of an Application for Alcoholic Beverage License Transfer Flied by Klichi Aral and Jae Jang park, D.B.A. Byushln, 10953 Meridian, Cypress. Recommendation: Receive and file. Item NO.9: Consideration of Design Review Committee'S Approval of DRC 695-19. Recommendation: That the City Council adopt the Resolution by title only, title as fOllOWS, approving Design Review Committee Permit No. 95-19 - with conditions: RESOLUTION NO. 4471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-19 - WITH CONDITIONS. Item No. 10: Consideration of Legislation and Other Issues for City Council support or Opposition. Recommendation: That the City CounCil authorize support of the League of California Cities' position on SB 1073 (Costal, relating to Housing Element Restructuring. Item No. 11: Consideration of proclaiming May 13,1995, as "Fire Service ReCognition Day." Recommendation: That the Mayor and City Council officially proclaim May 13, 1995, as "Fire Service Recognition Day" In the City of Cypress. Item No. 12: Consideration of Recommendations From the CATV Commission Regarding PEG Guidelines and Fullerton college Grant Application. Recommendation: That the City Council: 11 Adopt the PEG Guidelines as listed on Attachment 61 of the staff report dated April 18, 1995; and 21 APprove the Grant Application from Fullerton cOllege, In the amount of $500.00, as noted In Attachment H2 of the staff report dated April 18, 1995. END OF CONSENT CALENDAR Regarding Item No.7, Consideration of ReqUest From the Cypress Twirlers SQuare Dance Club to Use the City Council Plaza Area, Councllmember carroll had asked If the City were subject to any potential liability as a result of this group's use of the City facilities. The City Manager responded that this Is a group of square dancers who have been using the City faCility for the past 20 years and they do carry their own Insurance which they are required to post with the City. It was moved by Council member carrOll and seconded 2 L,.'- r '-I 406 CITY COUNCIL MINUTES April 24, 1.995 by Councllmember Bowman to approve the request of the Cypress twirlers square Dance Club for use of the City Council Chamber plaza area on June 24, JUly 22, and August 26,1995, from 7:00 p.m. to 11:30 p.m., subject to the condition that the organization be required to pay for any additional costs Incurred In providing maintenance and utility services. 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 RECESS: Mayor Age recessed the meeting at 5:40 p.m. to allow the Council to enter Into closed session to discuss those three agendlzed Items of existing litigation: Conference With Legal Counsel (Government Code section 54956.9(al citizens Association for the sensible Development of warland center, Anthony L. smith and Regan Smith, et al vs. City of Cypress, et ai, orange county Superior Court cases No. 737801 and 744436; and Conference with Legal Counsel (Government Code section 54956.9(al Matter of the APplication for Disability Retirement - Christopher LaCascla and Matthew Robinson. 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, Chrlstoffels, Decarlo, KellY, storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councllmember Jones. PRESENTATIONS: Mayor Age announced that two presentations on the Agenda would be rescheduled. The two new Traffic Commissioners Joseph J. Mansollno and Harvey Imanuel were administered Loyalty Oaths and presented with Certificates of Appointment by the City Clerk. The City Manager reviewed the discussions that took place during the joint meeting with the Recreation and community Services Commission. He then summarized those actions taken by the Council at the 5:30 p.m. session of the Council meeting. The City Attornev reviewed those discussions held during Closed Session on the three agendlzed Items concerning existing litigation. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mayor Age announced that Arts Week will be held from Friday, April 28 through May 5 and asked the citizens to join In the activities. MS. Helen smith, 9881 sunny Circle, Cypress, and Mrs. Joan EdwardS, 4224 Via Norte, Cypress, representing the Cypress Area Ecumenical Coalition, read a letter commending the Council on the decision to remove the objectionable and unsightly newsracks In the City. Mrs. Vlkl conde, 11301 Anegada street, Cypress, spoke on the Child Abuse Prevention campaign conducted throughout orange county and that her son, Matt, was awarded first place In the essay contest on child abuse prevention. She asked the CounCil to recognize the achievements of their high school students and provided a copy of his award and essay. Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, stated she had reviewed the Brlggeman franchise agreement and objected to the overcharging of residential and commercial trash disposal rates. She asked that the 20 year contract granted Brlggeman be reconsidered. MS. Jo Dutro, 10002 st. stephen Circle, Cypress, addressed the recall petition. She stated that a section of the City was set aside to provide a more lucrative tax base and she supported and commended the City CounCil, the City Manager and the City Attorney for doing an excellent Job. 3 " Lj-.;Lll/<I 407 CITY COUNCIL MINUTES April 24, 1.995 Mrs. Jane Wozniak, 4480 Avenlda Granada, Cypress, concurred with MS. Dutro'S speech and asked the people cOllecting signatures on the recall petition to quit referring to Shaw as a trucking operation; It will be a carpet warehouse. Mr. Dave Conde, 11301 Anegada street, Cypress, stated he was exercising his right to recall members of the Council he disagreed with and who no longer supported the citizens. Councllmember carroll thanked the Cypress Fire and Police Departments for the support they provided the City of Garden Grove at a fire Involving hazardous materials on Easter morning. As Council member Kerry began to speak on the zoning south of Katella, the City Attorney advised that because of the subject matter It would be more appropriate to comment on this at the end of the public hearings. Council member Jones thanked Mrs. Conde for bringing her son's achievement to the CounCil's attention. She said that Councllmember Kerry mentioned It might be a good idea for Matt Conde to be Invited to a Council meeting to read his essay. Mayor Age advised that she had referred the matter to the City Manager who will appropriately address the action to be taken by the Council. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-5 AND TENTATIVE PARCEL MAP NO. 95-121 FOR 16 UNIT APARTMENT DEVELOPMENT. 8731-8735 BELMONT STREET. 4771 MERTEN AVENUE. 8732-8736 SUMNER PLACE: Mayor Age opened the publiC hearing. The City Manager asked the Planning Director to summarize the staff report dated April 7, 1995, which represented a request to construct a 16 unit apartment development. Included In the request was Tentative Parcel Map NO. 95-121, which will merge the existing three parcels Into one. The proposed project met all development codes and standards as set forth In the Cypress zoning Code and consists of a maximum height of approximately 32 feet. Staff asked that the City CounCil provide direction as to the appropriate building height for this multiple-familY development currently developed with slngle-story single-family residences. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration had been prepared for this project. The DeSign Review Committee had reviewed this project and with the exception of the height of the structures, had approved the design concept of the development. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius of the subject site. To date, the City received one phone call from a resident on Merten Avenue, expressing concern regarding the generation of on-street parking and Increased traffic created by this project. Mr. Dennis Flynn, architect for the project, Yorba Linda, answered questions from the Council on the block wall and trash disposal, garages, roofing tiles and roof height. Mr. Roger crotteau, QBH partners, 4891 Grace Avenue, Cypress, explained the configuration of the apartment units. After additional questions and answers, the City Attorney advised that a condition could be imposed that the garages are to be used only to park vehicles. Council member Jones asked about the possibility of a stop sign at the corner of Merten and Sumner and the PUblic Works Director would bring the Issue before the Traffic Commission. Mayor Age asked If anyone wished to speak In support of the project. No one did so. She asked If anyone wished to speak in opposition to the project. Ms. Yvonne Greenelsh, 8751 Sumner Place, Cypress, said she didn't want apartments there at ail, but she knew they would come. The neighbors are not happy with the project, she doesn't want to look at trash bins and she didn't care for the height of the proposed development. 4 L/.~.. J../ ~ 408 -; CITY COUNCIL MINUTES April 24, 1.995 Ms. JOLynne Koch, 8752 Sumner Place, Cypress, mentioned the amount of traffic on the street, lack of parking and didn't want her child endangered. She didn't want trash cans sitting out. Ms. Gloria culpepper, Belmont street, Cypress, stated she was afraid of added crime In the area, lack of parking and didn't want more traffic. Mr. Gene Andre, 4143 Sussex Circle, Cypress, advised that he owned the property Immediately adjacent to the subject property. He had spoken about the congestion In the area and had asked that a moratorium be placed on building apartments In the area until the Infrastructure situation was resolved. There is a need to delay this type of a project until the streets and neighborhood Is Improved. NO one else wished to speak In opposition to the project. Mr. Crotteau said that they are dedicating land on Belmont Street and Merten Avenue to widen the streets. After additional discussion and responding to Councilmember Kerry, the PUblic Works Director reported that the county will be redeveloping the area in four phases and they are currently finiShing the plans for Phase II. They are considering a five year span In which all the drainage Improvements and widening of the streets will be completed. Council member Kerry expressed her concern with the project because of too many driveways, parking problems, height of the project and trash containers. It was moved by Council member Kerry and seconded by Council member Jones to close the public hearing and deny conditional use permit NO. 95-5 without prejudice. The Planning Director Interjected that a subdivision before the City Council has to be acted on within 30 days. At this point, It would be better for the applicant to either withdraw the subdivision application, condition it for 30 days or deny It. Responding to Council member Kerry's question on what would be best for the applicant, the Public Works Director suggested asking the applicant to withdraw the map application and resubmit later. The City Attorney advised that two separate motions have to be made. Councilmember Carroll remarked that he would rather see additional conditions rather than stopping the whole project. After further discussion, the City Manager said that there was a problem with the timeframe on the map and the Improbability of the applicant accommodating a change that significant in 30 days. A brief discussion on the motion ensued and the applicant asked the Council to summarize their reasons for the denial. Council member Kerry reiterated her concerns of too many driveways on Merten, height of the project for the area and the difficulty of storing Individual trash containers. The City Manager suggested the Council move on the conditional use permit and then make a motion on the tentative parcel map. Councilmember Bowman suggested that each Councllmember comment on the permit so the applicant receives his direction. The City Attorney clarified that the code mandates that a decision be made within 30 days on the tentative map and If It Is denied, specific findings must be stated. He cautioned that it is Important to make a distinction between the permit and the map because one is not conditioned on the other. Council member Kerry amended her motion to deny Conditional Use Permit No. 95-5 and Council member Jones seconded. Councllmember Jones concurred with Council member Kerry's concerns Including the lack of parking on Merten as a result of the three driveways and the lofts In the apartments which added to their height. Council member carroll commented he believed that the project was a betterment for 5 (I" {~ )t( , CITY COUNCIL MINUTES April 24, 1.995 Cypress and suggested that the changes recommended by members Of the Council be Implemented and brought back to Council. Councllmember Bowman said the height, because of the location, Is a problem and he suggested reconsidering the floor plan and eliminating the loft. He agreed with Councllmember Carroll that the project was an Improvement for the area. Mayor Age concurred with Councllmembers Jones and Kerry's reasons. RESOLUTION NO. 4472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING CONDITIONAL USE PERMIT NO. 95-5. 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 Councllmember Kerry asked If drainage could be used as grounds for denial of the tentative parcel map. The apPlicant commented that the property does not have the drainage problem, the City has the prOblem. Councllmember Kerry would be agreeable to continue the map portion for additional Information on the drainage. The City Attorney advised that the pUblic hearing could be continued for 30 days for drainage Information and then the Council could make a decision. Council member Bowman felt the parcel map Is separate from the drainage Issue and he was prepared to vote on It. Councllmember Jones expressed concern about the Improvements and the public Works Director explained that the apPlicant has two years to return with a final map, either putting In the Improvements or posting bonds but he can elect not to do that and let the map lapse or extend It. It was moved by Council member Bowman and seconded bY Councllmember Carroll to adopt the Resolution approving Tentative Parcel Map No. 95-121, with conditions. Council member Kerry stated she would vote no because she stili felt drainage to be a major Issue. RESOLUTION NO. 4473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 95-121 - WITH CONDITIONS. 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 MaYOr.Age asked If the Traffic Commission could stUdy the Issues of the stop sign at the corner of Merten Avenue and Sumner Place and the Ingress and egress onto Merten Avenue. In response to Councllmember Jones, the City Manager would provide an update on the county's plans for the area. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-6. ESTABLISHMENT OF AUTOMOTIVE REPAIR BUSINESS AND EMERGENCY TOW TRUCK SERVICE AT CREW TIRE. 6182 LINCOLN AVENUE. CYPRESS: The public hearing was opened by Mayor Age. The Planning Director presented the staff report dated April 10, 1995, which represented a request for a conditional use permit for the existing automotive repair business and to add emergency tow services to the use within the existing Crew Tire business located at 6182 Lincoln Avenue. The apPlicant Is proposing to lease and bring Into conformity the existing operation of an automotive repair business and offer emergency tow service, both In conjunction with the Crew Tire business. Within the past few years, Code Enforcement records revealed various violations within the entire commercial center. The applicant stated that vehicles will only be stored for a period not to exceed 24 hours. A total of six emergency tow trucks comprise the tow truck fleet. The proposed hours of operation for the tire and automotive repair service are from 7 a.m. to 7 p.m. The pOlice Department staff Is In agreement that the construction of an eight foot block 6 ~7 CITY COUNCIL MINUTES April 24, 1.995 wall will create a "secured parking" area fOr the overnight parking of vehicles. Notices of the public hearing were mailed to all property owners within a 300' foot radius and to date staff has not received comment. In accordance with the california Environmental Quality Act, a Class 3 categorical Exemption will be flied fOr this project. Mr. Glen Miller, 4973 Brewster, Tarzana, co-owner of the property, Introduced Mr. Abbas Rahmani, the applicant and they volunteered to answer questions from the Council. Regarding the eight foot fence, Mr. Miller explained that Mr. Rahmani never meant to have a secured area and the existing six foot block wall and chain link fence was adequate. All the fences in the area are six feet In height. The pollee Chief responded that the recommendation made was based upon the applicant's request for a secured parking area and If that was not the Intent, a change could be made. Mr. Dave smith, Operations Manager, Yorba Linda, stated that It Is a natural business consideration to be out of neighbors' way. Mayor Age asked If anyone wished to speak In support of or In opposition to the project. No one spoke. Responding to Councllmember Kerry's question on the rapidity of the property cleanup, Mr. Rahmani reported that the current tenant has to clean up the property before he vacates. There was discussion on the cleanup and the assurance from the applicant of future maintenance of the property. It was moved by Council member carroll and seconded by Council member Bowman to close the pUbliC hearing, direct staff to file an exemption In accordance with the california Environmental Quality Act and adopt the Resolution approving Conditional use Permit No. 95-6, subject to conditions outlined In Exhibit "A". RESOLUTION NO. 4474 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-6 - 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 CONSIDERATION OF PUBLIC HEARING RE: REVIEW OF DEVELOPMENT AGREEMENT NO. 88-2 BETWEEN THE CITY OF CYPRESS AND CYPRESS HOMES. INC.: The public hearing was declared open by the Mayor. The City Manager called upon the Planning Director to summarize the staff report dated April 12, 1995, which described the requirement of state law fOr periodic review of the existing Development Agreement No. 88-2. The Agreement sets forth the terms and conditions governing the development of the SOrrento specific Plan single-familY residential development for a period of 15 years, or upon completion of the project prior to the Agreement expiration date of May 11,2004. Staff feels both parties to the Development Agreement have the demonstrated good faith compliance with the terms of the Agreement; therefore, staff recommended the City Council receive and file this report for the administrative record. Such an administrative action does not require any environmental documentation, according to the provisions of the California Environmental Quality Act (CEQAl. Notices of this publiC hearing were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. To date, staff has not received any communication In response to the public notification. However, within the past year, staff has received telephone calls Inquiring about the large mound of soli located on the north side of Avenlda Granada. The elimination of the soli stockpile will be necessary prior to the development of the final phase of the Sorrento project. The Public Works Director advised that bids have been opened for the pump station, there will be a contract awarded and the pump built. He could provide CounCil with a report once the order delivery on the pumps from the manufacturer Is established. 7 I, CITY COUNCIL MINUTES April 24, 1995 Mr. John Yeager, present on behalf of Cypress Homes, Inc., concurred with the recommendation and conclusions In the staff report. Mayor Age asked If anyone wished to speak In favor of the project. No one spoke. The Mayor then asked If there was any opposition to the project. MS. Jane Wozniak, 4480 Avenlda Granada, Cypress, stated that she and her neighbors are not going to put up with that mound of dirt or the flooding that It created much lOnger. It was supposed to be a five year project on the drainage canal with the county bUilding the pump station and she wanted to know when the pump station will be built. Mayor Age asked that the dirt mound be sprayed again. Councllmember Bowman suggested that the mound be covered. The Public Works Director would provide a report to the Council at the next meeting on a tlmellne with a copy to the residents and Include discussion on covering the dirt. It was moved by Councllmember Bowman and seconded by Council member Kerry to continue the public hearing to the meeting of May 8, 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 RECESS: Mayor Age recessed the meeting at 9:50 p.m. and reconvened at 10:10 p.m. with all Councllmembers present. CONSIDERATION OF PUBLIC HEARING RE: REVIEW OF DEVELOPMENT AGREEMENT NO. 90-1 BETWEEN THE CITY OF CYPRESS AND CYPRESS DEVELOPMENT PARTNERSHIP: The public hearing was opened by the Mayor. The Planning Director reviewed the staff report dated April 14, 1995, which provided the periodic review of Development Agreement NO. 90-1 required by State Law. The Agreement sets forth the terms and conditions governing the development of the Cypress Business and Professional Center Specific Plan area for a period of 15 years, listing benefits to both the City and the developer. Staff feels both parties to the Agreement have demonstrated good faith compliance with the terms and It Is therefore recommended that the City Council receive and file this report. This review is not considered to be a project according to the provisions of the California Environmental Quality Act (CEQAl and no environmental documentation Is required. Notices of this public hearing were posted, published and mailed to the property owners within a 300-foot radius of the subject property. TO date, staff has not received comments regarding this matter. Mayor Age referred to a letter received from Brethren Christian Schools and asked If It had any application to the Issue. The Planning Director responded that It had no bearing on the staff report. Mayor Age stated that the conditional use permit granted the Nazarene Church has now expired. The Planning Director replied that she had made it clear to them that they no longer had entitlements to that property. Mr. Christo Bardls, representing the LoS Alamltos Race Course and the Cypress Development Partnership, reported that land sales and development are cold. There may not be any development before the agreement expires, but there Is a strong Interest from Grace Church and the Brethren School In acquiring nine to ten acres on Walker street. He would like to discuss the reduction of the parking requirement at the race course as outlined In the Development Agreement. He asked for guidance from the Council as to having or not having a school on the site or an expansion of parking facilities for the Grace Church. Mr. Charles S. Vose of Oliver, Barr & vose, 281 south Figueroa Street, LOS Angeles, representing Brethren Christian SChools who want to pursue the concept of purchasing this property. He asked the Council for some Indication If It was a viable path to pursue to determine If the studies would be worthwhile. Responding to Mayor Age, the City Attorney answered that the Item on the agenda at this time was a compliance review of the Development Agreement. He expressed apprehension with the Council considering conceptually the type of uses for the 8 CITY COUNCIL MINUTES April 24, 1995 property pursuant to the Development Agreement without a report from Planning. He recommended that the Church submit an application. The Planning Director suggested that the applicant submit a letter to the City Council requesting them to direct staff to prepare alternatives that would help Implement any project. Then staff can determine the amount of time necessary based on the Council's Interest. pastor Ray Doan, Long Beach Church of the Nazarene, owners of the property on the corner of Walker and Cerrltos, stated that they are anticipating reapplying for the conditional use permit within the next 30 days. They would like to have the Brethren School as their neighbors. Council member Bowman suggested that the property owner furnish staff with a parking analysis and communicate with staff on the specific properties because the problem previously was taking the property off the tax rolls. Mayor Age asked If anyone wished to speak In support Of or In OPposition to the Agreement. No one spoke. It was moved by Councllmember Bowman and seconded by Council member Kerry to close the public hearing and receive and file the Review for Development Agreement No. 90-1, between the City of Cypress and the Cypress Development partnership. 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 COUNCILMEM8ERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-2. OFFICEIWAREHOUSE/DISTRIBUTION FACILITY - DIAMOND SPORTS. 11130 WAR LAND DRIVE: The public hearing was opened by Mayor Age. The City Manager requested the Planning Director summarize the staff report dated March 21, 1995, which represented a request by the Cypress Land company to amend Conditional Use permit No. 95-2 for the consolidation of two buildings consisting of one officelwarehouse bUilding previously approved under DRC No. 95-2 and a second office/warehouse/distribution. bUilding previously approved under Conditional Use Permit No. 95-2 for property located at 11130 Warland Drive. The Planning Director noted some minor changes to the conditions: Condition No. 16, fifth line from the bottom, .....(S 2100 et seq...; should be "(S 21000 et seq...." Condition No. 36, third line, last word should be Changed from "are" to "as." She mentioned that four letters have been received from Tony Smith, Regan smith, Kathy Simcox and Mr. Wildlsh pertaining to the Amendment and she briefly summarized those letters, which are on file In the City Clerk's office. This Amendment is proposed to replace the two bUildings originally approved as Conditional Use Permit No. 95-2 and Design Review Committee No. 95-2. The action will result In rescinding the approval of DRC No. 95-2. The proposed project meets all development codes and standards set forth In the PC-4 Planned Community BUSiness park Zone and the warland/Cypress BUSiness Center specific Plan. In accordance with the reqUirements of the California Environmental Quality Act (CEQAl, a re-evaluation of the Diamond sports initial stUdy was performed and a determination was made that no new impacts would occur as a result of this project. A Mitigated Negative Declaration including re-adoption of the mitigation measures Included in the original Diamond Sports Initial StUdY and associated Mitigation Monitoring Program had been prepared for this project. The applicant had stated that the facility will begin operations with 25 employees working one shift during the day. Trucking operations average six trucks per day to the site occurring randomly throughout the day between the hours of 7:00 a.m. and 7:00 p.m., with eight loading bays proposed. The required number of parking spaces for the proposed use is 131 and the site plan Illustrates a total of 178 parking spaces. In accordance with the Specific Plan, a condition of approval had been added to this project, requiring the applicant/developer to comply with all FAA requirements. In addition, the proposed project had been conditioned to provide written proof of compliance with all FAA requirements to the City prior to Issuance of building permits. The proposed project will generate 300 vehicle trips per day which Is within the trip generation analysis for build-out In the City's General Plan and the traffic fees currently in place will serve as mitigation of any project related Impacts to the City's circulation system. The environmental review for this project concluded that the proposed project Is consistent with the warland/Cypress Business Center Environmental Impact Report (EIRl, the Cypress General Plan Update EIR and the previous Initial Study and Mitigated Negative Declaration adopted for Conditional Use permit No. 95-2. Notices of this pUbliC 9 CITY COUNCIL MINUTES April 24, 1.995 hearing were posted, published and mailed to all property owners located within 300 feet of the subject parcel. To date, several citizens have requested copies of the documents In the Conditional Use Permit file; however, no written or verbal comments have been received by staff as of the writing of this report. Mr. steve sasaki, senior engineer with the firm of WPA Traffic Engineering, provided background and Information specific to this project. The previous traffic analysis done for the City which Included the General Plan update EIR, the specific Plan EIR and analysis prepared for the enactment of the traffic fee ordinance were performed including cumulative Impacts. He noted specific to this project, the previously approved project for this site was anticipated to generate 350 trip ends per day and the current project generates 300 trip ends per day. There was a maximum of 21 trucks of 42 truck trip ends previously anticipated and currently, It Is anticipated to be a maximum of 11 trucks or 22 truck trip ends. Mr. Dwayne Mears, principle of the Planning center, 1300 Dove street, Newport BeaCh, advised that they were the authors of the Initial studY on environmental quality that reviewed the original plan and they also prepared the re-evaluatlon. He stated that he was the project manager and responsible for Its conclusions and analysis. He reviewed the Issues related to the revised project and determined that the original stUdy stili provided an adequate picture of the project's Impacts. Council members then asked several questions of various staff members on zoning, landscaping, flight safety, publiC safety, loading docks, development codes and standards. Mr. Brian L. Harvey, Cypress Land Company, 2203 E. carson street, ste. A-1, Long Beach, said that they have given landSCaping special attention by computer enhanced drawings and he showed transparencies from various angles. Mr. Frank Hardy, Jr., Diamond sports, commented that they are trying to bring a building into Cypress that will satisfy the needs of the business for ten years. It is hard for a company their size to anticipate how much square footage will be required and they felt It would be best to have one large building. Responding to Mayor Age, Mr. Harvey explained why the front of the building could not be moved to the back of the property because of the difficult approach for the trucks. Mr. Mark Armbruster, attorney for Cypress Land company, said It was important to look at the distance perspectives. The building Is now 250 feet away from valley View Street and he explained the landscaping techniques that will be used to shield the loading docks, which are set down about four feet. Councllmember Carroll asked Mr. Harvey to consider turning the bUilding so It would face valley view street. Mr. Harvey said that they had considered that alternative and then ran Into the situation of not having enough depth for the trucks. Mr. Clifford voss, no address given, Cypress, stated that there appeared to be a special interest group that wanted to stop progress In the City of cypress and to retard the City's income at the expense of the majority. He saw no reason for the City Council not to approve this project. Mayor Age asked who wished to speak in opposition to the project. Mrs. Regan smith, 6033 Trinidad Avenue, Cypress, referred to the letter she had submitted to the Council. She asked several questions on studies and choice of consultants, which were answered by the Planning Director, the height of the trees, the lack of a balanced mix and the lack of open space. She stated that they were not given the same consideration as other homeowners and asked the Council to delay the vote ten days. After further remarks on the zoning, she addressed the truck loading docks. Councilmember Carroll asked what the connection was to the Diamond sports project and May 4 because he could not arrive at any valid reason for a delay. Mrs. Smith responded that they were requesting the delay for a full and impartial environmental impact report and asked for the delay until the judge'S decision. After additional dialogue, the City Attorney advised that a court ruling on warland would not deal with the Diamond sports project at all. 10 "," '-/-2-<1, 0 413 ~f I' ~ L/-2-t/ /0 , . / 413 CITY COUNCIL MINUTES April 24, 1,995 hearing were posted, published and mailed to all property owners located within 300 feet of the subject parcel. To date, several citizens have requested copies of the documents in the Conditional Use Permit file; however, no written or verbal comments have been received by staff as of the writing of this report. Mr. steve sasaki, senior engineer with the firm of WPA Traffic Engineering, provided background and information specific to this project. The previous traffic analysis done for the City which Included the General Plan Update EIR, the Specific Plan EIR and analysis prepared for the enactment of the traffic fee ordinance were performed Including cumulative Impacts. He noted specific to this project, the previously approved project for this site was anticipated to generate 350 trip ends per day and the current project generates 300 trip ends per day. There was a maximum of 21 trucks of 42 truck trip ends previously anticipated and currently, It Is anticipated to be a maximum of 11 trucks or 22 truck trip ends. Mr. Dwayne Mears, principle of the Planning center, 1300 Dove street, Newport Beach, advised that they were the authors of the Initial stUdy on environmental quality that reviewed the original plan and they also prepared the re-evaluatlon. He stated that he was the project manager and responsible for Its conclusions and analysis. He reviewed the issues related to the revised project and determined that the original study stili provided an adequate picture of the project's Impacts. Council members then asked several questions of various staff members on zoning, landscaping, flight safety, public safety, loading docks, development codes and standards. IJt .. Ji Mr. Brian L. Harvey, Cypress Land company, 2203 E. Carson street, ste. A-1, Long Beach, said that they have given landscaping special attention by computer enhanced drawings and he showed transparencies from various angles. Mr. Frank Hardy, Jr., Diamond sports, commented that they are trying to bring a building into Cypress that will satisfy the needs of the business for ten years. It Is hard for a company their size to anticipate how much square footage will be required and they felt it would be best to have one large bUilding. Responding to Mayor Age, Mr. Harvey explained why the front of the bUilding could not be moved to the back of the property because of the difficult approach for the trucks. Mr. Mark Armbruster, attorney for Cypress Land company, said It was Important to look at the distance perspectives. The building is now 250 feet away from valley view street and he explained the landscaping techniques that will be used to shield the loading docks, which are set down about four feet. Councllmember Carroll asked Mr. Harvey to consider turning the bUilding so It would face valley View street. Mr. Harvey said that they had considered that alternative and then ran Into the situation of not having enough depth for the trucks. Mr. Clifford voss, no address given, Cypress, stated that there appeared to be a special Interest group that wanted to stop progress In the City of Cypress and to retard the City's income at the expense of the majority. He saw no reason for the City Council not to approve this project. Mayor Age asked who wished to speak In opposition to the project. Mrs. Regan smith, 6033 Trinidad Avenue, Cypress, referred to the letter she had submitted to the Council. She asked several questions on studies and choice of consultants, which were answered by the Planning Director, the height of the trees, the lack of a balanced mix and the lack of open space. She stated that they were not given the same consideration as other homeowners and asked the Council to delay the vote ten days. After further remarks on the zoning, she addressed the truck loading docks. Council member Carroll asked what the connection was to the Diamond sports project and May 4 because he could not arrive at any valid reason for a delay. Mrs. Smith responded that they were requesting the delay for a full and Impartial environmental impact report and asked for the delay until the judge'S decision. After additional dialogue, the City Attorney advised that a court ruling on Warland would not deal with the Diamond sports project at all. 10 t4- ~ <../ L- 415 CITY COUNCIL MINUTES April 24, 1.995 Mr. Armbruster remarked that all the Issues have been asked and answered and the consultants have considered them In great detail. It Is a very nice, family-owned business and generates an Insignificant amount of traffic. It has less Impacts with regard to traffic, noise and aesthetics than the project approved on February 27, 1995. It was moved by Council member Bowman and seconded by Councllmember Carroll to 11 close the public hearing; 21 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 Exception; and 31 adopt the Resolution by title only, title as fOllOWS, approving Amendment to Conditional Use Permit No. 95-2 and rescinding Design Review Committee No. 95-2, subject to the conditions. Council member carroll commented that the business would be a plus to the City and he was certainly In favor of the project. Council member Kerry remarked that the only alternative was to leave the land vacant but It Is private property zoned for a business use. She was very appreciative of this type of project for the City. Councllmember Jones said that she could not justify postponing the vote and the Impact Is less on the community in this configuration than It was In the original design. RESOLUTION NO. 4475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO 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 Due to the lateness of the hour, It was moved by Council member Kerry and seconded by Council member Jones to continue the Council meeting beyond 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 RECESS: Mayor Age recessed the meeting at 12:50 a.m. and reconvened at 12:55 a.m., with all Council members present. CONSIDERATION OF PUBLIC HEARING RE: EXTENSION OF INTERIM URGENCY ORDINANCE ESTABLISHING REGULATIONS ON ADULT BUSINESSES WITHIN THE CITY OF CYPRESS: Mayor Age opened the public hearing and the City Manager requested the Planning Director summarize the staff report dated April 17, 1995. The existing urgency Ordinance NO. 918, established regUlations on adult businesses within the City of Cypress and will expire on April 25, 1995. Some data necessary for the completion of a permanent adult business ordinance is stili being collected and staff is recommending the City Council approve an extension of the Interim urgency Ordinance for an additional period of one year. In accordance with the california Environmental Quality Act, an Initial Study and Negative Declaration had been prepared for this project. Some of the issues staff will be examining are: vehicular traffic, parking, demand on publiC safety and emergency services, compatibility with surrounding uses, distance from sensitive uses and conSistency with the Cypress General Plan. Notice of the public hearing was published and posted In accordance with Section 65090 of the California Government Code. As required under law, approval of this extension required a four-fifths vote of the Council. No one wished to speak in support of or opposition to the Ordinance. It was moved by Council member Kerry and seconded by Councilmember Jones to: 11 adopt a finding of de Minimis Impact, approve the Negative Declaration and a de Minimis Impact Exemption with the county Clerk; and 21 Adopt the extension of the Interim urgency Ordinance by title only, title as fOllOWS, establishing regulations on adult businesses withIn the City of Cypress for one year. ORDINANCE NO. 936 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EXTENDING ORDINANCE NO. 918 DECLARING A MORATORIUM ON ADULT BUSINESSES WITHIN THE 12 416 CITY COUNCIL MINUTES April 24, 1995 CITY OF CYPRESS AND PROVIDING AN EXCEPTION FOR ADULT BUSINESS WITHIN SPECIFIED LOCATIONAL CRITERIA WITH AN APPROVED CONDITIONAL USE PERMIT AND ADULT BUSINESS LICENSE AND DECLARING THE URGENCY THEREOF. The motion unanimously carried with the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPOINTMENTS TO THE CYPRESS CULTURAL ARTS COMMISSION: The City CounCil, at Its adjourned meetings of April 3 and 17, 1995, Interviewed a total of six applicants to fill the two vacancies on the Cypress Cultural Arts Commission. Council member Bowman nominated Linda Sunley and Council member Kerry nominated Frann Shermet with council member Jones seconding. Mayor Age closed the nominations. The nominations for appointment to the cultural Arts Commissioner were unanimously approved 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 RESOLUTION AMENDING PAY RATES FOR CERTAIN CLASSIFICATION TITLES ON THE TEMPORARY AND SEASONAL PAY RATE SCHEDULE: It was moved by Councllmember Jones and seconded by Council member Kerry to continue this Item to the meeting of May 8, 1995. The motion unanimously carried by the fOllowing roll 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. 14806 -15025: It was moved by Councllmember Jones and seconded by Council member Kerry to approve Warrants NO. 14806 through 15025 In the amount of $701,148.05. The motion unanimously carried by the fOllOwing roll call vote: AYE5: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. NO one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 1:00 a.m. ATTEST: CI~~~PRESS -. .. . 13 .. . .