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Minutes 2004-07-26 219 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCiL HELD July 26, 2004 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Chief of Police, Assistant Community Development Director, and City Clerk. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Tatman v. City of Cypress, et aI., Case Number SAC V 03-140 GL T MLGx, United States District Court - Central District of California. The City Attorney reported that the Redevelopment Agency would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Numbers 241-091-19, 241- 091-20,241-091-21,241-091-22,241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091- 36, 241-231-24, 241-231-25, 241-231-26, and 241-231-28; Consisting of approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under negotiation: Price and Terms of Payment. The City Attorney reported that the City Council and Redevelopment Agency would be meeting in a Joint Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9 (a), City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et aI., Case Number 04CC00136, Orange County Superior Court - Civil Complex Center. At 5:34 p.m., the Mayor recessed the meeting. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:04 p.m. by Mayor Keenan. PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Acting Public Works Director, Recreation and Community Services Director, Assistant Community Development Director, Administrative Services Manager, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Piercy. 220 CITY COUNCIL MINUTES JULY 26, 2004 INVOCATION: The invocation was given by City AttornE!y Wynder. PRESENTATIONS: The Mayor presented Certificates of Appreciation to the following outgoing Commissioners: Ann Fowler, Recreation & Community Services Commission Bill Woodson, Recreation & Community Services Commiission William Fifield, Senior Citizens Commission Eric Buesing, Non-Conforming Uses Hearing Board Mario Guardi, Non-Conforming Uses Hearing Board Greg Patchen, Non-Conforming Uses Hearing Board REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council meI in Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Tatman v. City of Cypress, et aI., Case Number SACV 03-140 GLT MLGx, United States District Court - Central District of California. The City Attorney stated that a briefing was provided on a recently completl3d mediation for the case and a settlement recommendation by the mediator to the City Council. The terms and conditions were reviewed and discussed with the City Council, and the City Council unanimously rejected the settlement terms and conditions. The City Attorney reported that the Redevelopment Agency met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Numbers 241-091-19, 241-091-20, 241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241- 091-27, 241-091-28, 241-091-29, 241-091-30, 241-0911-33, 241-091-34, 241-091-36, 241-231-24, 241-231-25, 241-231-26, and 241-231-28; Consisting of approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under negotiation: Price and Terms of Payment. The City Attorney stated that staff provided the Redevelopment Agency with several development options and opportunities, and received direction from the Agency regarding the pursuit of those development options. The City Attorney reported that the City Council and Redevelopment Agency met in a Joint Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9 (a), City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et aI., CasE~ Number 04CC00136, Orange County Superior Court - Civil Complex Center. The City Attorney stated that staff and legal counsel reported that the stipulation for dismissal of the lawsuit has been filed with the Orange County Superior Court. The City is waiting for the Superior Court to enter an order dismissing and disposing of this litigation. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Keenan asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. None. 2 221 CITY COUNCIL MINUTES JULY 26,2004 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. 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. It was moved by Council Member Sondhi and seconded by Council Member McCoy, to approve Consent Calendar Items NO.1 through 8. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.1: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.2: AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2003- 02, A REQUEST TO MODIFY ON-SITE IMPROVEMENTS AND THE LOCATION OF A TRAFFIC SIGNAL FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND LEXINGTON DRIVE. Recommendation: That the City Council adopt the Resolution by title only, approving the Amendment to Design Review Committee Permit No. 2003-02, subject to the conditions attached in Exhibit "A" of the Resolution. RESOLUTION NO. 5782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2003-02 - WITH A CONDITION. Item NO.3: ADOPTION OF RESOLUTION TO APPROVE CITY INITIATED BALLOT MEASURES FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2. 2004. Recommendation: That the City Council: 1) Approve the submittal of the proposed City-initiated Charter Amendments; and 2) Adopt the Resolution by title only, title as follows, ordering the submission to the qualified electors of the city of certain measures relating to the appointments of the City Clerk and City Treasurer; the use of design- build contracts; the requests for proposals for certain Maintenance contracts; and the title and duties of the Community Development Director:, at the General Election to be held on Tuesday, November 2, 2004, as called by Resolution No. 5776. RESOLUTION NO. 5783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF CERTAIN MEASURES RELATING TO THE APPOINTMENTS OF THE CITY CLERK AND THE CITY TREASURER; THE USE OF DESIGN-BUILD CONTRACTS; THE REQUESTS FOR PROPOSALS FOR CERTAIN MAINTENANCE CONTRACTS; AND THE TITLE AND DUTIES OF THE COMMUNITY DEVELOPMENT DIRECTOR, AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, AS CALLED BY RESOLUTION NO. 5776. 3 222 CITY COUNCIL MINUTES JULY 26,2004 Item NO.4: ADOPTION OF RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2004-05 WITHIN COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommendation: That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes): 1) Adopt the Resolution by title only, authorizing the levy of a special tax for fiscal year 2004-05 within the District; and 2) Authorize the Mayor to sign the Proposition 218 Certification. RESOLUTION NO. 5784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2004-05 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. Item NO.5: APPROVAL OF RENEWAL OF WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT. Recommendation: That the City Council approve t~le renewal of the agreement between the City of Cypress and the Orange County Flood District, authorizing the Orange County Flood Control District to perform authorized inspection services for the City on an as needed basis as part of the City's enforcement of the Water Quality Ordinance. Item NO.6: ACCEPTANCE OF $1,000 DONATION FOR THE POLICE CANINE UNIT. Recommendation: That the City Council: 1) Accept the donation in the amount of $1,000, and increase estimated revenues (3713-11; Donations) in the General Fund; and 2) Appropriate $1,000 from the unreserved fund balance of the General Fund to account 4165-11-163-05 (Canine Operation). Item NO.7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2004. Recommendation: Receive and file. Item NO.8: APPROVAL OF COMMERCIAL WARRANlT LIST FOR WARRANTS NO. 65501 THROUGH 65761. Recommendation: Approve the attached warrant registl3r. END OF CONSENT CALENDAR UNFINISHED BUSINESS Item NO.9: PUBLIC HEARING REGARDING THE CONTINUED CONSIDERATION OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-17, A REQUEST TO EXPAND AN EXISTING GASOLINE SERVICE STATION AND MINI-MARKET BY ADDING OFFICE AREA AND A SELF-SERVICE, ENlCLOSED, AUTOMATED CAR WASH LOCATED AT 5999 CERRITOS AVENUE IN THE CG-10,OOO COMMERCIAL GENERAL ZONE. The Assistant Community Development Director provided background information on this item. Mayor Keenan re-opened the public hearing. Mayor Keenan asked if there was anyone who wished to speak in favor of the item. 4 CITY COUNCIL MINUTES 223 JULY 26,2004 Mayor Keenan asked if there was anyone who wished to speak against the item. The following spoke in opposition to the project expansion: Sheila Ledoux, Cypress Robert Bethel, Cypress Alex Richards, Cypress Joyce Baker, Cypress Terri Ballard, Cypress Laurie Wightman, Cypress Terry Wightman, Cypress Malcolm Tom, Cypress Tom Henry, Cypress Gene Sully, Cypress The applicant, Sal Hassan, stated that the wall was originally built at eight feet at the City's and neighbors request, but that the landscaping berm has made the wall shorter. Mayor Pro Tem Piercy asked about an alarm when the cloor goes down. Mr. Hassan stated that the alarm does not sound when the door goes down. Mayor Keenan asked about staffing and monitoring the car wash process. Mr. Hassan stated that between the hours of 8 a.m. and 6 p.m. there are two employees on site, in addition to his office being located there. He stated that signs will be posted to prohibit drying of vehicles and there will not be any vacuums available. The public hearing was closed. The Assistant Community Development Director stated that conceivably the wall at the location could be heightened but there are secondary structural issues. Mayor Keenan asked if Edison could be required to undHrground the utility pole. The Assistant Community Development Director stated that a request could be made to Edison but they could not be forced to do so. The Assistant City Manager stated that the purpose of the Conditional Use Permit is to place appropriate conditions on a conditionally permitted use. The City Attorney stated that when the last Conditional Use Permit for the applicant was denied, the Council made a finding of incompatibility and that was not the basis upon which that case was litigated. The City asserted sound study basis that came out of the final supplemental report. He stated that incompatibility of land uses would not be a legally defensible base upon which to deny the application, particularly since the property is a conditionally permitted use within the zone. The Assistant City Manager stated that staff takes the Conditions of Approval very seriously and it would be the intent of staff to monitor them very carefully. Fred Greve, Mestre Greve Associates, stated that the source noise measurements were taken up and to the side of the entrance to the car wash in Redondo Beach so as to eliminate reflection noise off the walls. He stated that measurements of all the walls near the proposed car wash site were made when the sound measurements were done. ML Greve stated that an extra noise measurement was taken for the revised study per Council direction at 10438 Bedford Court, directly behind EI Polio Loco. The measurements there were lower than at the other sites on Rexford Court, but nothing so dramatic that it would change the conclusions or findings. He stated that the City's 5 224 CITY COUNCIL MINUTES JULY 26, 2004 noise standards measurements are 55 during the day and 50 at night, and the City's noise ordinance is consistent with almost every city in Orange County and the California State Department of Health model noise ordinance. Council Member McCoy asked why the noise study in Hedondo Beach was taken from the entrance instead of the exit. Mr. Greve stated that the exit does not have a door and the equipment is located inside the tunnel unlike the proposed car wash where the equipment will be in a separate building. Council Member McCoy asked about the incorrect numbers provided for the project and additional measurements that were taken. Mr. Greve stated that the original sites were not re-measured. The projected noise levels were recalculated based on the correct distances. The noise level that was previously reported was a max noise level of 54.4; being three feet closer raised it to 54.7. Council Member Sondhi asked what level of adjustment was made in considering the kinds of mitigation measures proposed by Mr. Hassan. Mr. Greve stated that there were no adjustments made for the equipment being in a separate block wall room and that the Redondo Beach measurements are a worst case estimate. Council Member McGill asked about the measurements taken by the residents and what happens to the noise as it travels. Mr. Greve stated that the location of the measurements taken by the residents includes reflections from surrounding walls and the equipment is of lesser quality. He stated if his meter was at the same location, the levels would be lowE3r. Noise measurements should be made on a weighted scale, which reflects the requirements of the noise ordinance but also how noise is heard. He assumes the measurements were made on a flat scale, which gives a substantially higher noise level. Mayor Keenan asked about the ambient noise being louder than the noise of the car wash on a continuous basis and the noise level during lulls at the car wash when no cars are going by. Mr. Greve confirmed this information and stated the noise level of the car wash will still not exceed the noise ordinance or ambient noise. The Assistant Community Development Director discussed specific Conditions of Approval regarding the use of vacuum cleaners, car wash door, wall height, landscaping, CUP review process, and sound mitigation measure costs. Chief Hicks stated that there have been a slightly higher number of accidents this year than last year but that is not unusual nor remarkable. To date, there have been six traffic collisions at Cerritos and Valley View, and causal factors of collisions revolve around three primary issues: running the red light, illE!gal left turns/improper turning movements, and unsafe speed. He stated that these collision types are 75% of all the collisions that occur at this intersection. Chief Hicks stated that one of the collisions was related to EI Polio Loco, in that a motorist pulling into the driveway slowed and was rear 13nded by a motorist driving too fast. He stated that collision information at all of the intersections along Valley View was reviewed and the intersection of Valley View and Cerritos has the fewest collisions of any of the intersections. 6 CITY COUNCIL MINUTES 225 JULY 26,2004 It was moved by Council Member McGill to approve the project subject to the conditions that that the buzzer be turned off, the north door always be down, and that vacuums never be allowed on the site. The motion died due to lack of a second. Council Member Piercy stated that she would like additional conditions to increase the height of the wall and planting of additional trees to assist with blocking sound. Council Member Sondhi stated that she favors approval of the project and that the Council performs a balancing act as public officials with residents and business owners. She thanked the residents and Mr. Hassan for their patience. Council Member McCoy stated that he is not satisfied with the thoroughness of the noise study that was completed. It was moved by Council Member Sondhi and seconded by Council Member McGill, that the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration (Attachment D), and adopt the Mitigation Monitoring Program (Attachment E) in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by titlH only, title as follows, approving an amendment to Conditional Use Permit No. 96-17 - with conditions, as amended. Mr. Hassan stated that he was in agreement with the amended conditions. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: McGill, Sondhi and Piercy 2 COUNCILMEMBERS: McCoy and Keenan o COUNCILMEMBERS: None RESOLUTION NO. 5785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-17 - WITH CONDITIONS. The Council meeting was recessed at 9:20 p.m. The Council meeting was reconvened at 9:30 p.m. NEW BUSINESS Item No. 10: APPOINTMENT OF CITY COUNCIL MEMBERS TO WEST-COMM JOINT COMMUNICATIONS CENTER EXECUTIVE BOARD. Mayor Keenan provided background information on this item. It was moved by Mayor Keenan and seconded by Council Member Sondhi, that the City Council confirm the Mayor's appointment of Council Member McCoy to the West-Comm Joint Communications Center Executive Board. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item No. 11: APPROVAL OF CITY COUNCIL COMPENSATION INCREASE. The Director of Finance and Administrative Services provided background information on this item. 7 226 CITY COUNCIL MINUTES JULY 26,2004 It was moved by Mayor Keenan and seconded by Mayor Pro Tern Piercy, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the first reading of the Ordinance by title only, amending Section 2-3.3(b) of the Code of the City of Cypress, adjusting Council compensation by a 5% cost of living increase. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING SECTION 2-3.3(B) OF THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL COMPENSATION BY A 5% COST OF LIVING INCREASE. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agfmda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Keenan requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended the annual O.C. Fire Authority Open House. Attended an O.C. Fire Authority Board meeting where approval of the ambulance contracts was discussed. Council Member McCoy: Thanked staff and volunteers for another successful Cypress Community Festival. Council Member Sondhi: Attended an O.C. Regional Airport Authority meeting. Attended the Hyatt Die Cast presentation with Mayor Keenan and Council Membe!r McGill. Attended a Housing Commission Project Advisory Committee meeting. Attended the Mayor's Breakfast. Attended a Housing Commission meeting where new members were introduced. Attended the Cypress Community Festival. Mayor Pro Tem Piercy: Stated that she has been out of the country on vacation for three weeks. Attended an O.C. Sanitation District meeting. Attended the Mayor's Breakfast. Attended the Cypress Community Festival. 8 CITY COUNCIL MINUTES 227 JULY 26,2004 Mayor Keenan: Attended an O.C. Transportation Authority Board meeting where there was a vote about placing Centerline on the ballot, which failed. Attendecl Cub Scout day camp opening ceremonies. Attended an MRC meeting on behalf of OCTA where grant opportunities for joint facilities/agencies and traffic synchronization was discussed. Attended an O.C. Transportation Authority Board meeting where Centerline was discussed. Mayor Keenan discussed the City of Anaheim amnesty program for planning issues. He stated the City of Cypress is researching a similar program. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Keenan adjourned the meeting at 9:55 p.m. to Monday, August 9,2004, beginning at 5:00 p.m. in the cutive Board Room. '" ~ R OF THE CITY OF CYPRESS ATTEST: 9