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Minutes 2005-01-24 323 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 24, 2005 A regular meeting of the Cypress City Council was called to order at 5:40 p.m. by Mayor McGill in the City Council Chamber, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill ABSENT: None STAFF PRESENT: Deputy City Clerk. City Manager, City Attorney, Assistant City Manager, and 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 as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle 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 would be meeting in Closed Session regarding Conference With Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of cases: Two. The City Attorney reported that the City Council would be meeting in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Carol Clark, Agency claimed against: City of Cypress. The City Attorney reported that the City Council would be meeting in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Hector Vargas, Agency claimed against: City of Cypress. The City Attorney stated that an additional item, City of Huntington Beach v. Huntington Beach Police Officers Association, et 13.1., United States District Court Case SACV 01- 1125 JVS needed to be added to the Closed Session agenda due to the fact that action needed to be taken prior to the next City Council meeting. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member McCoy, to add City of Huntington Beach v. Huntington Beach Police Officers Association, et aI., to the Closed Session agenda. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCOll, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None At 5:44 p.m., the Mayor recessed the meeting. 324 CITY COUNCIL MINUTES JANUARY 24,2005 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:03 p.m. by Mayor McGill. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation Superintendent, Assistant Community Development Director, Administrative Services Manager, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Sondhi. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Certificate of Special Recognition to Alyssa Mayorga for her donation of a ballistic vest to the Cypress Police Department Canine Program. Iliana Soto, Community Building Director, Orange County Human Relations, presented their annual report. 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 Redevelopment Agency met in Closed Session regarding Conference With Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle 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 a status report was provided by Agency staff on ongoing efforts to market these sites. No reportable action was requested or taken. The City Attorney reported that the City Council met in Closed Session regarding Conference With Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of cases: Two. The City Attorney stated that there was a brief status report on the facts and circumstances that have not changed since the last report. He stated that the second case did not need to be discussed. The City Attorney reported that the City Council met in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Carol Clark, Agency claimed against: City of Cypress. The City Attorney stated that a briefing was made to the City Council on the facts and circumstances surrounding this claim and a request by the City's third party administrator for authority to potentially settle the claim. The City Council unanimously authorized authority to potentially settle the claim short of litigation in an amount not to exceed that specified by the Council. The City Attorney reported that the City Council met in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Hector Vargas, Agency claimed against: City of Cypress. The City Attorney stated that a briefing was made to the City Council on the facts and circumstances regarding this 2 325 CITY COUNCIL MINUTES JANUARY 24,2005 claim. A recommendation by the City's third party administrator for authority to settle the claim short of litigation was made and the City Council unanimously authorized such. The City Attorney stated that a Closed Session item was added to the agenda, City of Huntington Beach v. Huntington Beach Police Officers Association, et aI., United States District Court Case SACV 01-1125 JVS. He stated that the need for the addition was due to communication received today from Plaintiff's counsel that might give rise to an opportunity to settle this case for a de minimus amount. He stated that the City needed to take action on the preliminary settlement entreaty prior to the next City Council meeting. The City Council unanimously authorized adding the item to the Closed Session agenda. He stated that a brief report was provided on the facts and circumstances by which the City may be able to settle any arguable exposure it may have in this case and the City Council unanimously authorized the making of a de minimus settlement in an amount not to exceed that specified by the City Council. 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 McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Mary Crowder, Cypress, spoke regarding a meeting with the Orange County Register at the Senior Center. Bandula Somaweera, Cypress, spoke regarding disaster relief fund raising efforts for Sri Lanka tsunami victims. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item NO.1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2004-08 AND TENTATIVE TRACT MAP NO. 16781. A REQUEST TO CREATE A SINGLE-LOT SUBDIVISION AND TO CONSTRUCT SIX (6) CONDOMINIUM UNITS LOCATED AT 8641-8651 BELMONT STREET WITHIN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicant, Gary Covington, stated that all differences with staff regarding the conditions had been resolved. Mayor Pro Tem Sondhi asked if efforts were made to consolidate adjacent lots for multi- lot subdivisions. Mr. Covington stated that efforts were made but were not successful. Council Member Seymore asked about the trash enclosures for the project. Mr. Covington stated that each home will have individual trash cans that can be on either side of a dividing fence with another wall on the side of the trash can to hide it from view. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. 3 326 CITY COUNCIL MINUTES JANUARY 24,2005 The following individuals expressed their concerns about the project: Komund Lee, Cypress Mary Crowder, Cypress David Halladay, Cypress Mr. Covington stated that the site is zoned RM-20, which would allow for 11 homes to be built, but that he is only building six homes. The public hearing was closed. Mayor McGill asked staff to respond to the parking and trash issues that were raised. The Assistant Community Development Director stated that each unit has three parking spaces - a two car garage and one guest space. The City Council has looked at parking standards throughout the community and have raised the requirements, and developers are required to meet these standards. The Assistant Community Development Director stated that community trash areas (bins) are not as marketable for the developer and are an attractive nuisance when others who do not live there use the bins for dumping. He stated there will be an alcove in the rear yard for the trash cans. Mayor Pro Tem Sondhi asked if the trash hauler would come into the development or if the residents put their trash cans at the curb on Belmont. The Assistant Community Development Director stated that the trash cans would be placed at the curb on Belmont. Council Member McCoy stated that he is concerned with the composite roof. He stated that most developments have concrete tile roofs. The Assistant Community Development Director stated that Condition No. 54 requires either a composite or concrete tile roof. He stated that he will also discuss with the trash hauler the feasibility of picking up the trash at the homes instead of at the curb. Mayor Pro Tem Sondhi asked if parking is allowed on both sides of Belmont and if these projects are creating a parking crisis. The Assistant Community Development Director stated that parking is allowed on both sides of the street and that approximately five to six spaces are available on the street in front of the site. He stated that there is adequate room for two vehicles to pass on the street. The City's parking requirements are one of the strictest in the county. Council Member McCoy stated that he would move for approval of the project with the conditions of concrete tile roofs and trash pick up at the homes instead of at the curb. The Assistant Community Development Director stated that Condition No. 54 has the option for either tile or composition roofing and that Condition No. 36 addresses individual trash cans. He stated that language can be added for trash service at the units via the driveway. It was moved by Council Member McCoy and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only and waive further reading, approving Conditional Use Permit No. 2004-08 - with conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None 4 CITY COUNCIL MINUTES 327 JANUARY 24, 2005 RESOLUTION NO. 5821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2004-08 - WITH CONDITIONS. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only and waive further reading, approving Tentative Tract Map No. 16781 - with conditions. The motion was unanimously carried by the following rolll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5822 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16781 - WITH CONDITIONS. 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 IJY one motion approving the recommendations listed on the Agenda. Council Member Luebben requested Item Nos. 5 and 9 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member McCoy, to approve Consent Calendar Items NO.2 through 4 and 6 through 8. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 10, 2005. Recommendation: That the City Council approve the Minutes of the Meeting of January 10, 2005, as submitted. Item No.3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.4: PROCLAIMING FEBRUARY 4, 2005. AS "GO RED FOR WOMEN DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim February 4, 2005, as "Go Red For Women Day" in the City of Cypress. 5 328 CITY COUNCIL MINUTES JANUARY 24,2005 Item NO.6: ADOPTION OF RESOLUTION REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE VARIOUS STREET AND SIGNAL PROJECTS WITHIN THE ORANGE COUNTY TRANSPORTATION FUNDING PROGRAM. Recommendation: That the City Council adopt the Resolution by title only, approving submittal of various street and traffic signal improvement projects to the Orange County Transportation Authority (OCTA) for funding under the Combined Transportation Funding Program (CTFP). RESOLUTION NO. 5824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE SUBMITTAL OF VARIOUS STREET AND SIGNAL IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. Item NO.7: ADOPTION OF RESOLUTION TO AMEND THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT PERSONNEL RULES AND REGULATIONS TO ESTABLISH THE EFFECTIVE PERIOD OF ELIGIBILITY LISTS. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, amending Resolution No. 5714, amending the City of Cypress and Cypress Recreation and Park District Personnel Rules and Regulations to establish the effective period of eligibility lists. RESOLUTION NO. 5825 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 5714, AMENDING THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT PERSONNEL RULES AND REGULATIONS TO ESTABLISH THE EFFECTIVE PERIOD OF ELIGIBILITY LISTS. Item NO.8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2004. Recommendation: That the City Council receive and file the Investment Report for the month of December, 2004. Reqardinq Item NO.5: ADOPTION OF RESOLUTION SUPPORTING THE CITY OF FULLERTON'S EFFORTS TO OPERATE A COMMERCIAL AIRPORT AT EL TORO, Council Member Luebben stated that with two cities, Los Angeles and Fullerton, looking to operate an airport at EI Toro, should the City be adopting a resolution in favor of one or a resolution that fosters the idea of having meaningful dialogue on whether or not someone should be able to operate a commercial airport at EI Toro. Mayor Pro Tem Sondhi stated that the City is not attempting to pass a Resolution to approve Fullerton to have an airport at EI Toro, but in actuality to request the Department of Transportation Federal Aviation Administration to join in a meaningful dialogue about the issue of transportation needs in Southern California. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Sondhi, that the City Council adopt the Resolution by title only, supporting the City of Fullerton's efforts to operate a commercial airport at EI Toro. 6 CITY COUNCIL MINUTES 329 JANUARY 24, 2005 The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE CITY OF FULLERTON'S EFFORTS TO OPERATE A COMMERCIAL AIRPORT AT EL TORO. Reqardinq Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 68252 THROUGH 68403, Council Member Luebben stated that he would like to see the cash disbursements made through wire transfers, e-payments, and others of that nature, on the warrant list. The Director of Finance and Administrative Services stated that not every transaction is reported in the warrant register because of wire transfers for investments, payroll, and bond payments. Mayor McGill suggested that Council Member Luebben meet with the City Manager and Director of Finance and Administrative Services to discuss further. It was moved by Council Member Luebben and seconded by Council Member McCoy, that the City Council approve the attached warrant register. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: No items. NEW BUSINESS: No items. 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 AgEmda. None. 7 330 CITY COUNCIL MINUTES JANUARY 24, 2005 ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended the Recreation and Community Services Commission meeting where the winners of the Holiday Decorating Contest were recognized. Attended a League of California Cities Transportation, Communication and Public Works Policy Committee meeting in Los Angeles where Senator Torlakson spoke. Attended the League of Cities 2005 Mayors and Council Members Academy Leadership Institute in Sacramento where classes were provided on being council members. Council Member Seymore: Attended the League Academy Leadership Institute in Sacramento. Attended the dedication of four homes in Westminster for Habitat for Humanity. Mavor Pro Tem Sondhi: Represented the Mayor at the Orange County Measure M Interjurisdictional Planning Forum Meeting Growth Management Area 2. Mayor McGill asked that the Director of the O. C. Transportation Authority be approached about presenting an overview to the City Council. Mavor McGill: Attended the League Academy Leadership Institute in Sacramento. Attended the Cypress Economic Development Council meeting where Chief Hicks provided an overview. Attended the Los Alamitos State of the City luncheon. He stated that the City's State of the City luncheon will be held on January 26, 2005 at the Cypress Community Center. Mayor McGill asked Chief Hicks for information regarding the police department's outstanding performance at a recent burglary in the city. Chief Hicks stated that the City, with donated funds from PacifiCare, was able to purchase a device that would remotely make the Police Department aware of crime being committed and last week it activated at a location in the business park. The Police Department previously anticipated that this area might be hit and the technology allowed a quick response where four of the five burglars were arrested and all of the stolen property was recovered. ITEMS FROM CITY MANAGER: No items. Council Member Luebben stated that he received a notice from his children's school regarding PT A volunteer shortages. He urged parents to get involved in PT A and supporting their schools. Council Member Luebben stated that an article was in the Los Angeles Times regarding the O.C. Fire Authority contract with Medix Ambulance Services who provides service to Cypress. He spoke with a representative from Medix regarding their contract and was told they could adequately serve the area with 16 ambulances instead of 24 based upon service to adjacent communities that are all part of a service territory. Mayor McGill stated that the ambulance service provided by Medix is the same as the last contract. He stated that some concern was raised by competitors and that the O.C. 8 CITY COUNCIL MINUTES 331 JANUARY 24,2005 Fire Authority is conducting a full audit to determine if the proposal submitted by Medix is being met. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:40 p.m. to a Special Meeting to be held on Monday, January 31, 2005, beginning at 5:30 p.m. in the Executive Board Room. /f/U- ~ MAYOR OF THE CITY OF CYPRESS ATTEST: .~u CLERK OF THE CITY OF CYPRESS 9