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Minutes 2005-03-14 356 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 14, 2005 A regular meeting of the Cypress City Council was called to order at 6:00 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: Assistant City Manager, City Attorney, and City Clerk. ORAL COMMUNICATIONS: None. 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. At 6:02 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 7:03 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: Assistant City Manager, City Attorney, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation and Community Services Director, Assistant Community Development Director, Recreation and Community Services Superintendent, Administrative Services Manager, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA, "The Laughing Turtles," Carol Koppenheffer, Leader. INVOCATION: The invocation was given by Pastor Mike Wilson, Cottonwood Christian Center. PRESENTATIONS: None. 357 CITY COUNCIL MINUTES MARCH 14, 2005 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 Kate II a 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 given regarding ongoing negotiations with respect to the possible development and use of the outparcels. No reportable action was requestE!d or taken. 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. Linda Cabrera, Cypress, presented the City Council with an American flag that was flown over Iraq on February 20, 2005 and a Certificate of Appreciation from the Warhawks Bravo Company, 1-140th Aviation Regiment, 42nd Infantry Division, United States Army, Iraq. Carol Koppenheffer, Leader, Laughing Turtles Camp Fine Club, presented a cake to the City Council in honor of Camp Fire USA's 95th Birthday. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council and public to attend the "Music of the Masters" concert presented bel' the Cypress Masterworks Chorale, Camerata and Orchestra on Saturday, April :2n at 7:30 p.m., and Sunday, April 3rd at 3:00 p.m., at the Cypress College Campus Thleater. Melissa Long, West-Comm, invited the City Council to attend the West-Comm Open House on Monday, April 11, 2005. The meeting was recessed at 7:20 p.m. The meeting was reconvened at 7:30 p.m. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY HiE CITY COUNCIL). Item NO.1: PUBLIC HEARING REGARDING VARIANCE NO. 2005-01, A REQUEST TO ALLOW LANDSCAPE BUFFERS LESS THAN THREE-FEET (3') WIDE ALONG A DRIVEWAY, LOCATED AT 5541 DANNY AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Associate Planner provided background information on this item. Mayor Pro Tgm Sondhi asked if the existing status would change from a single family detached dwelling. The Associate Planner stated that the property would then become a duplex. The public hearing was opened. The applicant, Dennis Zimmerman, was present. 2 358 CITY COUNCIL MINUTES MARCH 14, 2005 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. The public hearing was closed. It was moved by Council Member Luebben and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only and waive further reading, granting Variance No. 2005-01 - with conditions. 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. 5,829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 3.14.050.C.7 TO ALLOW LESS THAN THREE FEET (3') WIDE LANDSCAPE BUFFERS ALONG A DRIVEWAY - WITH CONDITIONS. Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-04. A REQUEST BY COTTONWOOD CHRISTIAN CENTER, TO TRANSFER A PORTION OF THE REQUIRED PARKING SPACES ASSOCIATED WITH A TEMPORARY USE WITHIN THE FORMER GOLF COURSE CLUBHOUSE TO THE ADJACENT LOS ALAMITOS RACE TRACK ON PFtOPERTY LOCATED AT 4921 KATELLA AVENUE IN THE PS ZONE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicant, Mike Wilson, Cottonwood Christian Center, stated that they agreed with the Assistant Community Development Director and thanked staff for their hard work. 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. The public hearing was closed. It was moved by Council Member McCoy and secondecl by Mayor Pro Tem Sondhi, that the City Council adopt the Resolution by title only and waive further reading, approving Conditional Use Permit No. 2005-04 - with conditions. 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. ti830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-04 - WITH CONDITIIONS. 3 359 CITY COUNCIL MINUTES MARCH 14,2005 CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calencfar" are to be considered by the City Council to be routine and will be enacted t,y one motion approving the recommendations listed on the Agenda. Mayor McGill requested Item NO.5 be pulled from the Consent Calendar. Mayor Pro Tem Sondhi requested Items NO.6 and '7 be pulled from the Consent Calendar. It was moved by Council Member McCoy and seconded by Council Member Luebben, to approve Consent Calendar Items No.3, 4, and 8. The motion was unanimously carried by the following rolll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None Item NO.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 28. 2005. Recommendation: That the City Council approve the Minutes of the Meeting of February 28, 2005, as submitted. Item NO.4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 69025 THROUGH 69244. Recommendation: Approve the attached warrant registHr. Reqardinq Item No.5: ADOPTION OF RESOLUTION SUPPORTING THE ORANGE COUNTY TRANSPORTATION AUTHORIITY IN ITS EFFORTS TO REALLOCATE THE LOCAL AND STATE FUNDS THAT WERE PREVIOUSLY DESIGNATED FOR THE CENTERLINE LIGHT RAIL SYSTEM, Mayor McGill stated that a request was made for the City Council to adopt a Resolution that would support and endorse an allocation to other existing projects. He stated that the O.C. Transportation Authority will continue to look at alternative transportation methods. Mayor Pro Tem Sondhi stated that she believes there needs to be a balanced transportation plan that includes some type of rail, bus, and car systems within the county. She asked for clarification on what the Resolution is asking for or supporting. Mayor McGill stated that Measure M is running out of time and the allocation of funds that is being generated needs to be allocated amongst other projects. The Resolution would voice support for reallocation of those funds rather than having them sit and waiting for further direction. Mayor Pro Tem Sandhi asked if Measure M funds were specifically allocated for Centerline, rail systems or transit projects. She stated that she wants to see what the voters wanted carried out unless there are other extenuating circumstances. Mayor McGill stated that Measure M did not quantify the funds that were to be allocated for light rail. The O.C. Transportation Authority, as a board, made that decision and felt they were directed by the passage of Measure M to allocate funds for a light rail system. This was worded in the ballot measure and one of the descriptions of the argument in favor of the ballot measure when it appeared on the ballot. 4 360 CITY COUNCIL MINUTES MARCH 14, 2005 Mayor Pro Tem Sondhi stated that she felt it was premature for the City to be approving a Resolution of this nature and that she would like to see more dialogue take place before a Resolution of support is put forth. Council Member Luebben stated that Measure M funds have been used to support many projects. He stated there was much persuasion against Centerline with certain cities even passing Resolutions against the project. He feels the City's Resolution is not telling OCT A how to do its business but rather asking for consideration of previous Centerline funding for other public transportation purposes. The Administrative Services Manager provided background information on Measure M. She stated that the majority of Measure M funding was for the freeway system, with other funding for transit, local streets and roads, and lregional streets and roads. She stated that the Resolution that has been presented is asking OCT A to keep the funding in the transit projects for future action. Mayor Pro Tem Sondhi stated that she is not opposed to what the Resolutions says, but she is opposed to the way the premise was writtl3n. She questioned if the $340 million was specifically earmarked from Measure M or was it specifically thereafter earmarked by OCT A as part of the transit funds out of tile total amount. The Assistant City Manager stated that the $340 million does come from Measure M funds based upon information from OCTA. He stated that an option for the Council may be to consider changing the wording of the Resolution to say that the funds set aside for light rail be preserved for transit. Council Member Luebben stated that what is needed is clarification if Measure M expressly required the $340 million be set aside for a rail system or whether the O.C. Transportation Authority, using Measure M funds, set the funds aside. The Assistant City Manager stated that the OCT A website specifically states that voters mandated $340 million for county-wide advanced rail transit but that does not mean this was not part of a board action. The Administrative Services Manager stated that it is h,er understanding, from Measure M documents, that this was directed by the voters. Mayor McGill suggested that paragraph four from the Resolution, which states "expressly set aside approximately $340 million for a rail system," be struck. The City Attorney stated that in the fifth clause, the words "these and other" need to be stricken also. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Luebben, that the City Council consider the adoption of a Resolution by title only, and authorize a letter of support on behalf of the City Council, supporting the Orange County Transportation Authority in its efforts to reallocate the local and state funds that were previously designated for the Centerline Light Rail System, as amended. The motion was unanimously carried by the following roll call vote: AYES; 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, MCClOY, Seymore, Sondhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None RESOLUTION NO. 5831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, SUPPORTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY IN ITS EFFORTS TO REALLOCATE THE LOCAL AND STATE FUNDS THAT WERE PREVIOUSLY DESIGNATED FOR THE CENTERLINE LIGHT RAIL SYSTEM. 5 361 CITY COUNCIL MINUTES MARCH 14, 2005 Reqardinq Item NO.6: AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 87-34. A REQUEST TO MODIFY AN EXISTING CONDITION OF APPROVAL ATTACHED TO THE PROPERTY LOCATED AT 11 HiO HOPE STREET, Mayor Pro Tem Sondhi asked for clarification regarding the amendment. The Assistant Community Development Director provicled background information on this item. Mayor Pro Tem Sondhi asked about Saturday delivery start times in the business park. The Assistant Community Development Director stated that deliveries can begin as early as 7:00 a.m. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Sondhi, that the City Council adopt the Resolution by title only, approving an amendment to Condition No. 32 to Design Review Committee Permit No. 87-34. 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 RESOLUTION NO. 5832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO CONDITION NO. 32 TO DESIGN REVIEW COMMITTEE PERMIT NO. 87-34. Reqardinq Item NO.7: ADOPTION OF RESOLUTION ESTABLISHING COMPENSATION AND AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF RECREATION SUPERVISOR AND APPROVAL OF THE ADDITION OF A RECREATION COORDINATOR POSITION, Mayor Pro Tem Sondhi asked for background information on this request. The Recreation and Community Services Director provided background information on this item. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Seymore, that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, establishing compensation, and adopt the revised classification specification for the regular full-time position of Recreation Supervisor; and 2) Approve the addition of a regular full-time position of Recreation Coordinator and eliminate one part-time Recreation Specialist position and one part-time Recreation Leader IV position. 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 RESOLUTION NO. 5833 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, ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF RECREATION SUPERVISOR IN THE CITY'S CLASSIFICATION PLAN. 6 362 CITY COUNCIL MINUTES MARCH 14, 2005 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 Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended an O.C. Leadership Symposium in Lake Arrowhead. Attended an O.C. Sanitation District meeting. Attended an O.C. League of California Cities meeting. Attended the Junior Olympics swim meet in Long Beach. Council Member Sevmore: Attended a DARE luncheon at Grace Christian School. Is continuing the Cypress Police Department Citizen's Academy. Attended the Korean American Coalition dinner. Attended the O.C. Fire Authority anniversary and dedication of training facility in Irvine. Mayor McGill: Attended several DARE luncheons. Attended Cawthon Elementary School Read Across America. Attended the Korean American Coalition dinner. Attended the dedication of the O.C. Fire Authority training facility. Council Member Seymore commended the Cypress Police Department and West- Comm cities for their efforts and being selected to receive a mobile command post. Mayor McGill congratulated Cypress College women's basketball for winning the state title. ITEMS FROM CITY MANAGER: No items. 7 CITY COUNCIL MINUTES 363 MARCH 14. 2005 ADJOURNMENT: Mayor McGill adjourned the meeting at 8:38 p.m. to a Special Meeting on Monday, March 21, 2005, beginning at 5:30 p.m. in the Executive Board Room. /;1;1 ~ MAYOR OF THE CITY OF CYPRESS ATTEST: C T CLERK OF THE CITY OF CYPRESS 8