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Minutes 2005-05-09 398 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 9,2005 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor McGill in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members Luebben, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill ABSENT: Council/Agency Board Member McCoy STAFF PRESENT: City Clerk. City Manager, City Attorney, Assistant City Manager, and 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. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency negotiators: Richard Storey and William W. Wynder, Employee Groups: Cypress Police Management Association. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. 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), Kathy L. Bajamundi v. City of Cypress, et aI., Case Number 04CC09316, Orange County Superior Court. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Council- Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of cases: One. 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 7:03 p.m. by Mayor McGill. PRESENT: Council/Agency Board Members Luebben, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill ABSENT: Council/Agency Board Member McCoy CITY COUNCIL MINUTES 399 MAY 9,2005 STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Acting Recreation and Community Services Director, Assistant Community Development Director, Administrative Services Manager, Associate Planners, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor McGill. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. 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 on the ongoing negotiations to develop the two outparcels from the Costco property. No reportable action was taken. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency negotiators: Richard Storey and William W. Wynder, Employee Groups: Cypress Police Management Association. The City Attorney stated that Mr. Storey reviewed with the Council the initial proposal for a new memorandum of understanding with the Cypress Police Management Association and discussed a range of negotiations the City Council could consider. The City Council unanimously authorized Mr. Storey to make a counter offer to the initial proposal from the Cypress Police Management Association. The City Attorney reported that the City Council met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. The City Attorney stated that the City Manager reported regarding solicitations to executive search firms to assist the City in recruiting a full-time City Manager and that he anticipates responses from up to six executive search firms by the end of the week or early next week. A determination to interview and selection of an executive search firm will be brought back to the Council for future action. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Kathy L. Bajamundi v. City of Cypress, et aI., Case Number 04CC09316, Orange County Superior Court. The City Attorney stated that a status report was provided on a non-binding judicial arbitration held today. No reportable action was taken. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Council - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of cases: One. The City Attorney stated that certain facts and circumstances which could give rise to the initiation of litigation was provided to the City Council. 2 400 CITY COUNCIL MINUTES MAY 9, 2005 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. David Sluga, Cypress, spoke regarding Cypress Community Festival volunteers. 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. 2005-03 AND TENTATIVE PARCEL MAP NO. 2005-124. A REQUEST TO CREATE A SINGLE-LOT SUBDIVISION, AND TO CONSTRUCT TWO (2) CONDOMINIUM UNITS LOCATED AT 8721 MOODY STREET WITHIN THE RM-20 RESIDENTIAL MUL TIPLE- FAMILY ZONE. The Assistant Community Development Director provided background information on this item. Mayor Pro Tem Sondhi asked about the elevation from the street side of the property and the visual impact of the garages. The Assistant Community Development Director stated that the garages are set back 45 feet from the new property line. He stated that it is staff's intent to have the garage architecture match that of the building. Council Member Seymore asked if the application is for flat or pitched roof. Council Member Luebben asked about the type of trash receptacles and storage location. The Assistant Community Development Director stated that there will be individual trash containers. Mayor McGill asked about the 20 foot dedication. The Assistant Community Development Director stated that the ultimate right-of-way on Moody called for is wider than what is provided. The Engineering Department will ask for a dedication of land for the provision of this ultimate right-of-way on projects as they develop. The Public Works Director stated that the City Council has allocated funding in the upcoming fiscal year for the design of Moody between Lincoln and Grace. Mayor Pro Tem Sondhi asked about the setback from the block wall near the garages. The Assistant Community Development Director stated that the setback is a standard City requirement of three feet. The public hearing was opened. The applicant, Thu Tran, stated that he will abide by all of the conditions. He stated that the roof on the garages will be peaked. 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. 3 CITY COUNCIL MINUTES 401 MAY 9,2005 It was moved by Council Member Luebben and seconded by Mayor Pro Tem Sondhi, that the City Council adopt the Resolutions by title only and waive further reading, approving Conditional Use Permit No. 2005-03 - with conditions, and approving Tentative Parcel Map No. 2005-124 - with conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-03 - WITH CONDITIONS. RESOLUTION NO. 5842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 2005-124 - WITH CONDITIONS. Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-06. A REQUEST TO ALLOW FAST-FOOD RESTAURANT WITH DRIVE- THROUGH SERVICE AND AN OUTDOOR DINING AREA. LOCATED AT 10501 KNOTT AVENUE IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. The Associate Planner provided background information on this item. Mayor Pro Tem Sondhi asked if the intent to make sure the perimeter wall is eight feet tall is to attempt to redress very specifically the complaints that the neighbors have had in the past. The Associate Planner stated that was the intent. The public hearing was opened. The applicant, Mark Welch, and the Real Estate Broker/Property Manager, Lee Petsas, introduced themselves. Mr. Petsas stated that there were several concerns that the property owner has regarding the wall. He stated there were not any noise related complaints under the previous ownership with similar hours of operation. He asked why two additional feet could not be added onto the existing wall rather than building a whole new wall. Mr. Pets as stated that he also observed other fast food restaurants in the City that have drive-thrus with their speaker box much closer to perimeter walls of adjacent residential properties. Regarding the condition to have the speaker on the drive-thru work from 10 a.m. and 10 p.m., he stated that there is probably not a restaurant in the city that has a drive-thru menu board that doesn't have a speaker and that this can be addressed by volume control. 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 City Manager asked if the applicant had time to review the conditions prior to the meeting this evening. 4 402 CITY COUNCIL MINUTES MAY 9,2005 The Associate Planner stated that the applicant was emailed the conditions of approval and he also picked up a copy a couple of weeks ago and indicated that the conditions were acceptable. The City Manager recommended that the City Council not act on this item tonight due to the numerous objections to many conditions and that the item be continued for two weeks so staff has an opportunity to meet with the applicant and/or representative. Staff will then provide the Council with further recommendations. The public hearing was closed. The City Attorney asked the applicant if he had any objection to the two week continuance. Mr. Welch stated that he did not. It was moved by Council Member Seymore and seconded by Council Member Luebben, that this item be continued to the May 23,2005 meeting. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy Item NO.3: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-07, A REQUEST TO ADD A TWO-STORY GUEST DWELLING UNIT ONTO A PREVIOUSLY APPROVED DETACHED GARAGE LOCATED AT 5422 NELSON STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Associate Planner provided background information on this item. Mayor McGill asked about the deed restriction requirement. The Associate Planner stated that a condition of approval would not indicate to people on any chain of title that this requirement was on the property. By having a deed restriction that is recorded with the County Clerk, the chain of title would be followed and show up in a title search when the property was sold. Council Member Seymore asked how the City would know if the property was being used as a rental unit. The Associate Planner stated that the typical way to know would be on a code enforcement complaint basis with the neighbors being the best indicators. The Assistant City Manager stated there is also a restriction for separate utility service, which would make it more difficult to rent to a third party. It would be difficult for the City to know if it was being rented to a family member. Council Member Seymore asked if the trees along the back wall of the property would be removed. The public hearing was opened. The applicant, Ron Greenwood, stated that the purpose of the guest dwelling is for family and not for a rental. He stated that the trees will not be removed. 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. 5 CITY COUNCIL MINUTES 403 MAY 9,2005 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 Conditional Use Permit No. 2005-07 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-07 - WITH CONDITIONS. Item NO.4: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-05 AND TENTATIVE TRACT MAP NO. 16864, A REQUEST TO CONSTRUCT THREE (3) ATTACHED CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8552 LA SALLE STREET IN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Associate Planner provided background information on this item. Council Member Seymore asked about the lot layout of the unit and the two foot setback on the garage unit. The Assistant Community Development Director stated that setbacks can actually go up to the property line but the materials that must be used are more expensive so typically most people go to three feet. Mayor Pro Tem Sondhi asked about site lighting for the project as opposed to individual unit lighting. The Associate Planner stated that staff has not received any plans indicating any lighting proposed for the site but they will work with the applicant to provide both building lighting and walkway lighting. The public hearing was opened. The applicant, Frank Sabato, thanked City staff for their work and guidance on the project. The property owner, Steve Dipietrantonio, also thanked City staff. 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. Council Member Luebben commended the applicants on the aesthetics and commented on the density of the project. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Luebben, that the City Council adopt the Resolutions by title only and waive further reading, approving Conditional Use Permit No. 2005-05 - with conditions, and approving Tentative Tract Map No. 16864 - with conditions. 6 404 CITY COUNCIL MINUTES MAY 9, 2005 The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-05 - WITH CONDITIONS. RESOLUTION NO. 5845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16864 - 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 by one motion approving the recommendations listed on the Agenda. Council Member Luebben requested Item No.8 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Luebben, to approve Consent Calendar Items NO.5 through 7 and 9 through 11. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Luebben, Seymore, Sondhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: McCoy Item NO.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 25, 2005. Recommendation: That the City Council approve the Minutes of the Meeting of April 25, 2005, as submitted. Item NO.6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.7: PROCLAIMING THE MONTH OF MAY, 2005, AS "MENTAL HEALTH MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2005, as "Mental Health Month" in the City of Cypress. Item No.9: AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2005-2006. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the City's participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds, and authorize the Mayor, City Manager, Community Development Director, and/or their designees to execute the three associated contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council. 7 405 CITY COUNCIL MINUTES MAY 9.2005 RESOLUTION NO. 5846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE EXECUTION OF THREE CONTRACTS FOR THE AWARD OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THROUGH THE COUNTY OF ORANGE FOR THE PROGRAM YEAR SPANNING JULY 1, 2005 THROUGH JUNE 30, 2006. Item No. 10: SELECTION OF THE CITY'S AUDITORS AND APPROVAL OF AN AWARD OF A THREE YEAR CONTRACT FOR AUDIT SERVICES TO CAPORICCI & LARSON. LLP FOR THE FISCAL YEARS ENDED JUNE 30, 2005 THROUGH JUNE 30, 2007. Recommendation: That the City Council select the firm of Caporicci & Larson, LLP as the City's auditors and approve the three year award of contract for the fiscal years ended June 30, 2005 through June 30, 2007 with an option to extend the contract for an additional two-year term. Item No. 11 : APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 69808 THROUGH 70054. Recommendation: Approve the attached warrant register. Reqardinq Item NO.8: ADOPTION OF RESOLUTION EXPRESSING SUPPORT FOR AB 1222; AB 888; AND SB 459 RELATING TO LOCOMOTIVE AND RAIL YARD EMISSIONS, Council Member Luebben stated that he is not in favor of supporting the adoption of a Resolution as it places a lot of restrictions on interstate and intrastate commerce. Mayor McGill stated that the City does not have jurisdictional judgment over this issue and that this is a transit/environmental issue in Los Angeles County. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Sondhi, to reject adoption of the Resolution relating to locomotive and rail yard emissions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: Item No. 12: CONTINUED CONSIDERATION OF THE ONE-YEAR REVIEW FOR COMPLIANCE WITH THE AMENDED CONDITIONAL USE PERMIT NO. 77-9. AN EXPANDED BILLIARD HALL AND CAFE USE WITH ONSALE BEER AND WINE. LOCATED AT 6285-6289 BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE. The Associate Planner provided background information on this item. Mayor McGill stated that he was pleased with the detail of the modified conditions of approval. 8 406 CITY COUNCIL MINUTES MAY 9,2005 Council Member Seymore asked if the employees at the business have been notified of the conditions. The Associate Planner stated that staff met with the business owner and reviewed that provision in the condition of approval. Mayor Pro Tem Sondhi stated that she appreciated staff taking into consideration the Council's concerns. 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 an amendment to Condition No. 11 of the Amended Conditional Use Permit No. 77-9. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Luebben, Seymore, Sondhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: McCoy RESOLUTION NO. 5847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITION NO. 11 OF THE AMENDED CONDITIONAL USE PERMIT NO. 77-9. 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. Dante Encarnacion, applicant, thanked the City Council for their support on Agenda Item No. 12. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended the La Palma State of the City luncheon. Attended an O.C. Sanitation District Board meeting. Attended Anaheim Mayor Curt Pringle's open house reception. Attended the O.C. Transportation Authority Metro Link Free Ride Day anniversary celebration. Participated in the Cypress Chamber of Commerce golf tournament. Attended the Cypress Hampton Inn groundbreaking ceremony. Attended an O.C. Sanitation District Ad Hoc Committee meeting. 9 CITY COUNCIL MINUTES 407 MAY 9.2005 Council Member Seymore: Attended the La Palma State of the City luncheon. Attended the Cypress Police Officers Association awards banquet. Attended the Cypress Hampton Inn groundbreaking ceremony. Mavor Pro Tem Sondhi: Attended the scholarship performance at the Community Center as part of the Arts Week celebration. Mavor McGill: Attended the La Palma State of the City luncheon. Attended the scholarship performance at the Community Center as part of the Arts Week celebration. Attended the Cypress Police Officers Association awards banquet. Attended the O.C. Fire Authority firefighter memorial fund meeting and participated in the relief fund golf tournament. Participated in the Cypress Chamber of Commerce golf tournament. Attended the Cypress Hampton Inn groundbreaking ceremony. Attended DARE graduation ceremonies. Other Items: Council Member Luebben commented on AB 991 (Devore), which would change the make up and number of representatives on the Vector Control District. He stated that the item did not get agendized because on April 27, 2005, the Assembly voted the bill down. He stated that Assemblyman Devore reportedly has plans to bring back another measure in one year. Mayor McGill stated that a Measure M survey has been brought to the City Council and one of two approaches can be taken: 1) Agendize for discussion and consensus, or 2) Defer to City staff to respond to the survey. It was the consensus of the City Council to have staff respond to the Measure M survey. ITEMS FROM CITY MANAGER: The City Manager announced the appointment of Laura Detweiler as Director of Recreation and Community Services effective May 16, 2005. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:45 p.m. to Monday, May 16, 2005, beginning at 5:30 p.m. in the Executive Board Room. /}1;L ~ MAYOR OF THE CITY OF CYPRESS ATTEST: Y CLERK OF THE CITY OF CYPRESS 10