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HomeMy WebLinkAboutMinutes 2005-08-08 470 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 8, 2005 A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor McGill in the Executive Board Room, 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: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative SeNices, Chief of Police, Public Works Director, Recreation and Community SeNices Director, Police Captain, Assistant City Engineer, Recreation and Community SeNices Superintendent, Administrative Services Manager, and City Clerk. ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Recreation and Community SeNices Director stated that staff would like to bring the Council up to date on the proposed changes to the Joint Use Agreement by Anaheim Union High School District and ask for direction to move forward with formal communications and negotiations with the school district. The Recreation and Community SeNices Director stated that the purpose of the agreement was to provide for additional open space and recreational facilities to the Cypress community at no charge. She stated that recently the school district gave the City a Notice of Termination, exercising the 90 day clause within the agreement. They wish to renegotiate the agreement with two changes: the way the permitting process is currently handled (through the District rather than the City) and an attendant fee of $15 per hour. She stated that staff met with the youth groups regarding these proposed changes and to determine the impact this would have on the organizations. The fiscal impact is substantial and of major concern. A survey conducted of other cities and school districts joint use agreements found that the majority do not have fees associated with joint use. The Recreation and Community SeNices Director stated that some investments have been made into the school district's facilities including lighting at Lexington Junior High School and Cypress High School. The City and A YSO split the costs for these lighting improvements. She stated that last year an amendment was made to the agreement, which allowed Oxford to request additional funds to build a gym. A community partner was necessary in order to be eligible for funds and the City agreed to be that community partner. Council Member McCoy asked if this would be a district-wide policy that would affect other cities as well. The Recreation and Community SeNices Director stated that it would be district-wide and they have just concluded negotiations with the City of Anaheim. CITY COUNCIL MINUTES 471 AUGUST 8, 2005 Mayor McGill asked about the expectations of the City about Oxford School as it was his understanding that initially the facility would not be a very sports-oriented campus, which now it is. The Assistant City Manager stated that in previous conversations with the school, it has been discussed that the campus has morphed into more than what the district originally thought it would be. The Recreation and Community SeNices Director stated that Oxford School did not intend on having a sports program but started a program and have expanded with plans to expand even further. Mayor Pro Tem Sondhi asked about the grounds maintenance with Oxford and if that still continues. The Recreation and Community SeNices Director stated that was under a separate agreement and would continue. Council Member Luebben stated that he sees real harm being done that will be difficult to quantify. The $61,000 estimated detriment of the youth leagues is unacceptable. Council Member McCoy stated that the ultimate goal is to have a representative present watching over the facilities so possibly it could be negotiated to use individuals from the City or the youth organizations, which would relieve the burden of cost to the groups. Council Member McCoy suggested that the City Manager get in contact with the Superintendent of Anaheim Union High School District to determine what exactly is being done. Council Member Seymore asked for a list of the improvements that have been made including the costs incurred. Council Member McCoy asked that Mr. Norman also contact the Anaheim City Manager about any issues he may be aware of. Mayor McGill asked that this issue be discussed further at the August 22, 2005 City Council workshop. Mike Cool, President, Cypress Girls Softball, stated that he would like the City to donate any money received in excess to the youth groups, if the agreement goes into affect. Phillip Ruan, Cypress Football Club & A YSO, stated the biggest issue is the timeframe in which this was done, specifically after budgets were already created. Dan Webb, Regional Commissioner, A YSO, stated that if the agreement goes into affect it will cost A YSO approximately $25,000. Phil Arentz, President, Cypress Pony Baseball, spoke regarding issues they have experienced at Oxford School. Mayor McGill thanked everyone for their comments on the issue. 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 Redevelopment Agency would not be meeting in Closed Session. At 6:25 p.m., the Mayor recessed the meeting. 2 472 CITY COUNCIL MINUTES AUGUST 8, 2005 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:13 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 SeNices, Chief of Police, Public Works Director, Recreation and Community SeNices Director, Police Captain, Assistant Community Development Director, Administrative SeNices Manager, Associate Planners, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor McGill administered the Oath of Office to newly appointed City Manager David Norman. Fred Freeman, Vice Chair, Orange Line Development Authority and Mayor Pro Tem, City of Los Alamitos, and AI Perdon, Executive Director, Orange Line Development Authority, made a presentation regarding the Orange Line Project. REPORT OF WORKSHOP AGENDNCLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that the City Council discussed the Anaheim Union High School District's Joint Use Agreement and specifically the possibility of the school district imposing fees to use their school grounds, which had not been previously imposed. He stated that Council direction is to have the City Manager speak with the superintendent regarding the issue, to develop additional information as to improvements and contributions made by sports groups, and to present this information to the City Council at a workshop as soon as possible. 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 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 the City Council unanimously declared an impasse between the City and the Cypress Police Management Association, and directed staff to bring back an appropriate impasse Resolution at its earliest possible convenience. The City Attorney reported that the Redevelopment Agency item listed was not discussed in Closed Session. No other action was taken in Closed Session, nor was any solicited. 3 CITY COUNCIL MINUTES 473 AUGUST 8, 2005 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 the Cinnamon Square residential development project. Samij Taylor Yakovetic, Cypress, spoke regarding the Lincoln Center Mobile Home Park resident meeting to be held on Sunday, August 28, 2005, at 6:30 p.m. 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. 2005-16 AND TENTATIVE TRACT MAP NO. 16900. A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT NINE (9) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8652 LA SALLE STREET WITHIN THE RM-20 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Ed Bonanni, Bonanni Development, stated that the project complies with, and in some cases exceeds, all City Ordinances. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Frank Sabato, Realtor Associate, Bowman Real Estate, spoke in favor of the project. 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 Seymore, that the City Council adopt the Resolutions by title only and waive further reading, approving Conditional Use Permit No. 2005-16 - with conditions, and approving Tentative Tract Map No. 16900 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-16 - WITH CONDITIONS. RESOLUTION NO. 5888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16900 - WITH CONDITIONS. 4 474 CITY COUNCIL MINUTES AUGUST 8, 2005 Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-15, A REQUEST TO ALLOW AN OUTDOOR SEATING AREA FOR A COFFEE HOUSE LOCATED AT 10031 VALLEY VIEW STREET IN THE CG-10,000 COMMERCIAL GENERAL ZONE. The Associate Planner provided background information on this item. Council Member Luebben asked about the width of the sidewalk at the Starbuck's located on Katella Avenue. The Assistant Community Development Director stated that the Building Code requires 44 inches for the path of travel irrespective of what the width of the sidewalk is, which the Starbuck's and the proposed project both have. The public hearing was opened. The applicant, Kierstin Misterek, Ware Malcomb Architects representing Starbucks, thanked the Council for the very fair Conditional Use Permit requirements. 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, approving Conditional Use Permit No. 2005-15 - 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. 5889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-15 - 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. It was moved by Council Member Luebben and seconded by Council Member McCoy, to approve Consent Calendar Items No.3 through 10. 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.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 11. 2005. Recommendation: That the City Council approve the Minutes of the Meeting of July 11, 2005, as submitted, with Mayor Pro Tem Sondhi abstaining on the minutes due to her absence from the meeting. 5 CITY COUNCIL MINUTES 475 AUGUST 8, 2005 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.5: ADOPTION OF A RESOLUTION COMMEMORATING SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 40 YEARS OF SERVICE TO THE SOUTHERN CALIFORNIA REGION. Recommendation: That the City Council consider the adoption of a Resolution by title only, commemorating Southern California Association of Governments (SCAG) 40 years of service to the Southern California region. RESOLUTION NO. 5890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMEMORATING SCAG'S 40 YEARS OF SERVICE TO THE SOUTHERN CALIFORNIA REGION. Item NO.6: ADOPTION OF RESOLUTION PROVIDING FOR RESERVED PARKING SPACES IN THE CIVIC CENTER PARKING AREA. Recommendation: That the City Council adopt the Resolution by title only, providing for the posting of five parking spaces in the Civic Center parking area noting "ReseNed Parking Council Member, Unauthorized Parking Will Be Cited, Per C.V.C. 21113(a)." RESOLUTION NO. 5891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, PROVIDING FOR RESERVED PARKING SPACES IN THE CIVIC CENTER AREA. Item NO.7: AWARD OF CONTRACT FOR ON-CALL PLAN CHECK. INSPECTION. AND ENVIRONMENTAL COMPLIANCE SERVICES FOR STORM WATER QUALITY/NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). Recommendation: That the City Council: 1) Award a Professional Services Agreement for On-Call Plan Check, Inspection, and Environmental Compliance SeNices for Storm Water Quality/National Pollutant Discharge Elimination System (NPDES) to Charles Abbott Associates, 2601 Airport Drive, Suite 110, Torrance, California 90505, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional SeNices Agreement for On-Call Plan Check, Inspection, and Environmental Compliance SeNices for Storm Water Quality/National Pollutant Discharge Elimination System (NPDES) to John L. Hunter and Associates, Inc., 13310 Firestone Blvd., A-2, Santa Fe Springs, California 90670, and direct the Director of Public Works/City Engineer to act as Contract Officer. Item No.8: AWARD OF CONTRACT FOR RESIDENTIAL SLURRY SEAL, PUBLIC WORKS PROJECT NO. 2005-16. Recommendation: That the City Council: 1) Award a contract for Public Works Project No. 2005-16, Residential Slurry Seal, in the amount of $171,740.50, to the lowest responsible bidder, Pavement Coatings Co., Cypress, California; and 2) Authorize a contingency of $17,174 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. 6 476 CITY COUNCIL MINUTES AUGUST 8, 2005 Item NO.9: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE INSTALLATION OF CONDUIT/CABLE FOR CCTV PURPOSES. PUBLIC WORKS PROJECT NO. 2004-29. Recommendation: That the City Council approve the plans and specifications for the Installation of Conduit/Cable for CCTV Purposes, and authorize staff to solicit bids for the project. Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2004-05 AND 2005-06 FOR WARRANTS NO. 71063 THROUGH 71275. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2004-05 and 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 11: SECOND READING OF ORDINANCES ADOPTING ZONE CHANGE NO. 2005-01. AND THE CYPRESS PARK SPECIFIC PLAN, A REQUEST TO CHANGE THE ZONING OF THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND JUANITA STREET (6151-6197 BALL ROAD) FROM CG COMMERCIAL GENERAL TO PC-11 PLANNED COMMUNITY AND TO APPROVE THE CYPRESS PARK SPECIFIC PLAN. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Sondhi, that the City Council approve the second reading of the Ordinances by title only, adopting Zone Change No. 2005-01 and the Cypress Park Specific Plan, changing the zoning classification of the three properties generally located at the northwest corner of Ball Road and Juanita Street from CG Commercial General to PC-11 Planned Community. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Seymore, Sondhi and McGill NOES: 2 COUNCILMEMBERS: Luebben and McCoy ABSENT: 0 COUNCILMEMBERS: None ORDINANCE NO. 1068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ZONE CHANGE NO. 2005-01 AND THE CYPRESS PARK SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION OF THE THREE PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND JUANITA STREET FROM CG COMMERCIAL GENERAL TO PC-11 PLANNED COMMUNITY. ORDINANCE NO.1 069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE CYPRESS PARK SPECIFIC PLAN (PC-11) FOR THE PROPERTIES LOCATED AT 6151-6197 BALL ROAD LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND JUANITA STREET. UNFINISHED BUSINESS: No items. 7 CITY COUNCIL MINUTES 477 AUGUST 8, 2005 NEW BUSINESS: Item No. 12: REVIEW AND DISCUSSION OF SCA 15 (MC CLlNTOCK) RELATED TO EMINENT DOMAIN. The Administrative Services Manager provided background information on this item. The Assistant City Manager provided information on the U.S. Supreme Court decision regarding eminent domain in Kelo v. City of New London. He stated that California law does not allow property to be put into a redevelopment project area without notification and the meeting of mandatory blight findings, which did not exist in the Kelo case. Council Member Luebben commended staff for their thorough review and presentation regarding SCA 15. He further discussed his concerns with the proposed legislation in its current form in that it is reactionary to the Kelo case, unnecessary legislation that is politically motivated by Senator McClintock, and draconian in that it is more punitive against public agencies than current law. Council Member Luebben stated that the Council adopting a resolution opposing this legislation would send a strong message from the City of Cypress, and would also allow for the Council to continue to dialogue and monitor the proposed legislation. Council Member Luebben moved that the City Council adopt a Resolution opposing the proposed legislation in any form. Motion failed due to lack of a second. Mayor McGill thanked City staff for maintaining the integrity of how a redevelopment project area is defined and for properly using due diligence to define the project areas. Mayor McGill stated that he feels there is a lot of room for comment and is something that is moving forward. He would like the City Council to consider this for further review and comment at a future meeting. Mayor Pro Tem Sondhi stated that the indication is that the California Redevelopment Association has put in an initial indication that it is not supportive of this legislation as well as the League of California Cities. She feels the City can watch and monitor the legislation for a period of time. 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. Allen Crowder, Cypress, spoke regarding Agenda Item NO.6. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended the Korean American Coalition Annual Legislative luncheon hosted by the City of La Palma. 8 478 CITY COUNCIL MINUTES AUGUST 8, 2005 Council Member Seymore: Attended a tour of the Tara Village Apartments. Worked at the Habitat for Humanity Project on Walker Street. Mayor Pro Tem Sondhi: Attended a Housing and Community Development Housing Commission reorganization meeting where she was elected Chair of the commission. Council Member McCoy: Attended a tour of the Tara Village Apartments. Stated that he feels Mr. Norman is a perfect fit as City Manager for the community and an asset to the City. ITEMS FROM CITY MANAGER: The City Manager stated it is his pleasure and honor to seNe the City of Cypress. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:42 p.m. to Monday, August 22, 2005, beginning at 5:30 p.m. in the Executive Board Room. 7U~ MAYOR OF THE CITY OF CYPRESS ATTEST: 9