Minutes 2005-10-10
13
MINUTES OF A REGULAR MEETII\IG OF THE
CYPRESS CITY COUNCIL
HELD
October 10, 2005
A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor
McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
The meeting was recessed due to lack of a quorum.
The meeting was reconvened at 5:30 p.m.
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 and Community Services Director, Assistant Community Development
Director, Police Captain, Assistant City Engineer, Associate Engineer, Associate
Engineer/Traffic, Redevelopment Project Manager, Aclministrative Services Manager,
and City Clerk.
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The Public Works Director introduced staff and consulltants from RBF Consulting and
Epic Land Solutions.
The Public Works Director provided background information regarding Moody Street
and options available for improvements.
The Associate Engineer provided pictures of the ar€!a and maps that highlight the
different improvement options. He stated that the 50 foot alignment would be a straight
line continuation of the existing improvements and that four properties would encroach
into the right-of-way line. The approximate cost estimatEl is $9 million.
He stated that the 37 foot option has the narrowest street width that would still maintain
on-street parking. The sidewalk is reduced from eight feet to six feet in width and the
corner radius is reduced from 35 feet to 25 feet, which also reduces the property line
radius. One property would encroach into the right-of-way. The estimated cost for this
option is $3 million.
The Associate Engineer stated that the 30 foot option puts the curb at 24 feet, which
would keep the configuration consistent with what it is currently. This option relieves the
right-of-way acquisition burden but does not allow for on-street parking. The
construction estimate for this option is $800,000.
Mayor Pro Tem Sondhi asked about the process of right-of-way dedication.
The Public Works Director stated that development on the property can trigger the
process.
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
Council Member Luebben asked if all of the proposed improvements include
underground sewer and drainage.
The Associate Engineer stated that the area is mentioned in the Master Plan of Storm
Drains as a deficiency area with both sides of the street flooding. There is a storm drain
proposed to be installed at the Merten and Moody intersection.
The Assistant City Manager stated that the current traffic capacity does not require the
50 foot widening nor is it anticipated to reach that capacity in the near future.
The Associate Engineer/Traffic stated that it is an undl3rutilized primary arterial at this
point.
Council Member McCoy asked about the possibility of making this part of Moody one
lane in each direction to accommodate sidewalks, curbs, gutters, and on-street parking,
and also about using property on the other side of the street as well instead of just one
side.
The Associate Engineer stated that the west side of the street is already narrow in its
existing configuration and only about three feet could be' gained.
The Associate Engineer/Traffic stated that having only one lane in each direction would
create a capacity problem for the arterial segment.
Mayor McGill stated that he is gravitating more toward the 30 foot concept but is open
to other ideas.
Council Member Luebben stated that the 30 foot option appears to be the most
reasonable at this point and that staff has thought this out very thoroughly in terms of
the best compromise and interim solution for the money.
Mayor Pro Tem Sondhi stated that if there is adElquate on-site parking for the
residences on Moody, she is ready to move forward wittl the 30 foot option.
It was the consensus of the City Council for the 30 foot option with more exploration on
parking and bike lanes with a preference for underground utilities.
Mayor McGill asked for more information also on the possibility of reducing traffic to one
lane in each direction.
The City Manager stated that this will probably require a traffic study to determine the
level of service of impact on the area.
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) City of Huntington Beach v. Huntington Beach Police Officers
Association, et al. Case Number SACV 01-1125 JVS (ANx) United States District Court,
Central District of California.
At 6:25 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 McGill.
PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro
Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill
ABSENT: None
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15
CITY COUNCIL MINUTES
OCTOBER 10, 2005
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager,
Director of Finance and Administrative Services, Chief of Police, Public Works Director,
Recreation and Community Services Director, Police Captain, Assistant Community
Development Director, Administrative Services Manager, Redevelopment Project
Manager, Associate Planners, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Seymore.
INVOCATION: The invocation was given by City Attornl3Y Wynder.
PRESENTATIONS:
None.
REPORT OF WORKSHOP AGENDA/CLOSED 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 reviewed alternatives to the
realignment of Moody Street in the portion north of Lincoln Avenue. Direction was given
to staff to further explore keeping the width of the streE~t at 30 feet and exploring other
options that may be available to allow for continued parking and different related issues.
Staff will provide this information at a future Council meHting for consideration.
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 Legal Counsel - Existing Litigation, pursuant to Government Code
Section 54956.9(a) City of Huntington Beach v. Huntington Beach Police Officers
Association, et al. Case Number SACV 01-1125 JVS (AN x) United States District Court,
Central District of California. The City Attorney stated ttlat a status report was provided
and that the United States District Court has accepted the defendants offer of good faith
settlement on essentially all points. The order confirming the settlement is presently
pending before the United States District Court and it is anticipated that it will be signed.
As for the remaining claim against the City, as a part of the terms and conditions of the
settlement, the City will now be indemnified and defended by the City of Huntington
Beach through its City Attorney's Office. The City Council unanimously authorized the
signing of a Substitution of Attorneys and Authorization for Joint Representation. He
stated that he believes the City's participation in this litigation will be virtually at an end.
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.
Dan Pressburg, City of Long Beach, spoke regarding the 9th Annual Long Beach
Veterans Day Parade on Saturday, November 5,2005, at 10:00 a.m.
Vickie Talley, Executive Director, Manufactured Housing Educational Trust, spoke
regarding the Mobile Home Rental Assistance Program.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY T.HE CITY COUNCIL).
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
Item NO.1: PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT
NO. 2005-01, A REQUEST TO AMEND SECTION 2.07.030 OF THE CYPRESS
ZONING CODE TO ALLOW AMBULANCE SERVICES SUBJECT TO A
CONDITIONAL USE PERMIT WITHIN THE BP BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
Mayor Pro Tem Sondhi asked if this would be a physical building where ambulances
would be dispatched from.
The Associate Planner stated there would be a dispatch area and base for two full-time
24 hour ambulances.
The public hearing was opened.
The applicant, Kevin Meek, Field Supervisor, Medix Ambulance Service, stated that
prior to the current contract, there was not a mandated requirement that the
ambulances be physically housed within the City limits. They had been operating from
their station at Katella and Noel, which is in the City of Los Alamitos.
Council Member Luebben stated he was concerned about the traffic flow of
ambulances on Walker Street.
Mr. Meek stated the location is directly adjacent to the driveway on Progress so the
majority of the time ambulances will be leaving from the driveway to Cerritos.
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 seconded by Mayor Pro Tem Sondhi, that
the City Council: 1) Determine ambulance services to be consistent with the uses
permitted within the BP Business Park Zone, subject to a residential separation
requirement of one hundred feet (100') and approval of a conditional use permit; and 2)
Introduce for first reading the Ordinance to be considered by title only and to waive
further reading, adopting Zoning Ordinance Amendment No. 2005-01 to add ambulance
service uses to the uses permitted within the BP Business Park Zone.
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
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING ZONING ORDINANCE AMENDMENT NO. 2005-01 TO ADD
AMBULANCE SERVICE USES TO THE USES PERMITTED WITHIN THE
BP BUSINESS PARK ZONE.
Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2005-20, A REQUEST TO UPGRADE THE ALCOHOLIC BEVERAGE CONTROL
(ABC) LICENSE FROM OFF-SALE BEER AND WINE TO OFF-SALE GENERAL
LIQUOR AT AN EXISTING CONVENIENCE MARKET LOCATED AT 4502 LINCOLN
AVENUE IN THE PC PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
Council Member Luebben asked for clarification regarding the definition of "undue
concentration" and the differences between beer and wine and hard liquor licenses.
Council Member Seymore asked if ABC found this upgrade to oversaturate the area.
The Associate Planner stated that based upon the number of licenses in a census tract,
this does not provide any additional concentration to the area.
The public hearing was opened.
The applicant, Samia Aziz, R&S One Stop Market, stated they are requesting the
upgrade based upon customer request.
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 Seymore stated that while it has not been a police problem so far, he
feels it could become a problem in the future.
Mayor Pro Tem Sondhi stated that conditions are written into the permit that if there
should be problems, the City has recourse.
It was moved by Mayor Pro Tem Sondhi and seconded by Council Member McCoy, that
the City Council adopt the Resolution by title only, approving Conditional Use Permit
No. 2005-20 - with conditions.
The motion was carried by the following roll call vote:
AYES: 4
NOES: 1
ABSENT: 0
COUNCIL MEMBERS: Luebben, McCoy, Sondhi and McGill
COUNCIL MEMBERS: Seymore
COUNCIL MEMBERS: None
RESOLUTION NO. 5901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2005-20
- WITH CONDITIONS.
Item NO.3: PUBLIC HEARING REGARDING THE PERIODIC REVIEW AND
AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-1, INVOLVING AN
AESTHETIC UP-GRADE TO AN EXISTING TELECOMMUNICATIONS ANTENNA
FACILITY LOCATED AT 5285 CYPRESS STREET IN THE PC PLANNED
COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Mayor Pro Tem Sondhi asked for clarification on the distinction between the proposed
tower and why other alternatives might not be possible.
The Associate Planner stated that when looking at retrofitting an existing antenna, the
major stumbling blocks are the footings for the existing structure and the amount of
money that has been expended in the initial facility. Staff looks at the technology and
designs available and applies them to the current facility.
Council Member McCoy asked about the City's lease with Global Signal.
The Assistant City Manager stated that the lease has been in place for a number of
years with five year automatic renewal terms. He stated that these are typically long-
term leases with automatic renewal periods.
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
The City Attorney stated that the original lease was executed in 1997 with the original
term of the lease being five years with an automatic E~xtension of five years and then
annually for an additional one year period. The lease can be terminated by either party
on a default which is not cured within 60 days or if the lessee fails to maintain a license
or applicable permit to operate the facility as a communication facility or disciplinary
action by the FCC.
The public hearing was opened.
The applicant, Michael Baty, Real Estate Manager, Global Signal, stated that earlier this
year, Global Signal purchased tower assets from Sprint. He stated they are a tower
management company.
Council Member Luebben asked for clarification regarding the terms of renewal for the
cell tower lease and asked the applicant about looking into replacing this tower with a
stealth-type tower.
Council Member Seymore asked if the review periool should remain at three years
rather than five years because of constantly changing tE!chnology.
Mr. Baty stated he would be comfortable in keeping the review at three years.
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.
Mayor McGill stated that he appreciates the review in order to update and reduce the
facility in size and scale.
Council Member McCoy stated that he would like the review period changed back to
three years and would like language added that would head toward a more stealth
mode to hide the tower.
The City Attorney recommended the following langua~le: "Conditional Use Permit No.
96-1 for cellulars, pc's or other wireless antenna shall be reviewed at least every three
years by the City Council with the goal of moving this tower technology to a full stealth
technology by the next three year review."
It was moved by Council Member McCoy and seconded by Council Member Luebben,
that the City Council adopt the Resolution by title only, approving an amendment to
Conditional Use Permit No. 96-1, reducing the scale of the existing antenna array - with
additional conditions, as amended.
The motion was unanimously carried by the following rolll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 96-1 - REDUCING THE SCALE OF THE EXISTING ANTENNA
ARRAY - WITH ADDITIONAL CONDITIONS.
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
Item NO.4: PUBLIC HEARING REGARDING REVIEW OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FISCAL YEAR 2006-
2007.
The Redevelopment Project Manager provided background information on this item.
The public hearing was opened.
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.
Mayor Pro Tem Sondhi commended staff for working with the County to be more
effective in the competitive process and putting together excellent applications.
It was moved by Council Member Luebben and seconded by Council Member
Seymore, that the City Council: 1) Hold a public hearing to review the list of projects
proposed for Community Development Block Grant (CDBG) funding for Fiscal Year
2006-2007 and allow for citizen input regarding project proposals; and 2) Adopt the
Resolution by title only, title as follows, approving the City's participation in the Fiscal
Year 2006-2007 Community Development Block Grant Program with the County of
Orange, and authorize the Mayor to sign the grant requHst on behalf of the Cypress City
Council.
The motion was unanimously carried by the following roll I call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR
2006-2007 HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE.
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 lJY 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.5 through 12.
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.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
SEPTEMBER 26.2005.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 26, 2005, as submitted.
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
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 WEEK OF OCTOBER 21-28, 2005, AS "RED
RIBBON WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of
October 21-28,2005, as "Red Ribbon Week" in the City of Cypress.
Item NO.8: AWARD OF CONTRACT FOR THE INSTALLATION OF
CONDUIT/CABLE FOR CCTV PURPOSES AND THE PURCHASE OF CCTV
CAMERAS/EQUIPMENT, PUBLIC WORKS PROJECT INO. 2004-29.
Recommendation: That the City Council: 1) Award a contract for Public Works Project
No. 2004-29 for the Installation of Conduit/Cable for CCTV Purposes, in the amount of
$97,287.50, to Republic Electric, Novato, California; and 2) Authorize a contingency of
$9,728 (10% of the bid amount) and direct the Director of Public Works/City Engineer to
issue any necessary change orders to complete additional work within budgetary
authority; and 3) Find, in light of the circumstances applicable to the purchase and
installation of the CCTV cameras and associated equipment, it is in the best interests of
the City to do away with formal bidding as allowed under the Cypress City Code (Sec.
21A-17); and 4) Award a contract for the purchase and installation of the CCTV
cameras and associated equipment for Public Works Project No. 2004-29 to
Synchronex, Santa Ana, California, in the amount of $8~),990.
Item NO.9: AWARD OF CONTRACT FOR PROGRAM MANAGEMENT SERVICES
FOR THE REMODEL, EXPANSION, AND MODERNIZATION OF THE CYPRESS
COMMUNITY CENTER.
Recommendation: That the City Council award a Professional Services Agreement for
Program Management Services for the Remodel, Expansion, and Modernization of the
Cypress Community Center, to Griffin Structures, Inc., 385 Second Street, Laguna
Beach, California 92651, in the amount of $202,950, and direct the Director of Public
Works/City Engineer to act as a Contract Officer.
Item No. 10: ACCEPTANCE OF REPLACEMENT OF SENIOR CENTER CARPET,
PUBLIC WORKS PROJECT NO. 2005-06.
Recommendation: That the City Council: 1) Accept the project for Replacement of
Senior Center Carpet, Public Works Project No. 2005-06, as being satisfactorily
completed in substantial conformance with the project specifications, in the final amount
of $55,418.48; and 2) Approve the final retention payment of $5,541.85 to Spectra
Contract Flooring, 8320 Camino Santa Fe, San Diego, California 92121, thirty-five (35)
days after the Notice of Completion is filed, if no claims or objections have been filed;
and 3) Authorize the City Clerk to release the Labor and Materials Bond and the
Faithful Performance Bond upon expiration of the required lien period, if no claims or
objections have been filed, upon concurrence of the Director of Public Works.
Item No. 11: ADOPTION OF A RESOLUTION ESTABLISHING COMPENSATION
AND AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING
THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF BUILDING
SERVICES TECHNICIAN AND ESTABLISHING THE CLASSIFICATION
SPECIFICATION FOR THE POSITION OF ADMINISTRATIVE CLERK/COMMUNITY
DEVELOPMENT.
Recommendation: That the City Council, and acting aB the ex-officio governing Board
of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution
establishing compensation for the classifications of Building Services Technician and
Administrative Clerk/Community Development; and 2) Adopt the class specifications for
the regular full-time positions of Building Services Technician and Administrative
Clerk/Community Development, amending the City's classification plan.
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
RESOLUTION NO. 5904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, ESTABLISHING COMPENSATION
FOR THE CLASSIFICATIONS OF BUILDING SERVICES TECHNICIAN
AND ADMINISTRATIVE CLERK/COMMUNITY DEVELOPMENT.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 72164 THROUGH
72415.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal
Year 2005-06.
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.
Mayor Pro Tem Sondhi:
Attended the League of California Cities Annual Conference in San Francisco.
Council Member Seymore:
Attended a City Disaster Preparedness class. Attended a Make A Wish Foundation
baseball game.
Council Member Luebben:
Attended an O.C. Sanitation District Board meeting. Attended a City Marketing Strategy
meeting. Attended a Casa Youth Shelter fundraiseI'. Attended the League of California
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CITY COUNCIL MINUTES
OCTOBER 10, 2005
Cities Annual Conference in San Francisco. Hosted a meeting of the O.C. Sanitation
District General Manager Performance Oversight Ad Hoc Committee at City Hall.
Participated in the Cypress College Foundation golf tournament.
Mayor McGill:
Attended the PacifiCare Toastmasters Five Year Anniversary. Participated in the
Cypress College Foundation golf tournament and Anaheim YMCA golf tournament.
Attended a Make A Wish Foundation baseball game. He thanked the Cypress Police
Department for their kind donation of time toward this baseball game.
ITEMS FROM CITY MANAGER:
The Public Works Director provided an update on the City Hall remodel project.
The City Manager stated that at 10:00 p.m. this evening on the program "Current Affair"
on Channel 11, the cold case headed by Detective Chris McShane will be broadcast.
ADJOURNMENT: Mayor McGill adjourned the meeting at 8:42 p.m. to Monday,
October 24, 2005, beginning at 5:30 p.m. in the Executive Board Room.
7U~~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
10