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Minutes 2005-10-24 23 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 24, 2005 A regular meeting of the Cypress City Council was called to order at 5:30 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, Assistant City Attorney, Assistant City Manager, Director of Finance and Administrative Smvices, Public Works Director, Recreation and Community Services Director, Police Captain, Assistant City Engineer, Administrative Services Manager, and City Clerk. ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Administrative Services Manager stated the City will be celebrating its 50th Anniversary on July 24, 2006. She stated that instead of one event, staff proposes using some of the existing community-wide events to promote and celebrate the City's Anniversary. She stated that staff is looking for input and further direction on the suggested activities, materials, and promotional items that could be offered, which include items that would be given away and items that could be sold. The Administrative Services Manager reviewed the schedule of community-wide events that are sponsored by the City and/or local organizations. The Administrative Services Manager stated that one idea is to invite former Council Members to attend the July 24, 2006 Council meeting, which is the actual anniversary date of the City. She also discussed an oral history event. Mayor Pro Tem Sondhi suggested the Women's Club, in conjunction with the library and senior citizens groups, for the oral history project. Mayor McGill suggested a history photo montage that could be on the City's website. Council Member Luebben suggested a DVD that would begin at the inception of the City and progress year by year. He also suggested using the City newsletter to encourage community participation and stickers for police and fire vehicles that are visibly noticeable. Mayor Pro Tem Sondhi stated that it is important to be as complete as possible so that we engage the community for good citizen participation. Council Member McCoy suggested 50th Anniversary shirts from the Police Department, special DARE shirts, and commemorative badges. He also discussed opportunities with the various athletic leagues in the City. 24 CITY COUNCIL MINUTES OCTOBER 24, 2005 Mayor Pro Tem Sondhi suggested an artifact display and ongoing competitions involving the community. She provided suggestions for official memorabilia from the City and that the City have an official poster that could be used for banners, decals, and other items. Council Member McCoy suggested placing historical photos throughout City Hall and other City buildings. Mayor McGill asked about archived photos of former Council Members. The Administrative Services Manager provided information on promotional items such as key chains, mugs, pens, pencils and other potential items that could be given away and purchased by the community for the anniversary celebration. Council Member Seymore suggested partnering with community organizations for banners, similar to the Red Ribbon Week banners, to be placed throughout the City. Mayor Pro Tem Sondhi asked for clarification from the Mayor about corporate sponsorships. 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 STAFF PRESENT: City Manager, Assistant City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Public Works Director, Recreation and Community Services Director, Police Captain, Assistant City Engineer, Administrative Services Manager, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by Father Patrick Moses, SI. Irenaeus Catholic Church. 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 had a discussion regarding the City's 50th Anniversary celebration activities. He stated that many excellent ideas were generated by the City Council that staff will review and bring back with cost estimates to the Council. 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. 2 25 CITY COUNCIL MINUTES OCTOBER 24, 2005 Bill Wood, Chair, O.C. Human Relations Committee, spoke regarding their 2004-2005 Annual Report. Violet Chapman, Cypress, spoke regarding Lincoln Center Mobile Home Park. Linda Metzidis, Cypress Masterworks Chorale, spoke rE3garding the "Goin' for Baroque" concert on Saturday, November 5th at 7:30 p.m. and Sunday, November 6th at 4:00 p.m., at the Cypress College Campus Theater. Sam Villavicencia, Cypress, spoke regarding the crosswalk at Nancy Street and Karen Avenue. Ellen Crooks, Cypress, spoke regarding Agenda Item No. 11. Nicole Vanderhurst, Clean Energy Inc., spoke regardinQl natural gas vehicles. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item NO.1: CONTINUATION OF PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-19. A REQUEST TO CONSTRUCT A PARKING LOT AREA ON THE UNION PACIFIC RAILROAD PROPERTY LOCATED SOUTH OF VESSELS CIRCLE AND WEST OF WALKER STREET IN THE PS PUBLIC & SEMI-PUBLIC ZONE TO PROVIDE BOTH PUBLIC AND SHARED PARKING FOR 10801 WALKER STREET WITHIN THE PBP PLANNED BUSINESS PARK ZONE. The Associate Planner provided background information on this item. Council Member Seymore asked about the size and maturity of the trees to be removed and if there was any way they could be transplanted. The Associate Planner stated that approximately 11 of the 18 trees to be removed are larger eucalyptus trees and the remaining are bottle brush trees. He stated that the eucalyptus trees are too large to be replanted. Mayor Pro Tem Sondhi asked for clarification on the na.ture of the original request for a differing kind of usage that some of the buildings are now taking and therefore require a higher rate of parking per square footage of the actual business unit. The public hearing was opened. The applicant, David Myrice, Cypress Corporate Center, stated that with the redesign of the project, the number of parking spaces has been reduced. They are sympathetic to the loss of trees and are willing to concede in the loss 01' parking spaces. 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. Mary Crowder, Cypress, spoke in opposition to the project. The public hearing was closed. Mayor McGill stated that he had some serious concerns about the original application, however, it appears a good compromise has been achie,ved. Council Member Luebben thanked the applicant and staff for working together very diligently on making this a good project. 3 26 CITY COUNCIL MINUTES OCTOBER 24, 2005 Council Member McCoy expressed his concerns about removing mature trees in order to park cars when there is already 400 parking spaces at the race track, He feels that there should be a one to one switch with the trees with a 36 inch box replacement. Mayor Pro Tem Sondhi asked for clarification on the viability of trees that are larger and length of time for trees to grow, and expressed her concerns over losing this visual green space. The Assistant City Manager stated that the 400 parking spaces at the race track are not lit nor are they in proximity to the building. The parking is to accommodate PacifiCare and the other building tenants, but also to provide long-term adequate parking adjacent to their existing parking lot to maintain tenants in the building. Mayor Pro Tem Sondhi asked why the additional parking is necessary if it meets the current parking standard for office buildings in our community. The Assistant City Manager stated that it is his belief that prior to PacifiCare's occupancy, there was not a parking shortage associated with this building. Council Member Luebben commented on the number of eucalyptus trees already on the site and that every tree removed will be replaced with another tree. It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2005-19, with conditions. The motion was carried by the following roll call vote: AYES: 3 NOES: 2 ABSENT: 0 COUNCIL MEMBERS: Luebben, Seymore and McGill COUNCIL MEMBERS: McCoy and Sondhi COUNCIL MEMBERS: None RESOLUTION NO. 5905 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-19 - 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. Mayor McGill requested that Item NO.4 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.2, 3, and 5 through 9. 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 OCTOBER 10, 2005. Recommendation: That the City Council approve the Minutes of the Meeting of October 10, 2005, as amended. 4 27 CITY COUNCIL MINUTES OCTOBER 24, 2005 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.5: ADOPTION OF AMENDMENT NO. 11 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Recommendation: That the City Council approve Amendment No. 11 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said Agreement. Item NO.6: REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF HERMOSA BEACH. Recommendation: That the City Council authorize the inclusion of the City of Cypress in an Amicus Brief in support of the City of Hermosa Beach in the case entitled Macpherson Oil Company v. City of Hermosa Beach, Case No. B174240 (Appeal from the decision of the Los Angeles County Superior Court in Case No. BC172546). Item NO.7: ACCEPTANCE OF RESIDENTIAL SLURRY SEAL, PUBLIC WORKS PROJECT NO. 2005-16. Recommendation: That the City Council: 1) Accept the Residential Street Slurry Seal, Public Works Project No. 2005-16, as being satisfactorily completed in substantial conformance with the project specifications, in the amount of $185,465.90; and 2) Approve the final retention payment of $18,546.59 to Pavement Coatings Company, P.O. Box 1491, Cypress, CA 90630, 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.8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2005. Recommendation: That the City Council receive and file the Investment Report for the month of September, 2005. Item NO.9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARlRANTS NO. 72416 THROUGH 72574. Recommendation: Approve the attached warrant register and wire transfers for fiscal year 2005-06. Reqardinq Item NO.4: TRIMMING SERVICES, trimming. AWARD OF CONTRACT FOR MULTI-YEAR TREE Mayor McGill asked about the cycle requirements for tree The Public Works Director stated that there are certain palm tree species, as well as other species, that are trimmed on an annual basis. This amounts to approximately $30,000 spent annually trimming palm trees. The goal for the remaining trees is trimming every three years, if it is needed. Council Member Luebben commented on the efficiency and effectiveness by City staff in directing the tree trimming and asked for information of the City's bid process. The Public Works Director provided information on the bidding process. Mayor Pro Tem Sondhi asked about the assessment of the integrity of the work of the contractors who submitted bids. 5 28 CITY COUNCIL MINUTES OCTOBER 24, 2005 The Public Works Director stated that the City used the Capital Projects form on this contract. It was moved by Council Member luebben and seconded by Council Member McCoy, that the City Council award a unit price/maintenance services contract for street tree trimming to Great Scott Tree Service, Inc. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCllMEMBERS: luebben, McCoy, Seymore, Sondhi and McGill COUNCllMEMBERS: None COUNCllMEMBERS: None END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 10: SECOND READING OF AN ORDINANCE ADOPTING ZONING ORDINANCE AMENDMENT NO. 2005-01, A REQUEST TO ADD AMBULANCE SERVICES TO THE LIST OF PERMITTED USES WITHIN THE BP BUSINESS PARK ZONE SUBJECT TO A 100 FOOT RESIDENTIAL SEPARATION AND APPROVAL OF A CONDITIONAL USE PERMIT. The Associate Planner provided background information on this item. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member McCoy, that the City Council approve the second reading of the Ordinance by title only, 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 COUNCllMEMBERS: luebben, McCoy, Seymore, Sondhi and McGill NOES: 0 COUNCllMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORDINANCE NO. 1070 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. UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No. 11: A REQUEST TO ADD BINGO GAME OPERATIONS TO THE USES PERMITTED WITHIN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE SUBJECT TO A CONDITIONAL USE PERMIT. The Associate Planner provided background information on this item. Council Member Luebben asked if a temporary use permit for a limited duration could be Issued The Associate Planner stated that a limit can be placed on a conditional use permit and the City can also require an annual or semi-annual review. 6 29 CITY COUNCIL MINUTES OCTOBER 24, 2005 Mayor Pro Tem Sondhi asked about parking at the site and anticipated parking needs for this usage. The Associate Planner stated that there are currently 145 parking spaces and based on the square footage of the lease space, there would b,e a requirement for 70 parking spaces for the bingo use. Council Member McCoy inquired about utilizing Cypress school sites for bingo once construction is completed and about the non-profit organization Little House Shelter. The applicant, Ellen Crooks, stated that Little House Shlelter is combined with the Blues Society, which is a non-profit band that teaches music at schools. She stated that both organizations serve the City. Council Member Luebben asked about expenses that are incurred. Ms. Crooks stated that everything is volunteer except for security, cleaning, bingo supplies, rent, utilities, and insurance. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Seymore, that the City Council: 1) Determine that bingo game operations are consistence with the uses permitted within the PC-1 Planned Community Business Park Zone, subject to a conditional use permit and; 2) Adopt the Resolution by title only, adding bingo uses to the list of conditionally permitted uses within the PC-1 Planned Community Business Park Zone. 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. 5906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADDING BINGO GAME OPERATIONS TO THE LIIST OF CONDITIONALLY PERMITTED USES WITHIN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Item No. 12: APPROVAL OF PLANS AND SPECIFICATIONS TO SOLICIT BIDS FOR THE IMPROVEMENT OF WEST SIDE OF MOODY STREET, BETWEEN CAMP STREET AND BISHOP STREET, PUBLIC WORKS PROJECT NO. 2003-48. The Assistant City Engineer provided background information on this item. Mayor Pro Tem Sondhi asked for clarification on the scope of the project. Council Member Luebben asked for clarification on what the $98,000 cost includes. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council: 1) Approve the plans and specifications for Improvement of West Side of Moody Street, between Camp Street and Bishop Street, Public Works Project No. 2003-48; and 2) Authorize staff to advertise the project for bid. The motion was unanimously carried by the following rolll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sandhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None 7 30 CITY COUNCIL MINUTES OCTOBER 24, 2005 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. The following spoke regarding their attendance at the Council meeting for a school civics project: Melissa Canatsey, Pacifica High School Jasmine Ochoa, Pacifica High School Elizabeth Stevens, Pacifica High School Nicole Torres, Pacifica High School Marielle Cortes, CSU Fullerton ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Mayor Pro Tem Sondhi: Attended the Red Ribbon Week kickoff breakfast. Council Member Seymore: Attended an O.C. Transportation Authority VIP reception. Attended the Cypress Police Department Volunteer Appreciation luncheon. Attended the O.C. Police Canine Association benefit show. Attended an O.C. Transportation Authority Super M Committee meeting. Attended the Red Ribbon Week kickoff breakfast. Council Member Luebben: Attended an O.C. Sanitation District Finance, Administration, and Human Resources Committee meeting. Attended the Cypress Police Department Volunteer Appreciation luncheon. Hosted an O.C. Sanitation District Ad Hoc Committee meeting. Mayor McGill: Attended the Cypress Police Department Volunteer Appreciation luncheon. Attended the Korean Festival in Garden Grove. Attended the City of La Palma 50th Anniversary celebration. Attended the Red Ribbon Week kickoff breakfast. Participated in the O.C. MADD walkathon. Attended an Eagle Court of Honor ceremony. Attended a DARE ice cream social at Swain Elementary School. ITEMS FROM CITY MANAGER: The City Manager asked the Assistant City Engineer to provide a visual overview of the City Hall construction over the last two weeks. The City Manager read an email from a Cypress resident thanking staff for the parkway maintenance in the College Park area. The City Manager explained the history of why Red Ribbon Week was established. 8 31 CITY COUNCIL MINUTES OCTOBER 24, 2005 ADJOURNMENT: Mayor McGill adjourned the meeting at 8:47 p.m. to Monday, November 14, 2005, beginning at 5:30 p.m. in the Executive Board Room. rYU. /~ MAYOR OF THE CITY OF CYPRESS 9