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Minutes 2005-12-12 50 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 12, 2005 A regular meeting of the Cypress City Council was callEld 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 Services, Chief of Police, Public Works Director, Police Captain, Assistant Community Development Director, Administrative Services Manager, Building Official, Finance Manager, Associate Planner, City Clerk, and Deputy City Clerk. ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Assistant City Manager stated that development fees are for processing and reviewing development applications. He stated that all of the development fees are processed and administered through the Planning, Building, and Engineering Services Divisions. He stated that the purpose of development fees is to recover the City's cost of service and that City fees have not been adjusted since 1991. A staff review team was formed to review all of the development fees and determined that the City is no longer recovering its costs and therefore, subsidizing servic€!s, that flat fees are problematic when trying to recover costs, and some fees are now obsolete and others are now required. The Assistant City Manager stated that the staff rElview team made the following recommendations: 1) Adjust fees to reflect actual costs; 2) Where practical, convert flat fees to minimum fee/actual cost format; 3) Delete obsolete fees; and 4) Create new fees to reflect current services. He stated that each division was approached separately for a cost analysis, and provided information and recommendations on each division. The Assistant City Manager stated that the benefits of the proposed adjustment are: 1) Fees would be based on actual cost without taxpayer subsidy; 2) Fees would be automatically adjusted and therefore remain current; and 3) Cost recovery provides approximately $200,000 to $250,000 in General Fund revenues. Council Member Luebben stated that he was pleased to see such a thorough job of benchmarking with other cities and current code uses. He stated that he would also like to see the City enact a mandatory fee evaluation to make sure the City is being made whole rather than creating subsidies. Mayor Pro Tem Sondhi asked about the hourly figure assessment for each functional activity. CITY COUNCIL MINUTES 51 DECEMBER 12, 2005 The City Manager stated that most cities have a master fee schedule that is adopted by the City Council that is adjusted by inflation each year to ensure that fees are being recovered. It is his goal for Cypress to have a master fee schedule. The Director of Finance and Administrative Services stated that these fees are actual costs and therefore each year as the budget is produced, staff will be able to establish a new hourly rate for those positions that are involved with these fees. Mayor Pro Tem Sondhi asked for clarification on the estimated increased General Fund revenue amounts. Council Member McCoy asked how the fee structure compared to surrounding cities. The Assistant City Manager stated that Cypress ranked either the lowest or near the bottom in fee recovery based upon a survey conducted by Willdan Associates. The new structure is more than competitive compared to neighboring cities. Council Member Luebben stated that there are opportunities for the City to use other organizations rate information when evaluating fees, such as the Internal Revenue Service study for employee mileage reimbursement. 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 7:05 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 Services, Chief of Police, Public Works Director, Police Captain, Assistant Community Development Director, Administrative Services Manager, Recreation and Community Services Superintendent, Associate Planner, City Clerk, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by United States Air Force Auxiliary Civil Air Patrol, Fullerton Composite Squadron 56. INVOCATION: The invocation was given by Father Patrick Moses, St. Irenaeus Catholic Church. Mayor McGill spoke regarding the accomplishments of the City during the past year. He presented a Certificate of Appreciation and flowers to his wife, Nanette, and a Certificate of Appreciation to George O'Hara, Farmers Insurance. CITY COUNCIL REORGANIZATION: The City Clerk opened the nominations for Mayor. Mayor McGill nominated and Council Member Seymore seconded the motion, to nominate Mayor Pro Tem Sondhi for the office of Mayor. It was moved by Council Member McCoy and seconded by Council Member Seymore, to close the nominations. 2 52 CITY COUNCIL MINUTES DECEMBER 12, 2005 Mayor Pro Tem Sondhi was unanimously elected MayOlr by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, McGill, Seymore and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None Mayor Sondhi spoke regarding goals for the upcoming ~ear and asked the community to become more engaged especially during the City's 50 Anniversary. Mayor Sondhi then asked for nominations for the office of Mayor Pro Tem. Council Member McCoy nominated and Council Member McGill seconded the motion, to nominate Council Member Luebben for the office of Mayor Pro Tem. It was moved by Council Member McCoy and seconded by Council Member McGill, to close the nominations. Council Member Luebben was unanimously elected Mayor Pro Tem by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None Mayor Pro Tem Luebben thanked his fellow Council Members and the community for allowing him to serve on the City Council. PRESENTATIONS: Mayor Sondhi presented outgoing Mayor McGill with a plaque and thanked him for his service and leadership as Mayor. The meeting was recessed at 7:35 p.m. The meeting was reconvened at 7:48 p.m. 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 fees for services related to Planning, Building, and Public Works were discussed. He stated that staff will be bringing back for future consideration continued discussion of this item for possible adoption. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Don Seward, Cypress, spoke regarding holiday wording on the City Council Chamber. 3 CITY COUNCIL MINUTES 53 DECEMBER 12, 2005 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. 2005-22, A REQUEST TO ESTABLISH A BINGO GAMING OPERATION WITHIN AN EXISTING OFFICE BUILDING LOCATED AT 6415 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. He stated that in response to the public notice sent for this item, staff did receive one response from the property owner to the east of the project site requesting a continuance of this item. Council Member McGill asked about the notice that was provided to the property owners and the parking for the bingo operation. The Associate Planner stated that the standard ten day public hearing notice was provided and it was verified that a public hearing notice was provided to that property owner. He stated there are 152 parking spaces and the bingo operation has anticipated to occupy approximately 125 parking spaces with a worst case scenario of up to 150 parking spaces. A parking study was done on a Sunday, which is their busiest day of the week, and a total of 125 cars were counted. The public hearing was opened. The applicant, Ellen Crooks, Cypress High School Athletic Boosters, thanked staff for their assistance and stated that they have complied with all of the City's requests. She stated that they must leave their current location by mid.-January and they cannot afford to close down if the item is continued. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. The following spoke in favor of the bingo operation: Peggy Shaw, Cypress Karen Frank-Johnson, Girls Athletic Director, Cypress High School Carolyn Coates, Cypress Carlos Jimenez, Cypress Anna Poynter, Cypress James Lay, Buena Park Mary Crowder, Cypress Joe Saldana, Assistant Principal, Cypress High School Mayor Sondhi asked if there was anyone who wished to speak against the item. The following spoke in opposition: Paul Anderson, JMBM Dave Cook, Santa Clarita Ms. Crooks stated that they currently share parking with the church located next door, which may have been included in the parking count, and that many of the bingo participants are dropped off. Mayor Pro Tem Luebben asked about the organizations that benefit from the bingo operation. Ms. Crooks stated that six organizations benefit from bingo: Los Alamitos High School Choir, Oxford Academy, Los Alamitos Band, The Blues Society and Little House Women' Shelter, Cypress High School Band, and Cypress High School Athletics. She stated that each group averages $60,000 to $100,000 a year in fundraising. Expenses are incurred including rent, security, insurance, and utilities. 4 54 CITY COUNCIL MINUTES DECEMBER 12, 2005 The public hearing was closed. Mayor Sondhi asked for clarification regarding total parking on the whole site. The Associate Planner stated that the entire site includes 152 parking spaces on the left side and 174 on the right side of the property. He stated that there is a shared reciprocal access and pedestrian easement access agreement but not a shared parking agreement. Council Member Seymore asked about parking by the current tenant versus the number of spaces available and inquired about operating hours of the current business. Council Member McGill asked for clarification about comments made in Mr. Anderson's letter. Mayor Pro Tem Luebben stated that he is supportive of the Boosters and fundraising but is unsure if a bingo operation is the best use for this location. Mayor Sondhi asked for clarification on parking and the potential loitering prior to and after bingo operations. The Assistant Community Development Director stated that the Police Department has conditions dealing with operational issues and that staff has been direct with the applicant on expectations in terms of conduct and external impacts. It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2005-22 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 591~! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-22 - WITH CONDITIONS. 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 by one motion approving the recommendations listed on the Agenda. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McCoy, to approve Consent Calendar Items No.2 through 12. The motion was unanimously carried by the following roU call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: None Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 28. 2005. Recommendation: That the City Council approve the Minutes of the Meeting of November 28, 2005, as submitted. 5 55 CITY COUNCIL MINUTES DECEMBER 12, 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.4: AWARD OF CONTRACT TO REPLACE ONE (1) POLICE VEHICLE. Recommendation: That the City Council: 1) Appropriate $30,000 to account number 4376-90-659-39 from the Equipment Replacement Fund, for the purchase of one (1) unmarked police vehicle, associated replacement equipment and/or transfer of existing equipment; and 2) Approve the transfer of $2,513 from the City's General Fund (2200- 11) to the City's Equipment Replacement Fund (1200-.90) for the purchase of one (1) unmarked police vehicle, replacement equipment and/or transfer of existing equipment; and 3) Award a contract to purchase one (1) 2006 Ford 500, four door sedan from Wondries Fleet Division, 1247 West Main Street, Alhambra, California 91803, in the amount of $28,546. Item No.5: AWARD OF CONTRACT FOR THE IMPROVEMENT OF WEST SIDE OF MOODY STREET. BETWEEN CAMP STREET AND BISHOP STREET. SOUTH OF LINCOLN AVENUE. PUBLIC WORKS PROJECT NO. 2003-48. Recommendation: That the City Council: 1) Award a contract for Public Works Project No. 2003-48, Improvement of West Side of Moody Street, between Camp Street and Bishop Street, south of Lincoln Avenue, in the amount of $86,000, to the lowest responsible bidder, Nobest Inc., Westminster, California; and 2) Authorize a contingency of $8,600 (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. Item NO.6: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30. 2005. Recommendation: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2005. Item NO.7: ACCEPTANCE OF THE AUDIT LETTER. THE AUDITOR'S RECOMMENDATIONS TO MANAGEMENT. AND STAFF'S RESPONSE TO THE AUDITOR'S RECOMMENDATIONS TO MANAGEMENT FOR THE FISCAL YEAR ENDED JUNE 30. 2005. Recommendation: That the City Council receive and file the Audit Letter, the Auditor's Recommendations to Management, and Staff's Response to the Auditor's Recommendations to Management. Item No.8: ACCEPTANCE OF COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30.2005. Recommendation: That the City Council receive and file the Comprehensive Annual Financial Report of the City of Cypress for the Fiscal Year Ended June 30,2005. Item NO.9: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30. 2006. Recommendation: That the City Council receive and file the report on Agreed-Upon Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year Ending June 30, 2006, Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 72989 THROUGH 73233. Recommendation: Approve the attached warrant register and wire transfers. 6 56 CITY COUNCIL MINUTES DECEMBER 12, 2005 Recreation & Park District Matters: Item No. 11: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR ENDED JUNE 30, 2005. Recommendation: That the City Council, acting as th€' ex-officio Board of Directors of the Cypress Recreation and Park District, receive and file the Component Unit Financial Report of the Cypress Recreation and Park District for the Fiscal Year Ended June 30, 2005. Item No. 12: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30. 2006. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, receive and file the report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit for the Fiscal Year Ending June 30,2006. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 13: SECOND READING OF AN ORDINANCE OF THE CITY OF CYPRESS TO EXPAND CHAPTER 6 OF THE CITY CODE BY ADDING SECTIONS 6-32 THROUGH 6-50 ENTITLED THE CITY'S "2005 CABLE SYSTEM REGULATORY ORDINANCE." The Administrative Services Manager provided background information on this item. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Luebben, that the City Council approve the second reading of the Ordinance by title only, expanding Chapter 6 of the Code of the City of Cypress by adding Sections 6-32 through 6-50 to be entitled "2005 Cable System Regulatory Ordinance." The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORDINANCE NO.1 071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EXPANDING CHAPTER 6 OF THE CODE OF THE CITY OF CYPRESS BY ADDING SECTIONS 6-32 THROUGH 6-S0 TO BE ENTITLED "2005 CABLE SYSTEM REGULATORY ORDINANCE." UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No. 14: APPOINTMENTS OF CITY COUNCIL. MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES. The following appointments were discussed by the City Council: Orange County Sanitation District Phil Luebben - Representative Lydia Sondhi - Alternate 7 CITY COUNCIL MINUTES 57 DECEMBER 12, 2005 League of California Cities Orange County Division Lydia Sondhi - Representative Phil Luebben - Alternate Santa Ana River Flood Protection Agency Todd Seymore - Representative Mike McGill - Alternate Southern California Association of Governments Lydia Sondhi - Representative Todd Seymore - Alternate City/Cypress School District Joint Steering Committee Frank McCoy Phil Luebben Growth Management Area NO.2 (Measure M) Todd Seymore - Representative Phil Luebben - Alternate Orange County Fire Authority Mike McGill - Representative Todd Seymore - Alternate League of California Cities Legislative Delegate Program Lydia Sondhi - Representative Phil Luebben - Alternate Orange County Library Advisory Board Phil Luebben - Representative Frank McCoy - Alternate Joint Communications Center Executive Board Todd Seymore - Representative Phil Luebben - Alternate Orange County Council of Governments Lydia Sondhi - Representative Phil Luebben - Alternate OCTA West Cities Rail Study Policy Committee Todd Seymore - Representative Orange County Housing & Community Development Committee Lydia Sondhi (elected by League) State League Housing Community & Economic Development Policy Committee Lydia Sondhi (appointed by League) State League Transportation, Communication & Public Works Policy Committee Phil Luebben (appointed by League) Orange County League of California Cities Advocacy Committee Phil Luebben (elected by League) Orange County Sanitation District CIP Oversight Ad Hoc Committee Phil Luebben (appointed by District) Phil Luebben (appointed by District) Orange County Sanitation District Legal Services Ad Hoc Committee It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council confirm the Mayor's appointments to the various organizations and committees. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: None 8 58 CITY COUNCIL MINUTES DECEMBER 12, 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. It was moved by Agency Board Member Luebben and seconded by Agency Board Member McCoy, to approve Consent Calendar Item No. 15. Item No. 15: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2006. Recommendation: That the Cypress Redevelopment Agency Board receive and file the Component Unit Financial Report of the Cypress Redevelopment Agency for the Fiscal Year Ended June 30,2005. END OF CONSENT CALENDAR New Business: Item No. 16: ELECTION OF AGENCY CHAIR AND VICE CHAIR. The Agency Secretary opened the nominations for Agency Chair. Agency Board Member Seymore nominated and A,gency Board Member McCoy seconded the motion, to nominate Agency Vice Chair Sondhi for the office of Agency Chair. It was moved by Agency Board Member Seymore and seconded by Agency Board Member McCoy, to close the nominations. Agency Vice Chair Sondhi was unanimously elected Agency Chair by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 AGENCY MEMBERS: Luebben, McCoy, McGill, Seymore and Sondhi AGENCY MEMBERS: None AGENCY MEMBERS: None The Agency Secretary then asked for nominations for thl3 office of Agency Vice Chair. Agency Board Member McCoy nominated and Agency Board Member Seymore seconded the motion, to nominate Agency Board Member Luebben for the office of Agency Vice Chair. It was moved by Agency Board Member Seymore and seconded by Agency Board Member McCoy, to close the nominations. Agency Board Member Luebben was unanimously elected Agency Vice Chair by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 AGENCY MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi AGENCY MEMBERS: None AGENCY MEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agemda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. 9 59 CITY COUNCIL MINUTES DECEMBER 12, 2005 Council Member McGill: Council Member McGill reported on his attendance and involvement in various community events and activities. Spoke regarding letter received from O.C. Vector Control regarding increased retirement benefits. Spoke regarding letter received from Mayor of Costa Mesa regarding immigration and customs enforcement. Asked the Chief of Police about any impact immigration has had on the City of Cypress. The Chief of Police stated that observations and evidence show the City does not have a problem with illegal immigrants being involved in crime per se in Cypress. The City also does not have any day laborer issues. Council Member Sevmore: Council Member Seymore reported on his attendance and involvement in various community events and activities. Mavor Pro Tem Luebben: Attended an O.C. Sanitation District Legal Services Ad Hoc Committee meeting where law firm finalists were interviewed for selection as General Counsel Services. Mayor Pro Tem Luebben reported on his attendance and involvement in various community events and activities. Mavor Sondhi: Thanked staff for their efforts at the Holiday Sing. Attended a Housing and Community Development Committee meeting where Section 8 vouchers were discussed. Mayor Sondhi reported on her attendance and involvement in various community events and activities. Mayor Sondhi asked for direction from the City Council regarding the letter from Vector Control. Mayor Pro Tem Luebben stated that he feels this item should be agendized for further discussion and to provide the City's appointed representative guidance on some of the financial issues. It was the consensus of the City Council to agendize this item for discussion at a meeting in the near future. Mayor Sondhi asked for direction from the City Council regarding the letter from the City of Costa Mesa on the Memorandum of Understanding with Immigration and Customs Enforcement requesting letter of support from the City of Cypress. Council Member McGill stated that the Mayor of Costa Mesa asked him to put forth some form of letter of support for their efforts on this federal issue. Mayor Pro Tem Luebben stated that he requested the staff report package from the City of Costa Mesa and has provided each Council Member with a copy of that information. He requested that discussion of this topic be agendized for the next available Council meeting. It was the consensus of the City Council to agendize this item for discussion in January. ITEMS FROM CITY MANAGER: The City Manager asked the Public Works Director to provide a visual overview of the City Hall construction over the last two weeks. 10 60 CITY COUNCIL MINUTES DECEMBER 12, 2005 The Assistant Community Development Director provided an update on the monument sign installation. ADJOURNMENT: Mayor Sondhi adjourned the meHting at 9:52 p.m. to Monday, January 9, 2006, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 4~~ F THE CITY OF CYPRESS 11