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Minutes 2006-02-27 I I I - 89 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 27, 2006 A regular meeting of the Cypress City Council was called to order at 7:03 p.m. by Mayor Sondhi in the Council Chamber, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy (arrived at 7:06 p.m.) Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Others present: City Manager David Norman City Attorney William Wynder Assistant City Manager David Belmer Chief of Police Rick Hicks Director of Finance and Administrative Services Richard Storey Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Assistant Community Development Director Ted Commerdinger Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Redevelopment Project Manager Steve Clarke Contracts/Environmental Affairs Manager Gonzalo Vasquez Associate Planner Doug Hawkins Associate Planner Kori Nevarez City Clerk Jill Ingram PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Luebben. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. 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. Sami Yakovetic, Cypress, spoke regarding Lincoln Center Mobile Home Park. 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. 2006-01. A REQUEST TO APPROVE AN ON SALE BEER AND WINE LICENSE FOR THE EXISTING TOMATO RESTAURANT LOCATED AT 4450 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE, LINCOLN AVENUE SPECIFIC PLAN AREA. The Associate Planner provided background information on this item. CITY COUNCIL MINUTES FEBRUARY 27, 2006 90 The applicant, Soon Hee Kim, was present. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McGill, that the City Council adopt the Resolution by title only and waive further reading, approving Conditional Use Permit No. 2006-01 - 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. 5919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2006-01 - 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 McGill and seconded by Council Member Seymore, to approve Consent Calendar Items NO.2 through 8. 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 Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 13, 2006. Recommendation: That the City Council approve the Minutes of the Meeting of February 13, 2006, as submitted, with Council Member McGill abstaining due to his absence from the meeting. 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: APPROVAL OF AMENDMENT NO. 1 FOR CONSULTANT SERVICES AGREEMENT FOR DESIGN OF CYPRESS ACRES SIDEWALKS. PUBLIC WORKS PROJECT NO. 2005-14. AND DESIGN OF MOODY STREET IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2005-15. Recommendation: That the City Council: 1) Approve Amendment No. 1 for the Consultant Services Agreement for Design of Cypress Acres Sidewalks, Public Works Project No. 2005-14, and Design of Moody Street Improvements, Public Works Project No. 2005-15, to RBF Consulting, in the amount of $95,748; and 2) Authorize a contingency of $5,000 (5% of amendment amount) and direct the Director of Public 2 - I I I - CITY COUNCIL MINUTES FEBRUARY 27,2006 91 Works/City Engineer to act as Contract Officer for any additional work within budgetary authority. Item NO.5: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR MODIFICATION OF SEWER SYSTEM AT THE INTERSECTION OF CERRITOS AVENUE AND FLORENCE STREET. PUBLIC WORKS PROJECT NO. 2004-07. Recommendation: That the City Council approve the plans and specifications for modification of sewer system at the intersection of Cerritos Avenue and Florence Street, Public Works Project No. 2004-07, and authorize staff to solicit bids for the project. Item NO.6: APPROPRIATION OF ADDITIONAL FUNDING FOR ON-CALL PLAN CHECK. INSPECTION AND ENVIRONMENTAL COMPLIANCE SERVICES FOR STORM WATER QUALITY/NATIONAL POLLUTANT ELIMINATION DISCHARGE SYSTEM (NPDES). Recommendation: That the City Council authorize an appropriation of $45,000 from the Unreserved Fund Balance of the Storm Drain Fund to Account No. 4187-43-281-08 to provide for the continuation of environmental compliances for the balance of fiscal year 2005-2006. Item No.7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2006. Recommendation: That the City Council receive and file the Investment Report for the month of January, 2006. Item NO.8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 74216 THROUGH 74399. Recommendation: Approve the attached warrant register and wire transfers. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No.9: APPLICATION FOR DESIGN REVIEW COMMITTEE PERMIT NO. 2005- 07, A REQUEST TO CONSTRUCT A MEDICAL OFFICE BUILDING LOCATED AT 10601 WALKER STREET IN THE PBP PLANNED BUSINESS PARK ZONE. The Associate Planner provided background information on this item. Council Member McGill asked about the area surrounding the proposed building and the condition of the eucalyptus trees. The Associate Planner stated that many of the trees are suffering from poor condition because of a beetle that is attacking many eucalyptus groves in Southern California. Staff arborists have identified a certain number of trees that need to be removed due to this condition. Mayor Pro Tem Luebben asked about the name of the medical building. 3 CITY COUNCIL MINUTES FEBRUARY 27,2006 92 The Associate Planner stated that it is her understanding it is a partnership name. Mayor Pro Tem Luebben asked about the status of the water well on the property. The Associate Planner stated that staff has documents from the applicant and Los Alamitos Race Track that they are diligently proceeding with the necessary legal paperwork to abandon the well. Council Member Seymore congratulated staff for their work on the project. The applicant, Jennifer Toohey Conrad, was present. Mayor Pro Tem Luebben asked the applicant if the name on the architectural drawings is the planned name for the building and if a condition could be added so that the name does not contain Los Alamitos or any derivation of that name on the building. The Associate Planner stated that it would be taken as Council direction and is confident the applicant will be willing to work with staff on a final approval of the name. Ms. Conrad stated that the name is a partnership name and is the name of the property owner. A name for the building has not been decided yet. Mayor Sondhi expressed her concerns regarding maintenance of the parcel that will remain vacant and asked if it will be visible from the street. The Associate Planner stated that there will still be a direct view from Cerritos Avenue. She stated that staff can contact Ushio to work with them on an upgrade to the landscape. Mayor Sondhi stated that she was pleased about the landscaping on Walker and asked about equivalent landscaping on the portion of the site abutting Cerritos Avenue. The Associate Planner stated that the landscape plan will be submitted to staff as conditioned approximately 60-90 days prior to the Certificate of Occupancy. Staff will fully review the landscape plan for its consistency with the specific plan design guidelines and make sure that it is consistent and compatible with the property on Cerritos. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only and waive further reading, approving Design Review Committee Permit No. 2005-07 - with conditions. 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 RESOLUTION NO. 5920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2005-07 - WITH CONDITIONS. 4 - I I I - CITY COUNCIL MINUTES FEBRUARY 27,2006 93 Item No. 10: ADOPTION OF RESOLUTION APPROVING THE CITY'S DISADVANTAGED BUSINESS ENTERPRISES GOAL AND PROGRAM FOR FEDERAL FISCAL YEAR 2005-2006. The Contracts/Environmental Affairs Manager provided background information on this item. Mayor Pro Luebben asked for clarification regarding goal establishment and potential penalties. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only and waive further reading, adopting a Disadvantaged Business Enterprise Program for all Capital Improvement Projects undertaken by the City of Cypress that will receive United States Department of Transportation funding, and establishing a Disadvantaged Business Enterprise Goal for the federal fiscal year 2005-06. 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 RESOLUTION NO. 5921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR ALL CAPITAL IMPROVEMENT PROJECTS UNDERTAKEN BY THE CITY OF CYPRESS THAT WILL RECEIVE UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING, AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL FOR THE FEDERAL FISCAL YEAR 2005-06. Item No. 11: AUTHORIZE SUBMITTAL OF WORKFORCE HOUSING REWARD GRANT (WFH) PROGRAM APPLICATION. The Redevelopment Project Manager provided background information on this item. Mayor Sondhi asked about geographic location within the City and use of the funds. The Redevelopment Project Manager stated that it is a fairly loosely based rewards program for providing affordable housing. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only and waive further reading, authorizing application for the Workforce Housing Reward Grant (WFH) Program funded by the State Department of Housing and Community Development, and authorize the City Manager and/or his designees to execute the application, and all other documents and instruments required by the State for participation in the Program, on behalf of the City Council. 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 RESOLUTION NO. 5922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING APPLICATION FOR WORKFORCE HOUSING REWARD GRANT. 5 CITY COUNCIL MINUTES FEBRUARY 27,2006 94 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 Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Seymore: Attended a Measure M Committee meeting. Council Member Seymore reported on his attendance and involvement at various community events and activities. Council Member McCoy: Attended a City/Cypress School District Joint Steering Committee meeting. Council Member McCoy reported on his attendance and involvement at various community events and activities. Mayor Pro Tem Luebben: Attended a City/Cypress School District Joint Steering Committee meeting. Attended an O.C. Sanitation District Board meeting. Attended, on Mayor Sondhi's behalf, the O.C. Mayors Roundtable luncheon. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Mavor Sondhi: Mayor Sondhi reported on her attendance and involvement at various community events and activities. Mayor Pro Tem Luebben discussed guidelines for issuance of certificates of recognition to Eagle Scouts, and requested that this issue be agendized for discussion at the March 13, 2006 City Council meeting. 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 Council previewed a commercial of the City of Cypress Oral History Project. The City Manager stated that he attended the Chamber Business Mixer at MWB Business Systems. The City Manager stated that he will be reading to 3rd graders at King Elementary School for Read Across America on Thursday, March 2, 2006. 6 - I I I - CITY COUNCIL MINUTES FEBRUARY 27, 2006 95 ADJOURNMENT: Mayor Sondhi adjourned the meeting in memory of Dr. Bill Eller, Superintendent, Cypress School District, at 8:00 p.m. to Monday, March 13, 2006, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 7