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Minutes 2006-04-10 122 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 10, 2006 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor Sondhi in the Executive Board Room, 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 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 Director of Finance and Administrative Services Richard Storey Chief of Police Rick Hicks Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Recreation and Community Services Superintendent Dena Diggins Recreation Supervisor Shelly Myers City Clerk Jill Ingram ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Recreation and Community Services Director stated that staff is seeking direction on the approval of the schematic design drawings and the contract services amendment for the completion of the design and construction drawings for the project. She introduced Steve Gaffney, lead architect, Nestor+Gaffney Architecture, Roger Torriero and Steve Mickle, Griffin Structures, Inc. The Recreation and Community Services Director stated that staff is taking an aggressive approach to the project and would like to move forward with having the parking lot under construction after the Community Festival as well as the building under construction some time in November. She stated that in June, staff will bring back to Council design/development drawings as well as a guaranteed maximum price. She stated that since the last meeting with the Council, staff has been working on the level of design and focusing on comments made by the Council. Mr. Mickle stated that the site plan is similar to the one presented before except the building has more development and the landscape elements are more simplified. He stated that the building meets all code requirements from an ADA standpoint. Mr. Mickle provided clarification to the Council regarding permitted use of the lobby space and code requirements. 123 CITY COUNCIL MINUTES APRIL 10, 2006 Mr. Torriero stated that there is no change to the budget of the project, however, changes that were not incorporated into the costing will change the amount. Mr. Mickle discussed the partitions and site lines for the auditorium. He stated that the basic design and layout of the spaces has been done and they are ready to bring in their engineers. Mr. Torriero stated that for the next meeting with the Council, they will have colors and materials for such things as tile, exterior paint, etc. He stated that colors for the project are very flexible. Council Member Seymore asked for clarification regarding sidewalks and potential ramping. The Recreation and Community Services Director stated that the impact to existing programs during the renovation will only be a reduction of the gallery and the mezzanine. The City Attorney requested that the second recommendation be approved subject to final review and approval by the City Attorney. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council: 1) Review and authorize staff to approve the schematic design plans for the proposed modernization and expansion of the Cypress Community Center; and 2) Approve the contract amendment in the amount of $389,620 authorizing Griffin Structures Inc., and its team to complete design development and construction drawings subject to final approval by the City Attorney. 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 At 6:03 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 7:02 p.m. by Mayor Sondhi. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy 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 Director of Finance and Administrative Services Richard Storey Chief of Police Rick Hicks Public Works Director Doug Danes Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Assistant Community Development Director Ted Commerdinger Administrative Services Manager June Liu Associate Planner Doug Hawkins Assistant Planner Judy Aquino City Clerk Jill Ingram 2 124 CITY COUNCIL MINUTES APRIL 10, 2006 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Boy Scout Troop #660. INVOCATION: The invocation was given by City Attorney 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 schematic plans for the expansion and modernization of the Cypress Community Center. The City Council approved a contract amendment authorizing Griffin Structures to complete the design development and construction drawings after which they will come back to the City Council to give a full report and design report for consideration. 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. Ronald Miranda Vidal, Cypress, spoke regarding the status of Cypress residents' request for permit parking at Jonathan and Knott Avenues. The following spoke regarding building, planning, and code enforcement issues related to a dog training business at 8162 Gay Street: David Haas, Cypress Gus Wahhab, Cypress Faizal Ramjan, Cypress Narmeen Ramjan Cypress Tim Welch, Long Beach Elizabeth Chrysanthis, Cypress Bob Foffonof, Cypress Elizabeth McCartney Shawn Drake, Cypress Gail Simonz, Cypress Eileen Klink, Long Beach The City Attorney stated that not only are there code issues, but there was a special agreement entered into with the property owner when Olson Company acquired most of the property for new homes. There was a settlement agreement entered into with the objecting property owners where Olson Company, with the consent of the City of Cypress, agreed to put in a country swale rather than curb and gutter to give Gay Street a rural flavor. With respect to this particular property, there was also an agreement by Olson Company to build a higher than usual retaining wall to buffer the sounds of equestrian animals and the impacts of equestrian animals on the immediately abutting neighborhoods. In return for these, in addition to the property owners dropping any challenges to the Olson Company, there was a specific agreement that her property would only be used for equestrian purposes. He stated that not only is there a significant code violation but a breach of the settlement agreement when these homes were built. If this matter comes to the City Attorney's office, it will be prosecuted as this is a clear violation. 3 CITY COUNCIL MINUTES 125 APRIL 10, 2006 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. 2006-03 AND TENTATIVE TRACT MAP NO. 16954. A REQUEST TO CREATE A ONE-LOT SUBDIVISION AND CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 8582 WALKER STREET WITHIN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Assistant Planner provided background information on this item. The public hearing was opened. Frank Sabato, Realtor Associate, Bowman Real Estate, stated that he believes the project will enhance the aesthetics of Walker Street. Council Member Seymore asked about the exterior of the project and if any other exterior elevations had been considered. Mr. Sabato stated that they are open to suggestions regarding color and materials. 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. Council Member McGill asked about the landscaping of the project. The Assistant Planner stated that the applicant needs to submit a landscape and irrigation plan prior to the issuance of a Certificate of Occupancy. At that point, the landscape plans should be in detail on the materials used and size of trees, which is reviewed by staff. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2006-03 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2006-03 - WITH CONDITIONS. RESOLUTION NO. 5930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16954 - WITH CONDITIONS. 4 126 CITY COUNCIL MINUTES APRIL 10, 2006 Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-04, A REQUEST TO APPROVE AN OFF-SALE GENERAL ALCOHOL AND ON- SALE BEER AND WINE LICENSE FOR A PROPOSED BEVERAGES & MORE RETAIL FOOD AND LIQUOR STORE LOCATED AT 6820 KATELLA AVENUE WITHIN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. He stated that two telephone calls were received from residents who expressed concerns regarding the proposed use. Council Member Seymore asked for clarification on the license that would cause the undue concentration. The Associate Planner stated that staff is recommending approval because there are several other census track areas that are over-concentrated and the other uses in this center are all restaurant uses. The sale of onsale beer and wine at this location would be consistent with those uses. Mayor Sondhi asked for clarification regarding onsite license and the intent of the business. The Associate Planner stated that there is a small room that would be used for the serving of beer and wine, which has clear access and visibility. He stated that the time is limited to three hours on Friday and six hours on Saturday. Mayor Pro Tem Luebben asked if the onsite license is primarily for wine tasting and things of that nature. The Associate Planner stated that it is done on a very small scale and the license is required if the bottles are opened onsite for tasting. The public hearing was opened. Mike Lyons, Vice President of Operations, Beverages & More Retail Food and Liquor Store, stated that they are a specialty retailer and sell fine wines and spirits with a wide range of pricing. He stated that they also sell specialty foods such as cheese, caviar, and snacks, and specialty sodas. He stated that they do not sell products of abuse or sell individual bottles of beers unless specifically sold that way and they do not sell pornography, lottery tickets or cigarettes. He stated that wine makers and brew masters are brought into the tasting area where a customer can taste items to see if they wish to purchase. Council Member Seymore asked if the hours were set for the tasting room and if these hours could be included in the Conditions of Approval. Mr. Lyons stated that the hours are Friday from 4:00 to 7:00 p.m. and Saturday from 12:00 to 6:00 p.m. It is also used for several holidays throughout the year. Mayor Pro Tem Luebben asked about Alcohol Beverage Control enforcement actions against Beverages & More in the last 12 months. Mr. Lyons stated that they have not had any enforcement issues. 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. Henri Louis C. Codjia, spoke in opposition of the item. The public hearing was closed. 5 CITY COUNCIL MINUTES 127 APRIL 10, 2006 Council Member McGill stated that it is the obligation of a community to define how, within the legal constitutional parameters, commerce and the sale of alcoholic beverages take place. Mayor Pro Tem Luebben stated that he is in support of Beverages & More and he feels that they are a quality organization. He does not wish to limit the hours in their Conditions of Approval in terms of when they can have wine tastings. Council Member Seymore stated that he would like to have the hours of the tastings added to the Conditions of Approval. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McGill, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2006-04 - with conditions. The motion was carried by the following roll call vote: AYES: 4 NOES: 1 ABSENT: 0 COUNCIL MEMBERS: McCoy, McGill, Luebben and Sondhi COUNCIL MEMBERS: Seymore COUNCIL MEMBERS: None RESOLUTION NO. 5931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2006-04 - 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 Pro Tem Luebben requested that Items No.7, 8, and 11 be pulled from the Consent Calendar. It was moved by Council Member McGill and seconded by Council Member Seymore, to approve Consent Calendar Items NO.3 through 6, 9, 10, 12, and 13. 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 Item NO.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 27, 2006. Recommendation: That the City Council approve the Minutes of the Meeting of March 27, 2006, as submitted, with Council Member McCoy abstaining due to his absence from the meeting. 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: APPROVAL OF FISCAL YEAR 2004 STATE HOMELAND SECURITY GRANT PROGRAM AGREEMENT TO TRANSFER PROPERTY OR FUNDS. Recommendation: That the City Council: 1) Approve the transfer of property, equipment or funds provided by the State Homeland Security Grant program; and 2) Authorize the 6 128 CITY COUNCIL MINUTES APRIL 10, 2006 Mayor to execute the two (2) attached documents titled "Agreement to Transfer Property or Funds for FY04 State Homeland Security Grant Purposes." Item NO.6: RETENTION OF PROFESSIONAL CONSULTING SERVICES FOR A STORM DRAIN MASTER PLAN, PUBLIC WORKS PROJECT NO. 2006-07. Recommendation: That the City Council: 1) Award a professional consulting services contract for preparation of a Master Plan of Drainage to AKM Consulting Engineers, in the amount of $160,000; and 2) Authorize a contingency of $16,000 (10% of Contract Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer for any additional work within budgetary authority; and 3) Appropriate $16,000 from the unrestricted fund balance of the Storm Drainage Fund to Account No. 4189-43-281-08. Item NO.9: AWARD OF CONTRACT TO PURCHASE A COMPLETE IN-CAR MOBILE AUDIO VIDEO SYSTEM FOR THE POLICE DEPARTMENT PATROL FLEET. Recommendation: That the City Council: 1) Award a contract to L-3 Communications, Mobile Vision Division, 90 Fanny Road, Booton, NJ 07005, in the amount of $175,000 for the purchase of a complete, In-Car Mobile Audio Video (MA V) system to include seventeen (17) In-Car systems, the back-end storage server and data solution, the wireless infrastructure, installation of all equipment, training, and a five (5) year extended maintenance contract. Item No. 10: ACCEPTANCE OF BLOOMFIELD STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2005-01. Recommendation: That the City Council: 1) Accept the Bloomfield Street Rehabilitation, Public Works Project No. 2005-01, as being satisfactorily completed in conformance with the project specifications, in the amount of $384,133.58; and 2) Approve the final retention payment of $38,414 to All American Asphalt, P.O. Box 2229, Corona, California 92878, 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. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 74822 THROUGH 75066. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. Recreation & Park District Matters: Item No. 13: ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $1,650 AND THE APPROPRIATION OF $1,650 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donations in the amount of $1,650 from Best Choice Realty Inc./Harborside Financing, Secure Horizons, Summerville Senior Living, Tenet/Los Alamitos Medical Center, Home Instead Senior Care, Memorial Health Services and Williams & Williams Homecare, Inc. and increase the estimated revenue in account #3665 (Senior Citizens Activities) by $1,650; and 2) Appropriate $1,650 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4104-12-317-10 for the purchase of supplies for the Volunteer Recognition Celebration on April 22, 2006. Supplies include decorations, entertainment and giveaways for approximately 180 volunteers. 7 129 CITY COUNCIL MINUTES APRIL 10, 2006 Reqardinq Item No.7: AWARD OF CONTRACT FOR SEWER MODIFICATIONS AT FLORENCE STREET FROM FERNE AVENUE TO CERRITOS AVENUE. PUBLIC WORKS PROJECT NO. 2004-07, Mayor Pro Tem Luebben asked for clarification regarding the contingency amount for this contract. The Public Works Director stated that staff is finding unknowns during projects and need the higher contingency to fund any additional work or materials. The amount will vary from project to project. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McCoy, that the City Council: 1) Award a contract for Public Works Project No. 2004-07, Sewer Modifications at Florence Street from Ferne Avenue to Cerritos Avenue, in the amount of $212,875, to the lowest responsible bidder, Dominguez General Engineering Contractor, Rosemead, California; and 2) Authorize a contingency of $31,930 (15% 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. 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 Reqardinq Item No.8: AWARD OF CONTRACT FOR REPLACEMENT OF FOUR PUBLIC WORKS MAINTENANCE VEHICLES, Mayor Pro Tem Luebben asked if staff takes into consideration buying vehicles other than Ford or Chevrolet and if maintenance costs have been tracked and compared. The Public Works Director stated that staff views it from a fleet perspective and tries to standardize the fleet whenever possible to have the least amount of varying type of vehicles because of the training requirements on the mechanics, etc. Mileage and cost per mile is tracked on the various vehicles and staff is constantly looking at ways to save money. It was moved by Mayor Pro Tem Luebben and seconded by Council Member McGill, that the City Council award a contract to purchase three (3) 2006 Chevrolet Express Cargo Vans, and one (1) Ford Extended Cab Ranger pick-up truck from Wondries Fleet Division, 1247 W. Main Street, Alhambra, California 91803, in the amount of $79,227.78. 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 Reqardinq Item No. 11: APPROVAL OF PLANS AND SPECIFICATIONS FOR REPLACEMENT OF BASKETBALL COURT AT PINEWOOD PARK, CONSTRUCTION OF PICNIC SHELTER SLAB AT PEPPERTREE PARK. AND CONSTRUCTION OF ACCESS RAMPS AT VARIOUS LOCATIONS. PUBLIC WORKS PROJECT NOS. 2005-07. 2003-35, AND 2004-23, Mayor Pro Tem Luebben stated that he is happy to see these projects moving forward. He asked when construction is expected to begin on the new basketball court at Pinewood Park. The Assistant City Engineer stated that the project will immediately go out to bid with the bids being returned within the next two to three weeks. Within the next two to three Council meetings, staff will return to the City Council for an award of contract. Mayor Pro Tem Luebben asked about the maintenance schedule for the basketball courts to keep weed growth down. 8 130 CITY COUNCIL MINUTES APRIL 10, 2006 The Public Works Director stated that the parks are regularly sprayed and staff is currently transitioning to the landscape contract. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council approve plans and specifications for Replacement of Basketball Court at Pinewood Park, Construction of Picnic Shelter Slab at Peppertree Park, and Construction of Access Ramps at Various Locations, Public Works Project Nos. 2005- 07,2003-35, and 2004-23. 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 END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 14: SECOND READING OF SPECIFIC PLAN AMENDMENT NO. 2006-01, AN ORDINANCE ADOPTING AN AMENDMENT TO SECTION VI.A OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN, ADDING CLARIFYING LANGUAGE REGARDING PROHIBITED LAND USES WITHIN THE PLAN (ELIMINATE "OMISSION ZONING"). It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council approve the second reading of the Ordinance by title only, adopting an amendment to Section VI.A of the Cypress Business and Professional Center Specific Plan, adding clarifying language regarding land uses. 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.1 072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTION VI.A OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN, ADDING CLARIFYING LANGUAGE REGARDING LAND USES. Item No. 15: SECOND READING OF ZONING CODE AMENDMENT NO. 2006-01. ADDING A NEW SECTION 17-51 AND RENUMBERING EXISTING SECTION 17-51 THROUGH 17-53 TO SECTIONS 17-52 THROUGH 17-54 AND DELETING EXISTING SECTION 17-54 OF THE CYPRESS CITY CODE, AMENDING TABLE 2-6 OF SECTION 6. ARTICLE 2 AND ADDING A NEW SECTION 3.17.215 TO THE CYPRESS ZONING CODE (SMOKING LOUNGES). It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council approve the second reading of the Ordinance by title only, adding a new Section 17-51 and renumbering existing Sections 17-51 through 17-53 to Sections 17-52 through 17-54 and deleting existing Section 17-54 of the Cypress City Code, amending Table 2-6 of Section 6, Article 2 and adding a new Section 3.17.215 to the Cypress Zoning Code relating to smoking lounges. 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 9 131 CITY COUNCIL MINUTES APRIL 10, 2006 ORDINANCE NO.1 073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING A NEW SECTION 17-51 AND RENUMBERING EXISTING SECTIONS 17-51 THROUGH 17-53 TO SECTIONS 17-52 THROUGH 17-54 AND DELETING EXISTING SECTION 17-54 OF THE CYPRESS CITY CODE, AMENDING TABLE 2-6 OF SECTION 6, ARTICLE 2 AND ADDING A NEW SECTION 3.17.215 TO THE CYPRESS ZONING CODE RELATING TO SMOKING LOUNGES. UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No. 16: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION TO DISALLOW A CHILDREN'S INDOOR RECREATION/ENTERTAINMENT USE AT 10711 WALKER STREET WITHIN THE PBP PLANNED BUSINESS PARK ZONE. The Associate Planner provided background information on this item. Mayor Pro Tem Luebben asked about the percentage of commercial industrial space in the area this project would take. The Associate Planner stated that the total building area is approximately 208,000 square feet with this use occupying approximately 30,000 square feet. Council Member McGill asked about the expected traffic for this business. The applicant, Sharon Diener, stated that the focus should be this one location and how it affects the people around it. She stated that it is a private party facility with primarily children's birthday parties. The parties are usually two and a half hours long and because they are private parties, there is more control over the traffic. There are about 10 to 15 cars per event and on the weekend, three events could be going on at once. Mayor Pro Tem Luebben asked for clarification on how the business operates and lead time necessary for prime time parties. Ms. Diener stated that children and adults start in a play area with only physical activity, not any electronic video games and then go into a party room. For younger children, the activity room also includes the eating area. She stated that demand for weekend time is very high with parties reserved months in advance. Mayor Pro Tem Luebben asked about alternative sites in Cypress or surrounding communities. Ms. Diener stated there are not any alternative locations in Cypress because there are not many buildings that would work for their specific use. They need high ceilings and open environments. Council Member McGill asked about the zoning located across from the proposed site. The Assistant Community Development Director stated that the location across the street is in a different Specific Plan area and built for a different tenant mix. The spaces are mostly smaller and oriented toward a target tenant that only needs 2,500-3,000 square feet. The City Attorney stated that this will set a precedent as the matter is an appeal from the determination of the Community Development Director through his staff as to a use 10 132 CITY COUNCIL MINUTES APRIL 10, 2006 which is neither explicitly approved nor disapproved for this site in the Specific Plan. If the Council overrules the finding and determination of the Community Development Director, it will be more difficult in future applications within the PBP area to disqualify other potential recreational uses in what is essentially an area intended for large commercial facilities that are inconsistent with this proposed use. He stated that his legal view is that the Council needs to weigh the facts and circumstances, and a consideration in deliberations and discussion should be the impact this precedent would set in other properties within this district. Mayor Pro Tem Luebben asked what effect, if any, Item No. 14 that was approved tonight would have in relation to the Specific Plan and future applications similar in nature to the one presented. The City Attorney stated that the reason the Ordinance amending the Specific Plan is not applicable to this consideration is that the Ordinance will not go into affect for 30 days. He stated that this is dealing with a zoning determination at this point. Mayor Pro Tem Luebben stated that the Specific Plan amendment was supposed to alleviate the ambiguity issue and he feels it is a protection against the free-for-all of this type of activity in the future in this area even if this one application was granted. Council Member McGill stated that he is inclined to agree with staff's recommendation because this facility was designed for larger industrial uses. Council Member McCoy stated that this particular business is a great idea and hopefully they will be able to find a facility to meet their needs within the City, but when the business park was approved it was the intent it would be for larger industrial uses. Mayor Pro Tem Luebben stated that it is unfortunate that there is no alternative within the City at this time for this type of business to operate. Every facility of this nature that he has seen does a tremendous business and brings customers to the city they are located in. He stated that an exception needs to be made now and then, and consider and balance all of the circumstances. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only, sustaining the determination of the Director of Community Development that a proposed children's recreation land use is inconsistent with the intent of the PBP Planned Business Park Zone, Mixed Use Business Park District, and is not compatible with the listed uses permitted within such zone. The motion was carried by the following roll call vote: AYES: 3 NOES: 2 ABSENT: 0 COUNCILMEMBERS: McCoy, McGill, and Seymore COUNCILMEMBERS: Luebben and Sondhi COUNCILMEMBERS: None RESOLUTION NO. 5932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUSTAINING THE DETERMINATION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT A PROPOSED CHILDREN'S RECREATION LAND USE IS INCONSISTENT WITH THE INTENT OF THE PBP PLANNED BUSINESS PARK ZONE, MIXED USE BUSINESS PARK DISTRICT, AND IS NOT COMPATIBLE WITH THE LISTED USES PERMITTED WITHIN SUCH ZONE. Item No. 17: APPROVAL OF THE CITY'S PARTICIPATION IN THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) JPA AGREEMENT AND COPLlNK POLICY ADOPTION. The Police Captain provided background information on this item. 11 133 CITY COUNCIL MINUTES APRIL 10, 2006 Council Member McCoy stated that this is a valuable tool that will help solve crimes especially if more counties become involved. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Luebben, that the City Council: 1) Adopt the Resolution by title only, authorizing the City of Cypress to participate in the Integrated Law and Justice Agency for Orange County (ILJAOC), authorize the Mayor to execute the Joint Powers Agreement (JPA) associated with the City's participation, and authorize the City Manager and/or Police Chief to execute any related documents consistent with the implementation of this Agreement; and 2) Ratify the COPLlNK System Use Policy (Attachment G), specifically authorizing the Chief of Police to execute the document and any future amendments on behalf of the City; and 3) Approve the appropriation of $13,000 from the unreserved fund balance of the general fund to account 4188-11-165-05 for the shared costs of the ILJAOC for Fiscal Year 2005/2006. 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. 5933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE JOINT POWERS AGREEMENT FOR THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC). RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Item No. 18: APPROVAL OF THE AMENDED JOINT USE AGREEMENT WITH ANAHEIM UNION HIGH SCHOOL DISTRICT. The Recreation and Community Services Director provided background information on this item. Council Member McGill thanked the Recreation and Community Services Department staff for their hard work. Council Member McCoy stated that this was a tremendous issue in the community and thanked the Recreation and Community Services Director for facilitating and mediating the discussions with the school district. Mayor Sondhi asked about any potential use changes for Lexington Junior High School or Cypress High School field uses. The Recreation and Community Services Director stated that there have been no indications. The issues that have been taking place at Oxford have been happening for the past three or four years with Oxford adding new sports and various levels of team play. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Luebben, that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the attached Amended Joint Use Agreement with the Anaheim Union High School District. 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 12 134 CITY COUNCIL MINUTES APRIL 10, 2006 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Samii Taylor Yakovetic, Cypress, spoke regarding Lincoln Center Mobile Home Park. Cypress Boy Scout Troop #660 in attendance at the Council meeting introduced themselves to the Council. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Mavor Pro Tem Luebben: Chaired meetings of the O.C. Sanitation District CIP Oversight Committee. Attended a California League of Cities Transportation, Communications, and Public Works Policy Committee meeting. Attended the City's Arbor Day Celebration. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Council Member McGill: Attended an O.C. Fire Authority Board meeting. Council Member McGill reported on his attendance and involvement at various community events and activities. Council Member Seymore: Attended an O.C. Transportation Authority Measure M Super Committee meeting. Council Member Seymore reported on his attendance and involvement at various community events and activities. Mayor Pro Tem Luebben discussed Mr. Ronald Vidal's comments regarding the status of Cypress residents' request for permit parking at Jonathan and Knott Avenues. Mayor Pro Tem Luebben discussed Ms. Samii Taylor Yakovetic's comments regarding Lincoln Center Mobile Home Park. 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 reported that the City Hall Re-dedication Ceremony will be held on Monday, April 24, 2006 at 5:30 p.m. He thanked staff for the tremendous job they did during the construction process. The City Manager asked the Assistant Community Development Director to discuss the code enforcement concerns at the property located at 8312 Gay Street. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:05 p.m. in memory of Howard Rowen to Monday, April 24, 2006, beginning at 6:00 p.m. in the Council Chambers. MA Y9R 0 THE CITY OF CYPRESS \_) 13 CITY COUNCIL MINUTES 135 APRIL 10, 2006 ATTEST: 14