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Minutes 2006-04-24 136 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 24, 2006 A regular meeting of the Cypress City Council was called to order at 6:37 p.m. by Mayor Sondhi in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Frank McCoy Others present: City Manager David Norman City Attorney William Wynder Assistant City Manager David Belmer Deputy City Clerk Denise Basham The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. At 6:38 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 Sondhi. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Members Absent: Council/Agency Board Member Frank McCoy 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 Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Contracts/Environmental Affairs Manager Gonzalo Vazquez Associate Planner Kori Nevarez Assistant Planner Judy Aquino Deputy City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Cub Scout Pack 660. CITY COUNCIL MINUTES 137 APRIL 24, 2006 INVOCATION: The invocation was given by City Attorm~y Wynder. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the special event held this evening. The City Manager stated that the rededication of City Hall was held this evening, a lengthy process of expanding and renovating, which included the parking lot and Council Chamber. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council mEtt in Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. The City Attorney stated that a report and analysis of facts and circumstances was given whichl could give rise to litigation. A litigation avoidance strategy was discussed and the City Council unanimously directed staff to implement such strategy. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Alvin Selnick, Cypress, spoke regarding traffic and parking issues at Swain Elementary School. Keila Molina, Congressman Ed Royce's Office, congratulated the City on the rededication of the Civic Center and presented a certificate in recognition of the rededication. 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. 2006-05. A REQUEST TO OPERATE A KOREAN RESTAURANT LOCATED AT 4720 LINCOLN AVENUE WITHIN THE RM RESIDENTIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. The Assistant Planner provided background information on this item. Council Member Seymore asked for clarification regarding outdoor seating and asked that the conditions be amended to eliminate any outdoor dining. The public hearing was opened. The applicant, Yau Tsang, stated that he feels this is a !~ood location for a restaurant. Mayor Pro Tem Luebben asked Mr. Tsang about his restaurant experience. 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. 2 138 CITY COUNCIL MINUTES APRIL 24, 2006 The public hearing was closed. 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. 2006-05 - with conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2006-05 - WITH CONDITIONS. Item NO.2: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11, A REQUEST TO EXPAND THE OFFICES OF AN EXISTING CHURCH FACILITY LOCATED AT 4421 CERRITOS AVENUE IN THE COMMERCIAL NEIGHBORHOOD ZONE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant's architect, Daniel Ubovich, stated that the project uses the square footage that is already under an existing overhang. 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 Council Member Seymore and seconded by Mayor Pro Tem Luebben, that the City Council adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 76-11 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11 - WITH CONDITIONS. Item NO.3: PUBLIC HEARING REGARDING VARIANCE NO. 2006-02, A REQUEST TO ALLOW A SIDE YARD SETBACK LESS THAN TEN FEET (10') WIDE ON A PROPOSED SINGLE-STORY ROOM ADDITION LOCATED AT 5623 LAKIA DRIVE IN THE RS-6,OOO RESIDENTIAL SINGLE-FAMILY ZONE. The Associate Planner provided background information on this item. Mayor Sandhi asked about the rationale for the original side yard setbacks. 3 CITY COUNCIL MINUTES 139 APRIL 24, 2006 The Associate Planner stated that the age of the tract plays a role as well as the type of lot. The public hearing was opened. The applicant, Yury Yasnogorousky, stated that his home is getting older and is in need of repair. 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 Council Member McGill and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, granting a variance from the terms of the Zoning Ordinance of the City of Cypress, Section 2.05.040, Table 2-3 to allow a six-foot (6') side yard setback instead of the required ten feet (10') - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5937 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 2.05.040, TABLE 2-3 TO ALLOW A SIX-FOOT (6') SIDE YARD SETBACK INSTEAD OF THE REQUIRED TEN FEET (10') - WITH CONDITIONS. Item NO.4: PUBLIC HEARING REGARDING THE ADOPTION OF A RESOLUTION ESTABLISHING FATS, OILS, AND GREASE FEES FOR FOOD SERVICE ESTABLISHMENTS. The Contracts/Environmental Affairs Manager provided background information on this item. Council Member McGill asked for clarification on grease blockages in sewer pipes. The Contracts/Environmental Affairs Manager stated that once the grease develops in the sanitary sewer line, the passage way becomes narrower, which could result in sewer backups into the food service establishment or blockages in the parking area. Council Member McGill asked for clarification on enforcement and penalties for communities and businesses that do not comply. The Contracts/Environmental Affairs Manager stated that the consequences would be failure to comply with the permit that was adopted, which could result in serious fines from the regional board. The Public Works Director stated that the penalties can be $1,000 per gallon spilled or up to $10,000 per day the discharge continues on. Mayor Pro Tem Luebben asked if the City could impose fines or penalties to businesses for non-compliance or indemnification where a food service establishment would hold the City harmless for these type of fees. 4 140 CITY COUNCIL MINUTES APRIL 24, 2006 The Public Works Director stated that there are many elements within the Ordinance to provide for if a restaurant does not stay in compliance. There is a compliance schedule clause within the Ordinance and the City can also collect fees if our crews, for example, have to respond after hours or for follow up inspections. The City can also require that a business install an interceptor and/or deny them the ability to be issued a wastewater discharge permit, which would prohibit them from operating. Mayor Pro Tem Luebben asked about having a presentation by the O.C. Sanitation District for the public to learn about what they should not be placing down the drain. 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. Alvin Selnick, Cypress, spoke in opposition. The public hearing was closed. Mayor Sondhi stated that the City is being mandated to keep the sewer system clean because there are impacts beyond individual communities that threaten fundamental areas, such as clean water. The City needs to take a proactive stance otherwise the consequences must be paid one way or the other. This is a controlled way to have negative consequences minimized and be more proactive than reactive to a problem. Mayor Pro Tem Luebben stated that this is another unfunded mandate by a regulatory agency that has decided these types of programs will be implemented or face very large fines. He feels the City has done a good job of studying the best way to apportion those fees on those that are receiving the benefit of doing business in this city. He would much rather see a reasonable fee like this imposed on the businesses that will be generating the fats, oils, and greases that will go down the drains. He stated that Cypress is one of the most conservative in how it has chosen to apply this fee to businesses. Council Member Seymore stated that the fee was chosen as a base fee and is an alternate to installing and purchasing a grease control device, which can cost in a range of $8,000 - $20,000. He stated that the City is not trying to make it difficult for businesses but trying to maintain the sewer system. Council Member McGill stated that there is a mandate and the City has the choice to comply or not comply. It is the City's responsibility, as financial stewards of a community, to make sure a program is implemented as affordably as possible in order to comply so the community is not placed at serious financial risk. Mayor Sondhi stated that the educational process and learning curve is steep as a program of this particular nature is begun. She stated that only one in four businesses is doing business the way they need to be to protect the City's sewer system, and that staff has been noticing and advising the food service establishments of the need for the development of such a program. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council: 1) Conduct a public hearing on the proposed Fats, Oils, and Grease Permit fees for Food Service Establishments in the City of Cypress, pursuant to Government Code Section 66018; and 2) Adopt the Resolution by title only, establishing Fats, Oils, and Grease Fees for food service establishments. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy 5 141 CITY COUNCIL MINUTES APRIL 24, 2006 RESOLUTION NO. 5934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING FATS, OILS, AND GREASE FEES FOR FOOD SERVICE ESTABLISHMENTS. 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 Seymore and seconded by Council Member McGill, to approve Consent Calendar Items NO.5 through 14. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: McGill, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: McCoy Item NO.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MARCH 20 AND APRIL 10,2006. Recommendation: That the City Council approve the Minutes of the Meetings of March 20 and April 10, 2006, as submitted, with Council Members McCoy and McGill abstaining on the minutes of March 20, 2006, due to their absence from the meeting. Item No.6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.7: PROCLAIMING THE WEEK OF APRIL 23-29, 2006, AS "NATIONAL CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council proclaim the week of April 23-29, 2006, as "National Crime Victims' Rights Week" in the City of Cypress. Item NO.8: PROCLAIMING THE WEEK OF APRIL 23-30, 2006, AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" IN THE CITY OF CYPRESS. Recommendation: That the City Council proclaim the week of April 23-30, 2006, as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress. Item No.9: PROCLAIMING THE WEEK OF APRIL 30 - MAY 6, 2006, AS "MUNICIPAL CLERKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council proclaim the week of April 30 - May 6, 2006, as "Municipal Clerks Week" in the City of Cypress. Item No. 10: RETENTION OF PROFESSIONAL CONSULTING SERVICES FOR AN UPDATE OF CITY'S PAVEMENT MANAGEMENT PROGRAM, PUBLIC WORKS PROJECT NO. 2006-05. Recommendation: That the City Council: 1) Award a professional consulting services contract for preparation of an update of City's Pavement Management Plan to Bucknam & Associates Inc., in the amount of $47,586.00; and 2) Authorize a contingency of $5,000 (10.5% of Contract Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer for any additional work within budgetary authority. 6 142 CITY COUNCIL MINUTES APRIL 24, 2006 Item No. 11: ADOPTION OF RESOLUTION ESTABLISHING COMPENSATION AND AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF HUMAN RESOURCES MANAGER. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, establishing compensation for the classification of Human Resources Manager in the City's Classification Plan; and 2) Adopt the class specification for the regular full-time position of Human Resources Manager, amending the City's classification plan. RESOLUTION NO. 5938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF HUMAN RESOURCES MANAGER IN THE CITY'S CLASSIFICATION PLAN. Item No. 12: APPROVAL OF PLANS AND SPECIFICATIONS FOR REHABILITATION OF ASPHALT CONCRETE PAVEMENT AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2004-24. Recommendation: That the City Council approve plans and specifications for Rehabilitation of Asphalt Concrete Pavement at Maintenance Yard, Public Works Project No. 2004-24. Item No. 13: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2006. Recommendation: That the City Council receive and file the Investment Report for the month of March, 2006. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 75067 THROUGH 75262. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: No items. NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 7 CITY COUNCIL MINUTES 143 APRIL 24, 2006 CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Cypress City Council, No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Four students from Los Alamitos High School, who were in attendance for their Government class, were recognized by the City Council. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Mayor Pro Tem Luebben: Attended an O.C. Sanitation District Finance Administration Human Resource Committee meeting. Attended an O.C. League of California Cities Advocacy Committee and General meeting. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Council Member Seymore: Attended the O.C. League of California Cities General meeting. Council Member Seymore reported on his attendance and involvement at various community events and activities. Mayor Sondhi: Attended an O.C. Housing and Community Development Project Advisory Committee meeting. Mayor Sondhi reported on her attendance and involvement at various community events and activities. ITEMS FROM CITY MANAGER: The City Manager stated he attended the groundbreaking ceremony for the Cypress College Student Center. He stated that he will be providing input to the executive search firm contracted to help the Cypress School District in the Superintendent recruitment. The City Manager thanked Assistant City Engineer Kamran Dadbeh for his work on the Civic Center remodeling project. Mayor Sondhi asked for information from the Chief of Police regarding the Police Training Officer Program. The Chief stated that Lieutenant Bish nominated two employees, Sergeant Cox and Officer Brian Healy, for their efforts in putting together a new training program called the Police Training Officer Program. The City of Cypress is one of seven cities in California that was honored based on the community policing efforts and other professional standards that are in place. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:25 p.m. to Monday, May 8, 2006, beginning at 5:30 p.m. in the Executive Board Room. 8 144 CITY COUNCIL MINUTES APRIL 24, 2006 ATTEST: 9