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Minutes 2006-07-24 205 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 24,2006 A regular meeting of the Cypress City Council was called to order at 6:04 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 Frank McCoy Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Others present: Acting City Manager Richard Storey Assistant City Attorney Tiffany Israel Acting Community Development Director Ted Commerdinger Acting City Clerk Denise Basham The Assistant City Attorney reported that the City Council would be meeting in Closed Session regarding Conference With Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241- 091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241-231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, Under Negotiation: Site Status, Price and Terms of Payment. The Assistant City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. At 6:07 p.m., the Mayor recessed the meeting. ORAL COMMUNICATIONS: None. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:04 p.m. by Mayor 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: Acting City Manager Richard Storey Assistant City Attorney Tiffany Israel Acting Community Development Director Ted Commerdinger Chief of Police Rick Hicks Public Works Director Doug Dancs ..2\0...6 CITY COUNCIL MINUTES JULY 24,2006 Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Finance Manager Matt Burton Administrative Services Manager June Liu Associate Planner Doug Hawkins Acting City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Alan Polivka, Veterans of Foreign Wars. INVOCATION: The invocation was given by Chaplain Jerry Shumard, Cypress Police Department. Mayor Sondhi commented that there were a number of presentations this evening and welcomed all those in the audience. She stated that this was an exciting day for the City of Cypress because it celebrates the exact day of the birthday of the City and falls on a regularly-scheduled Council meeting. Mayor Sondhi reported that the City held its annual Cypress Community Festival to officially celebrate the City's birthday last Saturday. She commended the volunteers and participants who endured the weather and were able to coordinate a very successful event. Mayor Sondhi stated that additionally, as part of the Festival, the City held a Reunion Luncheon of former City Council Members and City staff that represented the leadership of the City from the 1960's through the 1990's. A total of 65 guests attended the Reunion Luncheon, including individuals from as far away as Hawaii, Idaho, and Oregon, as well as Cypress and other cities in California. Mayor Sondhi stated that it was fortunate to have a number of elected officials and community organizations here tonight to recognize the City on its 50th Birthday. The City will be recognizing several long-term business owners, as well as long-term residents. Mayor Sondhi read a special letter of greetings and best wishes from Governor Arnold Schwarzenegger which was presented to the City during the Festival on Saturday, July 22. PRESENTATIONS: The following made presentations in celebration of the City's 50th Anniversary: Alex Douvas, representing Congressman Ed Royce's Office Senator Tom Harman Supervisor Jim Silva Mayor Chris Barnes and Mayor Pro Tem Mark Waldman, City of La Palma Mayor Fred Freeman, City of Los Alamitos Mayor Art Brown, City of Buena Park Young Chai and Ed Munson, Cypress Chamber of Commerce Commander Alan "Doc" Polivka, Veterans of Foreign Wars Post 9847 Don Gras, Forest Lawn William and Judy Farrell, Cypress Stake of the Church of Jesus Christ of Latter-Day Saints The City Council recognized the following long-term families and businesses in attendance: Kenny Allen, Kenny's Muffler, in business since 1961 Mary Barke, Duke & Duchess, in business 30 years Victor Konig, resident since 1941 Frank Correia, Jr., resident since 1945 Florence Tanaka, resident since 1948 2 CITY COUNCIL MINUTES 207 JULY 24,2006 Anna Underwood, resident since 1948 Jerry Shumard, resident since 1963 REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The Assistant City Attorney reported that the City Council met in Closed Session regarding Conference With Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241-231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, Under Negotiation: Site Status, Price and Terms of Payment. The Assistant City Attorney reported that staff provided an update and no action was taken. The Assistant City Attorney reported that the Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager, was not held. 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. Mary Crowder, Cypress, spoke regarding the editorial in the News Enterprise about Council Member Seymore. Jerry Sharber, Cypress, spoke regarding the driving range at the Navy Golf Course. Council Member Seymore thanked Girls Softball and Cypress Auto Tow for their donation of golf carts at the Cypress Community Festival. 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 AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 81-4, A REQUEST TO EXPAND THE OFFICE SQUARE FOOTAGE AND ADD NEW PARKING AREA IN FRONT OF THE EXISTING INDUSTRIAL BUILDING LOCATED AT 6550 KATELLA AVENUE WITHIN THE PC-2 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. Council Member McGill asked if the landscaping would be harmonious with the properties to the east and west of the subject parcel. The Associate Planner indicated that the Mitsubishi building located to the west does not include a parking area in the front and, therefore, does not have any berming. The property to the east does have a slight berm in front because it does have parking adjacent to Katella Avenue. Additionally, included is a condition of approval that requires submission of a landscape plan that requires low lying shrubs on top of the berm that will totally screen the parking area from Katella Avenue, and thus should be consistent with the adjacent properties. 3 208 CITY COUNCIL MINUTES JULY 24, 2006 Mayor Sondhi commented on the loss of a tremendous amount of green space. She stated that she would have been more comfortable if a more conceptual idea of landscaping had been included, even though the City Council was not looking to approve landscaping tonight. The public hearing was opened. The applicant's representative, Caryn Shurtz, Vice President of Development and Acquisitions, bkm Development Company, was present to answer any questions. Mayor Pro Tem Luebben questioned Ms Shurtz about a specific tenant for the site and the proposed increase in parking. Ms Shurtz indicated that the increased parking was a condition of their lease. 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 stated that he is very appreciative of property owners and property managers bringing in good corporations to provide good jobs and revenue to the City. He expressed his concern regarding the existing green space, but appreciated staff's vigilance on the appearance of the Katella corridor. Mayor Pro Tem Luebben stated that one of the first major corporations to settle in Cypress was Yamaha. The City is proud of the amount of green space and set back at the Yamaha site, and how beautiful the location remains today. He stated that he does not like to lose green space, but is very much in favor of doing whatever we need to do, within reason, to attract more corporate headquarters to our City. Council Member McCoy also agreed that he would like for this to look aesthetically pleasing. He stated that he would like the landscape requirements to enhance the frontage on Katella. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, for Amendment No. 2 to Conditional Use Permit No. 81-4, subject to the conditions attached hereto in Exhibit "A" of the Resolution. 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. 5967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO.2 TO CONDITIONAL USE PERMIT NO. 81-4 - 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 Seymore and seconded by Council Member McCoy, to approve Consent Calendar Items NO.2 through 11. 4 CITY COUNCIL MINUTES 209 JULY 24, 2006 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 Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF JULY 10, 2006. Recommendation: Approve as submitted, with Mayor Sondhi abstaining due to her 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: ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION FOR THE CONTRACT PERIOD JULY 1, 2006 THROUGH JUNE 30, 2009. Recommendation: That the City Council adopt the Resolution by title only, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Police Management Association. RESOLUTION NO. 5968 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item NO.5: ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION FOR THE CONTRACT PERIOD JULY 1, 2006 THROUGH JUNE 30, 2007. Recommendation: That the City Council adopt the Resolution by title only, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Employees' Association. RESOLUTION NO. 5969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No.6: ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE SUPERVISORS' ASSOCIATION FOR THE CONTRACT PERIOD JULY 1,2006 THROUGH JUNE 30,2007. Recommendation: That the City Council adopt the Resolution by title only, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Maintenance Supervisors' Association. 5 210 CITY COUNCIL MINUTES JULY 24, 2006 RESOLUTION NO. 5970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE SUPERVISORS' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item NO.7: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR THE CLASSIFICATIONS OF HUMAN RESOURCES ANALYST, HUMAN RESOURCES TECHNICIAN, MANAGEMENT ANALYST, MANAGEMENT ASSISTANT, AND SECRETARY TO THE CITY MANAGER. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing salaries for the classifications of Human Resources Analyst, Human Resources Technician, Management Analyst, Management Assistant, and Secretary to the City Manager. RESOLUTION NO. 5971 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, AMENDING RESOLUTION NO. 5870 AND ESTABLISHING COMPENSATION FOR THE CLASSIFICATIONS OF HUMAN RESOURCES ANALYST, HUMAN RESOURCES TECHNICIAN, MANAGEMENT ANALYST, MANAGEMENT ASSISTANT, AND SECRETARY TO THE CITY MANAGER. Item NO.8: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR EXECUTIVE MANAGEMENT POSITIONS AND MID-MANAGEMENT POSITIONS. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, establishing salaries for Executive Management positions and Mid-Management positions. RESOLUTION NO. 5972 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, RESCINDING RESOLUTION NO. 5868 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 5973 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, RESCINDING RESOLUTION NO. 5869 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR MID-MANAGEMENT POSITIONS. Item NO.9: SPECIAL TAX LEVY FOR FY 2006-07 WITHIN COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommendation: That the City Council, acting as the legislative body of Community Facilities District NO.1 (Sorrento Homes), authorize the levy of a special tax for fiscal year 2006-07 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification. 6 211 CITY COUNCIL MINUTES JULY 24, 2006 RESOLUTION NO. 5974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2006-2007 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2006. Recommendation: That the City Council receive and file the Investment Report for the month of June, 2006. Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 76280 THROUGH 76517. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 12: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2006- 05, A PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX I - ZONING, TABLES 2-2 AND 2-4, SUBSECTIONS 3.17.200, 6.31.020(G), AND 6.31.020(S), RELATING TO SECOND DWELLING UNITS. 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, for Zoning Ordinance Amendment No. 2006-05, A Proposal to Amend the Cypress City Code, Appendix I - Zoning, Tables 2-2 and 2-4, Subsections 3.17.200, 6.31.020(G), and 6.31.020(S), Relating to Second Dwelling Units. 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 ORDINANCE NO.1 080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE, APPENDIX I - ZONING, BY AMENDING TABLE 2-2 AND 2-4 OF ARTICLE 2, SECTION 5, AMENDING SECTION 3.17.200, AND AMENDING SECTIONS 6.31.020(G) AND 6.31.020(S) RELATING TO SECOND DWELLING UNITS. UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No. 13: APPROVAL OF CITY COUNCIL COMPENSATION INCREASE. The Acting City Manager provided background information on this item. 7 212 CITY COUNCIL MINUTES JULY 24, 2006 Council Member McGill commented on service as a Council Member and the reward of service to the community. Mayor Sondhi stated that she agreed with Council Member McGill's comments. She stated that it is a service role and this is a small way to prevent a burden on the Council by that service leadership. Mayor Sondhi stated that she felt that it was important that this increase be extended to the incoming Council Members. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Luebben, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, introduce for first reading the Ordinance by title only, adjusting the City Council monthly compensation for the year 2005 by $38 and 2006 by $39 to a new salary of $832 per month, effective January 1,2007, as provided for by Cypress City Code and State law. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING SECTION 2-3.3(B) OF THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL COMPENSATION BY A 5% COST OF LIVING INCREASE. 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. Mayor Sondhi wished the City of Cypress a Happy 50th Birthday. She noted that the City will be celebrating for the entire year and urged everyone to watch for future events. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member McCov: Attended the Cypress Community Festival and thanked City staff and the Festival Committee for their hard work. Mavor Pro Tem Luebben: Attended the Cypress Community Festival and the Cypress Festival Mayor's Breakfast. Attended an O.C. Sanitation District Board meeting, Finance, Administration, and Human Resources Committee meeting, and a meeting with external auditors. Mayor 8 CITY COUNCIL MINUTES 213 JULY 24, 2006 Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Council Member Seymore: Attended the Concert on the Green. Attended the Cypress Festival Mayor's Breakfast. Attended an O.C. Fire Authority Board meeting regarding ambulance contracts and contract negotiations. Attended the Cypress Community Festival. Council Member McGill: Attended an O.C. Fire Authority Board meeting where he was presented with a plaque with six others who are termed out. Attended the Cypress Community Festival. Mayor Sondhi: Attended the Cypress Festival Mayor's Breakfast and other Festival events. Commended businesses and residents who showed their support for the Community Festival and staff on the 5k/10k run. She felt that the best event on the public stage was the special honor and recognition given to Miss Ginger, the dance instructor who has been with the City for 25 years. ITEMS FROM CITY MANAGER: No items. Mayor Pro Tem Luebben provided clarification on an item brought up earlier regarding a member of the Council trying to prohibit another member of the Council from their right to speak at the last meeting, which was not the case. He stated that at the last Council meeting, there was an item upon which Council Member Seymore was conflicted and by law was not allowed to comment on that specific item and was so noted on the agenda. He stated that he would never try to silence one of his fellow Council Members. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:42 p.m. to Monday, August 14, 2006, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: ruu.uJlt fbadruY) CITY CLERK OF THE CITY OF CYPRESS 9