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Minutes 2006-10-23 265 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 23,2006 A regular meeting of the Cypress City Council was called to order at 5:55 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: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Interim City Clerk Denise Basham The 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. The City Attorney reported that the Redevelopment Agency would be meeting in Closed Session regarding Conference With Real Property Negotiator, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel, Under Negotiation: Price and Terms of Payment. At 5:56 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 7:06 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: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger 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 Finance Manager Matt Burton Associate Planner Doug Hawkins 266 CITY COUNCIL MINUTES OCTOBER 23, 2006 Associate Planner Kori Nevarez Interim City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Acting City Manager stated that the City Council met earlier this evening at the Cypress Community Center for the groundbreaking for the renovation and modernization of the Community Center. 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 met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. The City Attorney stated that there was a brief report on the ongoing recruitment process. The City Attorney further reported that the Redevelopment Agency met in Closed Session regarding Conference With Real Property Negotiator, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel, Under Negotiation: Price and Terms of Payment. The City Attorney stated that there was a privileged and confidential status report. No reportable action was taken, nor was any solicited. 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. Mayor Sondhi indicated that there will not be a Public Hearing on Item No. 1 because the Public Hearing had been conducted a few meetings ago. Individuals desiring to make comments on Item NO.1 should do so under "Oral Communications". Linda Metzidis, Cypress College Masterworks Chorale, invited the City Council to "Life on the Wicked Stage" concert on October 28th and October 29th, at Cypress College. Glenda Smith, Cypress, spoke regarding the meter usage charge on her water bill. Nina Nabedrik, Cypress, spoke regarding issues at the senior apartments on Grindlay. Ben Chai, spoke regarding Agenda Item NO.1. Mike Keesler, Cypress, spoke regarding Agenda Item No.1. Joseph McGill, Fullerton, spoke regarding Agenda Item NO.1. Sengly Tun, Long Beach, spoke regarding Agenda Item NO.1. David Dildine, Little Caesar's Pizza, spoke regarding Agenda Item NO.1. 2 267 CITY COUNCIL MINUTES OCTOBER 23, 2006 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item NO.1: CONTINUATION OF PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-08 AND SPECIFIC PLAN AMENDMENT NO. 2006-01 , A REQUEST TO CONSTRUCT A WALGREENS DRUG STORE WITH A DRIVE-THRU PHARMACY AT THE SOUTHEAST CORNER OF LINCOLN AVENUE AND VALLEY VIEW STREET (6006 LINCOLN AVENUE) IN THE PC PLANNED COMMUNITY ZONE. AND ELIMINATE THE MAXIMUM FRONT YARD SETBACK REQUIREMENT IN THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. Mayor Sondhi stated that the Public Hearing had been conducted at the last Council meeting where the Council heard public comments and that the Public Hearing was closed at that time. The Associate Planner provided updated information regarding the issues discussed at the last meeting on this item and the added Conditions of Approval Nos. 81 and 82. Mayor Pro Tem Luebben commented on the public input received on this item. He stated that as much as he sympathized with the business owners and hated to see any of them go away, he was reluctant to try to legislate what someone can do with their land on that corner. Mayor Sondhi indicated that over the last eight years, she had participated in quite a few workshops and meetings regarding Lincoln Avenue. She stated that the vision of Lincoln Avenue incorporates a concept of a pedestrian friendly component, and the section that is in question, is part of a specific zone that was identified as "Campus Village". She noted that in the early 1990's a Redevelopment Project Area incorporating the corridor was adopted and that in August 2002, the City Council received a report indicating that one of the components of the plan in that particular Campus Village Area was to examine the feasibility of pursuing mixed use developments along the corridor. Mayor Sondhi stated that she did not believe that Walgreen's had the right to build on that location. More specifically, she felt that the City had developed a marketing plan that talks about a "small-town feel" and therefore, differed with staff's interpretation. Council Member McGill stated a Redevelopment District makes it unusual because often there are zoning laws that apply very specifically to that particular property. The initial modification that the Council received in 1998 talked about a development plan that is oriented to a college population. He stated that his only issue was the long-term businesses and that the cost of doing business, to replace/displace long relationships and businesses within our community doesn't come about without a cost. Council Member Seymore stated the he wasn't opposed to the project but wanted some compensation or help to the existing businesses so that they can remain in the City. He stated that he would like a period of time greater than 30 days prior to the termination of the leases for the applicant to provide a list of commercial brokers and/or alternative retail locations to all interested business tenants of the commercial center. Mayor Pro Tem Luebben expressed his concern about the community and these businesses, and about land rights uses. Council Member McGill questioned staff regarding continuing this item for two weeks to allow time for clarity and for a full Council vote. The City Attorney stated that if the City Council was deadlocked on this issue, it should be continued. He stressed that the City has no control over whether these leases expire or not. There is no Redevelopment Agency money involved in this transaction so there is no way that the City can provide financial relocation assistance, nor can the 3 268 CITY COUNCIL MINUTES OCTOBER 23, 2006 City compel the applicant to do so. Further, the issues of leases and lease renewal are a landlord-tenant issue over which the City has no jurisdiction. The City Attorney stated that the real issue is if the application complies with the zoning in the Specific Plan. He stated that staff interpretation of the law is not the interpretation of the law, but a best collective professional judgment; the Council can concur or respectfully disagree. It was moved by Mayor Pro Tem Luebben that the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, approving Conditional Use Permit No. 2006-08, subject to the conditions in Exhibit "A"; and 3) Introduce for first reading the Ordinance by title only, amending Section 4.5.1 of the Lincoln Avenue Specific Plan to eliminate the maximum front yard setback requirement within the Campus Village District of the Lincoln Avenue Specific Plan. The motion died for lack of a second. It was moved by Council Member McGill and seconded by Council Member Seymore, that the item be continued to the November 13, 2006 City Council meeting. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: McGill, Seymore and Sondhi NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 1 COUNCIL MEMBERS: McCoy Item No.2: PUBLIC HEARING REGARDING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. C-197, A REQUEST TO ALLOW FOUR (4) ADDITIONAL MOBILE HOME SPACES IN AN EXISTING MOBILE HOME PARK LOCATED AT 9080 BLOOMFIELD STREET IN THE MHP MOBILE HOME PARK ZONE. The City Attorney recused himself from the Council Chambers due to his ownership of property in the project area. The Associate Planner provided background information on this item. Mayor Sondhi questioned staff regarding the remaining recreational amenities and the new 10 foot recreational strip. The Associate Planner indicated that the center of the site contains the amenities (recreation building, pool, open basketball/handball court area, laundry building and manager's unit). The additional recreational area is on the north perimeter of the site. Mayor Sondhi questioned staff on what was to the left of the new 10 foot strip. The Associate Planner reported that this is an unusual case, where the original property line actually ended up in the street and was dedicated an easement for the roadway so that the curb and gutter are actually behind the property line on Lincoln Avenue. The concrete block wall will be lowered to 42 inches high and openings created. She stated that a new six foot tall block wall will be constructed 10 feet into the lawn area that is on the street side of the existing block wall and that there would still be another 10 feet of lawn area on the street side of the new block wall. Council Member McGill asked about the trees. The Associate Planner stated that as many items as possible would be maintained and anything that was displaced would be replaced. The public hearing was opened. 4 269 CITY COUNCIL MINUTES OCTOBER 23, 2006 Abe Arrigotti, Kort & Scott Financial Group, stated that he would address any questions presented by the mobile home residents. 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 following Lincoln Center Mobile Home Park residents spoke in opposition to the project: Gonzalo and Sean Reyes Rosemarie Kneba Violet Chapman Tanya Gandara Samii Taylor Yakovetic Sherry Reddington Susan Rhodes Fred Wagner Joseph Yakovetic John Potter Jim Leger Veronica Blakeman Sandy Deal Teri Adams David Higa Mr. Arrigotti responded to concerns presented by the residents (drainage, lighting, pedestrian access, stop signs, child safety, home size, air conditioning, locked gates, telephone wiring, ADA accessibility, etc.) and to the petitions that were submitted from the residents. He requested postponing the item for 30 days to allow them to meet with residents regarding their concerns. Mayor Sondhi questioned Mr. Arrigotti about the removal of part of the playground area. Mr. Arrigotti suggested the possibility of reworking the design a little to reduce the amount of loss. Mayor Pro Tem Luebben questioned the applicant on the electrical system and the usage increase today. Mr. Arrigotti clarified that they brought in the experts when they purchased the property who told them what could be done to prevent drawing down the amperage on the system. The public hearing was closed. Council Member McGill questioned staff on the open space requirements for this application. He discussed mathematical open space versus practical open space. Mayor Pro Tem Luebben commented on property owner responsibilities, fairness, and equity to the people. He stated that unless money was invested in the infrastructure, he was reluctant to approve an increase in density. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Luebben, to deny staff's recommendation to approve Amendment No. 2 to Conditional Use Permit No. C-197, a request to allow four (4) additional mobile home spaces in an existing mobile home park located at 9080 Bloomfield Street in the MHP Mobile Home Park Zone. 5 270 CITY COUNCIL MINUTES OCTOBER 23, 2006 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy RESOLUTION NO. 5989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. C-197 The meeting was recessed at 9:58 p.m. The meeting was reconvened at 10:07 p.m. Item NO.3: PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2006-06, A PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX I - ZONING SECTION 3.14.050.C.7, RELATING TO DRIVEWAY LANDSCAPE BUFFER REQUIREMENTS. The Associate Planner provided background information on this item. 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 Seymore, that the City Council introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2006-06. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 3.14.050.C.7 OF THE CYPRESS ZONING ORDINANCE RELATING TO DRIVEWAY LANDSCAPE BUFFERS. Item NO.4: PUBLIC HEARING RELATING TO LAW ENFORCEMENT BLOCK GRANTS: CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS. The Police Captain provided background information on this item. Mayor Pro Tem Luebben requested clarification because of possible misstatements in the Orange County Register this week. He clarified that this is a funding mechanism only to pay for certain salaries of existing police officers. Council Member McGill stated that the City is very fortunate to keep receiving this grant. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. 6 271 CITY COUNCIL MINUTES OCTOBER 23, 2006 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 Mayor Pro Tem Luebben, that the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve the continued use of grant funds for one (1) police services officer position, which was approved in fiscal year 1999/2000. These funds, $74,660, will pay for the police services officer's salary for fiscal year 2006/2007; and 3) Approve the continued use of the remaining funds for one (1) police officer position, which was approved during fiscal year 2001/2002. These remaining funds, $27,122, will pay for a portion of that officer's salary for fiscal year 2006/2007. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy RESOLUTION NO. 5987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN INCREASE OF ESTIMATED REVENUES FOR FISCAL YEAR 2006/2007 IN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND TO BE USED TO PAY FOR THE SALARY OF A POLICE SERVICES OFFICER AND A PORTION OF THE SALARY FOR A POLICE OFFICER. 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 13. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy Item NO.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 9, 2006. Recommendation: That the City Council approve the Minutes of the Meeting of October 9, 2006, as submitted. Item NO.6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 7 272 CITY COUNCIL MINUTES OCTOBER 23, 2006 Item NO.7: REQUEST FOR A ONE-YEAR EXTENSION OF VARIANCE NO. 2005- 05, ALLOWING LANDSCAPE BUFFERS LESS THAN THREE FEET (3') WIDE ALONG A DRIVEW A y, LOCATED AT 5551 VONNIE LANE IN THE RM-15 RESIDENTIAL MUL TIPLE-FAMIL Y ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving the Extension of Variance No. 2005-05 (until August 22, 2007), subject to the conditions in Exhibit "A." ~t RESOLUTION NO. 5988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A ONE (1) YEAR EXTENSION OF VARIANCE NO. 2005-05 - WITH CONDITIONS. Item No.8: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT. Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues (3525-11-Grants) in the General Fund for the grant total of $27,125; and 3) Approve appropriations from the fund balance of the General Fund as follows: 4003-11-184-05 (overtime) in the amount of $27,125. Item NO.9: AWARD OF CONTRACT FOR THE INSTALLATION OF LEFT TURN MODIFICATIONS AT VARIOUS INTERSECTIONS, PUBLIC WORKS PROJECT NO. 2006-11. Recommendation: That the City Council: 1) Appropriate $110,000 from the unreserved fund balance of the Measure M Turnback Fund (Fund 39) and allocate to Account No. 4186-39-865-22 (Installation of Left Turn Modifications at Various Intersections); and 2) Award a contract for Public Works Project No. 2006-11 for the Installation of Left Turn ~. Modifications at Various Intersections, in the amount of $193,563, to Freeway Electric, Riverside, California; and 3) Award a contract for the purchase of traffic signal poles, in the amount of $37,476.53, to McCain, Vista, California; and 4) Authorize a contingency of $19,356 (10% of the 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. 10: AWARD OF CONTRACT FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR SIGNAL TIMING OF ARTERIAL GRID NETWORK. PUBLIC WORKS PROJECT NO. 2006-09. Recommendation: That the City Council: 1) Award a professional consulting services contract for Professional Traffic Engineering Services for Signal Timing of Arterial Grid Network, Public Works Project No. 2006-09, to Hartzog & Crabill, Inc., Tustin, California, in the amount of $122,040; and 2) Authorize a contingency of $12,204 (10% of contract 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. 11: REVI EW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2006. Recommendation: That the City Council receive and file the Investment Report for the month of September, 2006. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 77619 AND 77805 THROUGH 78003. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2005-06. 8 273 CITY COUNCIL MINUTES OCTOBER 23, 2006 Recreation and Park District Matters: Item No. 13: DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO ENTER INTO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDERS FOR PHASE 4 OF THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION - PROJECT NO. 2005-35. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, direct Griffin Structures Inc. (Project Manager) and its Construction Manager, Swinerton Builders, for Project No. 2005-35, Modernization and Expansion of Cypress Community Center, to enter into contract with the following lowest responsible bidders by trade in accordance to Section 3.7 of the July 10,2006 Council Approved Program Management Agreement: Trade Contractor Total Contract Amount Concrete Reinforcing Steel R&D Steel, Inc. $ 50,760.00 Cast-in-Place Concrete NuWay, Inc. 157,960.00 Building Insulation Insulcom 25,444.00 Ceramic Tile Inland Pacific Tile 92,800.00 Wood Flooring Pacific Carpets 53,326.00 END OF CONSENT CALENDAR ORDINANCES: 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. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Young Chai, Cypress Chamber of Commerce, provided an update on Chamber activities and events. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended the Red Ribbon Week breakfast. 9 274 CITY COUNCIL MINUTES OCTOBER 23, 2006 Council Member Seymore: Attended the Volunteers in Policing luncheon. Attended the O.C. League of California Cities meeting where he was elected to the Housing and Community Development Commission. Attended the Commissioners' Recognition dinner. Attended the Red Ribbon Week breakfast. Council Member Seymore reported on his attendance and involvement at various community events and activities. Mayor Pro Tem Luebben: ~ Congratulated Council Member Seymore for his election to the Housing and Community Development Commission. Attended an O.C. Sanitation District Finance, Administration, and Human Resource Committee meeting. Attended the Volunteers in Policing luncheon. Attended a special O.C. Sanitation District Board workshop. Attended the groundbreaking at the Cypress Community Center. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Mayor Sondhi: Attended the Commissioners' Recognition dinner. Attended the groundbreaking at the Cypress Community Center. ITEMS FROM CITY MANAG ER: No items. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:34 p.m. to Monday, November 13, 2006, beginning at 5:30 p.m. in the Executive Board Room. F HE CITY OF CYPRESS ATTEST: (OuuJU- fxUUv2fV\ CITY CLERK OF THE CITY OF CYPRESS fiii""'~' 10