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Minutes 2007-01-22 323 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 22, 2007 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Luebben in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Phil Luebben Mayor Pro Tern/Agency Vice Chair Todd Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Leroy Mills Council/Agency Board Member Prakash Narain Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Redevelopment Project Manager Steve Clarke Associate Planner Doug Hawkins CLOSED SESSION: The City Attorney reported that the Redevelopment Agency 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, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area. Negotiating Party: Acting Community Development Director/Deputy Executive Director; Under Negotiation: Site Status, Price and Ofter Terms of Payment. At 5:32 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 7:00 p.m. by Mayor Luebben. Members present: Mayor/Agency Chair Phil Luebben Mayor Pro Tern/Agency Vice Chair Todd Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Leroy Mills Council/Agency Board Member Prakash Narain 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 Kori Nevarez Interim City Clerk Denise Basham 324 CITY COUNCIL MINUTES JANUARY 22,2007 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey. INVOCATION: The invocation was given by City Attorney Wynder. PRESENT A TIONS: Roseann Andrus, Orange County United Way, presented the City with a Best Practices in Child Care Planning award. Ms Andrus discussed the Orange County Child Care Connections Collaborative and why the City was being honored. The Mayor provided background information on the Volunteer in Policing Program and presented a Certificate of Special Recognition to the volunteers in the Cypress Volunteer in Policing Program. Police Chief Hicks thanked and congratulated the volunteers. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Redevelopment Agency Board 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, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Acting Community Development Director/Deputy Executive Director; Under Negotiation: Site Status, Price and Offer Terms of Payment. The City Attorney stated there was a privileged and confidential evaluation of various proposals for development of this property. The Redevelopment Agency Board p,'*M:>o<'. gave staff further direction regarding these ongoing negotiations, but no reportable actions were taken. 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 Luebben asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Dr. Marjorie Lewis, Cypress College, spoke regarding the Cypress College Americana Awards Banquet on February 24,2007. Mary Crowder, Cypress, spoke regarding Holder Street. Burt Cundle, Cypress, spoke regarding renovations and code violations at his late father's residence. 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 TO DISCUSS ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT DISTRICT ON THE WEST SIDE OF KNOTT STREET AND A PORTION OF JONATHAN AVENUE. The Assistant City Engineer provided background information on this item. The public hearing was opened. 2 325 CITY COUNCIL MINUTES JANUARY 22, 2007 Mary Lou Cordero, Cypress, representing the petitioners, spoke regarding current and anticipated parking issues in the area. Mayor Luebben asked if there was anyone who wished to speak either in favor or against the item. The following spoke in opposition to denying the permit district: Pat Harris, Cypress Ronald Call, Cypress Cynthia Mejia, Cypress Ronald Vidal, Cypress Jonathan Doma, Cypress The public hearing was closed. Mayor Pro Tern Seymore asked if the Stanton City Council has been addressed regarding code enforcement and this issue. Mayor Luebben reopened the Public Hearing. Mr. Vidal stated that he has talked to the Stanton City Council and Stanton City Engineer and they are aware of the parking problem in the area. The public hearing was closed. Council Member Narain asked if staff observed parking during the evening hours. The Public Works Director stated that staff had been out there as much as possible at multiple times. Council Member Mills asked about tractor trailer vehicles parked on Knott and the parking of vehicles for three days. The Police Chief indicated that there is a 72-hour obligation to move a vehicle. Vehicles can be marked for some period of time and 72-hours from the time the vehicle was marked, the Police Department has authority to tow that vehicle away. With respect to the tractor trailers he would have to review ordinances for something specific, but the same 72-hour period applies. Council Member Bailey asked about parking restrictions on Knott and pedestrians crossing. He confirmed there was "No Parking" only on one side of the street. Mayor Luebben commented on policy guidelines and the 24-hour restriction, and stated that he was in favor of granting the request even though the 75% threshold was not met. Council Member Narain commented in favor of restricting parking for the residents, for at least overnight. Mayor Pro Tern Seymore asked the Chief about impacts the enforcement of parking restrictions would have on the department. The Chief stated that he was unable to comment on the impact parking restrictions would have at this time. He stated that the Police Department would enforce whatever restrictions are put in place and could report back in a few months about the impact on the Department. Council Member Bailey asked for clarification of the parking restriction timeframe. Mayor Luebben indicated that this request was for 24-hour restricted parking. 3 326 CITY COUNCIL MINUTES JANUARY 22, 2007 Mayor Luebben suggested a restriction less than 24-hours (possibly from 6:00 p.m. to 6:00 a.m. or whatever is reasonable). Mayor Pro Tern Seymore questioned staff on the 75% guideline and whether that is based on parking on both sides of the street or this particular street with single-sided parking. The Public Works Director stated that the 75% was based on the available parking spaces on the street. Council Member Mills expressed his concern about the safety issue. It was moved by Council Member Mills and seconded by Mayor Luebben, that the City Council, in accordance with the guidelines for the establishment of a Residential Parking Permit District as noted in Section 16-116 of the Cypress City Code, approve the formation of such a district on the west side of Knott Street (from 10541 through 10711 Knott Street) and Jonathan Avenue (from 6942 through 6992 Jonathan Avenue), 24 hours a day, seven days a week. Councilmember Bailey asked for clarification if the motion was a total restriction, rather than just overnight. Mayor Luebben indicated it was not the entire neighborhood, but just the specific street. A substitute motion was made by Mayor Pro Tern Seymore that the City Council, in accordance with the guidelines for the establishment of a Residential Parking Permit District as noted in Section 16-116 of the Cypress City Code, approve the formation of such a district on the west side of Knott Street (from 10541 through 10711 Knott Street) and Jonathan Avenue (from 6942 through 6992 Jonathan Avenue), 24 hours a day, seven days a week, with a six month review. The motion died for lack of a second. A substitute motion was made by Council Member Narain and seconded by Council Member Bailey, to approve the formation of such a district on the west side of Knott Street (from 10541 through 10711 Knott Street) and Jonathan Avenue (from 6942 through 6992 Jonathan Avenue), from 6:00 p.m. to 6:00 a.m., seven days a week. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None The Public Works Director reported that implementation of the restriction would go into effect within the next 30-90 days. Council Member Mills requested the residents provide feedback after this has been in place for a period of time. Mayor Pro Tern Seymore suggested that the residents continue to urge the Stanton City Council to enforce the parking codes in its city. Item NO.2: PUBLIC HEARING TO DISCUSS ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT DISTRICT ON LEE STREET AND LEE DRIVE. The Assistant City Engineer provided background information on this item. The City Attorney indicated that none of the City Council members are within 500 feet of the area under discussion. 4 327 CITY COUNCIL MINUTES JANUARY 22, 2007 The Assistant City Engineer confirmed for Council Member Bailey that currently there is no parking on Lee during school hours, so the request is to allow residents to park during school hours with a permit. The public hearing was opened. Mayor Luebben asked if there was anyone who wished to speak either in favor or opposition of the item. The public hearing was closed. It was moved by Mayor Pro Tern Seymore and seconded by Council Member Narain, that the City Council, in accordance with the guidelines for the establishment of a Residential Parking Permit District as noted in Section 16-116 of the Cypress City Code, approve the formation of such a district on Lee Street (from 9761 through 9792 Lee Street) and Lee Drive (from 6001 through 6182 Lee Drive) between the hours of 10 a.m. and 1 p.m. - school days only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item NO.3: PUBLIC HEARING TO DISCUSS ESTABLISHMENT OF A RESIDENTIAL PARKING PERMIT DISTRICT ON OXFORD DRIVE. The Assistant City Engineer provided background information on this item. Council Member Bailey questioned staff on the street location of the four adjacent properties. The Public Works Director indicated the addresses are on Oxford. The public hearing was opened. Mayor Luebben asked if there was anyone who wished to speak either in favor or opposition of the item. Robert Mumy, Cypress, requested Halifax Drive and Hanover Drive be included in the permit district. Larry Thatcher, Cypress, who circulated the petition, spoke in favor. Dan Ortiz, Cypress, asked to be included in the permit district. Star Johnson, Cypress, asked that all streets in the area be included. Wayne Wells, Cypress, spoke in favor but expressed opposition to the cost of the permit. Shelley Nix, Cypress, asked to be included in the permit district. The public hearing was closed. The City Attorney stated that the City can't just include one or two houses on Halifax in the Oxford District. If the residents on Halifax want to be in a parking district, they will have to circulate a petition and collect signatures on a relevant segment of their street. If they have the necessary support, and the parking counts warrant it, then another petition will be brought before the City Council. 5 328 CITY COUNCIL MINUTES JANUARY 22, 2007 The Public Works Director indicated there is a procedure to be followed and that residents can contact staff for the appropriate forms to be completed. Mayor Luebben provided clarification on the permit costs of $19 per vehicle. Council Member Bailey asked if this was a one-time fee. The Public Works Director indicated it is a one-time fee. .fl!'l'~,j Mayor Pro Tern Seymore questioned staff as to why the restricted hours did not start earlier, such as 8:00 a.m., rather than 10:00 a.m. Mayor Luebben felt it would be rare for a student to come for only one or two classes. It was moved by Council Member Mills and seconded by Council Member Narain, that the City Council, in accordance with the guidelines for the establishment of a Residential Parking Permit District as noted in Section 16-116 of the Cypress City Code, approve the formation of such a district on Oxford Drive (from 5243 through 5294 Oxford Drive and 5309, 5336, 5320, 5308 and 5924 Oxford that are the additional homes identified through the petition tonight) between the hours of 10 a.m. and 1 p.m. - school days only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item NO.4: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2005-06(A), A REQUEST TO RELOCATE THE OUTDOOR DINING AREA AT AN EXISTING FAST-FOOD RESTAURANT LOCATED AT 10501 KNOTT AVENUE IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. The Associate Planner provided background information on this item. Lee Petros, representing the applicant, requested that the patio hours begin at 7:00 a.m. since it is being moved further away from the residences and will be smaller. He also requested audio at the menu board due to the increased cost for the silent feature. Mayor Luebben asked for clarification on the applicant requests. Mr. Petros indicated that the same owner has 14 locations and that all the other locations have drive-thrus with audible menu boards. The public hearing was opened. Mayor Luebben asked if there was anyone who wished to speak either in favor or against the item. The public hearing was closed. Council Member Bailey asked staff about the menu board and audio requirements. The Associate Planner commented that the 10:00 a.m. start time is the policy for a patio whenever there is residential property adjacent. The environmental determinations are based on this start time, as are the mitigations. As an alternative, staff would suggest that the applicant give it a year, under the existing conditions, to see if there are any complaints on the current operation; perhaps then the applicant could propose a modification to hours of operation. 6 329 CITY COUNCIL MINUTES JANUARY 22, 2007 Mayor Luebben commented that he did not have a problem with them using the patio earlier because it was being moved to the Cerritos side which has a lot of traffic noise already. He did not favor the deviation on the conditions on the silent order board. It was moved by Mayor Pro Tern Seymore and seconded by Mayor Luebben, that the City Council adopt the Resolution by title only, title as follows, approving Amendment to Conditional Use Permit No. 2005-06(A), subject to the Conditions of Approval in Exhibit "A" of the Resolution, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2005-06(A) - 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. Council Member Mills requested Agenda Item No. 8 be pulled from the Consent Calendar. It was moved by Mayor Pro Tern Seymore and seconded by Council Member Bailey, to approve Consent Calendar Items NO.5 through 7 and 9 through 14. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item NO.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF JANUARY 2, JANUARY 4, AND JANUARY 8, 2007. Recommendation: That the City Council approve the Minutes of the Meetings of January 2, January 4, and January 8,2007, as submitted. Item No.6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONL Y AND TO WAIVE FURTHER READING. Item NO.7: A CITY INITIATED FIVE-YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 95-7. AN EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 6803 I NTERNA TIONAL AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council receive and file the report. Item NO.9: ACCEPTANCE OF MODIFICATION OF SEWER SYSTEM AT THE INTERSECTION OF MOODY STREET AND ALASKA AVENUE, PUBLIC WORKS PROJECT NO. 2006-04. Recommendation: That the City Council: 1) Accept Modification of Sewer System at the Intersection of Moody Street and Alaska Avenue, Public Works Project No. 2006- 7 33() CITY COUNCIL MINUTES JANUARY 22,2007 04, as being satisfactorily completed in conformance with the project specifications, in the final amount of $69,320; and 2) Approve the final retention payment of $6,932 to Powell Engineering Construction, Orange, California, thirty-five (35) days after 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. 10: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF MOODY STREET FROM NORTH CITY LIMIT TO LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2005-15. Recommendation: That the City Council: 1) Approve the plans and specifications for the Improvement of Moody Street from North City Limit to Lincoln Avenue, Public Works Project No. 2005-15; and 2) Appropriate $95,000 from the unreserved fund balance of the Street Lighting District Fund (Fund 25) to Account No. 4186-25-890-25 for the installation of street lights. Item No. 11: AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES. Recommendation: That the City Council award a two-year contract for graffiti abatement services to C.H. Painting and authorize the City Manager to execute the contract on behalf of the City, and direct the Director of Public Works/City Engineer to act as Contract Officer. Item NO.12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER. 2006. Recommendation: That the City Council receive and file the Investment Report for the month of December, 2006. Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78998 THROUGH 79158. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation & Park District Matters: Item No. 14: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT IN VARIOUS CITY PARKS, PUBLIC WORKS PROJECT NO. 2006-26. Recommendation: That the City Council, acting as ex-officio Governing Board of Directors for the Cypress Recreation and Park District, approve the plans and specifications for the installation of playground equipment and protective surfacing in various City parks, and direct staff to move forward with the formal bidding process. Reaardina Item NO.8: APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF A GATEWAY MONUMENT SIGN ON BALL ROAD AT THE EAST CITY LIMITS, PUBLIC WORKS PROJECT NO. 2006-25, Council Member Mills 11>' requested clarification on the cost of $25,000 for replacing the monument that was destroyed by another party. The Public Works Director reported that the cost is budgeted but the City will also go through its insurance company to obtain compensation from the party that caused the damage. It was moved by Council Member Mills and seconded by Mayor Pro Tern Seymore, that the City Council approve plans and specifications for Construction of a Gateway Monument Sign on Ball Road at the East City Limits, Public Works Project No. 2006-25. 8 331 CITY COUNCIL MINUTES JANUARY 22, 2007 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 15: SECOND READING OF AN ORDINANCE ADOPTING AMENDMENT TO PARK FEE ORDINANCE. It was moved by Mayor Pro Tern Seymore and seconded by Mayor Luebben, that the City Council adopt the Ordinance by title only, title as follows, amending Section 25-46 of the Cypress City Code and Establishing Park Development Fees within the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO.1 087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 25-46 OF THE CYPRESS CITY CODE AND ESTABLISHING PARK DEVELOPMENT FEES WITHIN THE CITY OF CYPRESS. 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 upcoming Chamber activities. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Luebben requested reports from the Council Members on their respective committee assignments. 9 332 CITY COUNCIL MINUTES JANUARY 22,2007 Council Member Mills: Council Member Mills requested that the reappointment of Rob Johnson to the Recreation and Community Services Commission be agendized. He commented on the Air Quality Management District's proposal of new fees on all new housing developments within the District and on the proposed change in the 714 area code by the Public Utilities Commission. He stated that a public hearing will be held on January 25, 2007 at the Huntington Beach City Council Chambers and urged the public to attend. Council Member Narain: Attended the League of California Cities' New Council Member Conference in Sacramento. Council Member Bailey: Attended the League's New Council Member Conference in Sacramento. Council Member Bailey reported on his attendance and involvement at various community events and activities. Mayor Pro Tern Seymore: Attended the Orange County Division, League of California Cities meeting. Mayor Pro Tern Seymore reported on his attendance and involvement at various community events and activities. Mayor Luebben: Attended the Orange County Mayor's Roundtable discussion at the Tiger Woods Learning Center. Mayor Luebben announced his appointment to the Orange County Sanitation District Finance Committee as Vice Chair, and his appointment to the OCSD Steering Committee. Mayor Luebben reported on his attendance and involvement at various community events and activities. Mayor Luebben commented on the passing of Cypress resident Pete Kinnahan. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Luebben adjourned the meeting in memory of Cypress resident Pete Kinnahan, at 9:10 p.m. to a Special Meeting on Monday, February 5, 2007, beginning at 5:00 p.m. in the Executive Board Room. ~ - MAYOR OF THE CITY OF CYPRESS ATTEST: ~ ~fV\ CITY CLERK OF THE CITY OF CYPRESS 10