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Minutes 2001-04-09MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 9, 2001 A regular meeting of the Cypress City Council was called to order at 5:35 p.m. by Mayor McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor McGill ABSENT: Mayor Pro Tem Sondhi Also present were City Manager Importuna, City Attorney Wynder, and staff members Commerdinger, Hawkins, Sinn, and Storey. The Planning Manager presented a workshop on Commercial and Industrial Parking Space Standards and Parking Provisions for Infill Residential Housing. He stated the workshop was in response to concerns over compact parking spaces, existing standards and their adequacy, and practical applications of parking standards in the field, and the adequacy of parking in residential units. The Associate Planner stated the current standards for commercial and industrial parking in the City allow a combination of standard and compact parking spaces. The standard size is 9 x 20 feet and the compact is 8 1/2 x 15 feet. Staff contacted 30 other cities to determine which cities allowed compact parking spaces. They were also surveyed on standard space size, aisle widths, practical use of compact spaces, and allowable landscape overhang. Results of this survey were evaluated for applicability to Cypress and then presented to the Executive Team for evaluation and input. The Associate Planner stated the majority of Orange County cities no longer permit compact spaces due to incompatibility of compact spaces with today's larger vehicles, use of two compact spaces by one oversized vehicle, lack of vehicles that can still be accommodated in compact spaces, and complications that are associated with irregular shaped parking lots. Most cities have a shallower standard size parking space in the 18 to 19 foot range. Staff is proposing the following: 1) Eliminate the future use of compact spaces; 2) Reduce the depth of existing standard space from 20 to 18 feet. The width would remain the same; and 3) Landscape overhang changed from 2 ~ feet to 2 feet providing there is at least 3 feet of landscape or the sidewalk is at least 4 feet wide. The Associate Planner stated the practical applications of the proposal include: 1) Parking lot design can be maximized using only one sized parking space and uniform spacing; 2) Elimination of larger vehicles taking up two compact spaces; 3) Larger parking areas would benefit from additional rows of parking due to shallower space depth; and 4) Additional landscape area provided within parking lot given shallower overhang and new landscape depth requirement. Council Member Piercy asked how many parking spaces would be lost by only allowing standard parking spaces. The Planning Manager stated the number of spaces remains relatively the same because the standard size space helps eliminate doubling up of larger vehicles in two compact spaces. CITY COUNCIL MINUTES APRIL 9, 2001 The Planning Manager stated staff was asked to look at parking standards for infill housing. Current standards for small lot single family housing is two spaces in the garage plus two spaces in the driveway plus one guest space per unit. For single family, detached and attached housing, the standard is two spaces per unit. Staff contacted 25 agencies throughout the state regarding their standards for parking for infill housing. Of these agencies, 17 had no separate standards and eight had standards that only moderately addressed the infill issue. The majority of the agencies tie residential parking standards to bedroom count or overall unit square footage. In all cases, the current Cypress requirement of five spaces per unit is a higher standard. The Planning Manager stated based on staffs findings, it is proposed to maintain the current standard based on site design issues, higher development costs of providing parking area versus landscape area, and incentive to have residents park their vehicles in the garage rather than using it as storage. At 6:05 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 7:08 p.m. by Mayor McGill. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor McGill ABSENT: Mayor Pro Tern Sondhi Also present were City Manager Importuna, City Attorney Wynder, and staff members Belmer, Commerdinger, DeCarlo, Hensley, Liu, Sinn, and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Keenan. INVOCATION: The invocation was given by City Attorney VVynder. PRESENTATIONS: Pat Ochoa, American Legion Post #295, presented a donation to the Cypress Police Department D.A.R.E. Program in the amount of $1,000 and an additional $250 to be used for the Police Department Open House. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The Mayor asked for the report of the Workshop Agenda discussed earlier in the evening. The City Manager reported that the Council met regarding parking standards in commercial, industrial and residential in-fill projects. Staff recommended that compact parking spaces be eliminated in-lieu of modernized standard spaces. A revised ordinance will be brought back to Council at a later date. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported the City Council met in a Joint Closed Session with the Cypress Redevelopment Agency. The Redevelopment Agency met regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Property: Approximately 75 acres at northwest corner of Katella Avenue and Walker Street within the Los Alamitos Race CITY COUNCIL MINUTES APRIL 9, 2001 Track and Golf Course Redevelopment Project Area; Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel; Under negotiation: Price and Terms of Payment. No action was taken nor was any solicited. The City Attorney reported the City Council and Redevelopment Agency met regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b); Number of cases: Four. No action was taken nor was any solicited. The City Attorney reported the Council met regarding Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957. A report was provided to the Council. The City Attorney reported the remaining Closed Session items will be considered at the end of the regular Agenda, time permitting. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Mary Crowder, Cypress, spoke in favor of allowing Cottonwood Church in the City. She also stated that she feels Holder Street needs to be improved. Tony Ingegneri, Eller Media Company, stated that Eller Media has provided bus shelter service in the City for the past five years. The City has recently chosen another company to provide this service, which he feels will not provide the same quality service. He asked the City Council to continue this item on tonight's agenda. Brian O'Neal, La Palma, representing the Scholarship Foundation of John F. Kennedy High School, invited the Council to attend a dinner on May 5, 2001, at the La Palma Community Center at 6:45 p.m., to assist high school students defray some of the costs of college. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: APPEAL OF PLANNING MANAGER'S DECISION REGARDING A CONDITIONAL USE PERMIT APPLICATION: A REQUEST BY JONATHAN CURTIS OF SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP, TO APPEAL THE DECISION OF THE PLANNING MANAGER REGARDING THE COMPLETENESS OF A CONDITIONAL USE PERMIT APPLICATION FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET WITHIN AREA 5 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. The Planning Manager provided information on this item. It was moved by Council Member McCoy and seconded by Council Member Keenan, to continue this item to the May 14, 2001 meeting. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sondhi 3 CITY COUNCIL MINUTES APRIL 9, 2001 Item No. 2: PUBLIC HEARING REGARDING THE 2001-2008 CAPITAl IMPROVEMENT PROGRAM. The Public Works Director presented the recommended improvements for the 2001- 2008 Capital Improvement Program. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Keenan and seconded by Council Member Piercy, to receive and file the report. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I Item No. 3: COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill COUNCILMEMBERS: None COUNCILMEMBERS: Sondhi PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-03, A REQUEST TO CONSTRUCT A PARKING LOT AREA ON THE PREVIOUS UNION PACIFIC RAILROAD PROPERTY LOCATED NORTH OF CHIP AVENUF BETWEEN VALLEY VIEW STREET AND HOLDER STREET IN THE PS PUBLIC & SEMI-PUBLIC ZONE TO PROVIDE BOTH PUBLIC AND SHARED PARKING FOR 10800 VALLEY VIEW STREET AND 10824 HOPE STREET WITHIN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE. The Planning Manager provided information on this item. The public hearing was opened. The applicant, John Law, Warland Investments, stated he agreed with the report provided by staff. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Council Member McCoy, to adopt the Resolution approving Conditional Use Permit No. 2001-03 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sondhi RESOLUTION NO. 5380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2001-03 - WITH CONDITIONS. 4 CITY COUNCIL MINUTES APRIL 9, 2001 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 Keenan requested Items No. 7, 9, 10, and 19 be pulled from the Consent Calendar. It was moved by Council Member Piercy and seconded by Council Member McCoy, to approve Consent Calendar Items No. 4 through 6, 8, 11 through 18, and 20-24. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 4: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Sondhi APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 26, 2001. Recommendation: That the City Council approve the Minutes of the Meeting of March 26, 2001, as submitted. Item No. 5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 6: PROCLAIMING THE MONTH OF APRIL, 2001, AS "FAIR HOUSING MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of April, 2001, as "Fair Housing Month" in the City of Cypress. Item No. 8: PROCLAIMING APRIL 15-21, 2001, AS "NATIONAL ORGAN DONOR AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 15-21, 2001, as "National Organ Donor Awareness Week" in the City of Cypress. Item No. 11' APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-02, A REQUEST TO APPROVE SIGNAGE FOR THE TACO BELL DRIVE-THRU RESTAURANT LOCATED AT 5502 LINCOLN AVENUE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-02 - with conditions. RESOLUTION NO. 5381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-02 - WITH CONDITIONS. 5 CITY COUNCIL MINUTES APRIL 9, 2001 Item No. 12: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-05, A REQUEST TO INSTALL A BUILDING WALL SIGN ON THE BUILDING LOCATED AT 6601 DARIN WAY. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-05 - with conditions. RESOLUTION NO. 5382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-05 - WITH CONDITIONS. Item No. 13: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-06, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR TWO (2) OFFICE BUILDINGS LOCATED AT 6021 AND 6141 KATELLA AVENUE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-06 - with conditions. RESOLUTION NO. 5383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-06 - WITH CONDITIONS. Item No. 14: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-07, A REQUEST TO INSTALL A WALL SIGN AND MONUMENT SIGN FOR PERKIN ELMER INSTRUMENTS LOCATED AT 11240 WARLAND DRIVE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-07 - with conditions. RESOLUTION NO. 5384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-07 - WITH CONDITIONS. Item No. 15: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, authorizing submittal of a funding request to the State of California Department of Conservation, Recycling Division, pursuant to the California Beverage Container Recycling and Litter Reduction Act. RESOLUTION NO. 5385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITrER REDUCTION ACT. 6 CITY COUNCIL MINUTES APRIL 9, 2001 Item No. 16: ADOPTION OF RESOLUTION TO COMMEND BUENA PARK POLICF CHIEF RICHARD M. TEFANK UPON HIS RETIREMENT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, to commend Buena Park Police Chief Richard M. Tefank upon his retirement. RESOLUTION NO. 5386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BUENA PARK POLICE CHIEF RICHARD M. TEFANK UPON HIS RETIREMENT. Item No. 17: APPROVAL OF SETTLEMENT AGREEMENT IN THE CASE OF ROSALEE L. DEES V. CITY OF CYPRESS, ET AL. Recommendation: That the City Council approve the attached Settlement Agreement between Rosalee L. Dees, the City of Cypress, S.J. Burkhardt, Inc., and Mt. Hawley Insurance Company. Item No. 18: ACCEPTANCE OF BALL ROAD IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 9840, AND WALKER STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 9841. Recommendation: That the City Council: 1) Accept the improvements and six (6) related change orders for Ball Road Improvements, Public Works Project No. 9840, as being satisfactorily completed in conformance with the project specifications in the final amount of $1,230,801.29; and 2) Accept the improvements and one (1) related change order for Walker Street Rehabilitation, Public Works Project No. 9841, as being satisfactorily completed in conformance with the project specifications in the final amount of $129,963.19; and 3) Approve the final retention payment of $136,076.45 to All American Asphalt, P.O. Box 2229, Corona, California 92878-2229, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed, and upon concurrence of the Director of Public Works; and 4) 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, and upon concurrence of the Director of Public Works. Item No. 20: RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR CONSTRUCTION OF THE POLICE DEPARTMENT FIRING RANGE AND TRAINING FACILITY. Recommendation: That the City Council: 1) Award a professional architectural services contract for preparation of final plans, specifications, and estimates for the construction of the police department firing range and training facility to Alexander and Hibbs, AIA Incorporated, 1200 North Jefferson Street, Suite A, Anaheim, California 92807. The costs of these services are not to exceed $49,928 (award amount of $47,550 plus 5% contingency); and 2) Approve the transfer of $49,928 from the unreserved General Fund balance to Fund 15 Capital Improvement Projects Program; and 3) Appropriate $49,928 from the fund balance of Fund 15 to Account No. 4189-15- 844-24 for the payments of architectural services. Item No. 21: APPROVAL OF AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR REDEVELOPMENT AGENCY AND SPECIAL COUNSEl SERVICES. Recommendation: That the City Council approve the attached Amended and Restated Contract Services Agreement for Redevelopment Agency and Special Counsel Services as submitted. 7 CITY COUNCIL MINUTES APRIL 9, 2001 Item No. 22: AWARD OF CONTRACT FOR PREPARATION OF CITY'S SEWER MASTER PLAN AND APPROVAL OF AMENDMENT TO THE SEWER MASTER PLAN AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT, PUBLIC WORKS PROJECT NO. 2000-06. Recommendation: That the City Council: 1) Award a contract to AKM Consulting Engineers, 101 Pacifica, Suite 150, Irvine, California 92618, in the amount of $70,000 for Preparation of City's Sewer Master Plan; and 2) Appropriate $70,000 from the Unreserved Fund Balance of the Sewer Fund to Account No. 4189-11-436-24; and 3) Approve an increase in the estimated revenues (Other Grants, 3525-41) in the amount of $35,000 to reflect reimbursement from Orange County Sanitation District; and 4) Authorize the Mayor to execute the agreement with AKM Engineering; and 5) Authorize the Mayor to execute Amendment No. 1 to Cooperative Project Program Contract No. 0001 with Orange County Sanitation District; and 6) Authorize staff to submit an application to Orange County Sanitation District requesting matching funds for a Condition Assessment Plan project to supplement the Sewer Master Plan project. Item No. 23: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 47776 THROUGH 47975. Recommendation: Approve the attached warrant register. Item No. 24: EMPLOYEE REQUEST FOR AUTHORIZED LEAVE OF ABSENCF WITHOUT PAY. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, deny the attached employee request for leave without pay. Regarding Item No. 7: PROCLAIMING APRIL 9-15, 2001, AS "NATIONAL PUBLIC, SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS, Council Member Keenan, as the City's representative to West Corem, stated he wanted to acknowledge the work of the dispatchers who answer the 911 and police department calls. It was moved by Council Member Keenan and seconded by Council Member Piercy, to officially proclaim April 9-15, 2001, as "National Public Safety Dispatcher Week" in the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill COUNCILMEMBERS: None COUNCILMEMBERS: Sondhi RegardinR Item No. 9: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-10, A CITY INITIATED REQUEST TO MAKE A MINOR MODIFICATION TO THE SIGN GUIDELINES CONTAINED IN THE SPECIFIC PLANS FOR VARIOUS BUSINESS PARK DEVELOPMENTS LOCATED IN THE PC-l, PC-2, PC-3, PC-4, PC- 5, AND PBP PLANNED BUSINESS PARK ZONES, Council Member Keenan stated he had concerns about subdivision and signage at the business parks. This would allow some authorization to applicants without going through the Design Review Committee process or appearing before the City Council. The Planning Manager stated that this is a response to leasing in the business parks, in that the larger, single tenant buildings are being divided and leased out to multiple users in the same building. Each tenant then requests signage for their business with a maximum of two signs. CITY COUNCIL MINUTES APRIL 9, 2001 AYES: NOES: ABSENT: It was moved by Council Member Keenan and seconded by Council Member McCoy, to adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-10 -with conditions. The motion was unanimously carried by the following roll call vote: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNCILMEMBERS: None I COUNCtLMEMBERS: Sondhi RESOLUTION NO. 5387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-10- WITH CONDITIONS. Re.qardin,q Item No. 10: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-55, A REQUEST TO AMEND AN EXISTING SIGN PROGRAM PERTAINING TO WALL SIGNAGE FOR MULTIPLE TENANTS AT THE EXISTING OFFICE/WAREHOUSE BUILDING LOCATED AT 5757 PLAZA DRIVE, Council AYES: NOES: ABSENT: Member Keenan stated his concerns were the same as Item No. 9. It was moved by Council Member Keenan and seconded by Council Member McCoy, to adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-55 - with conditions. The motion was unanimously carried by the following roll call vote: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Sondhi RESOLUTION NO. 5388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-55 - WITH CONDITIONS. Re_qardin~ Item No. 19: AWARD OF A FRANCHISE TO INSTALL AND MAINTAIN BUS SHELTERS IN THE CITY OF CYPRESS, PUBLIC WORKS PROJECT NO. 2000- 2~3, Council Member Keenan stated he would like to hear from staff on why this vendor was chosen. The Public Works Director replied that the current franchise expired in September 2000. The City requested proposals in which there were two respondents: Eller Media and Culver Amherst. Reference checks were made and Culver Amherst was chosen primarily due to the larger amount of money promised to the City plus additional advertising revenue. Council Member Keenan stated that if the Council enters into an agreement he would like to have protection for the City to terminate if the company does not meet the City's expectations. Council Member McCoy asked why another contract was not entered into after the September 2000 expiration. The Public Works Director stated the current company has continued to provide services while the City has been assembling and receiving proposals for services. 9 CITY COUNCIL MINUTES APRIL 9, 2001 It was moved by Council Member McCoy and seconded by Council Member Piercy, that the City Council direct the City Attorney and staff to prepare the necessary agreement to provide a franchise for a ten year period to Culver Amherst, LLC, 17472 Apex Circle, Huntington Beach, California 92647, per the details in the City's Request for Franchise Proposals and the terms of their proposal as outlined in this report, and return to City Council at a subsequent meeting for approval of this agreement. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill COUNCILMEMBERS: None COUNCILMEMBERS: Sondhi END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 25: SECOND READING OF ORDINANCE TO ADOPT THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CiViC CENTER PROJECT. The Community Development Director provided background information on this item. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Ordinance adopting the Third Amendment to the Redevelopment Plan for the Civic Center Redevelopment Project. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 3 COUNCILMEMBERS: Keenan, Piercy, and McGill 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Sondhi 1 COUNCILMEMBERS: McCoy Council Member McCoy did not participate in this action due to his ownership of property in proximity to the project. ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT. UNFINISHED BUSINESS Item No. 26: CONSIDERATION OF WRI'I-FEN RESPONSES TO WRITTEN OBJECTIONS SUBMITFEDIN CONNECTION WITH THE SECOND AMENDMENT TO THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. The Community Development Director stated that a public hearing had been held and that written objections were received to the proposed plan amendment. Staff and Agency Counsel are still in the process of preparing written responses and conferring with the parties that filed the responses, therefore, staff is recommending that this item be continued. It was moved by Council Member Piercy and seconded by Council Member Keenan, to continue this item. 10 CITY COUNCIL MINUTES APRIL 9, 2001 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sondhi NEW BUSINESS No items were presented. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Item No. 27: ACCEPTANCE OF $380 DONATION FROM THE GILES FAMILY, AND THE APPROPRIATION OF $380 FOR PURCHASE OF A PARK BENCH TO BE PLACED AT OAK KNOLL PARK. The Recreation and Parks Director provided information on this item. It was moved by Council Member Piercy and seconded by Council Member McCoy, that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $380 from Kenneth and Dianne Giles, and increase the Recreation and Park District estimated revenue account #3713 (Donations) by $380; and 2) Appropriate $380 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account 4113-12-301-10 for the purchase of one park bench to be placed at Oak Knoll Park. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sondhi CYPRESS REDEVELOPMENT AGENCY MA'II'ERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 8:10 p.m. in Joint Session with the City Council. PRESENT: ABSENT: ConsentCalendar: Agency Board Members Keenan, McCoy, Piercy, Chairperson McGill Agency Vice Chairperson Sondhi It was moved by Agency Board Member Keenan and seconded by Agency Board Member Piercy, to approve Consent Calendar Item Nos. 28 and 29. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 AGENCY MEMBERS: Keenan, McCoy, Piercy, and McGill 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: Sondhi 11 CITY COUNCIL MINUTES APRIL 9, 2001 Item No. 28: APPROVAL OF AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR REDEVELOPMENT AGENCY AND SPECIAL COUNSEL SERVICES. Recommendation: That the Redevelopment Agency approve the attached Amended and Restated Contract Services Agreement for Redevelopment Agency and Special Counsel Services as submitted. Item No. 29: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PROJECT MANAGEMENT SUPPORT SERVICES AND APPROPRIATION OF FUNDS. Recommendation: That the Cypress Redevelopment Agency Board: 1) Approve the Consultant Services Agreement ("Agreement") with the Rosenow Spevacek Group, Inc., to provide project management staff services on a consulting basis in a total amount not to exceed $20,000; and 2) Approve appropriations from the respective unreserved Agency fund balances as follows: From the Housing Set Aside Fund (Fund 36) to account 4189-36-196-06 (professional services housing) in the amount of $4,000; From the Lincoln Avenue Project Area Fund (Fund 37) to account 4189-37- 195-06 (professional services Lincoln Avenue) in the amount of $2,000; From the Civic Center Project Area Fund (Fund 35) to account 4189-35-194-06 (professional services Civic Center) in the amount of $7,000; From the I_ART Project Area Fund (Fund 38) to account 4189-38-197~06 (professional services I_ART) in the amount of $7,000. Unfinished Business: Item No. 30: ORDINANCE ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND THE NEGATIVE DECLARATION PREPARED IN CONNECTION TO THE SECOND AMENDMENT. The Deputy Executive Director stated it was staff's recommendation to continue this item to allow staff additional time to confer with the parties who have filed written objections. It was moved by Agency Board Member Keenan and seconded by Agency Board Member McCoy, to continue this item. The motion was unanimously carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Sondhi The Redevelopment Agency was adjourned at 8:13 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended an OCTA committee meeting where service changes for bus service that will take effect in June were approved. Attended SCAG meeting where a regional transportation plan was approved. Attended Student/Business Leadership Partnership 12 CITY COUNCIL MINUTES APRIL 91 2001 breakfast sponsored by the Cypress Chamber of Commerce. Also attended an open house for a new Warland building at Valley View and Katella. Council Member Piercy: Attended dual meeting of the O.C. Sanitation District and O.C. Water Board where a decision to proceed was made on the groundwater replenishment project. Attended an Operation and Maintenance Technology subcommittee meeting for the O.C. Sanitation District where outfall into the ocean and dumping of biosolids were discussed. Attended Cypress High School Grad Night auction and dinner to raise funds for a safe graduation night celebration. Council Member McCoy: Shared a letter he received from Assemblyman Maddox regarding the O.C. Fire Authority issue. Mayor McGill: Attended Student/Business Leadership Partnership breakfast sponsored by the Cypress Chamber of Commerce. Met with Jim Silva and discussed many issues from a regional park in the area to airport issues. ITEMS FROM CITY MANAGER: None. The City Council recessed at 8:25 p.m. to Closed Session. The City Council reconvened at 9:02 p.m. The City Attorney reported that the Council met regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: Richard Storey and William Wynder; Employee Organization: Cypress Police Officers Association. The City Council was briefed on the CPOA proposal and staff received limited negotiating authority from the Council. The City Attorney reported the Council also met regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Walters v. City of Cypress, et al., Case Number 00-113117-FMC, United States District Court. The City Council was briefed and authorized a second and further settlement offer. The City Attorney reported the Council met regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimants: Wilburn E. Warman, Sandra L. Warman, Frank M. Hardy, Christina S. Hardy, and Frank V. Hardy; Agency claimed against: City of Cypress. The City Council unanimously authorized the rejection of all claims. ADJOURNMENT: Mayor McGill adjourned the meeting at 9:05 p.m., in memory of Steve Apodaca, former Mayor of San Clemente, to Monday, April 23, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTESt.' ,~ ,~ ~ t TY cYPREss 13