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Minutes 2000-10-23MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 23, 2000 A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor Piercy in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council Members McCoy, Sondhi, Mayor Pro Tern McGill, Mayor Piercy Council Member Keenan Also present were City Manager Importuna, City Attorney Wynder, and staff members Keith Carter, John Hensley, June Liu, Jeff Sinn, and Richard Storey. The Director of Public Works/City Engineer presented a Workshop discussing the City's truck route system. He discussed criteria on how streets are determined to be truck routes and also how streets are determined to be inappropriate for truck traffic. Staff provided a map showing which arterial highways are currently designed as truck routes in the City of Cypress. The majority of arterials are either major or primary arterials, which provide truck drivers with continuity as they travel from city to city. Information was also provided on the process for adding or deleting an arterial from a truck route. Staff was directed to have the Traffic Commission look at the truck routes in the City and to also have the Commission evaluate the continuing need of Ball Road and Cerritos Avenue as truck routes. At 5:52 p.m., the Mayor recessed the meeting, to enable the Council to convene in Closed Session in the Council Chamber Conference Room to discuss the following agendized items: (1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a), Barry Cannata v. City of Cypress, et al. Case Number 816075, Orange County Superior Court Central Justice Center; (2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a), Claimant: Matthew Robinson, Agency claimed against: City of Cypress; and (3) CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6), Agency negotiator: Richard Storey, Employee Organization: Cypress Police Officers Association. 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 Piercy. PRESENT: Council Members McCoy, Sondhi, Mayor Pro Tem McGill, Mayor Piercy ABSENT: Council Member Keenan Also present were City Manager Importuna, City Attorney Wynder, and staff members Acosta, Commerdinger, DeCarlo, Hensley, Liu, Sinn, and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. CITY COUNCIL MINUTES OCTOBER 23, 2000 INVOCATION: The invocation was given by Mayor Pro Tern McGill. PRESENTATIONS: Mayor Piercy presented the first Grace Lachina Outstanding Volunteer Award to Otto Sinn. The award, a perpetual trophy that will hang in the Senior Center, recognizes a community senior for outstanding contribution to the senior community. Dan Pressburg, Marketing Director for the City of Long Beach 4th Annual Veteran's Day Parade, provided information on the parade, ceremonies and entertainment for the event that will be held on November 11th, at 10:00 a.m. Ghazala Khan, Charles Abbott Associates, presented Mayor Piercy with a monetary award that the Mayor had won at the Charles Abbott Associates booth at the League of California Cities Annual Conference. Mayor Piercy then presented the $750.00 check to Jim Miley, Executive Director of the Boys and Girls Club of Cypress. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager advised that the Council met and discussed issues relating to truck routes established in the community. Truck routes designate where trucks over three tons can travel through cities. Specifically, the Ball Road, Cerritos Avenue and Lincoln Avenue routes were discussed as to whether they are necessary or obsolete. Staff was directed to work with the Traffic Commission and re-evaluate all of the City's truck routes. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Council met and conferred regarding Existing Litigation (Government Code Section 54956.9(a), Barry Cannata v. City of Cypress, et al, Case Number 816075, Orange County Superior Court Central Justice Center. The City Attorney reported to the Council that the case had been settled within the parameters previously authorized by the City Council. A fully executed settlement agreement has been signed by all parties and is available in the City Clerk's Office. The City Attorney reported that the Council met and conferred regarding Existing Litigation (Government Code Section 54956.9(a), Claimant: Matthew Robinson, Agency claimed against: City of Cypress. The City Attorney reported that a status report on the proceeding before the Workers' Compensation Appeals Board had been provided to the Council. The City Council authorized a strategy to be pursued to settle the remainder of the claim. Finally, the City Attorney reported that the Council met and conferred with the Labor Negotiator regarding the status of negotiations between the Cypress Police Officers Association and the City, pursuant to Government Code Section 54957.6. Mr. Storey, the City's labor negotiator, reviewed the latest proposal from the Cypress Police Officers Association and discussed its meaning and implications. The City Council authorized the making of a last, best and final offer to the Cypress Police Officers Association. ORAL COMMUNICATIONS: L/M/TED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Piercy asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. 2 CITY COUNCIL MINUTES OCTOBER 23, 2000 Brigitte Wolfe, Cypress Masterworks Chorale, invited the City Council to the Cypress College Masterworks Chorale concert called "Opera for Dummies" on Saturday, October 28th at 7:30 p.m. Joseph Edward Garcia, 4542 Rainier Drive, Cypress, (Agenda Item #17) provided pictures to the City Council of the tree in front of his home. He expressed his concern about the damage the tree roots have done to the sidewalk, and also about the berries on the tree which he feels cause a hazard to pedestrians, and vehicles that park under the tree. He has also been told that the berries are toxic to both humans and birds. Mick Hansen, Boys and Girls Club of Cypress, thanked the Mayor for her donation to the Club. He also thanked the Council for their support at the eighth annual Wine and Food Festival. CONSENT CALENDAR: All matters listed on the Agenda under "Consent CalendaF' 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 McCoy requested Item #13 be pulled from the Consent Calendar. It was moved by Council Member McCoy and seconded by Council Member Sondhi, to approve the Consent Calendar, Items No. 2 through 15. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, Sondhi, McGill and Piercy 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING OF OCTOBER 9, 2000. Recommendation: That the City Council approve the Minutes of the Regular Meeting of October 9, 2000, as submitted. Item No. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: PROCLAIMING OCTOBER 21, 2000, AS THE "BOYS & GIRLS CLUB OF CYPRESS' 8TM ANNUAL WINE & FOOD FESTIVAL DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim October 21, 2000, as the "Boys & Girls Club of Cypress' 8t~ Annual Wine & Food Festival Day" in the City of Cypress. Item No. 4: PROCLAIMING OCTOBER 22-28, 2000, AS "CHILDHOOD LEAD POISONING PREVENTION WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim October 22-28, 2000, as "Childhood Lead Poisoning Prevention Week" in the City of Cypress. Item No. 5: PROCLAIMING NOVEMBER 2000, AS "INFLUENZA PREVENTION MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim November 2000, as "Influenza Prevention Month" in the City of Cypress. 3 CITY COUNCIL MINUTES OCTOBER 23, 2000 Item No. 6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-33L A REQUEST TO INSTALL A BUILDING SIGN FOR ROCKWELL, LOCATED AT 5836 CORPORATE AVENUE IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-33 - with conditions. RESOLUTION NO. 5313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-33 - WITH CONDITIONS. Item No. 7: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-34, A REQUEST TO INSTALL ONE (1) BUILDING SIGN FOR DIEBOLD, LOCATED AT 11331 VALLEY VIEW STREET IN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-34 - with conditions. RESOLUTION NO. 5314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-34 - WITH CONDITIONS. Item No. 8: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-35, A REQUEST TO CONSTRUCT A 975 SQUARE-FOOT, TWO-STORY ADDITION ONTO AN EXISTING 1,473 SQUARE-FOOT, ONE-STORY HOUSE, LOCATED AT 5431 MYRA AVENUE IN THE RS-6,000 RESIDENTIAL SINGLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-35 - with conditions. RESOLUTION NO. 5315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-35 - WITH CONDITIONS. Item No. 9: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-36t A REQUEST TO ALLOW AN EXISTING 38 SQUARE-FOOT MONUMENT-STYLE SIGN, LOCATED AT 10801 WALKER STREET IN THE PBP-25A PLANNED BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-36 - with conditions. RESOLUTION NO. 5316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-36 - WITH CONDITIONS. Item No. 10: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-37, A REQUEST TO CONSTRUCT A 30 SQUARE-FOOT MONUMENT SIGN FOR THF TARA VILLAGE APARTMENTS LOCATED AT 5201 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. 4 CITY COUNCIL MINUTES OCTOBER 23, 2000 Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-37 - with conditions. RESOLUTION NO. 5317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-37 - WITH CONDITIONS. Item No. 11: ONE YEAR REVIEW OF A SPECIAL PERMIT TO CONDUCT A SECONDHAND BUSINESS FOR THE SALE OF SECONDHAND MERCHANDISE - ALOHA JOE'S COLLECTIBLES, LOCATED AT 4455 CERRITOS AVENUE. Recommendation: That the City Council receive and file. Item No. 12: REJECTION OF BIDS FOR CARPTEING THE CYPRESS COMMUNITY CENTER, PUBLIC WORKS PROJECT NO. 2000-16. Recommendation: That the City Council reject all bids for carpeting the Cypress Community Center building. Item No. 14: REVIEW OF INVESTMENT PROGRAM FOR THE MONTH OF SEPTEMBER, 2000. Recommendation: That the City Council receive and file. Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 45485 THROUGH 45734. Recommendation: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR Item No. 13: ACCEPTANCE OF GRANT FUNDS AND APPROPRIATION FOR THF PURCHASE OF TECHNOLOGY EQUIPMENT. Council Member McCoy commented that the $116,956 obtained from the government grant was in addition to allotted general fund monies that will provide much needed equipment and services. It was moved by Council Member McCoy and seconded by Mayor Pro Tem McGill, that the City Council 1)Accept the California Law Enforcement Equipment Program Grant in the amount of $116,956 and place it into the unreserved fund balance of the General Fund; 2)Approve an increase of estimated revenues for fiscal year 2000/2001, in the unreserved fund balance of the General Fund account 3525-11-999-99 in the amount of $116,956; 3)Appropriate $30,000 from the unreserved fund balance of the General Fund to the Mobile Data Computer account number 4453-90-656-35; and 4)Appropriate $2,802 from the unreserved fund balance of the General Fund to the Police Equipment account number 4305-90-657-36. The motion was unanimously carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: McCoy, Sondhi, McGill and Piercy NOES: 0 COUNClLMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Keenan NEW BUSINESS Item No. 16: REQUEST TO REMOVE A PARKWAY TREE AT 5094 MELBOURNF DRIVE. APPLICANT: MR. JOHN MAGGINETTI. The Public Works Director provided a CITY COUNCIL MINUTES OCTOBER 23, 2000 brief explanation of the applicant's request, indicating that the tree does not meet the City's criteria for removal. Council Member Sondhi expressed concern over the stability of the tree. The Public Works Director indicated the tree was not unstable at this time. The Public Works Director confirmed for Council Member McCoy that sidewalk repair history could be made available for future removal requests. It was moved by Mayor Pro Tem McGill and seconded by Council Member McCoy to deny the applicant's request to remove the parkway tree. The motion unanimously carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: McCoy, Sondhi, McGill and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Keenan Item No. 17: REQUEST TO REMOVE A PARKWAY TREE AT 4542 RAINIER DRIVE. APPLICANT: MR. ED GARCIA. The Public Works Director provided a brief explanation of the request, indicating that the tree does not meet the City's criteria for removal. In response to Council Member McCoy, the Public Works Director stated that the roots above ground could cause some damage in the future, but if trimmed properly, the trees do reasonably well. It was moved by Council Member McCoy and seconded by Mayor Piercy, to deny the applicant's request to remove the parkway tree. The motion carried with the following roll call vote: AYES: 3 COUNCILMEMBERS: McCoy, McGill and Piercy NOES: I COUNCILMEMBERS: Sondhi ABSENT: I COUNCILMEMBERS: Keenan Item No. 18: REQUEST TO REMOVE A PARKWAY TREE AT 5023 SEQUOIA AVENUE. APPLICANT: MS. APRIL BLOODWORTH. The Public Works Director provided a brief explanation of the request, indicating that the tree does not meet the City's criteria for removal. In response to Council Member Sondhi, the Public Works Director stated the tree could be trimmed to assist in making it healthier and more aesthetic. It was moved by Mayor Pro Tem McGill to give the homeowner the option to remove and replace the tree at her expense. Motion failed due to lack of a second. It was moved by Council Member Sondhi and seconded by Council Member McCoy, to deny the applicant's request to remove the parkway tree. The motion carried with the following roll call vote: AYES: 3 COUNCILMEMBERS: McCoy, Sondhi, and Piercy NOES: I COUNCILMEMBERS: McGill ABSENT: I COUNCILMEMBERS: Keenan RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. CITY COUNCIL MINUTES OCTOBER 23, 2000 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items were presented. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Joseph Edward Garcia, 4542 Rainier Drive, Cypress, asked staff if options are given on what type of parkway tree is planted in a specific location. He is concerned about future root damage by the current tree. The Public Works Director stated there is an approved tree list and that trees are chosen that are most appropriate for the area. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Piercy requested reports from the Council Members on their respective committee assignments. Council Member McCoy No meetings to report. Mayor Pro Tern McGill No meetings to report. Council Member Keenan Absent. Council Member Sondhi No meetings to report. Mayor Pieroy No meetings to report. Council Member Sondhi reported that Council Member Keenan had been invited by OCTA and was attending a special transportation land use environment connection meeting in Lake Arrowhead. Council Member Sondhi also reported that she attended the Orange County League of Cities meeting where a private/public compensation comparison was presented. Mayor Pro Tern McGill reported that he attended the St. Irenaeus golf tournament, the annual commission dinner to honor the members of the various commissions in the City, and the Boys and Girls Club Wine and Food Festival. Council Member McCoy stated he also attended the annual commission dinner, which he felt allowed the City Council the opportunity to get to know the commissioners better. Mayor Piercy reported that she also attended the annual commission dinner, and the police volunteer luncheon to recognize the time given by the citizens. Two volunteers were recognized for volunteering 1,000 hours: Beverly Martin and Allen Thomas. The Mayor attended the Red Ribbon Week kickoff breakfast this morning. She stated the La Palma Days Parade Committee is looking for convertible cars to carry dignitaries for their 16th annual parade on Saturday, November 11th, from 9:15 a.m. to 12:00 noon. This year's theme is "A California Celebration." 7 CITY COUNCIL MINUTES OCTOBER 23, 2000 ITEMS FROM CITY MANAGER: No items to report. ADJOURNMENT: Mayor Piercy adjourned the meeting at 8:25 p.m. to Monday, October 30, 2000, at 5:30 p.m., for an Interview Session for Applicants for Appointment to the Cable TV & Technology Commission and Traffic Commission in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. MAYOR OF THE CITY OF CYI~RE,~S ATTEST: oiTY OF ¥ 'RESS 8