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Minutes 2001-01-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 22,2001 A regular meeting of the Cypress City Council was called to order at 6:02 p.m. by Mayor McGill in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McCoy, Piercy (arrived at 6:14 p.m.), Mayor Pro Tern Sondhi, Mayor McGill ABSENT: None Also present were City Manager Importuna, City Attorney Wynder, and staff members Liu and Storey. The City Attorney requested the following item be added under Closed Session: CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Negotiator: Richard Storey, Employee Organization: Cypress Police Management Association. It was moved by Council Member Keenan and seconded by Council Member McCoy, to add the Closed Session item. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and McGill COUNCILMEMBERS: None COUNCILMEMBERS: Piercy 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 McGill. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor Pro Tern Sondhi, Mayor McGill ABSENT: None Also present were City Manager Importuna, City Attorney VVynder, and staff members Acosta, Commerdinger, DeCarlo, Hensley, Liu, Sinn, and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Girl Scout Junior Troop #29 INVOCATION: The invocation was given by City Attorney William Wynder PRESENTATIONS: The Mayor read and presented certificates to the following Holiday Decorating Contest Winners: Joan Hauser, Sweepstakes Award - Condo Category John and Shelly Bruno, Sweepstakes Award - Home Category (not present) CITY COUNCIL MINUTES JANUARY 22, 2001 Willows - A Floral Impression, Sweepstakes Award - Business Category Encore Cards Gifts and Collectibles, First Place Business Award (not present) REPORT OF CLOSED SESSION NVORKSHOP AGENDA: 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 regarding existing litigation, pursuant to Government Code Section 54956.9(a), Kenyon v. City of Cypress, et al., Case No. 818294, Orange County Superior Court Central Justice Center, and that Mr. Kenyon has dismissed his case, with prejudice, against the City. The purpose of the Closed Session was to determine if the Council wanted to pursue a recovery of attorney fees from Mr. Kenyon based on the lack of merit of the lawsuit. The Council unanimously directed the City Attorney to take no further action based on the additional costs to the City involved to pursue recovery. The City Attorney reported that the Council met regarding liability claims, pursuant to Government Code Section 54956.95, Claimants: David, Kristen, and Megan Quitmeyer, Agency claimed against: City of Cypress. The City Council was briefed on a strategy for defense by the City Attorney. To the knowledge of staff, a lawsuit has not been filed yet on this matter. The Council unanimously authorized the City's third party administrator to implement the recommended strategy. The City Attorney reported that the Council also met regarding labor negotiations with the Cypress Police Management Association to explain certain provisions of the draft Memorandum of Understanding. The City Council unanimously directed staff to continue with this item on the Consent Calendar. 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. Council Member Keenan stated the City of Los Alamitos would be holding its 10K/5K run on February 24, 2001, with the beneficiary being the Aquatics Foundation for the Olympic pool at the Joint Forces Training Base. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-20, A PROPOSED INDOOR BASEBALL TRAINING FACILITY TO BE LOCATED AT 9937 WALKER STREET IN THE CG-10,000 COMMERCIAL GENERAL ZONE. The Planning Manager provided background information on this item. Council Member Piercy removed herself from the dais and discussion on this item due to the proximity of her home to the project and potential conflict of interest. Mayor Pro Tem Sondhi asked if there is a specific definition for acceptable sound levels. The Planning Manager responded that staff was using the levels that are defined in the City Code which sets decibel amounts and times allowed. Mayor Pro Tem Sondhi asked that the days and times of operation be included in the Conditions of Approval. 2 CITY COUNCIL MINUTES JANUARY 22, 2001 The applicant, Joe Magno, provided the Council with background information on All American Baseball and introduced the coaching staff. He stated they are looking forward to working with the Cypress community. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Laura Downey, Investment Concepts, representing the landlords at Cypress Plaza Shopping Center, stated they are supportive and enthusiastic about having the All American Baseball training facility at the center. They are confident the facility will be very successful at the location. Joe Whang, Cypress Plaza Cleaners, stated he feels All American Baseball will be a good anchor tenant for the shopping center. Doug Bailey, President of Cypress Federal Little League Baseball, stated he is supportive of All American Baseball, and that the facility will provide a good training site for the ever-increasing youth sports programs. Chris Romo, Los Alamitos, stated he is a customer at All American Baseball, and that he feels it is an excellent opportunity for positive recreation in the community. Jim DeLeon, Cypress, stated he is in support of All American Baseball. He stated that he is impressed with the coaching staff and their dedication to the children. 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 McCoy and seconded by Mayor Pro Tem Sondhi, to adopt the Resolution Approving Conditional Use Permit No. 2000-20 - VVith Conditions, as amended. AYES: NOES: ABSENT: ABSTAIN: The motion was carried by the following roll call vote: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and McGill 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Piercy RESOLUTION NO. 5346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000-20 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING RELATING TO LAW ENFORCEMENT BLOCK GRANTS: CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS. The Police Chief provided background information on this item. 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. 3 CITY COUNCIL MINUTES JANUARY 22, 2001 It was moved by Council Member Piercy and seconded by Council Member McCoy, to: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Fund; 2) Approve an increase of estimated revenues for fiscal year 2000/2001, in the Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants account number 3525-30-999-99 for $106,422; 3) Approve the continued use of grants funds for one Police Services Officer position, which is a position that was approved in fiscal year 1999/2000. These funds will pay for fiscal year 2001/2002; 4) Transfer $53,402 from the unreserved fund balance of the Supplemental Law Enforcement Services Fund to the Capital Replacement Fund; 5) Appropriate $53,402 from the unreserved fund balance of the Capital Replacement Fund for the purchase of items listed in the report; and 6) Appropriate $6,350 from the fund balance of the Supplemental Law Enforcement Services Fund to the accounts designated in the report for equipment items. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None CONSENT CALENDAR: Afl 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. Mayor McGill requested Item No. 3 be pulled. The City Attorney requested Item No. 13 be pulled. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Sondhi, to approve Consent Calendar Items No. 4 through 12 and Items No. 14 through 16. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 COUNClLMEMBERS: None 0 COUNCILMEMBERS: None Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-45, A REQUEST TO CONSTRUCT A DETACHED RECREATIONAL VEHICLE GARAGF FOR A RESIDENCE LOCATED AT 8392 MARTINIQUE WAY. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-45 - with conditions. RESOLUTION NO. 5347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2000-45 - WITH CONDITIONS. Item No. 6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-46, A REQUEST FOR A SECOND-STORY ADDITION TO A RESIDENCE LOCATED AT 9186 GREGORY STREET. CITY COUNCIL MINUTES JANUARY 22, 2001 Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-46 - with conditions. RESOLUTION NO. 5348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2000-46 -WITH CONDITIONS. Item No. 7: ADOPTION OF RESOLUTION TO COMMEND CYNTHIA PAYNF DUGAN UPON HER RETIREMENT FROM THE LOS ANGELES UNIFIED SCHOOl DISTRICT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, commending Cynthia Payne Dugan upon her retirement from the Los Angeles Unified School District. RESOLUTION NO. 5349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, COMMENDING CYNTHIA PAYNE DUGAN UPON HER RETIREMENT FROM THE LOS ANGELES UNIFIED SCHOOL DISTRICT. Item No. 8: ADOPTION OF A RESOLUTION TO COMMEND THE ORANGE COUNTY STALLIONS BASEBALL CLUB. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending the Orange County Stallions Baseball Club. RESOLUTION NO. 5350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, COMMENDING THE ORANGE COUNTY STALLIONS BASEBALL CLUB. Item No. 9: ADOPTION OF A RESOLUTION AMENDING BENEFITS FOR MANAGEMENTEMPLOYEES. Recommendation: follows, amending employees. That the City Council adopt the Resolution by title only, title as Resolution No. 5131, establishing benefits for management RESOLUTION NO. 5351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 5131, ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES. Item No. 10: ADOPTION OF A RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND CYPRESS POLICF MANAGEMENT ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2000 - JUNE 30, 2003. Recommendation: That the City Council adopt the Resolution by title only, title as follows, ratifying the Memorandum of Understanding between the City of Cypress and the Cypress Police Management Association. CITY COUNCIL MINUTES JANUARY 22, 2001 RESOLUTION NO. 5352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No. 11: AWARD OF CONTRACT FOR PURCHASE OF FOUR PATROL VEHICLES. Recommendation: That the City Council 1) Approve the replacement of four (4) marked patrol vehicles with four (4) 2001 Crown Victoria Police Interceptors; and 2) Award a contract to purchase the four (4) 2001 Crown Victoria Police Interceptors from Wondries Fleet Division, 1247 West Main Street, Alhambra, California 91801, in the amount of $98,682. Item No. 12: ACCEPTANCE OF FINAL TRACT MAP NO. 16052. PROPERTY LOCATED AT 5201 ORANGE AVENUE. Recommendation: That the City Council approve Final Tract Map No. authorize the City Clerk to sign the record map. Item No. 14: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF 16052 and DECEMBER, 2000. Recommendation: Receive and file. Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 46800 THROUGH 46925. Recommendation: Approve the attached warrant register. RECREA T/ON & PA RK DIS TRIC T MA TTERS: Item No. 16: AWARD OF CONTRACT FOR INSTALLATION OF HARDWOOD FLOOR AT SENIOR CENTER, PUBLIC WORKS PROJECT NO. 9912. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Determine the lowest responsible bidder for Public Works Project No. 9912 to be Kerr Floors; and 2) Award a contract for installation of maple hardwood floor at Senior Center to Kerr Floors, 10581 Bloomfield Street, Los Alamitos, California 90720, in the amount of $46,244.64 (award amount of $38,537.20 plus 20% contingency). Regarding Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 8, 2001, Mayor McGill noted that on page 13 of the minutes, the Citizen of the Year for the Cypress College Americana Awards is Gary Tekely. It was moved by Council Member Keenan and seconded by Council Member McCoy, to approve the minutes as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None CITY COUNCIL MINUTES JANUARY 22, 2001 Regarding Item No. 13: EXECUTION OF PROMISSORY NOTES BETWEEN CITY AND THE CYPRESS REDEVELOPMENT AGENCY, the City Attorney asked the Council to consider approval of that portion of the repayment agreement and the promissory note between the City and the Redevelopment Agency with respect to Cypress Lighting District No. 2 and the Civic Center Project Area. All members of the Council are eligible to participate and vote on this portion of the agenda item. Mayor Pro Tem Sondhi asked why the repayment agreement was dated November 1, 2000, instead of January 2001. The Director of Finance and Administrative Services responded that the last note matured on October 31, 2000, and staff held off to see what direction the City was going with regards to all of the project areas. The next note must be dated right after the previous one has expired. Mayor Pro Tem Sondhi asked if the repayment agreement represents a joint agreement for both areas, and since two separate actions are being taken, does the agreement need to be rewritten and split out. The City Attorney responded that the repayment agreement does represent a joint agreement, and that the agreement does not need to be rewritten. The vote only authorizes the Mayor to execute the repayment agreement with respect to Lighting District No. 2 and the Civic Center Project Area. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve that portion of the repayment agreement and the promissory note between the City and the Redevelopment Agency with respect to Cypress Lighting District No. 2 and the Civic Center Project Area, and to authorize the Mayor to execute the same. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None It was moved by Council Member Piercy and seconded by Council Member Keenan, to: 1) Authorize execution of the remainder of the repayment agreement; 2) Authorize the Mayor to execute the agreement, and 3) Authorize the City to execute the promissory note with respect to the City, the Agency, and the Los Alamitos Race Course Project Area. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNClLMEMBERS: None 0 COUNClLMEMBERS: None 1 COUNCILMEMBERS: Sondhi Mayor Pro Tom Sondhi did not participate in this action due to her ownership of property in proximity to the project area. UNFINISHED BUSINESS No items were presented. END OF CONSENT CALENDAR CITY COUNCIL MINUTES JANUARY 22, 2001 NEW BUSINESS Item No. 17: CONSIDERATION OF WEST ORANGE COUNTY CITIES ASSOCIATION MEMBERSHIP. The Interim Community Development Director provided information on this item. Mayor Pro Tem Sondhi asked about the organization's plan and who would provide leadership for the group. Council Member Keenan stated that as a group, the participating cities could be marketed as a whole. At this time, Huntington Beach has taken the lead for the group. Council Member McCoy stated he would like a more detailed report outlining the structural development, leadership, what will be marketed from participating members, how Cypress would benefit as part of the organization, and the goals of the organization. Council Member Piercy stated organization not requiring dues. phased action plan only. the association has always been a voluntary The fee being requested is for the proposed four- Mayor McGill stated he felt this was an opportunity that will benefit community development in the city. It was moved by Council Member McCoy and seconded by Council Member Piercy, to approve the request to join the West Orange County Cities Association and execute the Letter of Agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None Item No. 18: REQUEST TO REMOVE A PARKWAY TREE AT 8253 CAROB STREET. APPLICANT: MR. WILLIAM NICOL. The Public Works Director provided a brief explanation of the applicant's request, indicating that the tree does not meet the City's criteria for removal. Council Member Piercy stated she drove by the home and saw that the tree was not causing any sidewalk damage, and that the resident may want to try a different type of grass that will grow easier in the parkway. It was moved by Council Member Piercy and seconded by Mayor Pro Tem Sondhi, to deny the request to remove the parkway tree. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MA'II'ERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. The City Council meeting was recessed at 8:52 p.m. 8 CITY COUNCIL MINUTES JANUARY 22, 2001 CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Cypress City Council, The Redevelopment Agency was called to order at 8:52 p.m. PRESENT: Agency Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Chairperson McGill ABSENT: None Item No. 19: EXECUTION OF PROMISSORY NOTES BETVVEEN CITY AND THE CYPRESS REDEVELOPMENT AGENCY. Agency Counsel stated the Redevelopment Agency would need to take two actions, with part one being a motion by the Agency to authorize the Executive Director to enter into that portion of the repayment agreement insofar as it applies to Lighting District No. 2 and the Civic Center Project Area, and to authorize the Chairman of the Agency to execute Promissory Note LD3. It was moved by Agency Member Keenan and seconded by Agency Member Piercy, to: 1) Authorize the Executive Director to enter into that portion of the repayment agreement as it applies to Lighting District No. 2 and the Civic Center Project area; and 2) Authorize the Chairman of the Agency to Executive Promissory Note LD3. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: AGENCY MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill AGENCY MEMBERS: None AGENCY MEMBERS: None Agency Counsel stated the second action needed from the remaining eligible members of the Redevelopment Agency would be a motion to authorize the Chairman of the Agency to execute the remaining portion of the repayment agreement, and to execute Note LART7 as they apply to that portion of the transaction between the Agency, the City, and with respect to the Los Alamitos Race Track and Golf Course Project Area. It was moved by Agency Member Keenan and seconded by Agency Member Piercy, to: 1) Authorize the Chairman of the Agency to execute that portion of the repayment agreement; and 2) Execute Note LART7, as they apply to the transaction between the Agency, the City, and with respect to the Los Alamitos Race Track and Golf Course Project Area. The motion was carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: I AGENCY MEMBERS: Keenan AGENCY MEMBERS: None AGENCY MEMBERS: None AGENCY MEMBERS: Sondhi McCoy, Piercy, and McGill Agency Vice Chairperson Sondhi did not participate in this action due to her ownership of property in proximity to the project area. The Redevelopment Agency was adjourned at 8:58 p.m. The City Council reconvened at 8:58 p.m. ORAL COMMUNICATIONS: ForMatters Not on the Agenda. None. 9 CITY COUNCIL MINUTES JANUARY 22, 2001 ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Keenan Attended and participated in a mentoring business leader breakfast for Youth 20/20 in La Palma. Attended an OCTA Committee meeting where the order for para-transit vehicles, which provides small bus access service for seniors and disabled persons, was expanded, and also executed a contract for ADA bus stop improvements. Attended an open house hosted by OCTA for the Center Line Project, where the public could see plans for the project. Attended an OCTA Board meeting today where a public hearing was held on the environmental impact report for the Center Line Project. Most of the comments were in favor of the project. Mayor McGill Attended an open house, after their remodeling, for the Cypress Evangelical Church. The church staff wanted to thank City staff for their assistance with the project. The Boys and Girls Club Adopt a Child program, to help those less fortunate attend the club, raised approximately $35,000. Attended an American Public Works Association event at the Queen Mary with Mayor Pro Tem Sondhi and Council Member Keenan. ITEMS FROM CITY MANAGER: The City Manager reported that the City's first State of the City Luncheon would be held on Wednesday, January 31, 2001. ADJOURNMENT: Mayor McGill adjourned the meeting at 9:10 p.m. to Monday, January 29, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: CLERk OF TH~j:;ITY OF CYPRESS 10