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Minutes 2001-02-12MINUTES OF A REGULAR MEETING OF THE CYPRESS ClTY COUNCIL HELD February 12, 2001 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor McGill in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McCoy (arrived at 5:34 p.m.), Piercy, Mayor Pro Tern Sondhi, Mayor McGill ABSENT: None Also present were City Manager Importuna, City Attorney Wynder, and staff members Acosta, Commerdinger, Hensley, Liu, Pollard, Sinn, and Storey. The Code Enforcement Officer presented an overview of garage sale activity in residential areas. He stated the City has received a number of complaints regarding garage sales in certain locations that are being held frequently or for extended periods of time. Staff contacted surrounding cities regarding their policies for regulating garage sales and received information regarding frequency allowed on an annual basis, tracking and enforcement, and whether permits are required. The draft ordinance was prepared using information from the sixteen responding cities. Staff is proposing two garage sales per year per property. The garage sales would be limited to three consecutive days per event within the hours of 8:00 a.m. and 5:00 p.m. Items must only be displayed on private property and would only include household items. Signage would not be allowed on the public right-of-way, but one sign would be allowed on the garage sale site that can be posted one day prior to the event and on the day of the event. The sign must be removed within one day after the garage sale. Staff is proposing a no-fee administrative permit. Permits would allow tracking of garage sales. The garage sale holder would need to come into the Community Development Department and pick up the permit where the information would then be placed in a database that would be accessible to staff and the Police Department. Council Member Piercy stated she would like residents to have the ability to place more than one sign for the garage sales, with penalties for those who don't remove their signs. Mayor Pro Tem Sondhi stated she would like to see a public education plan of the permit process for the public. The City Manager said staff would use a multi-media approach to make the public aware of the permit process. At 5:55 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) PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT/ EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957) Title: City Attorney; (2) CONFERENCE WITH LEGAL COUNSEL - EXISTING CITY COUNCIL MINUTES FEBRUARY 12, 2001 LITIGATION (Pursuant to Government Code Section 54956.9(a) Rosalee L. Dees v. City of Cypress, et. al., Case No. 810491, Orange County Superior Court Central Justice Center; (3) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b), Number of Cases: One; (4) LIABILITY CLAIMS (Government Code Section 54956.95) Claimant: Parveen Sehdev, Agency Claimed Against: City of Cypress; (5) LIABILITY CLAIMS (Government Code Section 54956.95) Claimant: Ronald H. Nakano, Agency Claimed Against: City of Cypress. 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 Wynder, and staff members Acosta, Commerdinger, DeCarlo, Hensley, Liu, Sinn, and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tern Sondhi INVOCATION: The invocation was given by Rabbi Bernard Rudnick, Mt. Olive Synagogue of Costa Mesa PRESENTATIONS: The Mayor read and presented a resolution commending the Kiwanis Club of Cypress on celebrating their 50th Anniversary. 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 a draft ordinance regulating garage sales in residential neighborhoods. Staff was directed to bring forward, within the next several weeks, an ordinance for Council consideration and approval. 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 Public Employee Appointment/Employment of the City Attorney pursuant to Government Code Section 54957. The City Attorney announced that he was withdrawing from the partnership of Rutan and Tucker, LLP, effective February 19, 2001, and would join the law firm of Burke, Williams and Sorensen, LLP. The City Council unanimously authorized the Mayor to enter into an agreement with Burke, Williams and Sorensen, LLP, appointing William Wynder to act as City Attorney and general counsel. The City Attorney reported that the Council met regarding Existing Litigation, pursuant to Government Code Section 54956.9(a), Rosalee L Dees v. City of Cypress, et. al., Case No. 810491, Orange County Superior Court Central Justice Center. The City Council unanimously authorized the City Attorney to pursue the strategy as discussed for the upcoming mandatory settlement conference. CITY COUNCIL MINUTES FEBRUARY 12, 2001 The City Attorney reported that the Council also met regarding Anticipated Litigation, pursuant to Government Code Section 54956.9(b). A proposed tolling agreement between the City of Cypress, Cypress Redevelopment Agency, and Cottonwood Christian Center was presented. The City Council authorized execution of the agreement by the Mayor. Mayor Pro Tern Sondhi did not participate on this item because of her ownership of property in proximity to the proposed project area. The City Attorney reported that the Council met regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Parveen Sehdev, Agency Claimed Against: City of Cypress. The City Council authorized rejection of the claim and directed the City Clerk to send a standard letter of rejection. The City Attorney reported that the Council met regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Ronald H. Nakano, Agency Claimed Against: City of Cypress. The City Council authorized rejection of the claim and directed the City Clerk to send a standard letter of rejection. 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. 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 background information on this item. A request to continue this item to April 9, 2001 was received in order to allow the City and representatives of Cottonwood Christian Center additional time to discuss matters. 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. It was moved Council Member Keenan and seconded by Council Member Piercy, to continue the public hearing to the Council meeting of April 9, 2001. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNClLMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Sondhi Mayor Pro Tern Sondhi did not participate in this action due to her ownership of property in proximity to the project area. CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-21, A REQUEST TO ALLOW AN OUTDOOR SEATING AREA FOR THE BHAVAS COFFEE HOUSE, LOCATED AT 9841 WALKER STREET. The Planning Manager provided background information on this item. Council Member McCoy asked if the outdoor furniture was going to be bolted to the cement or if the tables would be brought indoors at night. He stated that he would prefer seeing them brought in at night. The public hearing was opened. Grace Imamura, representative of the landlord of Cypress Plaza, stated that it was stipulated in the lease that the seating capacity for the patio area could not exceed ten, and that the patio furnishings could not be affixed to the concrete. 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 McCoy and seconded by Council Member Keenan, to approve Conditional Use Permit No. 2000-21 -With Conditions, as amended. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Piercy Council Member Piercy did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO. 5353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-21 - WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING VARIANCE NO. 2000-06, A REQUEST TO ALLOW A 7-FOOT TALL FENCE ALONG CRESCENT AVENUE WITHIN THE RESIDENTIAL FRONT YARD SETBACK OF THE SHADY GLEN CONDOMINIUM DEVELOPMENT LOCATED AT 8511-71 LA SALLE STREET AND 8512~52 BELMONT STREET. The Planning Manager 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. It was moved by Council Member McCoy and seconded by Council Member Keenan, to deny a variance from the terms of the Zoning Ordinance of the City of Cypress, Section 9.23.A and C, to allow a 7-foot tall fence within a residential front yard setback. 4 CITY COUNCIL MINUTES FEBRUARY 12, 2001 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 RESOLUTION NO. 5354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTIONS 9.23.A AND C, TO ALLOW A 7-FOOT TALL FENCE WITHIN A RESIDENTIAL FRONT YARD SETBACK. Item No. 4: PUBLIC HEARING REGARDING TENTATIVE PARCEL MAP NO. 2000- 247, A REQUEST TO SUBDIVIDE ONE (1) PARCEL INTO TWO (2) PARCELS ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND VALLEY VIEW STREET WITHIN THE WARLAND/CYPRESS BUSINESS CENTER SPECIFIC PLAN AREA. The Planning Manager provided background information on this item. The public hearing was opened. The applicant, Carl Robertson, Warland Investments, introduced himself to the Council. Tom Rakestraw of De Revere and Associates, architect for the project, stated both buildings currently have adequate parking on-site, which exceeds City standards. 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. Mayor McGill asked if the City could condition the subdivision conditional to reciprocal parking, and would that significantly change the application. The Planning Manager stated it would not change the application and suggested changing condition number four to on-site/reciprocal parking. It was moved by Council Member Keenan and seconded by Mayor Pro Tern Sondhi, to approve Tentative Parcel Map No. 2000-247 - With Conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RESOLUTION NO. 5355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 2000-247 - WITH CONDITIONS. 5 CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 5: PUBLIC HEARING REGARDING AN APPLICATION FOR A SPECIAL PERMIT TO CONDUCT A SECONDHAND BUSINESS - KLUE ANTIQUES AND THRIFT SHOP, LOCATED AT 6277 BALL ROAD. The Planning Manager provided background information on this item. The public hearing was opened. The applicant, Louis Sarpy, stated he was ready to open his business. 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 McCoy and seconded by Council Member Piercy, to approve the application for a Special Permit to Conduct a Secondhand Business - Klue Antiques and Thrift Shop, located at 6277 Ball Road. 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 Item No. 6: PUBLIC HEARING REGARDING THE LINCOLN AVENUE REDEVELOPMENT PLAN AMENDMENT - PROCEDURE FOR THE FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE. The Interim Director of Community Development 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. It was moved by Council Member McCoy and seconded by Council Member Piercy, to adopt a Procedure for Formation and Election of a Project Area Committee (PAC) for the Second Amendment to the Redevelopment Plan for the Lincoln Avenue Redevelopment Project Area. 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 COUNClLMEMBERS: None RESOLUTION NO. 5356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING A PROCEDURE FOR FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE (PAC) FOR THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA. 6 CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 7: PUBLIC HEARING RELATED TO RED LIGHT CAMERA AUTOMATED ENFORCEMENT. The Chief of Police provided background information on this item. Lieutenant Birozy provided additional information and stated that images are not recorded on video until a violation occurs. 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 Mayor Pro Tern Sondhi and seconded by Council Member McCoy, to direct staff to complete the negotiations with the potential vendor and bring back a contract for review and possible action at a future meeting. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNClLMEMBERS: None ABSENT: 0 COUNClLMEMBERS: None 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 request Item No. 20 be pulled. Council Member McCoy requested Item No. 18 be pulled. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 8 through 17, Item No. 19, and Item No. 21. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Item No. 8: Keenan, McCoy, Piercy, Sondhi, and McGill None None APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF JANUARY 22, 2001 AND JANUARY 29, 2001. Recommendation: That the City Council approve the Minutes of the Meetings of January 22, 2001 and January 29, 2001, as submitted. Item No. 9: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 10: APPROVAL OF DESIGN REVIEW COMMI'I-rEE PERMIT NO. 2000-49, A REQUEST TO INSTALL OUTDOOR MECHANICAL EQUIPMENT AND A SCREEN WALL AT THE REAR OF THE FINE PITCH/SELECTRON BUILDING LOCATED AT 11331 VALLEY VIEW STREET. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-49 - with conditions. RESOLUTION NO. 5357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMI'I-rEE PERMIT NO. 2000-49 - WITH CONDITIONS. Item No. 11: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-57, A REQUEST TO INSTALL A BUILDING WALL SIGN ON THE FINE PITCH/SELECTRON BUILDING LOCATED AT 11331 VALLEY VIEW STREET. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-57 - with conditions. RESOLUTION NO. 5358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-57 - WITH CONDITIONS. Item No. 12: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-52, A REQUEST TO CONSTRUCTA MONUMENT SIGN FOR THE CHURCH OF CHRIST CYPRESS LOCATED AT 9771 WALKER STREET. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-52 - with conditions. RESOLUTION NO. 5359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-52 - WITH CONDITIONS. Item No. 13: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-56, A REQUEST TO INSTALL A BUILDING SIGN FOR TOYO INK LOCATED AT 11170 VALLEY VIEW STREET. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-56 - with conditions. RESOLUTION NO. 5360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-56 - WITH CONDITIONS. CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 14: ADOPTION OF A RESOLUTION TO COMMEND THE KIWANIS CLUB OF CYPRESS ON CELEBRATING THEIR 50TM ANNIVERSARY. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending the Kiwanis Club of Cypress on celebrating their 50th anniversary. RESOLUTION NO. 5361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, COMMENDING THE KIWANIS CLUB OF CYPRESS ON CELEBRATING THEIR 50TM ANNIVERSARY. Item No. 15: ADOPTION OF A RESOLUTION TO OPPOSE REPLACEMENT OF COUNCIL REPRESENTATIVES ON THE ORANGE COUNTY FIRE AUTHORITY. Recommendation: That the City Council adopt the Resolution by title only, title as follows, opposing the replacement of Council representatives on the Orange County Fire Authority. RESOLUTION NO. 5362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING THE REPLACEMENT OF COUNCIL REPRESENTATIVES ON THE ORANGE COUNTY FIRE AUTHORITY. Item No. 16: ADOPTION OF A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE COUNTY ADMINISTERED 2001 MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the City's participation in the County administered 2001 Mortgage Credit Certificate (MCC) Program. RESOLUTION NO. 5363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE. Item No. 17: APPROVAL OF CONTRACT CHANGE ORDER NO. 1 TO REMODEL OF CYPRESS POLICE DEPARTMENT, PHASE II. PUBLIC WORKS PROJECT NO. 2000-21. Recommendation: That the City Council approve Contract Change Order No. 1 to Public Works Project No. 2000-21 in the amount of $5,170, authorizing Hollister Construction Company, 1284 E. Katella Avenue, Anaheim, California 92805, to construct a secured records area in the Cypress Police Department. Item No. 19: AWARD OF CONTRACT FOR THE PURCHASE OF HARDWARE AND SOFTWARE TO PROVIDE A GEOGRAPHIC INFORMATION SYSTEM (GIS) BASED COLLISION RECORDS AND ANALYSIS SYSTEM, PUBLIC WORKS PROJECT NO. 2001-06. Recommendation: That the City Council: 1) Award a contract in the amount of $54,100 to Crossroads Software, 210 West Birch Street, Brea, California 92821, for the purchase of hardware and software to provide a Geographic Information System (GIS) based collision records and analysis system; and 2) Authorize an increase in Estimated Revenues by $54,100 in Account No. 3525-11-999-99 in anticipation of reimbursement of funds from the State; and 3) Authorize the appropriation of funds received from the CITY COUNCIL MINUTES FEBRUARY 12, 2001 State of California, Office of Traffic Safety, to Account No. 4116-11-264-07, during fiscal year 2000-2001, for use in the purchase of hardware and software to provide a GIS based collision records and analysis system. Item No. 21: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 46926 THROUGH 47123. Recommendation: Approve the attached warrant register. Re,qardin.qltemNo. 18: AWARD OF CONTRACT FOR PURCHASE OF ONE UNMARKED VEHICLE, Council Member McCoy asked if it would be more practical to purchase Crown Victoria vehicles through the regular bid process. The Chief of Police stated the vehicles eventually move to the Detective Bureau where they would prefer vehicles that do not look like police cars for undercover assignments. It was moved by Council Member McCoy and seconded by Council Member Piercy, that the City Council approve the following: 1) That the City Council transfer $27,700 from the unreserved fund balance of the Narcotics Asset Seizure Fund to the Capital Replacement Fund; 2) That the City Council appropriate $27,700 from the unreserved fund balance of the Capital Replacement Fund (4376-90-659-39) for the purchase of an unmarked vehicle; and 3) That the City Council award a contract to purchase one (1) 2001 Pontiac Bonneville from Wondries Fleet Division, 1247 W. Main Street, Alhambra, CA 91801, in the amount of $27,700. 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 COUNClLMEMBERS: None Re.qarding Item No. 20: AWARD OF CONTRACT FOR THE PURCHASE OF LIGHT EMI"II'lNG DIODE MODULES TO RETROFIT EXISTING TRAFFIC SIGNAL INDICATIONS, PUBLIC WORKS PROJECT NO. 2001-07, Council Member Keenan asked if staff has discussed with Southern California Edison if the grant money is still available, and are the new lights as bright as the ones they will be replacing. The Public Works Director stated that Southern California Edison has assured staff that grant monies are still available for cities, and that the new lights will be just as bright, if not brighter. He further stated that the energy savings with these lights is substantial. It was moved by Council Member Keenan and seconded by Council Member Piercy, that the City Council: 1) Award a contract in the amount of $167,759.08 to Synchronex, 1065 Castlerock Lane, Santa Ana, California 92705, for the purchase of Light Emitting Diode Modules to Retrofit Existing Traffic Signal Indications; and 2) Award a contract in the amount of $23,362 to Macadee Electrical, 14771 Cherry Circle, Chino Hills, California 91709, for the installation of Light Emitting Diode Modules to Retrofit Existing Traffic Signal Indications; and 3) Authorize an increase in Estimated Revenues by $158,377 in Account No. 3711-15 in anticipation of a reimbursement from Southern California Edison; and 4) Authorize the appropriation of funds received from Southern California Edison to the Traffic Signal Maintenance Account No. 4186-15-420-22 in the amount of $191,122 for the pumhase of light emitting diode modules to retrofit existing traffic signal indications; and 5) Authorize an operating transfer of $32,745 of the AB 2928 Traffic Congestion Relief monies from the Gas Tax Fund (23) to the CIP Fund (15) to fund the City's portion of the purchase and installation of light emitting diode modules to retrofit existing traffic signal indications, with a request for written verification that grant monies are available from Southern California Edison. 10 CITY COUNCIL MINUTES FEBRUARY 12, 2001 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR UNFINISHED BUSINESS No items were presented. NEW BUSINESS Item No. 22: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-54, A REQUEST TO CONSTRUCT A SPECULATIVE RESEARCH AND DEVELOPMENT BUILDING AT 5730 KATELLA AVENUE IN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONE. The Planning Manager provided information on this item. He also stated that because the project does not meet the five-acre threshold criteria, staff recommends that Condition No. 25 be deleted. The Public Works Director stated he believes the threshold criteria has been lowered to one-acre but was not able to confirm that with the County. Instead of striking Condition No. 25, his recommendation would be to have the condition state that the applicant must comply with the applicable law. It was moved by Council Member McCoy and seconded by Council Member Piercy, to adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-54 - with conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None RESOLUTION NO. 5364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-54 - WITH CONDITIONS. The meeting was recessed at 9:35 p.m. The meeting was reconvened at 9:47 p.m. Item No. 23: ADOPTION OF RESOLUTION CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. The Interim Community Development Director provided information on this item. The City Manager stated it would be appropriate for the City Council and Redevelopment Agency to act simultaneously on the items that are agendized on both the City Council New Business and Redevelopment Agency New Business. The Redevelopment Agency was convened at 9:52 p.m. 11 CITY COUNCIL MINUTES FEBRUARY 12, 2001 PRESENT: Agency Board Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Agency Chairperson McGill ABSENT: None It was moved by Council Member McCoy and seconded by Council Member Piercy, to adopt the Resolution by title only, title as follows, consenting to and calling for a joint public hearing on the proposed amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area and related Negative Declaration. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNCILMEMBERS: None 0 COUNClLMEMBERS: None 1 COUNCILMEMBERS: Sondhi Mayor Pro Tem Sondhi did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO. 5365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONSENTING TO AND CALLING FORA JOINT PUBLIC HEARING ON THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. Item No. 26: ADOPTION OF RESOLUTION CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. It was moved by Agency Board Member McCoy and seconded by Agency Board Member Piercy, to adopt the following Resolution by title only, title as follows, consenting to and calling for a joint public hearing on the proposed amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area and related Negative Declaration. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 AGENCY MEMBERS: Keenan, McCoy, Piercy, and McGill 0 AGENCY MEMBERS: None 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: Sondhi Agency Vice Chairperson Sondhi did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO. CRA-85 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS, CONSENTING TO AND CALLING FORA JOINT PUBLIC HEARING ON THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. 12 CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 24: ADOPTION OF RESOLUTION CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. The Interim Community Development Director provided information on this item. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Resolution by title only, title as follows, consenting to and calling for a joint public hearing on the proposed amendment to the Redevelopment Plan for the Civic Center Project Area and related Negative Declaration. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Keenan, Piemy, Sondhi, and McGill 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McCoy Council Member McCoy did not participate in this action due to his ownership of property in proximity to the project area. RESOLUTION NO. 5366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. Item No. 27: ADOPTION OF RESOLUTION CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. It was moved by Agency Board Member Keenan and seconded by Agency Board Member Piercy, to adopt the following Resolution by title only, title as follows, consenting to and calling for a joint public hearing on the proposed amendment to the Redevelopment Plan for the Civic Center Redevelopment Project Area and related Negative Declaration. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 AGENCY MEMBERS: Keenan, Piercy, Sondhi, and McGill 0 AGENCY MEMBERS: None 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: McCoy Agency Board Member McCoy did not participate in this action due to his ownership of property in proximity to the project area. RESOLUTION NO. CRA-86 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS, CONSENTING TO AND CALLING FORA JOINT PUBLIC HEARING ON THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA AND RELATED NEGATIVE DECLARATION. The City Council meeting was recessed at 10:03 p.m. 13 CITY COUNCIL MINUTES FEBRUARY 12, 2001 Item No. 28: AUTHORIZATION TO CIRCULATE THE DRAFT REDEVELOPMENT PLAN AMENDMENT - CIVIC CENTER PROJECT AREA. The Interim Deputy Executive Director provided information on this item. It was moved by Agency Board Member Keenan and seconded by Agency Vice Chairperson Sondhi, to adopt the following Resolution by title only, title as follows, authorizing circulation of the Draft Redevelopment Plan Amendment. The motion was carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: Keenan, Piercy, Sondhi, and McGill NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ABSTAIN: 1 AGENCY MEMBERS: McCoy Agency Board Member McCoy did not participate in this action due to his ownership of property in proximity to the project area. RESOLUTION NO. CRA-87 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS, APPROVING THE DRAFT THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA FOR THE PURPOSE OF CIRCULATION AND COMMENT. Item No. 29: AUTHORIZATION TO CIRCULATE THE DRAFT REDEVELOPMENT PLAN AMENDMENT - LINCOLN AVENUE PROJECT AREA. The Interim Deputy Executive Director provided information on this item. It was moved by Agency Board Member Piercy and seconded by Agency Board Member McCoy, to adopt the following Resolution by title only, title as follows, authorizing circulation of the Draft Redevelopment Plan Amendment. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 AGENCY MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 AGENCY MEMBERS: None 0 AGENCY MEMBERS: None RESOLUTION NO. CRA-88 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS, APPROVING THE DRAFT SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA FOR THE PURPOSE OF CIRCULATION AND COMMENT. Item No. 30: AUTHORIZATION TO CIRCULATE THE DRAFT REDEVELOPMENT PLAN AMENDMENT - LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. The Interim Deputy Executive Director provided information on this item. It was moved by Agency Board Member McCoy and seconded by Agency Board Member Piercy, to adopt the following Resolution by title only, title as follows, authorizing circulation of the Draft Redevelopment Plan Amendment. 14 CITY COUNCIL MINUTES FEBRUARY 12, 2001 The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 AGENCY MEMBERS: Keenan, McCoy, Piercy, and McGill 0 AGENCY MEMBERS: None 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: Sondhi Agency Vice Chairperson Sondhi did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO. CRA-89 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS, APPROVING THE DRAFT SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA FOR THE PURPOSE OF CIRCULATION AND COMMENT. The Redevelopment Agency meeting was adjourned at 10:12 p.m. The City Council meeting was reconvened at 10:12 p.m. Item No. 25: CONSIDERATION OF APPOINTMENTS TO SENIOR CITIZENS COMMISSION. The City Clerk provided information on this item. She stated three Senior Citizen Commissioners have requested reappointment to second, four-year terms of office: Elsie Carruthers, Joseph VVhite, and Mary Mclver. It was moved by Council Member Piercy and seconded by Council Member McCoy, to appoint Senior Citizen Commissioners Elsie Carruthers, Joseph VVhite, and Mary Mclver for a second four-year term of office. 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 RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. 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 the first OCCOG meeting of the year, which included a reorganization and a presentation on the regional transportation plan. Attended a SCAG meeting where the regional transportation plan was discussed. Also attended a subcommittee meeting of OCTA for the Center Line Corridor Advisory Panel. Council Member Keenan asked 15 CITY COUNCIL MINUTES FEBRUARY 12, 2001 that 500 feet boundary maps be drawn for the City Council, for use in determining the necessity to abstain from a particular project area discussion and action. Council Member Piercy Attended an O.C. Library Board meeting where new officers were elected. Attended an O.C. Sanitation District meeting where increased costs of natural gas were discussed in relation to the electricity shortage. Mayor Pro Tem Sondhi Attended the O.C. Regional Airport Authority meeting with the Mayor where issues associated with the potential airport at El Toro and choices of who to appoint as Executive Director were discussed. Attended the Housing and Community Development Commission meeting where affordable housing programs for specific groups, such as teachers, was discussed. To date, over 100 teachers have submitted applications. Various voucher programs for the County were also discussed. Council Member McCoy Mayor McGill attended the O.C. Fire Authority meeting on his behalf due to a schedule conflict. He has received information from the OCFA that a proposed settlement with the O.C. Firefighters Association is imminent. An emergency meeting has been scheduled this week. Mayor McGill Attended the OCRAA meeting where he expressed concerns about the organization and how it is viewed publicly. Attended the Women's Club Tea with Mayor Pro Tern Sondhi and Council Member Piercy. Attended the O.C. League of California Cities meeting, and also attended the Resolutions Committee meeting where Assemblyman Maddox's proposed bills on eminent domain and the OCFA were discussed. The entire City Council attended the State of the City Luncheon. Mayor McGill stated that an outstanding job was done by City Manager Pat Importuna, Assistant to the City Manager June Liu and the entire committee that planned the event. Attended three DARE graduations. Mayor McGill also met with Jerry Dominguez from Southern California Edison where issues regarding the energy crisis were discussed. Discussion to Consider Participation in the MCAS El Toro Memorial Project (Requested by Council Member McCoy) Council Member McCoy stated that a memorial team was put together after the closure of the El Toro Marine Base. They have proposed the placement of a plane mounted on a pedestal in the O.C. Civic Center to remember those Marines that served our county. The memorial team is asking cities to donate $1,000 to purchase a brick, with the city's name on it, to encircle the memorial. It was moved by Council Member Piercy and seconded by Mayor Pro Tem Sondhi, to authorize the expenditure for the memorial. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 COUNCIL MEMBERS: None 0 COUNCIL MEMBERS: None 16 CITY COUNCIL MINUTES FEBRUARY 12, 2001 Discussion of a Resolution or Other Action in Support of the President of Cypress College (Council Member Piercy) Council Member Piercy stated that the Associated Student Body from Cypress College have issued a vote of no confidence against President Marjorie Lewis, and will be going forward to the Board of Trustees of the O.C. Community College District with their petition. She feels Ms. Lewis has worked well with the community and for the college, and would like the City to offer its support to Marjorie Lewis. It was moved by Council Member Keenan and seconded by Mayor Pro Tem Sondhi, to add this item to the agenda, due to the need to take action arising after the posting of the agenda and prior to the next scheduled Council meeting. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 COUNCIL MEMBERS: None 0 COUNCIL MEMBERS: None Council Member Keenan stated he would like the Mayor to speak at the Board of Trustees meeting as one voice for the City Council on behalf of Ms. Lewis' relationship with the City of Cypress. Mayor Pro Tern Sondhi stated she would also like to have something formalized in writing as well. The City Manager stated a letter will be prepared for the Mayor's signature. ITEMS FROM CITY MANAGER: The City Manager reported that Marvin DeCarlo, after 30 years with the community, will be retiring on April 27, 2001 as the Director of Recreation and Parks. He also stated that 188 people attended the first State of the City Luncheon on January 31, 2001. ADJOURNMENT: Mayor McGill adjourned the meeting at 10:55 p.m. to Monday, February 26, 2001, beginning at 5:00 p.m. in the Council Chambers. MAYOR OF THE CITY OF CYPRESS ATTEST: - c TY OF cypREss 17