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Minutes 2001-04-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 23, 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 (arrived at 5:40 p.m.), Piercy, Mayor Pro Tem Sondhi, Mayor McGill ABSENT: None Also present were City Manager Importuna, City Attorney VVynder, and staff members Liu and Storey. The Assistant to the City Manager stated the purpose of the workshop was to provide a better understanding of the City's insurance program and to answer any questions the City Council may have about the claims process. Janet Kiser, General Manager for the Orange County Cities Risk Management Authority (OCCRMA), and Alex Barrios and Ed Garbo of Carl Warren and Company, were introduced. Ms. Kiser provided background information on OCCRMA. She stated her role is to oversee the day-to-day administration of the Authority. Claims administration is handled by Carl Warren and Company, and the insurance broker is Robert F. Driver. General counsel for the Authority is Greg Moser. OCCRMA was started in 1978 in response to the insurance crisis at that time. Many cities could not purchase insurance, therefore OCCRMA was formed to provide lower costs and stability. The minimum self-insured retention (SIR) currently with the Authority is $100,000 and the highest is $400,000. OCCRMA pools the first $2 million per claim with excess limits of $42 million. The City of Cypress currently has an SIR of $150,000. Membership in the Authority is currently Orange County cities, however, interest has been expressed from cities outside of the County. OCCRMA is financially sound with $25 million in assets. Because of these assets, four years ago OCCRMA began reducing premiums by 50%. Last year, Cypress received a dividend of $206,000, which was more than the amount of the premium. Last year, OCCRMA also absorbed some of the excess insurance costs. Ms. Kiser stated that safety inspections are provided on an annual basis as well as on- going safety training. Other training includes risk management, claims, human resources, and management. Safety classes will be open on a city-wide basis. Ms. Kiser stated the recent changes in the pool program include rewriting all of the documents, changing to occurrence versus claims made, inclusion of defense costs within the SIR, and litigation management guidelines. Ed Garbo provided information on how a claim is processed once it is received by Carl Warren and Company. The file is assigned to an adjustor who will make contact with the claimant, investigate the scene, talk to witnesses, and then contact City staff. A comprehensive report and recommendation is prepared by the adjustor and sent to the city. CITY COUNCIL MINUTES APRIL 23, 2001 Alex Barrios discussed the litigation management guidelines, as adopted by OCCRMA in October. The guidelines assist in controlling defense costs for the member cities. While cases are defended by the City's attorney, it is Carl Warren's responsibility to evaluate the City's exposure. At 6:20 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 Pro Tern Sondhi, Mayor McGill ABSENT: None Also present were City Manager Importuna, City Attorney VVynder, and staff members Belmer, Commerdinger, DeCarlo, Hensley, Liu, Sinn, and Storey. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by Pastor Jang Woo Lee, Miracle Land Korean Baptist Church. PRESENTATIONS: The Mayor read and presented a Resolution recognizing Marvin C. DeCarlo, Director of Cypress Recreation and Park District, upon his retirement. The Mayor read and presented a Proclamation to Battalion Chief Don Forsyth, proclaiming May 12, 2001, as "Fire Services Recognition Day" in the City of Cypress. Mr. Kia Mortazavi, Manager of Planning and Programming for the Orange County Transportation Authority, gave a presentation on the State Route 22 West Orange County Connection. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The Mayor asked for the report of the Workshop Agenda discussed earlier in the evening. The Assistant to the City Manager reported that the City Council met regarding the City's risk management administration as provided by the Orange County Cities Risk Management Authority. The purpose was to familiarize the Council on updates made to the pool contracts of the Authority and discuss the variety of insurance programs the City has purchased. 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 Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Employee Negotiator: Richard Storey; Employee Organizations: Cypress Maintenance Employees Association, Cypress Employees Association, and Cypress Maintenance Supervisors Association. The Council authorized an initial negotiating authority with respect to the Cypress Maintenance Employees Association, Cypress Employees Association, Cypress Maintenance Supervisors Association and, at the request of legal counsel, added the Cypress Police Officers Association on the basis that the need to obtain CITY COUNCIL MINUTES APRIL 23, 2001 initial preliminary negotiating authority arose subsequent to the posting of the agenda and prior to the next Council meeting. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, to add the Cypress Police Officers Association to the Closed Session agenda. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None Also added at the request of legal counsel was a Conference with Legal Counsel regarding a pending adjudicated matter to which the City is a party, pursuant to Government Code Section 54956.9(a), as the need to take action arose subsequent to the posting of the agenda, and settlement authority would be needed prior to the next Council meeting. The cases involved are Workers Compensation Appeals Board Case Nos. VNO0420141, VNO0398547, and VNO0397229, in the matter of Siviglia vs. City of Cypress. Preliminary negotiating authority was given which may give rise to a settlement, which would come back for formal Council consideration. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, to add the Conference with Legal Counsel to the Closed Session agenda. 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 No other action was taken in Closed Session nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Boyd Lake, Cypress, invited the City Council to attend the 6th Annual Evening of Inspirational Music on May 6, 2001 at 7:00 p.m. Russ Burns, Cypress, thanked the Council and staff for their good job of managing the City, stated his opposition to Cottonwood Church, and his support of El Toro as an international airport. 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 AN AMENDMENT AND EXTENSION OF CONDITIONAL USE PERMIT NO. 97-3, A REQUEST TO ADD SUNDAY SALE,~ OPERATIONS AND TO PERMANENTLY EXTEND THE USE PERMIT FOR THF EXISTING USED AUTOMOBILE SALES LOT LOCATED AT 9060 WALKER STREET. The Planning Manager provided background information on this item. The public hearing was opened. The applicant, Nat Briganti, Action Auto Sales, stated he had signs installed regarding driving down Bishop Street and the business has not been open on Sundays. CITY COUNCIL MINUTES APRIL 23, 2001 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 Pro Tem Sondhi asked for further discussion on possible alternatives to assist those affected. Council Member Piercy stated that with commemial property backing up to residential property, there may never be a solid solution. Mayor McGill asked the number of vehicles permitted for sale and stated he has seen up to 26 vehicles parked at the site. It was moved by Council Member Piercy and seconded by Council Member McCoy, to adopt the Resolution Approving the Addition of Sunday Sales Operations and the Permanent Extension of Conditional Use Permit No. 97-3 - VVith Conditions. 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. 5389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE ADDITION OF SUNDAY SALES OPERATIONS AND THE PERMANENT EXTENSION OF CONDITIONAL USE PERMIT NO. 97-3 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REARDING THE AMENDMENT TO THE CYPRESS MUNICIPAL CODE REGULATING GARAGE, YARD, RUMMAGE, MOVING, AND SIMILAR RELATED SALES IN RESIDENTIAL ZONES. The Planning Manager provided information on this item. Mayor Pro Tern Sondhi asked about signage for garage sales. The Planning Manager stated the proposed ordinance does not limit signage to only one on private property, as the original draft had. Signs attached in or on the public right-of-way are not allowed. The restrictions are for those offenders who repeatedly have garage sales on a regular basis. Council Member Piercy asked about the hours allowed for garage sales and does it correspond to the City's noise ordinance. The Planning Manager stated that the hours were established based on the noise ordinance. The public hearing was opened. Mayor McGill asked if thera was anyone who wished to speak in favor of the item. Mayor McGill asked if thero was anyone who wished to speak against the item. Bob Pyles, Cypress, stated as part of his condominium CC&R's, garage sales are not permitted. However, once per year in August, they have a village-wide garage sale that consists of 681 units. He asked if each homeowner would then have to apply for a 4 CITY COUNCIL MINUTES APRIL 23, 2001 permit. He also stated they place professionally made signs in the right-of-way outside of the three entrances to the complex three days prior to the sale. The City Manager stated the ordinance is to address those who abuse garage sales and not those who have an occasional sale. The homeowners association could apply for the permit, not the individual homeowners. The public hearing was closed. It was moved by Council Member McCoy and seconded by Council Member Piercy, to introduce for first reading the Ordinance Amending Section 9, Division 1, Appendix "A" of the Cypress Zoning Ordinance (Residential Zones, Permitted Uses and Development Standards), Adding Section 9.33 Thereby Regulating Garage, Yard, Rummage, Moving, and Estate Sales. 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: 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 McCoy requested Item No. 13 be pulled from the Consent Calendar. Mayor Pro Tern Sondhi requested Item No. 20 be pulled from the Consent Calendar. Mayor McGill requested Item No. 11 be pulled from the Consent Calendar. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 3 through 10, 12, 13 through 19, and 21 through 24. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 3: 5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF APRIL 2, 2001 AND APRIL 9, 2001. Recommendation: That the City Council approve the Minutes of the Meetings of April 2, 2001 and April 9, 2001, with Mayor Pro Tern Sondhi abstaining from the April 9, 2001 minutes due to absence, as submitted. 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: PROCLAIMING APRIL 23-28, 2001, AS "NATIONAL REGORD~A-THON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 23-28, 2001 as "National Record-A-Thon Week" in the City of Cypress. CITY COUNCIL MINUTES APRIL 23, 2001 Item No. 6: PROCLAIMING APRIL 28, 2001, AS "ARBOR DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 28, 2001 as "Arbor Day" in the City of Cypress. Item No. 7: PROCLAIMING MAY 12, 2001 AS "FIRE SERVICE RECOGNITION DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 12, 2001, as "Fire Service Recognition Day" in the City of Cypress. Item No. 8: PROCLAIMING THE MONTH OF MAY, 2001, AS "CLEAN AIR MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2001, as "Clean Air Month" in the City of Cypress. Item No. 9: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-08, A REQUEST TO MODIFY THE EXISTING SIGN PROGRAM FOR THE CYPRESS EAST SHOPPING CENTER LOCATED AT 10011-10205 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. 2001-08 - with conditions. RESOLUTION NO. 5390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-08 - WITH CONDITIONS. Item No. 10: APPROVAL OF DESIGN REVIEW COMMI'I-I'EE PERMIT NO. 2001-09, A REQUEST TO INSTALL AN AWNING CANOPY TO A RESTAURANT BUILDING LOCATED AT 5123 BALL ROAD. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-09 - with conditions. RESOLUTION NO. 5391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMI'I-rEE PERMIT NO. 2001-09 - WITH CONDITIONS. Item No. 12: ADOPTION OF A RESOLUTION TO RECOGNIZE MARVIN C. DECARLO, DIRECTOR OF CYPRESS RECREATION AND PARK DISTRICT, UPON HIS RETIREMENT. Recommendation: That the City Council adopt the Resolution by title only, title as follows, to recognize Marvin C. DeCarlo, Director of Cypress Recreation and Park District, Upon His Retirement. RESOLUTION NO. 5392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING MARVIN C. DECARLO, DIRECTOR OF CYPRESS RECREATION AND PARK DISTRICT, UPON HIS RETIREMENT. 6 CITY COUNCIL MINUTES APRIL 23, 2001 Item No. 14: ADOPTION OF A RESOLUTION IN SUPPORT OF A TRULY REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. Recommendation: That the City Council adopt the Resolution by title only, title as follows, in support of a truly regional airport plan for Southern California. RESOLUTION NO. 5393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN SUPPORT OF A TRULY REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. Item No. 15: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 2000-2001 RESIDENTIAL/BUSINESS PARK STREET RESURFACING PHASE I, PUBLIC WORKS PROJECT NO. 2001-01. Recommendation: That the City Council: 1) Approve the plans and specifications for the 2000-2001 Residential/Business Park Street Resurfacing Phase I Project; and 2) Authorize City staff to advertise the project for bids. Item No. 16: APPROVAL OF CONTRACT CHANGE ORDER NO. 3 AND ACCEPTANCE OF INSTALLATION OF HARDWOOD FLOOR AT SENIOR CENTER, PUBLIC WORKS PROJECT NO. 9912. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve Contract Change Order No. 3 to Kerr Floors, Inc., in the amount of $1,529.00; and 2) Accept the project for Installation of Hardwood Floor at Senior Center, Public Works Project No. 9912, as being satisfactorily completed in conformance with the project specifications; and 3) Approve the final retention payment of $4,370.88 to Kerr Floors, Inc., 10581 Bloomfield Street, Los Alamitos, California 90720, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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, upon concurrence of the Director of Public Works. Item No. 17: ACCEPTANCE OF THE REMODEL OF THE CYPRESS POLICE DEPARTMENT, PHASE II, PUBLIC WORKS PROJECT NO. 2000-21. Recommendation: That the City Council: 1) Accept the Remodel of the Cypress Police Department, Phase II, Public Works Project No. 2000-21, as being satisfactorily completed in substantial conformance with the project specifications; and 2) Approve the final retention payment of $3,827 to Hollister Construction Company, 1284 E. Katella Avenue, Anaheim, California 92805, thirty-five (35) days after the Notice of Completion is filed if no claims or objections have been filed, upon concurrence of the Director of Public Works; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No. 18:2001-2002 CAPITAL IMPROVEMENT PROGRAM GENERAL PLAN CONSISTENCY FINDING. Recommendation: That the City Council make the finding that the 2001-2002 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 1993 Update, as required by Government Code Section 65103(c). 7 CITY COUNCIL MINUTES APRIL 23, 2001 Item No. 19: ADOPTION OF THE 2001-2008 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal year 2001-2008. Item No. 21: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF ASSISTANT PLANNER AND ASSOCIATE PLANNER. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the attached updated class specifications for the regular full-time positions of Assistant Planner and Associate Planner. Item No. 22: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2001. Recommendation: Receive and file. Item No. 23: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 47976 THROUGH 48203. Recommendation: Approve the attached warrant register. Item No. 24: APPROVAL TO EXTEND THE CURRENT OPERATION AGREEMENT BETWEEN THE CITY OF CYPRESS/CYPRESS RECREATION AND PARK DISTRICT AND CALIFORNIA STREET HOCKEY ASSOCIATION TO OPERATE ADULT AND YOUTH ROLLER HOCKEY PROGRAMS AT ARNOLD/CYPRESS PARK FOR AN ADDITIONAL FIVE (5) YEARS, EXPIRING ON APRIL 29, 2006. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the extension of the Operation Agreement between the City of Cypress Recreation and Park District and California Street Hockey Association to operate Youth and Adult Roller Hockey Programs at Arnold/Cypress Park, for an additional five (5) years, expiring on April 29, 2006. Regarding Item No. 11: ADOPTION OF A RESOLUTION DESIGNATING LEGAL COUNSEL FOR THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT, Mayor McGill asked if this is a contract that is being extended to the firm represented by Mr. Wynder for City and Recreation District business. The City Manager stated the City Attorney was previously with the law firm of Rutan & Tucker. He is now a partner with the law firm of Burke, Williams & Sorensen where he maintains all of his City Attorney assignments and representation of City organizations with the exception of redevelopment only. It was moved by Council Member Piercy and seconded by Council Member Keenan, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, retaining the firm of Burke, Williams & Sorensen, LLP, and designating William W. Wynder as the City Attorney and Eric Dunn as Assistant City Attorney for the City of Cypress; and designating William W. VVynder as Counsel and Eric Dunn as Assistant Counsel for the Cypress Recreation and Park District. 8 CITY COUNCIL MINUTES APRIL 23, 2001 RESOLUTION NO. 5394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, DESIGNATING LEGAL COUNSEL FOR THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT. Regarding Item No. 13: ADOPTION OF A RESOLUTION TO RECOGNIZE THE DEDICATION OF SOKA UNIVERSITY OF AMERICA IN ALISO VIE JO, CALIFORNIA, Council Member McCoy asked what the benefit is to the City of Cypress giving a resolution to a university in Aliso Viejo. The City Clerk stated that the Mayor, on behalf of the City Council, will receive requests which are then forwarded to the City Clerk. Unless a concern is expressed, the requests are then placed on the agenda for Council consideration. Council Member Keenan stated the university is accredited and will be serving all of Orange County and Southern California. It was moved by Mayor Pro Tern Sondhi and seconded by Council Member Piercy, that the City Council adopt the Resolution by title only, title as follows, to recognize the dedication of Soka University of America in Aliso Viejo, California. RESOLUTION NO. 5395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE DEDICATION OF SOKA UNIVERSITY OF AMERICA IN ALISO VIE JO, CALIFORNIA. Regarding Item No. 20: ACCEPTANCE OF THE ABATEMENT OF SEASONAL AND RECURRING WEEDS FOR PHASE I OF THE 2000-01 PROGRAM AND ADOPTION OF RESOLUTION CONFIRMING THE ASSESSMENTS, Mayor Pro Tem Sondhi asked if an individual is bothered by allergies or weeds in a specific location, is there recourse for them to report or request that weeds, rubbish, dirt, etc. be removed prior to the two times a year the abatement takes place. The City Manager stated that weed abatement usually takes place to minimize fire hazards when the weeds become dry. Mayor Pro Tern Sondhi requested a workshop be held to discuss nuisance abatement. It was moved by Council Member Keenan and seconded by Council Member Piercy, that the City Council: 1) Accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; and 2) Adopt the attached Resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessments as a lien on the parcels listed on Exhibit "A." RESOLUTION NO. 5396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. END OF CONSENT CALENDAR 9 CITY COUNCIL MINUTES APRIL 23, 2001 UNFINISHED BUSINESS Item No. 25: LINCOLN AVENUE REDEVELOPMENT PROJECT AMENDMENT - FINDING THAT PAC PROCEDURES WERE FOLLOWED IN ELECTION OF PROJECT AREA COMMITTEE. The Community Development Director provided background information on this item. It was moved by Council Member McCoy and seconded by Council Member Piercy, to adopt the Resolution Finding that All Adopted Procedures for Formation and Election of the Project Area Committee for the Second Amendment to the Redevelopment Plan for the Lincoln Avenue Redevelopment Project Were Followed in the Election of the Project Area Committee. 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 RESOLUTION NO. 5397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, FINDING THAT ALL ADOPTED PROCEDURES FOR FORMATION AND ELECTION OF THE PROJECT AREA COMMI'I-I'EE FOR THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT WERE FOLLOWED IN THE ELECTION OF THE PROJECT AREA COMMITTEE. NEW BUSINESS Item No. 26: REQUEST TO REMOVE A PARKWAY TREE AT 4822 MARION AVENUE. APPLICANT: MR. RYAN HULL. The Public Works Director provided a brief explanation of the request, indicating that the tree does not meet the City's criteria for removal. It was moved by Council Member Piemy and seconded by Mayor Pro Tern Sondhi, to deny the applicant's request to remove the parkway tree. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNClLMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNClLMEMBERS: None ABSENT: 0 COUNClLMEMBERS: None RECREATION & PARK DISTRICT MA'I-I'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 8:55 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 8:55 p.m. 10 CITY COUNCIL MINUTES APRIL 23, 2001 PRESENT: ABSENT: ConsentCalendar: Agency Board Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Agency Chairperson McGill None It was moved by Agency Board Member Keenan and seconded by Agency Board Member McCoy, to approve Consent Calendar Item Nos. 27 and 28. 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 Item No. 27: ADOPTION OF A RESOLUTION DESIGNATING LEGAL COUNSEL FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the Cypress Redevelopment Agency Board adopt the Resolution by title only, title as follows, retaining the firm of Rutan & Tucker, LLP, and designating Dan Slater as Counsel, and John Ramirez as Assistant Counsel, for the Cypress Redevelopment Agency. RESOLUTION NO. CRA-93 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, DESIGNATING LEGAL COUNSEL FOR THE CYPRESS REDEVELOPMENT AGENCY. Item No. 28: APPROVAL OF LICENSE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND THE CYPRESS REDEVELOPMENT AGENCY FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF LINCOLN AVENUE, EAST OF WALKER STREET ADJACENT TO THE PACIFIC ELECTRIC RIGHT OF WAY (PORTION OF APN NO. 262-473-03). Recommendation: That the City Council, acting as the Redevelopment Agency, approve the attached License Agreement that allows continued access and vehicle parking through the stated area. Unfinished Business: Item No. 29: AUTHORIZATION TO CIRCULATE THE REVISED DRAFT SECOND AMENDMENT-LINCOLN AVENUE PROJECT AREA. The Deputy Executive Director provided information on this item. It was moved by Agency Vice Chair Sondhi and seconded by Agency Board Member Keenan, to adopt the Resolution Approving the Revised Draft Second Amendment to the Redevelopment Plan for the Lincoln Avenue Redevelopment Project Area for the Purpose of Circulation and Comment. 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 11 CITY COUNCIL MINUTES APRIL 23, 2001 RESOLUTION NO. CRA-94 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING THE REVISED DRAFT SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA FOR THE PURPOSE OF CIRCULATION AND COMMENT. The Redevelopment Agency was adjourned at 9:00 p.m. The City Council reconvened at 9:00 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Allen Crowder, Cypress, spoke regarding the Lincoln Avenue Redevelopment Project Amendment. Mary Crowder, Cypress, spoke regarding her concerns about soccer and baseball activities at Peppertree Park. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended an ad hoc meeting at Huntington Beach regarding the West Cities Light Rail Study. Attended an OCTA Committee meeting regarding rail crossings in Orange County and horn policies. Represented the Council at a tribute presented by the Boy Scouts of the LA. District to Congressman Ed Royce who was presented with the Good Scout Award. Attended an OCTA meeting today regarding Assemblyman Tom Harman's bill to expand the OCTA Board of Directors, which was opposed by the Board unless amended. Mayor McGill: Attended an Orange County Regional Airport Authority (OCRAA) meeting, on behalf of Mayor Sondhi, regarding the various plans for El Toro, including converting it for park use. Attended the O.C. Library Board meeting. Attended the City sponsored Easter egg hunt. Announced the Chamber is having its golf tournament on April 25, 2001, and the retirement reception for Marvin De Carlo will be on April 26, 2001, at the Community Center. Council Member Piercy: Asked if information could be provided to contractors who are repaving parking areas to leave markings for where water shut-offs are located, as it took the Fire Authority over one hour recently to shut off the water after a hydrant was hit by a vehicle. Also commended Fire Authority Engine 17 for doing an outstanding job at a recent residential fire. Announced that Lexington Junior High will have their open house on April 26, 2001, where they will have their "Lexingtown Fair", a living history Renaissance experience. ITEMS FROM CITY MANAGER: The City Manager, in response to Council Member Piercy's earlier question, stated a proclamation proclaims an event, while a resolution puts actions in a more formal format. 12 CITY COUNCIL MINUTES APRIL 23, 2001 ADJOURNMENT: Mayor McGill adjourned the meeting at 9:28 p.m., in memory of John Ferraro, to Monday, April 30, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: ./c/~ C'ERK O. T~C.~Y O. C~.RE~S 13