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Minutes 2001-05-29 MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 29, 2001 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, Piercy, Mayor Pro Tem Sondhi, Mayor McGill ABSENT: Council Member McCoy STAFF PRESENT: City Manager and City Attorney. At 7:15 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 7:18 p.m. by Mayor McGill. PRESENT: Council Members Keenan, Piercy, Mayor Pro Tem Sondhi, Mayor McGill ABSENT: Council Member McCoy STAFF PRESENT: City Manager, City Attorney, Community Development Director, Public Works Director, Chief of Police, Planning Manager, Assistant to the City Manager, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Sondhi. INVOCATION: The invocation was given by Pastor Ron Jackson, Grace Church, Cypress. PRESENTATIONS: The Mayor and Chairperson Brian Black presented awards to the winners of the Cable Television and Technology Commission's 2001 Video Contest: Sweepstakes Winner: "Fashions of Rome" - Morris School 6th Grade, Ms. Nancy Kaiser Most Creative: "Luther Lion News" - Luther School 4t~ Grade, Mr. Todd Loeffer Most Entertaining: "49'er Day" - Cawthon School 4th Grade, E. Watanabe Best Camera Work: "Spotlight on Cypress School District" - Luther School 4th Grade, Mr. Todd Loeffer Best Editing: "Best Buddies"- Cypress High School 12th Grade, Mr. Loomis The Mayor presented High School Arts Recognition award certificates to Jennifer Webb and Kimberly Fagan. The Mayor read and presented a Proclamation to Battalion Chief Don Forsyth, · proclaiming the month of June, 2001, as "Drowning Prevention and Awareness Month" in the City of Cypress. CITY COUNCIL MINUTES MAY 29, 2001 The Mayor read and presented a Proclamation to Frann Shermet, proclaiming June 3, 2001, as "Cancer Survivors Day" in the City of Cypress. REPORT OF CLOSED SESSION: 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 Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: Two. Initially, one case was to be discussed, but because of potential litigation, the City Council, at the request of the City Attorney, unanimously authorized to expand the Closed Session to discuss two cases. A confidential and privileged report was provided to the Council. The City Attorney reported that the Council met regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Manager, and Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiator: William W. Wynder; Unrepresented Employee: City Manager. Following the evaluation, the City Council and City Attorney discussed adjustments to the contractual terms of employment between the City and the City Manager, and unanimously authorized the City Attorney to prepare appropriate contract amendments that will be brought back for Council approval at the June 11, 2001 meeting. No other action was taken nor was any solicited in Closed Session. The Mayor stated the City Council is pleased with the job of the City Manager and thanked him for his hard work. 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. Linda Metzidis, Cypress Masterworks Chorale, invited the Council to see "West Side Story" in a concert format on Saturday, June 2, or Sunday, June 3, 2001. John Hall, Huntington Beach, asked the Council to remove Item No. 14 from the Consent Calendar for discussion. Ron Jackson, Grace Church of Cypress, stated he was representing the Cypress Interfaith Council and invited the City Council to attend the Mayor's Prayer Breakfast on June 6, 2001, at 7:00 a.m. at Cypress Church. Frann Shermet and Joan Bardin, Cypress Senior Center, presented a "check" to the City representing the services and donations of the Senior Center volunteers, totaling $81,480 or 11,424 hours of volunteer time. 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. 2001-05, A REQUEST TO ALLOW THE KEEPING OF NINE (9) ADULT CATS CONSTITUTING A KENNEL USE LOCATED AT 4346 AVENIDA CARMEL IN THE RS- 6,000 RESIDENTIAL SINGLE-FAMILY ZONE. The Planning Manager provided information on this item. CITY COUNCIL MINUTES MAY 29, 2001 The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. The applicants, Roberta and Donald Burke, stated they were not aware they were only allowed to have three animals. They are not interested in obtaining any more cats or replacing the ones they currently have. The following spoke in favor of the Conditional Use Permit: Vivian Ellertson, Cypress Arlene Spatz, Cypress Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Council Member Keenan, to adopt the Resolution approving Conditional Use Permit No. 2001-05 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, Piercy, Sondhi and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy RESOLUTION NO. 5406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2001-05- WITH CONDITIONS. item No. 2: PUBLIC HEARING REGARDING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 94-2, A REQUEST TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT AND INCREASE REIMBURSEMENT PAYMENTS FOR PUBLIC IMPROVEMENTS WITHIN THE WARLAND/CYPRESS BUSINESS CENTER SPECIFIC PLAN AREA. The Community Development Director provided 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. The applicants, John Law and Carl Robertson, Warland Investments Company, stated they worked as a broker to accommodate and keep the qualified lessee in the City of Cypress. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Mayor Pro Tem Sondhi, to introduce and give first reading to an Ordinance approving Amendment No. 1 to Development Agreement No. 94-2 between the City of Cypress and Warland Investments Company ("Developer") and to waive further reading of the Ordinance. CITY COUNCIL MINUTES MAY 29, 2001 The motion was carried by the following roll call vote: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 COUNCIL MEMBERS: Piercy, Sondhi, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy COUNCIL MEMBERS: Keenan Council Member Keenan did not participate on this item due to the proximity of his business within the Warland/Cypress Business Center Specific Plan Area. CONSENT CALENDAR: Ail matters listed on the Agenda under "Consent Calenda/~' are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Council Member Keenan requested Item No. 14 be pulled from the Consent Calendar. Mayor Pro Tem Sondhi requested Items No. 6 and 8 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 5, 7, 9 through 13, and 15 through 19. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, Sondhi, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNClLMEMBERS: McCoy Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 14, 2001. Recommendation: That the City Council approve the Minutes of the Meeting of May 14, 2001, as submitted, with Mayor Pro Tern Sondhi abstaining on the Minutes due to her absence from the meeting. 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 THE MONTH OF JUNE, 2001, AS "DROWNING PREVENTION AND AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of June, 2001, as "Drowning Prevention and Awareness Month" in the City of Cypress. Item No. 7: PROCLAIMING JUNE 3, 2001, AS "CANCER SURVIVORS DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim June 3, 2001, as "Cancer Survivors Day" in the City of Cypress. Item No. 9: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-14, A REQUEST TO INSTALL A WALL SIGN FOR ElS ON THE NORTH ELEVATION OF THE EXISTING BUILDING LOCATED AT 11200 DANA CIRCLE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-14 - with conditions. 4 CITY COUNCIL MINUTES MAY 29, 2001 RESOLUTION NO. 5407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMI'I-FEE PERMIT NO. 2001-14 - WITH CONDITIONS. Item No. 10: ADOPTION OF RESOLUTION ESTABLISHING THE CITY OF CYPRESS 2001-02 APPROPRIATION LIMIT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, establishing the City of Cypress 2001-02 Appropriation Limit. RESOLUTION NO. 5408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR THE 2001-02 FISCAL YEAR. Item No. 11: ADOPTION OF RESOLUTIONS RECOGNIZING THE CYPRESS CHAMBER OF COMMERCE 2001 WOMAN OF THE YEAR, MAN OF THE YEAR, AND BUSINESS OF THE YEAR RECIPIENTS. Recommendation: That the Mayor and City Council adopt the Resolutions by title only, title as follows, recognizing the Cypress Chamber of Commerce Woman of the Year, Man oftheYear, and Business of the Year for 2001. RESOLUTION NO. 5409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING CHRISTY SCHOPP ON BEING SELECTED AS THE 2001 WOMAN OF THE YEAR BY THE CYPRESS CHAMBER OF COMMERCE. RESOLUTION NO. 5410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING RANDY KARSTING ON BEING SELECTED AS THE 2001 MAN OF THE YEAR BY THE CYPRESS CHAMBER OF COMMERCE. RESOLUTION NO. 5411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING UNION BANK OF CALIFORNIA ON BEING SELECTED AS THE 2001 BUSINESS OF THE YEAR BY THE CYPRESS CHAMBER OF COMMERCE. Item No. 12: ADOPTION OF A RESOLUTION COMMENDING BOY SCOUT SEAN CHRISTOPHER SORIA ON ATTAINING THE RANK OF EAGLE SCOUT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, commending Boy Scout Sean Christopher Soria on attaining the Rank of Eagle Scout. RESOLUTION NO. 5412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT SEAN CHRISTOPHER SORIA ON ATTAINING THE RANK OF EAGLE SCOUT. 5 CITY COUNCIL MINUTES MAY 29, 2001 Item No. 13: ACCEPTANCE OF FINAL TRACT MAP NO. 2000-193. PROPERTY LOCATED AT 10701 WALKER STREET. Recommendation: That the City Council approve Final Tract Map No. 2000-193 and authorize the City Clerk to sign the record map. Item No. 15: AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 South La Cienega Boulevard, Los Angeles, California 90035, for an amount not to exceed $126,771 per year. Item No. 16: ADOPTION OF STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council of the City of Cypress, and acting as the ex- officio Board of Directors of the Cypress Recreation and Park District, adopt the attached Resolution by title only, title as follows, adopting the annual Statement of Investment Policy. RESOLUTION NO. 5413 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, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 17: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2001. Recommendation: Receive and file. Item No. 18: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 48408 THROUGH 48861. Recommendation: Approve the attached warrant register. Item No. 19; ADOPTION OF A RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S 2001-02 APPROPRIATION LIMIT. Recommendation: That the City Council, 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, establishing the Cypress Recreation and Park District's 2001-02 Appropriation Limit. RESOLUTION NO. 198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2001-02 FISCAL YEAR. CITY COUNCIL MINUTES MAY 29, 2001 Regarding Item No. 6: PROCLAIMING THE MONTH OF JUNE, 2001 AS "RENTAL ASSISTANCE AWARENESS MONTH" IN THE CITY OF CYPRESS, Mayor Pro Tem Sondhi stated she wanted to highlight this item for the public and provided some details on Section 8 Housing. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, that the Mayor and City Council officially proclaim the month of June, 2001, as "Rental Assistance Awareness Month" in the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Keenan, Piercy, Sondhi, and McGill COUNClLMEMBERS: None COUNClLMEMBERS: McCoy Regarding Item No. 8: PROCLAIMING JUNE 3-101 2001, AS "NATIONAL HOMEBUYERS WEEK" IN THE CITY OF CYPRESS, Mayor Pro Tem Sondhi stated she wanted to highlight this program also and that the City does have the HELP I Iow income homebuyer program in Cypress. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, that the Mayor and City Council officially proclaim June 3-10, 2001, as "National Homebuyers Week" in the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I COUNClLMEMBERS: Keenan, Piercy, Sondhi, and McGill COUNCILMEMBERS: None COUNClLMEMBERS: McCoy Regarding Item No. 14: APPROVAL OF A FRANCHISE AGREEMENT TO INSTALL AND MAINTAIN BUS SHELTERS IN THE CITY OF CYPRESS. PUBLIC WORKS PROJECT NO. 2000-23, Council Member Keenan stated the applicant asked to have this item pulled. The applicant, John Hall, Culver Amherst, LLC, thanked staff for the work done on the preparation of the agreement between the City and Culver Amherst. He stated the second five years of the termination clause were added into the agreement after the original Request for Proposal and allows the City to terminate the agreement with or without cause, which causes them some concern. He asked if the Council would consider readdressing the termination language. The City Attorney stated the standard contract language allows for termination of any vendor on a 30-day notice. Staff, in order to allow Culver Amherst to recover initial investment costs, limited the City's right to terminate for the first five years of the agreement. Mayor Pro Tem Sondhi asked why the City was interested in a ten-year agreement. The Public Works Director stated the vendors who responded to the proposal indicated there was a better financial opportunity for the City if the contract was for a longer period of time. It was moved by Council Member Piercy and seconded by Council Member Keenan, that the City Council: 1) Approve the franchise agreement to install and maintain bus shelters in the City of Cypress for a ten-year period to Culver Amherst, LLC, 17472 Apex Circle, Huntington Beach, California 92647; and 2) Authorize the Mayor to sign and City Clerk to attest the Agreement subject to the approval of the City Attorney. CITY COUNCIL MINUTES MAY 29, 2001 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, Sondhi, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy END OF CONSENT CALENDAR ORDINANCES (SECOND READING): item No. 20: SECOND READING OF ORDINANCE MODIFYING PARKING SPACE DIMENSIONS IN THE COMMERCIAL AND INDUSTRIAL ZONES. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Ordinance amending Section 25, Division 1, Appendix "A" of the Cypress Zoning Ordinance (Off Street Parking and Loading), Amending Section 25.13 thereby defining parking space dimensions in the commercial and industrial zones. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, Sondhi, and MoGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy ORDINANCE NO. 1009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 25, DIVISION 1, APPENDIX "A" OF THE CYPRESS ZONING ORDINANCE (OFF STREET PARKING AND LOADING), AMENDING SECTION 25.13 THEREBY DEFINING PARKING SPACE DIMENSIONS IN THE COMMERCIAL AND INDUSTRIAL ZONES. NEW BUSINESS No items were presented. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Goveming Board of Directors. No items were presented. The City Council meeting was recessed at 8:56 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 8:56 p.m. PRESENT: Agency Board Members Keenan, Piercy, Agency Vice Chairperson Sondhi, Chairperson McGill ABSENT: Agency Board Member McCoy Agency Vice Chairperson Sondhi requested Item No. 21 be pulled from the Redevelopment Agency Consent Calendar. Regarding Item No. 21: AMENDMENT OF CONTRACT SERVICES AGREEMENT WITH HELP II PROGRAM ADMINISTRATOR IN RESPONSE TO CHANGE IN SCOPF OF SERVICES, Agency Vice Chairperson Sondhi asked the Community Development Director to provide some additional information on this program. 8 CITY COUNCIL MINUTES MAY 29, 2001 The Community Development Director stated the HELP II Program is the home rehabilitation loan program sponsored by the City through housing set-aside obligations. Eligible residents can make an application to rehabilitate their single-family, detached home. Currently, U.S.E. Community Service Group administers both the loan underwriting and processing component, and construction management. U.S.E. has contacted the City and informed staff they will be discontinuing the construction management portion because it is not profitable. Staff agreed to amend the contract with U.S.E. and U.S.E. agreed to continue to provide construction management at a higher rate until another resource or option is found. Staff does not anticipate more than two or three loans at this higher rate. It was moved by Agency Vice Chairperson Sondhi and seconded by Agency Board Member Piercy, that the Cypress Redevelopment Agency authorize the Executive Director to execute the New Contract Services Agreement with U.S.E. Community Services Group for continued administration of loan servicing duties for the HELP II Program. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 AGENCY MEMBERS: Keenan, Piercy, Sondhi, and McGill 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: McCoy The Redevelopment Agency was adjourned at 9:12 p.m. The City Council reconvened at 9:12 p.m. ORAL COMMUNICATIONS: ForMatters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended an OCTA committee meeting where a contract was awarded for the West Orange County Rail Study. Council Member Piercy: Attended an Orange County Sanitation District meeting. The District is doing a scientific investigation looking into effluent theory of U.C. Irvine scientists. Mayor Pro Tem Sondhi: Attended an Orange County Regional Airport Authority meeting where County representatives reported on the progress of the County in working through the E.I.R. process for the El Toro Airport Plan. Attended an Orange County Housing and Community Development Commission meeting where the appeal process for the Project Advisory Committee was reviewed. Mayor McGill: The Mayor thanked the Police Chief for his assistance with D.A.R.E. graduations at Dickerson and Grace schools. Attended the St. Irenaeus D.A.R.E. graduation. Attended the Senior Volunteer Dinner with Council Member Keenan on June 1, 2001. Attended an Eagle Scout Court of Honor for two Cypress Eagle Scouts. Attended the Forest City COUNCIL MINUTES MAY 29, 2001 Lawn Memorial Day ceremony. Invited the City Council to attend the Mayor's Prayer Breakfast on June 6, 2001. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor McGill adjourned the meeting at 9:28 p.m. to Thursday, June 7, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: 10