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Minutes 2001-06-11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 11, 2001 A regular meeting of the Cypress City Council was called to order at 7:00 p.m. by Mayor McGill in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor Pro Tem Sondhi, Mayor McGill ABSENT: None STAFF PRESENT: City Manager, City Attorney, Community Development Director, Director of Finance and Administrative Services, 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 Boy Scout Troop 1666. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented the Grace Lachina Outstanding Senior Recognition Award to Paul Angers. REPORT OF WORKSHOP AGENDNCLOSED SESSION: No items to report. 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 City Council to attend the Mozart Caf6 Concert on Saturday, June 16, 2001 at 7:30 p.m. Mayor McGill announced that the St. Irenaeus Fiesta will be held the weekend of June 22, 2001. 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 Nos. 13 and 14 be pulled from the Consent Calendar. Mayor McGill requested Item No. 5 be pulled from the Consent Calendar. Mayor Pro Tem Sondhi requested Item No. 12 be pulled from the Consent Calendar. CITY COUNCIL MINUTES JUNE 11, 2001 It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 1 through 4, 6 through 11, and 15 through 20. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MAY 21 AND MAY 29, 2001. Recommendation: That the City Council approve the Minutes of the Meetings of May 21 and May 29, 2001, as submitted, with Council Member McCoy abstaining on the Minutes of May 29, 2001, due to his absence from the meeting. Item No. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: PROCLAIMING JUNE 14, 2001, AS "NATIONAL FLAG DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim June 14, 2001, as "National Flag Day" in the City of Cypress. Item No. 4: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-15, A REQUEST TO CONSTRUCT A 30 SQUARE-FOOT MONUMENT SIGN FOR CYPRESS MINI STORAGE LOCATED AT 8882 WATSON STREET. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-15 - with conditions. RESOLUTION NO. 5414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-15 - WITH CONDITIONS. Item No. 6: ADOPTION OF RESOLUTION COMMENDING BOY SCOUT CHRISTOPHER M. CAMMARANO 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 Christopher M. Cammarano on attaining the rank of Eagle Scout. RESOLUTION NO. 5415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT CHRISTOPHER M. CAMMARANO ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 7: ADOPTION OF RESOLUTION COMMENDING BOY SCOUT JAMES McMILLAN 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 James McMillan on attaining the rank of Eagle Scout. 2 CITY COUNCIL MINUTES JUNE 11, 2001 RESOLUTION NO. 5416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT JAMES McMILLAN ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 8: AMENDMENT OF CURRENT CONTRACT SERVICES AGREEMENT FOR ROLLER HOCKEY PROGRAMMING WITH CALIFORNIA STREET HOCKEY ASSOCIATION, INC. Recommendation: That the City Council approve the amended contract services agreement with the California Street Hockey Association, Inc., in which language has been added to address compliance with the State mandate requiring a background clearance and fingerprinting of its employees and volunteers who supervise minors. Item No. 9: APPROVAL OF SETTLEMENT AGREEMENTS IN THE CASE OF WALTERS V. CITY OF CYPRESS, ET. AL. Recommendation: That the City Council approve the attached four (4) Settlement Agreements by and between the City of Cypress, William McCullers, Al Watts, James OIson, Brian Healy, Matt Austin, and Vincent Charles Walters, Brenda Ann Walters, Christopher Clayton Walters, Eric Charles Walters, Dustin Mikel Walters, and Kara Nichole Walters. Item No. 10: APPROVAL OF FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND PATRICK P. IMPORTUNA. Recommendation: That the City Council approve the attached First Amendment to City Manager Employment Agreement between the City of Cypress and Patrick P. Importuna. Item No. 11: AWARD OF CONTRACT FOR 2000-2001 RESURFACING OF RESIDENTIAL/BUSINESS PARK STREET, PUBLIC WORKS PROJECT NO. 2001-01. Recommendation: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2001-01 to be Copp Contracting, Inc., P.O. Box 457, Buena Park, California 90621-0457; and 2) Award a contract for residential street resurfacing in the amount of $306,436.22 (bid amount $278,578.38 plus ten percent contingency) to Copp Contracting, Inc. Item No. 15: SALE OF SURPLUS RADIO EQUIPMENT TO OTHER LAW ENFORCEMENT AGENCIES AND DONATION OF RADIO EQUIPMENT TO THE CYPRESS RADIO AMATEUR CIVIL EMERGENCY SERVICE (R.A.C.E.S.) CLUB. Recommendation: That the City Council: 1) Authorize the sale of surplus mobile and hand held Motorola HT1000 radios to other law enforcement agencies at a cost of $200 per unit; and 2) Authorize the donation of nine (9) units of surplus radio equipment to the Cypress R.A.C.E.S. Club for disaster preparedness and special event purposes; and 3) Authorize that the funds received as a result of the sale of surplus radio equipment be returned to the Asset Forfeiture Account. 3 CITY COUNCIL MINUTES JUNE 11, 2001 Item No. 16: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR CONSTRUCTION OF PAVED SHOULDER ALONG WEST SIDE OF MOODY STREET FROM 600 FEET NORTH OF LINCOLN AVENUE TO GRACE AVENUE, PUBLIC WORKS PROJECT NO. 2000-37. Recommendation: That the City Council: 1) Approve the plans and specifications for the construction of paved shoulder along west side of Moody Street from 600 feet north of Lincoln Avenue to Grace Avenue; and 2) Authorize staff to advertise the project for bid. Item No. 17: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE RESTORATION OF PUMP STATIONS NOS. 2 AND 3 ON MYRA AVENUE, PUBLIC WORKS PROJECT NO. 2001-12. Recommendation: That the City Council: 1) Approve the plans and specifications for the restoration of Pump Stations Nos. 2 and 3 on Myra Avenue; and 2) Authorize City staff to advertise the project for bids. Item No. 18: APPROVAL OF THE CITY ENGINEER'S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL. CITY OF CYPRESS PROJECT NO. 8615-90. Recommendation: That the City Council adopt the attached resolutions by title only, titles as follows, approving the City Engineer's Report and establishing a public hearing for July 23, 2001, declaring the City Council's intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. RESOLUTION NO. 5417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2001-02, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. RESOLUTION NO. 5418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY ENGINEER'S REPORT DATED JUNE 11,2001, IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1. Item No. 19: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 48862 THROUGH 49072. Recommendation: Approve the attached warrant register. Item No. 20: APPOINTMENT OF YOUTH COMMISSIONERS FOR THE 2001-2002 TERM. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, accept the appointment of seven candidates to serve on the Youth Commission, two candidates to serve as Alternate Commissioners, and two candidates to serve as Task Force Members, as recommended by the Recreation and Community Services Commission. 4 CITY COUNCIL MINUTES JUNE 11, 2001 Regarding Item No. 5: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-16, A REQUEST TO CONSTRUCT A 1,785 SQUARE-FOOT, TWO-STORY ADDITION TO A SINGLE-FAMILY RESIDENCE LOCATED AT 6819 JONATHAN AVENUE, Mayor McGill stated his concern is that an addition will be put on that makes the home look out of character with the community. He asked if more guidelines and standards could be put in place. The Planning Manager stated it is necessary to come before the Design Review Committee if the new building height exceeds existing building height, which must then come before the City Council for approval. There is also a current condition that states staff will look at the projects architectural aesthetics in terms of what exists on the site currently as well as the surrounding neighborhood. The City Manager stated many cities with planning commissions do not have Design Review Committee items placed on the agenda. He suggested having a workshop to provide the Council with information on the City code regarding this issue. It was moved by Council Member Keenan and seconded by Council Member Piercy, that the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-16 -with conditions. 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. 5419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-16 - WITH CONDITIONS. Regarding Item No. 12: AWARD OF CONTRACT TO PROVIDE AND INSTALL VIDEO CAMERAS AND EQUIPMENT TO MONITOR VARIOUS INTERSECTIONS, PUBLIC WORKS PROJECT NO. 2000-28, Mayor Pro Tem Sondhi asked staff to address how installing video cameras to monitor various intersections would be used and what benefit the cameras provide the City. The Public Works Director stated the cameras are used for traffic engineering purposes to monitor the flow of traffic in order to have real time monitoring for traffic signal coordination and allow the City to use the cameras as an incident control device, particularly around large activities. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Keenan, that the City Council award a contract to provide and install video cameras and equipment to monitor various intersections to F.J. Johnson, Inc., 3000 E. Coronado, Anaheim, California 92806, in the amount of $92,564.20. 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 Regarding Item No. 13: AWARD OF CONTRACT FOR REPLACEMENT OF TWO MAINTENANCE TRUCKS, Council Member McCoy asked if both vehicles needed to be purchased due to the Iow number of miles being placed on one of the current vehicles. 5 CITY COUNCIL MINUTES JUNE 11, 2001 The Public Works Director stated that because of the size of the City, not too many miles are placed on any of the vehicles. He stated the 1974 truck was originally used by the Engineering Department and is now being used by Building Maintenance. The other vehicle is a supervisor's vehicle that is driven more than the other truck. It was moved by Council Member McCoy and seconded by Mayor Pro Tern Sondhi, that the City Council award a contract to purchase two (2) 2001 Ford Ranger pick up trucks from Folsom Lake Ford, 12755 Folsom Boulevard, Folsom, California 95630, in the amount of $31,927.17. 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 Regarding Item No. 14: AWARD OF CONSULTANT CONTRACT FOR THE COMPLETION OF A CITY-WIDE RESIDENTIAL STREET SURVEY AND SIDEWALK, CURB AND GUTTER INVENTORY, PUBLIC WORKS PROJECT NO. 2001-17, Council Member McCoy asked why the two other bids received were not included with the staff report. The Public Works Director stated three proposals were received which were reviewed by a committee of Public Works and Engineering staff. The qualifications were evaluated of the engineering firms and the personnel that submitted the proposals, the scope of the work was reviewed of all of the proposals, and staff met with the three companies. A determination was made of the best-qualified consultant to do the work. At the time the proposals were submitted, all of the firms were asked to submit a sealed cost proposal. When the best qualified firm was chosen, the sealed proposal was opened and the fees were reviewed. A certain amount of changes to the contract were negotiated. The sealed proposals from the other two firms were never opened. The City Attorney stated this is a process that is mandated by the Government Code for selecting certain kinds of professionals including engineers, which requires the public agency to first select the successful candidate based on qualifications. If the fee submitted by the most qualified candidate is within an acceptable range of fees estimated by staff, the inquiry ends at that point. The other fee proposals are not opened. Mayor Pro Tem Sondhi asked about the long-term benefits to operations and what is the net result to improvements of sidewalks, curbs, and gutters. The Public Works Director stated this will allow the City to review the condition of various residential streets throughout the community and to develop a schedule for the continued maintenance and a better way to determine monies that will be spent in a given year. The City has not had the opportunity to send staff out to do an inventory of every curb, gutter, and sidewalk that needs repair. The survey will provide the City with the information of how many square feet of sidewalk need to be repaired and how many linear feet of curb and gutter need repair, which will enable staff to develop a long-term program. The City will use the information to keep an ongoing database of where repair work is being performed. It was moved by Mayor Pro Tern Sondhi and seconded by Council Member McCoy, that the City Council: 1) Award a contract to Berryman & Henigar, 2001 E. First Street, Santa Ana, California 92705, to perform a city-wide residential street survey and sidewalk, curb and gutter inventory, and to transfer data collected into the City's Pavement Management Inventory, in an amount not to exceed $42,125.00; and 2) Authorize the appropriation of funds in the amount of $42,125.00 from the Unappropriated Fund Balance of the General Fund into Account No. 4187~11-263-07 6 CITY COUNCIL MINUTES JUNE 11, 2001 for the award of contract to perform a city-wide residential street survey and sidewalk, curb and gutter inventory. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 21: SECOND READING OF ORDINANCE ADOPTING 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. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member McCoy, to adopt the Ordinance approving Amendment No. 1 to Development Agreement No. 94-2 between the City of Cypress and Warland Investments Company ("Developer"). The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McCoy, Piercy, Sondhi, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: 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. ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO. I TO DEVELOPMENT AGREEMENT NO. 94-2 BETWEEN THE CITY OF CYPRESS AND WARLAND INVESTMENTS COMPANY ("DEVELOPER"). NEW BUSINESS No items were presented. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. The City Council meeting was recessed at 7:50 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 7:50 p.m. PRESENT: Agency Board Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Chairperson McGill ABSENT: None Agency Board Member Piercy requested Item No. 22 be pulled from the Redevelopment Agency Consent Calendar. CITY COUNCIL MINUTES JUNE 11, 2001 Consent Calendar: Regarding Item No. 22: CONSIDERATION OF THE REQUEST FOR PROPOSALS FOR THE RESIDENTIAL DEVELOPMENT OF THE WICKER DRIVE SITE LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND ORANGE AVENUE, Agency Board Member Piercy asked if it could be mandated that the Sycamore tree on the site be saved, rather than the current wording of "highly desired." The City Manager stated the City would like to encourage the developer to replant the tree somewhere else on the site. The current site, in the public right-of-way, is not workable from a curb, gutter, and sidewalk aspect or with the flow of traffic. It was moved by Agency Vice Chairperson Sondhi and seconded by Agency Board Member McCoy, that the Cypress Redevelopment Agency receive and file the Request for Proposals prepared for the Wicker Drive site and authorize its distribution to the proposed list of residential developers. 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 The Redevelopment Agency was adjourned at 8:00 p.m. The City Council reconvened at 8:00 p.m. 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 two Orange County Transportation Authority board meetings where the Riverside to Orange County connection survey was discussed and 2001-2002 budget issues. Attended the Southern California Association of Governments Transportation and Communications Committee meeting. Attended the Chamber of Commerce awards ceremony. Council Member Piercy: Attended the Orange County Sanitation District Operations and Maintenance Technology subcommittee meeting where sewer repairs in the participating cities was discussed. Mayor Pro Tem Sondhi: Attended the Orange County Housing Commission meeting where a report on the 2001 Orange County Community Indicators was given. Council Member McCoy: Attended the Orange County Fire Authority meeting where management and the firefighters union are discussing Assemblyman Maddox's bill, which has currently been shelved, to work out issues amongst themselves. CITY COUNCIL MINUTES JUNE 11, 2001 Mayor McGill: Attended the Cypress Chamber of Commerce Installation Dinner where the Man, Woman, and Business of the Year were honored. Attended the Mayor's Prayer Breakfast. The City Council met with the Cable Television and Technology Commission and the Cultural Arts Commission on June 7, 2001. ITEMS FROM CITY MANAGER: No items were presented. The City Council meeting was recessed to Closed Session at 8:23 p.m. The City Council meeting was reconvened at 8:36 p.m. REPORT OF CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items. The City Attorney reported that the Council met regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiator: Richard Storey and William W. Wynder, Employee Organizations: Cypress Employees Association, Cypress Maintenance Employees Association, Cypress Maintenance Supervisors Association, and Cypress Police Officers Association. The City's negotiator provided a report to the Council on the status of each negotiation and discussed possible additional negotiation strategies. The City Council unanimously authorized negotiation authority for each employee association. No other action was taken or solicited in Closed Session. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:40 p.m. to Monday, June 18, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: I~.CLERK OF TH~.~ITY OF ~Y~'RESS 9