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HomeMy WebLinkAboutMinutes 2001-08-2701.3 MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 27, 2001 A regular meeting of the Cypress City Council was called to order at 7:00 p.m. by Mayor McGill in the City 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, Director of Finance and Administrative Services, Community Development Director, Chief of Police, Public Works Director, Planning Manager, Recreation Services Manager, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Keenan. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Resolution recognizing Captain Robert Krauss upon his retirement. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney stated he had received a telephone call from legal counsel for the Los Alamitos Race Track, in which agenda items regarding the Los Alamitos Race Track were discussed. During the course of the conversation, legal counsel for the Los Alamitos Race Track requested the City Council and Redevelopment Agency defer action and that failure to do so would result in litigation being filed against the City. The Council unanimously authorized, with Mayor Pro Tem Sondhi not participating, to hold a Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1) and (3)(e), Number of Cases: One. The Council was briefed on the legal significance of an item of correspondence received from the law firm of Caswell, Bell and Hillison, as well as correspondence from the law firm of Sheppard, Mullin, Richter and Hampton. Because it was a briefing and a discussion of legal issues, no action was taken nor was any action 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. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). CITY COUNCIL MINUTES AUGUST 27, 2001 014 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 stated a request to continue this item to September 24, 2001, was received in order to allow the City and representatives of Cottonwood Christian Center additional time to discuss matters. It was moved by Council Member Keenan and seconded by Council Member Piercy, to continue the item to the September 24, 2001, City Council meeting. The motion was carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi Mayor Pro Tem Sondhi did not participate in this action due to her ownership of property in proximity to the project area. The City Attorney stated staff had requested that a joint public hearing be held for Item No. 2 and Item No. 3 since it involves the same site and issue. Item No. 2: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 99-5, A REQUEST TO EXTEND THE HOURS OF OPERATION FOR A PROPOSED KOREAN RESTAURANT LOCATED AT 5721 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE LINCOLN AVENUE SPECIFIC PLAN AREA. The Planning Manager provided information on Item No. 2 and Item No. 3. The public hearing was opened. Young Yi, representing the restaurant applicant, stated the current hours of operation allowed would not be profitable for the business. They will accept staff's recommendation for closing at midnight. 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. Council Member Keenan stated he has some concerns regarding closing at midnight and the noise this may create. He would like the business to be monitored and any problems brought back before the Council. Council Member McCoy stated he has similar concerns and would like this brought back to Council in six months to discuss any concerns the neighborhood might have. It was moved by Council Member Piercy and seconded by Council Member McCoy, to adopt the Resolution approving amendment to Conditional Use Permit No. 99-5 - with conditions. CITY COUNCIL MINUTES 01.5 AUGUST 27, 2001 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None RESOLUTION NO. 5458 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 99-5 - WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-7, A REQUEST TO EXTEND THE HOURS OF OPERATION FOR THE COMMERCIAL CENTER LOCATED AT 5721 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE LINCOLN AVENUE SPECIFIC PLAN AREA. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Resolution approving amendment to Conditional Use Permit No. 87-7 - with conditions. 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 RESOLUTION NO. 5459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-7 - WITH CONDITIONS. CONSENT CALENDAR: All matters listed on the Agenda under "Consent CalendaF' 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. 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. 4 through 10 and 12 through 14. 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. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF AUGUST 13, 2001. Recommendation: That the City Council approve the Minutes of the Meeting of August 13, 2001, as submitted. Item No. 5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. CITY COUNCIL MINUTES 016 AUGUST 27, 2001 Item No. 6.'. APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-25, A REQUEST TO CONSTRUCT A 5,991 SQUARE FOOT, TWO-STORY SINGLE- FAMILY RESIDENCE AT 8741 ACACIA DRIVE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-25 - with conditions. RESOLUTION NO. 5460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-25 - WITH CONDITIONS. Item No. 7: ADOPTION OF RESOLUTION RECOGNIZING ROBERT KRAUSS, POLICE CAPTAIN, UPON HIS RETIREMENT. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, recognizing Robert Allen Krauss, Police Captain, upon his retirement. RESOLUTION NO. 5461 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING ROBERT ALLEN KRAUSS, POLICE CAPTAIN, UPON HIS RETIREMENT. Item No. 8: PROCLAIMING THE MONTH OF SEPTEMBER, 2001, AS "PROSTATF CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of September, 2001, as "Prostate Cancer Awareness Month" in the City of Cypress. Item No. 9: RENEWAL OF AGREEMENT FOR PROVISION OF ENVIRONMENTAl HEALTH SERVICES BETWEEN THE COUNTY OF ORANGE AND THE CITY OF CYPRESS. Recommendation: That the City Council: 1) Approve the proposed Health Services Agreement between the County of Orange Health Care Agency and the City of Cypress; and 2) Authorize the Mayor to execute said Agreement. Item No. 10: APPROVAL OF AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT TO RECEIVE MATCHING FUNDS FROM THE COOPERATIVE PROJECT PROGRAM FOR SEWER CONDITION ASSESSMENT PLAN, PUBLIC WORKS PROJECT NO. 2001-16. Recommendation: That the City Council: 1) Approve the attached agreement with Orange County Sanitation District to receive matching funds from the Cooperative Project Program for Sewer Condition Assessment Plan, Public Works Project No. 2001- 16; and 2) Authorize the Mayor to execute the agreement; and 3) Approve an appropriation in the amount of $185,000 from the unreserved fund balance of the Sewer Fund to Account No. 4187-41-436-24; and 4) Approve an increase in the estimated revenues for the Sewer Fund (Other Grants - Account No. 3525-41) in the amount of $92,500; and 5) Authorize staff to solicit proposals for preparation of Sewer Master Plan. Item No. 12: INTENTION TO VACATE PORTION OF LANDSCAPE EASEMENT, TRACT NO. 15754. Recommendation: That the City Council adopt the Resolution by title only, title as follows, declaring its intention to order the vacation of portion of public landscape easement along north side of Peppertree Way, Tract 15754. CITY COUNCIL MINUTES 017 AUGUST 27, 2001 RESOLUTION NO. 5462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DECLARING ITS INTENTION TO ORDER THE VACATION OF PORTION OF PUBLIC LANDSCAPE EASEMENT ALONG NORTH SIDE OF PEPPERTREE WAY, TRACT 15754. Item No. 13: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2001. Recommendation: Receive and file. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 49864 THROUGH 50090. Recommendation: Approve the attached warrant register. ReqardinqltemNo. 11: APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE SPECIFICATIONS AND 2000-01 RESIDENTIAL/BUSINESS PARK STREET RESURFACING, PHASE II, PUBLIC WORKS PROJECT NO. 2001-13, Council Member Keenan asked if Holder Street is considered an arterial and why it is not included in the resurfacing project. The Public Works Director stated Holder Street is an arterial highway and is handled under a different program. The City is hopeful it will receive financing from OCTA to assist in improvements to the arterial highways. It was moved by Council Member Keenan and seconded by Council Member McCoy, that the City Council: 1) Approve the plans and specifications for the 2000-01 Residential/Business Park Street Resurfacing Phase II Project; and 2) Authorize City staff to advertise the project for bids. 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 END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 15: SECOND READING OF ORDINANCE ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Ordinance adopting the Second Amendment to the Redevelopment Plan for the Lincoln Avenue Redevelopment Project and the Amended and Restated Plan prepared in connection therewith. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None CITY COUNCIL MINUTES 018 AUGUST 27, 2001 ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT AND THE AMENDED AND RESTATED PLAN PREPARED IN CONNECTION THEREWITH. NEW BUSINESS No items were presented. UNFINISHED 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 7:37 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 7:37 p.m. PRESENT: Agency Board Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Agency Chairperson McGill ABSENT: None It was moved by Agency Vice Chair Sondhi and seconded by Agency Board Member Keenan, to approve Consent Calendar Item No. 16. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: NOES: 0 AGENCY MEMBERS: ABSENT: 0 AGENCY MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None Consent Calendar: Item No. 16: AMENDMENT TO HELP II PROGRAM GUIDELINES TO ADDRESS APPLICATION RESUBMITTAL FOLLOWING A PREVIOUS CANCELLATION. Recommendation: That the Cypress Redevelopment Agency: 1) Approve the amendment of the Home Enhancement Loan Program Guidelines to add the following provision to the "Eligibility Requirements" section: Applicants who have previously participated in the Home Enhancement Loan Program but elected to cancel prior to program completion, must reimburse the Agency for fees incurred as a result of the cancellation (with the reimbursement amount limited to the greater of either the cost incurred by the Agency or $500.00) as a condition of subsequent program participation. Additionally, a written explanation providing the reasons for the cancellation as well as assurance that circumstances leading to the cancellation have been rectified, shall also be required. END OF CONSENT CALENDAR CITY COUNCIL MINUTES AUGUST 27, 2001 0 .9 JOINT PUBLIC HEARING WITH THE CYPRESS CITY COUNCIL The City Council meeting reconvened at 7:38 p.m. Item No. 17: SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMtTOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. The Deputy Executive Director provided information on this item. Dan Slater, Agency Counsel, provided a summary of the written responses to the written objections. The City Attorney read the titles of the Resolutions being presented to the City Council. It was moved by Council Member Piercy and seconded by Council Member Keenan, to adopt the Resolution adopting the written responses to written objections on the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area and the Negative Declaration prepared in connection with the Second Amendment. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill 0 COUNClLMEMBERS: None 0 COUNClLMEMBERS: None 1 COUNClLMEMBERS: 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. 5463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE WRITTEN RESPONSES TO WRITTEN OBJECTIONS ON THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AND THE NEGATIVE DECLARATION PREPARED IN CONNECTION WITH THE SECOND AMENDMENT. It was moved by Council Member Piercy and seconded by Council Member Keenan, to adopt the Resolution adopting the Negative Declaration prepared in connection with the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. The motion was carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCILMEMBERS: Keenan, McCoy, Piercy, and McGill COUN(;ILMEMBERS: None COUN(;ILMEMBERS: None COUN(;ILMEMBERS: 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. 5464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE NEGATIVE DECLARATION PREPARED IN CONNECTION WITH THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. 7 CITY COUNCIL MINUTES AUGUST 27, 2001 The City Attorney read the title of the Resolution being presented to the Redevelopment Agency. It was moved by Agency Board Member Keenan and seconded by Agency Board Member Piercy, to adopt the Resolution adopting the Negative Declaration prepared in connection with the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. 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 Chair Sondhi did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO. CRA-99 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, ADOPTING THE NEGATIVE DECLARATION PREPARED IN CONNECTION WITH THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA. The City Attorney read the title of the Ordinance being presented to the City Council. It was moved by Council Member McCoy and seconded by Council Member Piercy, to introduce for first reading by title only and to waive further reading of the Ordinance adopting the Second Amendment to the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project. 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 COUNCILMEMBERS: 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT. The Redevelopment Agency was adjourned at 7:57 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Allen Crowder, Cypress, asked if the City had hired a new Recreation and Community Services Director. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. CITY COUNCIL MINUTES AUGUST 27, 2001 Council Member Keenan: Attended an Orange County Transportation Authority Committee meeting where changes in the bus systems being proposed for December 2001 were discussed. Attended an Orange County Transportation Authority Board meeting where a public hearing on the bus system changes was held and salary changes for bus drivers was approved. Council Member Piercy: Attend an Orange County Sanitation District meeting where Orange County infrastructure issues and the Santa Ana Watershed Project Area were discussed. Mayor McGill: Attended a West Orange County Cities meeting with Council Member Keenan where briefings on transportation were provided. Attended a joint mixer with the cities of La Palma, Los Alamitos, and Cypress at the Joint Forces Training Reserve Base. Mayor Pro Tem Sondhi: Attended an Orange County Housing and Community Development meeting, and provided information on Section 8 Housing Assistance applicant statistics. Mayor Pro Tern Sondhi stated she had received information from the Orange County Regional Airport Authority advising of a public hearing for the Environmental Impact Report of the proposed El Toro Airport by the Board of Supervisors at the County Hall of Administration on September 4, 2001. ITEMS FROM CITY MANAGER: The City Manager stated a press release would be issued on August 28, 2001, announcing the appointment of the new Recreation and Community Services Director. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:23 p.m. to Monday, September 10, 2001, beginning at 5:00 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: CLERK OF THE~.,q;ITY. OF CYPRESS 9