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Minutes 2001-10-08046 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 8, 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, Piercy, Mayor Pro Tem Sondhi, Mayor McGill ABSENT: None STAFF PRESENT: City Manager, City Attorney, Director of Finance and Administrative Services, Community Development Director, Public Works Director, Recreation and Community Services Director, Assistant to the City Manager, and City Clerk. The Assistant to the City Manager stated the purpose of the workshop is to discuss and formulate alternatives to the options of setting commissions. In establishing commissions, the City Council will also be addressing committees, task forces, and boards. By definition, commissions are appointed bodies that serve an advisory capacity, provide citizen input and policy recommendations to the City Council. A board is also appointed and can be assigned supervisory or investigatory powers. Committees are a body that can be appointed by the Council to engage in a particular study to advise the Council, and can be long or short term. A task force is appointed to accomplish a definitive objective, and once that objective is met, that particular group is disbanded. The Assistant to the City Manager stated the City's Municipal Code addresses each current commission under six different ordinances, and lacks uniformity in language in defining the composition, term length, and term limits. Staff is recommending that the current ordinances be revoked and replaced with a new ordinance that has uniform language concerning the creation, definitions, why and how commissions are formed, the number of members, appointment and removal process, and eligibility of applicants. It is staff's recommendation to narrow the scope of the recruitment process to provide uniform lengths of terms. The recruitment process would begin in April for terms ending June 30th. Applications would be accepted by the City Clerk and kept on file until March 30th of the following year, with Council interviews conducted in May and June. Reappointment would not be automatic and appointments would be made by Council majority vote. Criteria for removal of a commissioner and commission absences was also reviewed. Staff is still maintaining term limits of two full four-year terms. The Assistant to the City Manager stated it is important to define roles of the appointed members and that any type of appointed position is advisory in capacity. Staff is recommending that appointments be made to 2002 seats and current commissioners serve until their successors or themselves are seated, which will even ap the rotation. Four of the six commissions currently serve under the Recreation Department and staff is recommending an integration of elements with two of these commissions now be considered as standing committees reporting to the Recreation Commission. This recommendation is based upon staff constraints in the Recreation Department along with overlapping issues. Council Member Keenan asked about the current stipend paid to commissioners. CITY COUNCIL MINUTES OCTOBER 8, 2001 047 The Assistant to the City Manager stated the City currently pays $25.00 per regular meeting. It was the consensus of the City Council the stipend be set at $50.00. The City Attorney asked that a Closed Session item be added, pursuant to Government Code Section 54956.9(a), Conference with Legal Counsel - Existing Litigation, Spernak v. City of Cypress, Orange County Superior Court Case #790938 and Orange County Superior Court Case #792883, to consider a proposed settlement agreement. It was moved by Council Member Keenan and seconded by Council Member McCoy, to add the Closed Session agenda item. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi and McGill None None At 6:27 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 7:07 p.m. by Mayor McGill. 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, Recreation and Community Services Director, Assistant to the City Manager, Planning Manager, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Keenan. INVOCATION:. The invocation was given by Mayor McGill. PRESENTATIONS: The Mayor presented a Resolution to Dr. Marjorie Lewis, President, Cypress College, commending Cypress College on the occasion of its 35th Anniversary. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that a workshop was held regarding the establishment of Council policies and rules for commission appointments and the roles and duties of commissioners. Staff surveyed other cities and presented their findings to the Council. Staff received further input from the Council as to their desire for how to pursue putting together a new ordinance for the commissions. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council met regarding labor negotiations and the Cypress Police Officers Association has accepted the City's third and final offer. 2 CITY COUNCIL MINUTES OCTOBER 8, 2001 The contract will be brought back to the City Council for formal approval at the next Council meeting. The City Attorney reported that the City Council also met regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding pending litigation to which the City is a party entitled Spemak v. City of Cypress, Orange County Superior Court Case Nos. 790938 and 792883. Mr. Spernak has signed the settlement agreement with the terms and conditions becoming public once the agreement is fully executed, The City Council unanimously authorized the City Manager to enter into the agreement. The City Attorney reported that the City Council met in Joint Closed Session with the Redevelopment Agency regarding Conference with Real Property Negotiations, pursuant to Government Code Section 54956.8, Property: Approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel; Under Negotiation: Price and Terms of Payment, and Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of cases: Four. The ongoing negotiations with representatives of Cottonwood Christian Center and the owners of the Los Alamitos Race Track have resulted in the execution of Tolling Agreements involving the redevelopment proiect area and the moratorium study area. There will be an in-person meeting on Wednesday between representatives of Cottonwood Christian Center and the City of Cypress regarding a deal point memorandum. Mayor Pro Tem/Agency Vice Chair Sondhi did not participate in any of the negotiations involving the project area due to her ownership of property in the project area. No action was taken in Closed Session, nor was any solicited. Mayor McGill introduced Earleen Chandler, the new Director of Recreation and Community Services for the City of Cypress. Chief Hensley reported that, to date, the Cypress Police Department has collected $110,000 in donations for the New York City Police/Firefighter Widow & Orphans Fund. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING TO CONSIDER THE EXTENSION OF AN INTERIM URGENCY ORDINANCE - LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT. The Planning Manager provided background information on this item. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. Mike Wilson, Cottonwood Christian Center, stated that he objects to the extension of the moratorium. He feels the City has had enough time for review and that any further delay will create a financial burden upon Cottonwood Christian Center and hinder their religious exercise. 3 CITY COUNCIL MINUTES OCTOBER 8, 2001 049 Pastor Tom Schulte, Cottonwood Christian Center, stated he also objects to the extension of the moratorium. He stated that he feels the moratorium has been a violation of the Religious Land Use and Institutional Persons Act of 2000. Alice Batts, Cypress, stated that the City has had one year to do a study, and the City should evaluate the process if it is going to take longer. The public hearing was closed. The City Attorney stated that the City has worked in good faith for well over a year with the representatives of Cottonwood Christian Church, but periodically for their own public relations purposes, they come to the dais and say things that are not accurate or correct, and occasionally the record has to be corrected. The first and most flagrant misrepresentation that has been made to the Council this evening is the refusal on the part of the Council to meet with Cottonwood Christian Church. What was refused of Cottonwood Christian was the right to lobby individual members of the Council individually outside of the context of a public meeting. Legal Counsel for Cottonwood was written and followed up by a letter from the City Manager making an offer to meet with any and all representatives of Cottonwood Christian in an open and public meeting, publicly noticed so that the world could watch the process at work at the Cottonwood Christian Center, to listen to their ministry and anything they want to say. The offer has been flatly rejected so one has to ask why is it that representatives of Cottonwood would be unwilling to meet directly with the Council in a public environment in the open light of day. What is the need for representatives of the church to lobby individual members of the Council one-on-one behind closed doors where the citizens of Cypress are not being made aware of what is being said to them. This needs to be put on the record clearly and directly. The representation made here is flatly incorrect. Secondly, with respect to the process, the City Attorney stated he finds it interesting that the last speaker, and all of the speakers from Cottonwood Christian, ask why staff can't do this or that, or why is staff so slow that it can't move fast in a year. There is a simple answer to that. It takes two to tango, and in this case, it takes three to make this deal. The City has been negotiating in good faith and he will not characterize the positions taken by Cottonwood Christian, which over the past year, in his legal opinion, were unreasonable since the City is now working together cooperatively. It is not a question of why can't staff work faster. From staff's perspective, he could say why can't the ministers from Cottonwood Christian work faster. If the ministry is so essential to them, why does this deal have to be done only on their terms and on no other terms. He believes the City has made significant concessions in order to make a win-win-win arrangement in this City so that all facets of the community can we welcomed and still continue to survive as a viable public agency providing services to the residents. With respect to eminent domain, the position taken by some of the property owners in the project area is that the City should give up it's right to exercise eminent domain. There is no city in the United States, and certainly no city in California, that would ever say that as a condition to do a deal they would surrender their right to marshal properties to go about the business of development and redevelopment in the community. The City of Cypress, when it extended the life of its eminent domain, paid for a consultant to look at all of its project areas. The City did these as a matter of routine; all three project areas had these done. Prior to the action of City Council, Cottonwood's property was no more at risk at being taken by eminent domain than after the exercise of that power. This was garden variety, clean up legislation that has somehow been turned into some sort of evil or venal motive on the part of the City, which is not true. No city is going to surrender that power and any property owner that demands that as a condition of doing a deal, in his legal opinion, is not negotiating in good faith. 4 CITY COUNCIL MINUTES OCTOBER 8, 2001 030 Finally, he stated that criticizing a public survey, which if you saw the survey, a small part of that survey considered issues with respect to the redevelopment project area at the race track, and to accuse the City of somehow trying to cast Cottonwood Christian in a particular light is not a fair look at the survey. The survey served a vast majority of issues like the Lincoln Avenue Project Area, the Ball Road improvements, what to do with the Wicker property, satisfaction with Police services, satisfaction with Fire services, and satisfaction with Public Works services. More importantly, when individual views were surveyed, there was an effort made to survey all sides of the issue. In fact, when the survey researcher tested the views of the community on development in the project area where property is owned by Cottonwood Christian, the surveyors asked residents of the City questions that were designed to be sympathetic towards the views of Cottonwood Christian and other property owners. It was intended to give the City a bona fide and honest feedback about a variety of issues of which one small portion was the Los Alamitos Race Track property area. To characterize the study as some sort of a hit job on some property owner is unfair, and if Cottonwood's consultants believe it to be unfair, he would invite them to come here, and the survey research will be brought and the Council will decide for itself how objective that process was. It is also important to note for members of the public at the meeting and watching by television, not a single member of the Council or Agency had any input on the formulation of that survey, how it was conducted, how the data was assembled, and how it was reported. They heard it for the first time when it was presented to the public. The City Attorney apologized if he offended anyone in his process of venting. The bottom line is it takes three parties to make this deal work. In his opinion, the City has worked on it in good faith and it has taken well over a year because the properties and processes are complex and complicated by the zoning overlays on some of the property. If the rhetoric is turned down and toned down by all parties, and concentrate on a comprehensive deal point memorandum which has been exchanged between Redevelopment Agency special counsel and Cottonwood special counsel, and not come to the dais attacking each other back and forth but negotiate in good faith in the spirit of the Christian ethic, we will reach a compromise that will be acceptable to all parties within the time specified by law. None of these things constitute a basis for not extending this moratorium because the fact is, while we are making progress, we do not have a deal and this moratorium is about to expire. In order to preserve the status quo so a bona fide good faith deal can be negotiated for all of the reasons set forth in the staff report, the accompanying resolution and the presentation, we are recommending the Council extend the moratorium. The City Manager stated the moratorium is not addressing just property owned by Cottonwood and/or the race track, but also involves several parcels that are owned by the golf course. It is difficult to schedule appointments, to have discussions, for those people to go back to their respective parties, and to get back in some relatively short period of time to be able to collectively look at an overall scheme of things. For instance, the ownership of the golf course is headquartered in Tokyo. While conversations may be made locally, it takes time for that individual to report back to Tokyo, which may necessitate an appearance from representatives from the golf course in person. Additionally, this also involves the ongoing plans for the Marriott, which is under construction, fitting into the overall scheme of design. There is a vacant piece of land just east of the proposed Marriott Residence Inn which is up for sale and how does that fit into the overall scheme of things. The City of Los Alamitos controls the entire street that fronts all of Katella Avenue, and the City does not have control of the access to and from the middle of the road. Permission must be given so the City has been having dialogue with Los Alamitos. This is not just an easy task, which is why the law allows for two years to use this process. Additionally, that in light of negotiations, should those negotiations prove to be successful, the Council has the liberty at any time, despite whether they adopt this moratorium for another year, to remove the moratorium. They could actually do that next week. While the year may seem like another length of time, should the negotiations prove to be successful in a shorter period of time, the Council has at their discretion to terminate the moratorium. 5 051 CiTY COUNCIL MINUTES OCTOBER 8, 2001 It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Urgency Ordinance extending by twelve (12) months Interim Ordinance No. 1006 prohibiting the granting, by the City Council or Community Development Department, of Land Use Development Entitlements, Zoning Variances, General Plan Amendments, Specific Plan Amendments, or Other Discretionary Land Use Permits within the geographic boundaries of the Los Alamitos Race Track and Golf Course Redevelopment Project, pending completion of studies, General Plan Amendments, Specific Plan Amendments, Project Area Amendments, or related Planning or Zoning Ordinances (or Amendments thereto) for a Cypress Town Center. 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. ORDINANCE NO. 1015 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA EXTENDING BY TWELVE (12) MONTHS INTERIM ORDINANCE NO. 1006 PROHIBITING THE GRANTING, BY THE CITY COUNCIL OR COMMUNITY DEVELOPMENT DEPARTMENT, OF LAND USE DEVELOPMENT ENTITLEMENTS, ZONING VARIANCES, GENERAL PLAN AMENDMENTS, SPECIFIC PLAN AMENDMENTS, OR OTHER DISCRETIONARY LAND USE PERMITS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT, PENDING COMPLETION OF STUDIES, GENERAL PLAN AMENDMENTS, SPECIFIC PLAN AMENDMENTS, PROJECT AREA AMENDMENTS, OR RELATED PLANNING OR ZONING ORDINANCES (OR AMENDMENTS THERETO) FOR A CYPRESS TOWN CENTER. Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-10, A REQUEST TO CONSTRUCT A RETAIL/COMMERCIAL AND EXTENDED STAY HOTEL DEVELOPMENT AT THE NORTHEAST CORNER OF KATELLA AVENUE AND YAMAHA WAY IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. The applicant, Brent Ogden, Baycrest Development, stated they have been working with City staff for approximately nine months on developing the surplus property owned by Yamaha, and are willing to accept the conditions as proposed by staff. David Rose, Extended Stay America, stated they have been trying to find a site in the City of Cypress for the past five years and are very excited about being in the city. He stated they are a six-year-old company with 413 hotels. Mayor McGill asked if there was anyone who wished to speak against the item. Damola Are', Courtyard by Marriott, Cypress, stated hotels are in a recessive mode, even prior to the events of September 11, 2001, and his hotel is running approximately 10 occupancy points below last year. CITY COUNCIL MINUTES OCTOBER 8, 2001 Darrell Jones, Homestead Studio Suites, Cypress, stated he concurred with Courtyard by Marriott's findings of business being in a downtrend. Tourism and corporate travel is down which is resulting in layoffs and downsizing for his business and others. Dan Correa, Woodfin Suites, Cypress, stated he feels Woodfin would lose the most revenue of all the hotels should the project be approved. The public hearing was closed. Council Member McCoy asked for a definition of long-term occupancy. The Planning Manager stated under the current City Code, long-term occupancy is 30 days or 60 days within any calendar quarter. It would require anyone staying beyond that time to check out and check back in so the transient occupancy tax is maintained. Mr. Rose, Extended Stay America, stated that less than five percent of their business stays longer than 30 days. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Keenan, to adopt the Resolution approving Conditional Use Permit No. 2001~10, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Keenan, McCoy, Piemy, Sondhi and McGill None None RESOLUTION NO. 5486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2001-10 - WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 92-14 AND VARIANCE NO. 92-6, A REQUEST TO CHANGE THE OWNERSHIP, OPERATION, AND PARKING PROVISIONS (UNDER SECTION 25.7.A OF THE CITY PARKING STANDARDS) FOR AN EXISTING CHILD DAY CARE CENTER LOCATED AT 5805 CORPORATE AVENUE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Steve Bush, CEO of GFG T.T. Holdings, Inc., stated the licensing requirements for teachers is a ratio of one teacher for every four children (infants and toddlers) and one teacher for every twelve children (ages three to five). Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member McCoy and seconded by Council Member Piercy, to adopt the Resolution approving Amendment No. 2 to Conditional Use Permit No. 92-14 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 7 CITY COUNCIL MINUTES OCTOBER 8, 2001 O53 RESOLUTION NO. 5487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 92-14 - WITH CONDITIONS. Item No. 4: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 99-1 AND VARIANCE NO. 99-1, A REQUEST FOR A TIME EXTENSION FOR THE COMPLETION OF THE PHASE 2 SITE IMPROVEMENTS FOR AN AUTOMOTIVF REPAIR AND TOWING USE, INCLUDING TEMPORARY OUTDOOR OVERNIGHT PARKING, LOCATED AT 5640 LINCOLN AVENUE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Juan Rendon, stated he has made dramatic improvements to his location and has asked for an extension of 24 months in order to fulfill his obligation to the City. He stated he has experienced increased costs in fuel and insurance, which have caused the delay in completing the improvements. 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 stated she would be inclined to grant the 24-month extension provided a phase-in is created as proposed by the City. It was moved by Council Member Piercy and seconded by Council Member McCoy, to adopt the Resolution approving Time Extension No. 2 of Conditional Use Permit No. 99-1 - with conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TIME EXTENSION NO. 2 OF CONDITIONAL USE PERMIT NO. 99-1 - 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 McCoy requested Item No. 16 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. 5 through 15 and 17 through 18. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill None None CITY COUNCIL MINUTES OCTOBER 8, 2001 Item No. 5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 24, 2001. Recommendation: That the City Council approve the Minutes of the Meeting of September 24, 2001, as submitted. Item No. 6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 7: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-30, A REQUEST TO INSTALL AN EMERGENCY GENERATOR LOCATED AT 10743 PROGRESS WAY. Recommendation: title as follows, approving conditions. That the Mayor and City Council adopt the Resolution by title only, Design Review Committee Permit No. 2001-30 - with RESOLUTION NO. 5489 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-30 - WITH CONDITIONS. Item No. 8: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-32, A REQUEST TO INSTALL A TOTAL OF THREE (3) (ONE (1) 3'X9' AND ONE (1) PAIR OF 3'X9') STOREFRONT DOORS TO THE EXISTING BUILDING LOCATED AT 5757 PLAZA DRIVE. Recommendation: That the Mayor and City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2001-32 - with conditions. RESOLUTION NO. 5490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2001-32 - WITH CONDITIONS. Item No. 9: PROCLAIMING THE MONTH OF OCTOBER, 2001, AS "BREAST CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of October, 2001, as "Breast Cancer Awareness Month" in the City of Cypress. Item No. 10: PROCLAIMING THE MONTH OF OCTOBER1 2001, AS "RED RIBBON MONTH," AND OCTOBER 20-27, 2001, AS "RED RIBBON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of October, 2001 as "Red Ribbon Month," and October 20-27, 2001, as "Red Ribbon Week" in the City of Cypress. Item No. 11: PROCLAIMING OCTOBER 21-27, 2001, AS "WORLD POPULATION AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim October 21-27, 2001, as "World Population Awareness Week" in the City of Cypress. CITY COUNCIL MINUTES OCTOBER 8, 2001 Item No. 12: ADOPTION OF RESOLUTION COMMENDING CYPRESS COLLEGE ON THE OCCASION OF ITS 35TM ANNIVERSARY. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Cypress College on the occasion of its 35th anniversary. RESOLUTION NO. 5491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING CYPRESS COLLEGE ON THE OCCASION OF ITS 35TM ANNIVERSARY. Item No. 13: ADOPTION OF RESOLUTION CONDEMNING THE TERRORIST ATTACKS ON THE UNITED STATES ON SEPTEMBER 11, 2001, AND ENCOURAGING EVERY CITIZEN OF CYPRESS TO COME TOGETHER TO SUPPORT THE DETERMINATION OF THE PRESIDENT AND CONGRESS OF THF UNITED STATES OF AMERICA. Recommendation: That the City Council adopt the Resolution by title only, title as follows, condemning the terrorist attacks on the United States on September 11, 2001, and encouraging every citizen of Cypress to come together to support the determination of the President and Congress of the United States of America. RESOLUTION NO. 5492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONDEMNING THE TERRORIST ATTACKS ON THE UNITED STATES ON SEPTEMBER 11,2001, AND ENCOURAGING EVERY CITIZEN OF CYPRESS TO COME TOGETHER TO SUPPORT THE DETERMINATION OF THE PRESIDENT AND CONGRESS OF THE UNITED STATES OF AMERICA. Item No. 14: AWARD OF CONTRACT FOR REPLACEMENT OF TWO CITY VEHICLES. Recommendation: That the City Council award a contract to pumhase two (2) 2001 Chevy Blazers from Wondries Fleet Division, 1247 W. Main Street, Alhambra, California 91803, in the amount of $39,992.16. Item No. 15: AWARD OF CONTRACT FOR THE RESIDENTIAL/BUSINESS PARK STREET RESURFACING, PHASE II, PUBLIC WORKS PROJECT NO. 2001-13. Recommendation: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2001-13 to be Roy Allen Slurry Seal, Inc., 11922 Bloomfield Avenue, Santa Fe Springs, California 90670; and 2) Award a contract for Residential/Business Park Street Resurfacing, Phase II, in the amount of $247,733.13 (bid amount of $225,211.94 plus 10% contingency) to Roy Allen Slurry Seal, Inc. Item No. 17: A FIVE-YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 96-7, INVOLVING AN EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 6803 INTERNATIONAL AVENUE. Recommendation: That the City Council receive and file. Item No. 18: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 50436 THROUGH 50665. Recommendation: Approve the attached warrant register. Regarding Item No. 16: AWARD OF CONTRACT FOR SORRENTO LANDSCAPF MAINTENANCE, Council Member McCoy stated he would like to request that staff closely monitor the contractor to make sure the contractor is performing the work outlined in the agreement. 10 CITY COUNCIL M~NUTES OCTOBER 8, 2001 Council Member Keenan stated his recommendation would be to scale down the amount of landscaping and incorporate this area into the City-wide maintenance contract. It was moved by Council Member McCoy and seconded by Council Member Piercy, to award a three-year contract to TruGreen LandCare, 6683 Marine Way, Irvine, California 92618, to provide landscape maintenance in the Sorrento tract arterial street parkways, and Sorrento Drive parkways and medians, in the amount of $52,239 per year. 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. 19: SECOND READING OF ORDINANCE AMENDING SECTION 15C-10(i) OF THE CYPRESS CITY CODE RELATED TO BINGO GAMES - HOURSI DAYS OF OPERATION. It was moved by Council Member Keenan and seconded by Mayor Pro Tern Sondhi, to adopt the Ordinance amending Section 15C-10(j) of the Cypress Bingo Games Ordinance, regarding hours, days of operation. 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 ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 15C-10(j) OF THE CYPRESS BINGO GAMES ORDINANCE, REGARDING HOURS, DAYS OF OPERATION. Item No. 20: SECOND READING OF ORDINANCE AMENDING THE CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE THE PROVISION OF ONE-YEAR FINAL COMPENSATION. It was moved by Council Member McCoy and seconded by Council Member Keenan, to adopt the Ordinance authorizing an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Cypress. 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 ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OFTHE CALIFORNIA PUBLIC EMPLOYEES'RETIREMENT SYSTEM AND THE CITY OF CYPRESS. 11 057 CITY COUNCIL MINUTES OCTOBER 8, 2001 NEW BUSINESS Item No. 21: CONSIDERATION OF MEMBERSHIP FUNDING FOR THE ORANGF COUNTY REGIONAL AIRPORT AUTHORITY. The Assistant to the City Manager provided background information on this item, Mayor Pro Tem Sondhi stated the continued operation of an organization is only as good as the ability to be able to move forward an agenda. She stated her request to have this item agendized was to allow an open discussion and feedback about the City considering putting funding into the Authority. Mayor McGill stated he was not prepared to contribute a financial donation until future Authority agenda items are addressed. The City Attorney stated the concern could be the assertion of the improper expenditure of money to try to influence the outcome of a decision rather than a public information campaign. Council Member Keenan asked if discussion on this item could be continued to the next meeting, which allows Mayor Pro Tem Sondhi to attend an OCRRA meeting and receive additional information. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, that the Cypress City Council continue to support membership in the Orange County Regional Airport Authority. 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 It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, to table the consideration of monetary support for the Orange County Regional Airport Authority. 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 UNFINISHED BUSINESS None. RECREATION & PARK DISTRICT MATTER,~: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. None. The City Council meeting was recessed at 10:28 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERR: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 10:34 p.m. 12 CITY COUNCIL MINUTES OCTOBER 8, 2001 PRESENT: Agency Board Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Chairperson McGill ABSENT: None Agency Board Member Keenan requested Item No. 22 be pulled from the Consent Calendar. Regarding Item No. 22: CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND FIELDSTONE COMMUNITIES, INC., FOR A 5.28 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND ORANGE AVENUE, Agency Board Member Keenan asked for additional information from the Executive Director. The Executive Director provided background information and commended Community Development staff on the remarkable job they have done in a shod period of time. The Deputy Executive Director provided an overview of the entire Wicker Drive Project. He stated Fieldstone Communities, Inc., was chosen as the developer for the site. Frank Foster, President/CEO, Fieldstone Communities, Inc., stated that, on behalf of their entire team, how delighted they are that their project is being proposed for approval. Mr. Foster provided background information on Fieldstone Communities, Inc. Jo Domingo, Assistant Secretary, Fieldstone Communities, Inc., presented the street scene and site plan for the Sycamore Lane project to the City Council. It was moved by Agency Vice Chair Sondhi and seconded by Agency Board Member Piercy, that the Cypress Redevelopment Agency approve the Exclusive Negotiation Agreement between the Agency and Fieldstone Communities, Inc., for a 5.28 acre site located at the northwest corner of Walker Street and Orange Avenue, and authorize the Chairman to execute the Agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None The Redevelopment Agency was adjourned at 10:53 p.m. The City Council meeting reconvened at 10:53 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 McCoy: Attended an O.C. Fire Authority meeting where the building of a fire memorial at the new training center in Irvine was discussed. Mayor Pro Tern Sondhi: Attended the last show of "Good Morning Miss Vickers" at the Cypress Theater. 13 059 CITY COUNCIL MINUTFS OCTOBER 8, 2001 Council Member Piercy: Attended an O.C. Sanitation District meeting regarding full secondary treatment at the facility. Council Member Keenan: Attended an O.C. Council of Governments general meeting where reports by Edison and SCAG related to the energy situation were provided. Attended an OCTA Committee meeting where an update on tentative results from an onboard customer satisfaction survey was provided. Attended a SCAG Transportation and Communications Committee meeting. Attended a Gateway Cities Council of Governments meeting where a number of government agencies involved in MAGLEV were introduced to cities along the corridor of the Orange Line proposal. Council Member Keenan thanked and commended the City Attorney for being the master of ceremonies at the "Let Freedom Sing" fundraising concert, and the City Manager and staff for their work at the event. Mayor McGill: Attended the Festival Recognition Dinner with some members of Council. Attended a lunch with Council Member Keenan for four state senators. Attended the grand opening of Mr. Kimchi's Restaurant. Mayor McGill requested the discussion regarding a Town Hall Meeting be placed on the City Council agenda for October 22, 2001. ITEMS FROM CITY MANAGER: No items were presented. ADJOURNMENT: Mayor McGill adjourned the meeting at 11:03 p.m. to Monday, October 22, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: ~/~i-Y CLERt~ OF'"THI~I:I'Y OF (~'~PRESS 14