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Minutes 2001-10-2201 0 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 22, 2001 A regular meeting of the Cypress City Council was called to order at 5:42 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 Attorney, Director of Finance and Administrative Services, Community Development Director, Public Works Director, Police Chief, Recreation and Community Services Director, Assistant to the City Manager, and City Clerk. Assemblyman Tom Harman stated he wanted to provide the Council with information on issues affecting the state. He stated a Task Force on the Impact of Terrorism in California has been formed as a result of September 11, 2001, and hearings are being held throughout the state. The focus has been in the areas of disaster response, disaster recovery, and disaster management. Formal written reports should be coming from the committee within several weeks. Assemblyman Harman stated the Governor and Attorney General have formed the California Anti-Terrorism Information Center, which is available to authorized law enforcement agencies, where a database of information will be accessible. Mayor Pro Tem Sondhi questioned who was coordinating the efforts and communications in California, as some efforts seem fragmented. Assemblyman Harman stated he shares those thoughts and concerns, and believes the Governor and the administration are working on a bipartisan level to coordinate everything. Mayor McGill asked Assemblyman Harman about the California Regional Water Quality Control Board's implementation of two waste discharge requirements that will be costly and burdensome to local agencies. Assemblyman Harman stated he has heard from other cities in his district and will investigate the issue. Assemblyman Harman stated that a budget crisis for the state is expected with a concern for the next budget year also. It is estimated the budget deficit will be between $11 and $12 billion. He warned the Council that a potential target, which will impact cities, is the vehicle license fee. He provided the City Council with information on redistricting and a park bond that was passed by the legislature, which will provide a minimum of $220,000 to each city if approved by the voters. Assemblyman Harman stated the legislature had passed bills regarding contaminated property, lot line adjustments, spending Iow income housing monies outside of redevelopment agencies, and an extension of redevelopment debt. He also stated there would be no return of ERAF monies this year. CITY COUNCIL MINUTES OCTOBER 22, 2001 Chief Hensley asked that when the legislature looks at COPS Grants in the future, that the Police Chiefs be allowed to make recommendations to the City Council on how to use the money rather than to only use it for personnel costs. At 6:35 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 7:15 p.m. by Mayor McGill. PRESENT: Council Members Keenan, McCoy, Piercy, Mayor Pro Tem Sondhi, Mayor MoGill ABSENT: None STAFF PRESENT: 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 City Attorney Bill Wynder. PRESENTATIONS: Assemblyman Tom Harman provided a presentation regarding statewide updates including what California is doing to prevent and be prepared for any terrorism attacks, budget deficit projections that may impact the City's budget, required redistricting that is done after the Census is taken, and a park bond that was passed by the legislature that will be placed on the March ballot for approval by the voters. Kamran Dadbeh, Assistant City Engineer, made a presentation regarding the City of Cypress sewer system, including equipment, maintenance, and condition of the system. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The Director of Finance and Administrative Services reported that Assemblyman Tom Harman provided a presentation on statewide issues. 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 Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Jeffrey Silverstein, Agency claimed against: City of Cypress. The City Council unanimously directed the City Clerk to reject the claim in the manner specified by law. The City Attorney reported that the Council also met regarding Conference with Legal Counsel-Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of cases: Two. The City Council discussed a potential exposure to litigation resulting from a fatal traffic collision that occurred in the City. The Council unanimously directed the Chief of Police to continue working with the District Attorney's Office to complete an ongoing investigation, and directed the Public Works Department to continue its study of traffic issues and to re-establish a dialogue with Anaheim Union CITY COUNCIL MINUTES OCTOBER 22, 2001 High School District relating to traffic flows and their impact at Lexington Junior High School. The City Council also discussed a potential exposure to litigation with the City of Cypress and Warland Investments Company regarding the terms and conditions of an underlying development agreement. A potential settlement of the dispute was recommended by staff with the Council unanimously authorizing the City to enter into an agreement settling the dispute. The agreement will be available for public inspection when it has been fully executed by all of the parties. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to their next performance, an opera that will be presented on October 27, 2001 at 7:30 p.m. The following citizens spoke regarding traffic concerns near Orange Avenue and Via Entrada: Greg Patchen, Cypress Anne Hertz, Cypress Carol Wynder, Cypress Ashley Cleland, Cypress Danielle Osbon, Cypress Sue Osbon, Cypress Robyn Spiller, Cypress Jacqueline Fritz, Cypress Karen Gibo, Cypress Evelyn Marshall, Cypress Mayor McGill stated there were two telephone calls regarding the desire to have a traffic signal at the intersection of Orange and Via Entrada. The Chief of Police stated a report regarding the accident has been prepared and submitted to the District Attorney's Office for review and recommendation. The Public Works Director stated staff is working on a study that will be presented to the City Council as soon as possible. He also stated that staff has been working with Lexington Junior High School and made applications for funding to assist with the traffic light installation and parking lot reconfiguration. The Mayor stated a workshop to discuss this issue has been scheduled for December 10, 2001. 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 RELATING TO LAW ENFORCEMENT BLOCK GRANTS: FEDERAL GRANTS UNDER THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994." The Chief of Police 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. CITY COUNCIL MINUTES OCTOBER 22, 2001 Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, that the City Council: 1) Conduct a public hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Department intends to spend the grant funds; 2) Accept the awarded grant sum of $38,638 from the federal government and increase estimated revenues in the General Fund (3525-11); 3) Transfer $42,931 from the unreserved fund balance of the General Fund (Fund 11) to the Capital Replacement Fund (Fund 90); and 4) Appropriate $42,931 from the unreserved fund balance of the Capital Replacement Fund to account 4377-90-659-39 for the upgrade of equipment for marked police vehicles. 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 CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Council Member McCoy requested Item No. 7 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. 2 through 6 and 8 through 10. 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 8, 2001. Recommendation: That the City Council approve the Minutes of the Meeting of October 8, 2001, as submitted. Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: PROCLAIMING OCTOBER 27, 2001, AS "MAKE A DIFFERENCE DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim October 27, 2001, as "Make a Difference Day" in the City of Cypress. Item No. 5: ADOPTION OF RESOLUTION APPROVING PROGRAM SUPPLEMENT AGREEMENT NOS. 003-M AND O04-M TO LOCAL AGENCY-STATE AGREEMENT NO. 12-5330 TO SECURE FEDERAL FUNDING FOR DENNI STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2001-141 AND VALLEY VIEW STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2001-15. Recommendation: That the City Council adopt the Resolution by title only, title as follows, authorizing the City Engineer to execute the Program Supplement Agreement Nos. 003-M and 004-M to Local Agency-State Agreement No. 12-5330 to secure 4 CITY COUNCIL MINUTES OCTOBER 22, 2001 federal funding for Denni Street Rehabilitation, Public Works Project No. 2001-14, and Valley View Street Rehabilitation, Public Works Project No. 2001-15. RESOLUTION NO. 5493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING PROGRAM SUPPLEMENT AGREEMENT NOS. 003-M AND 004-M TO LOCAL AGENCY-STATE AGREEMENT NO. 12-5330 TO SECURE FEDERAL FUNDING FOR DENNI STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2001-14, AND VALLEY VIEW STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2001-15. Item No. 6: ACCEPTANCE OF 2000-2001 RESURFACING OF RESIDENTIAL/BUSINESS PARK STREETS1 PHASE 11 PUBLIC WORKS PROJECT NO. 2001-01. Recommendation: That the City Council: 1) Accept the project for 2000-2001 Resurfacing of Residential/Business Park Streets, Phase I, Public Works Project No. 2001-01, as being satisfactorily completed in conformance with the project specifications in the final amount of $295,251.99; and 2) Approve the final retention payment of $14,762.61 to Copp Contracting, Inc., P.O. Box 457, Buena Park, California 90621-0457, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed, and upon concurrence of the Director of Public Works; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, and upon concurrence of the Director of Public Works. Item No. 8: ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2001 THROUGH JUNE 301 2004. Recommendation: That the City Council adopt the Resolution by title only, title as follows, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Police Officers' Association. RESOLUTION NO. 5494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2001. Recommendation: Receive and file. Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 50666 THROUGH 50880. Recommendation: Approve the attached warrant register. Regarding Item No. 7: AWARD OF ANIMAL CONTROL SERVICES CONTRACT, Council Member McCoy asked if the cost was rising due to additional patrolling in the City of Cypress. The Public Works Director stated the main reason for the increase is due to a combination of more calls for service and fewer licenses being obtained for animals. 5 CITY COUNCIL MINUTES OCTOBER 22, 2001 It was moved by Council Member McCoy and seconded by Council Member Piercy, that the City Council approve the 2001-2002 Agreement for Animal Control and Shelter Services with the County of Orange, and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Attorney. 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 Council Member Keenan stated there have been comments in the press regarding the difficulty of the negotiations between the City and the Cypress Police Officers' Association, and he would like to commend staff for a job well done. END OF CONSENT CALENDAR NEW BUSINESS None. UNFINISHED BUSINESS None. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. None. The City Council meeting was recessed at 8:35 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 8:35 p.m. PRESENT: Agency Board Members Keenan, McCoy, Piercy, Agency Vice Chairperson Sondhi, Agency Chairperson McGill ABSENT: None New Business: Item No. 11: CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION FOR AN APPROXIMATELY 16 TO 18 ACRE SITF LOCATED AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET. The Deputy Executive Director provided background information on this item. The Agency Chairperson stated two telephone messages were received with both callers being in favor of bringing Costco to Cypress. It was moved by Agency Board Member Keenan and seconded by Agency Board Member McCoy, that the Cypress Redevelopment Agency approve the Exclusive Negotiation Agreement between the Agency and Costco Wholesale Corporation for an approximately 16 to 18 acre site located at the northwest corner of Katella Avenue and Walker Street. CiTY COUNCIL MINUTES OCTOBER 22, 2001 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. The City Attorney stated a letter was received today from Cottonwood Christian Center authorizing the Agency to enter into an Exclusive Negotiation Agreement with Costco under certain terms and conditions. He stated the City and Agency accepted those terms and conditions, and that the letter has been executed by the Mayor and Chair of the Agency. The Redevelopment Agency was adjourned at 8:42 p.m. The City Council meeting reconvened at 8:42 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The following citizens spoke regarding traffic concerns near Orange Avenue and Via Entrada: Greg Patchen, Cypress Sue Osbon, Cypress Robyn Spiller, Cypress Anne Hertz, Cypress Laurie Dinwiddie, La Palma Allen Crowder, Cypress, spoke regarding Agenda Item No. 11 and tree trimming concerns. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended an OCTA Board meeting on October 11, 2001, where it was unanimously agreed to use the design/build approach for the 22 Freeway and to add one staff person. Attended an OCTA Committee meeting where contracts related to LNG construction at the Anaheim bus base were discussed. Attended an OCTA Board meeting today where it was unanimously approved to begin preliminary engineering on the light rail project (Centerline). Council Member Keenan asked how it is determined when a crossing guard is needed at a crosswalk. The Public Works Director stated that currently crossing guards are not used at junior high schools and that all aspects will be considered and reviewed. Council Member Piercy: Attended the Commissioners' Appreciation Dinner and the Red Ribbon Kickoff Breakfast. 067 CITY COUNCIL MINUTES OCTOBER 22, 2001 Mayor Pro Tern Sondhi: Stated she would like to see an interim solution to the traffic issue agendized for the next regular meeting. Council Member McCoy: Attended a workshop presented by the Lincoln Club. Council Member McCoy asked if there was any type of mapping system to show where children live and what intersections they would be crossing. The Public Works Director stated the school districts know where the students are coming from but their system is probably not as sophisticated as a GIS system. Mayor McGill: Attended the Commissioners' Appreciation Dinner with other members of the City Council. Attended the Red Ribbon Kickoff Breakfast. Mayor McGill asked the Council about the possibility of holding a town hall meeting in the southern part of the City. It was the consensus of the City Council to hold a town hall meeting on Saturday, November 3, 2001 from 12:00 noon until 2:00 p.m. at Manzanita Park. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor McGill adjourned the meeting at 9:27 p.m. to Tuesday, November 13, 2001, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: C~Y CLERK OF T~JE ~1~ ~F CYPRESS 8