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Agenda 2002-01-28 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 17, 2001 The adjourned regular meeting of the Cypress City Council was called to order at 5:36 p.m. by Mayor Sondhi in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan (arrived at 5:40 p.m.), McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi ABSENT: None Also present were City Manager, City Attorney, Agency Counsel, Director of Finance and Administrative Services, Community Development Director, Planning Manager, Housing Coordinator, Felise Acosta (Rosenow, Spevacek Group, Inc.), and City Clerk. The City Council meeting was recessed at 5:37 p.m. The Redevelopment Agency meeting was called to order at 5:37 p.m. PRESENT: Agency Board Members Keenan (arrived at 5:40 p.m.), McGill, Piercy, Agency Vice Chairperson McCoy, Chairperson Sondhi ABSENT: None The Deputy Executive Director stated that affordable housing obligations of the Redevelopment Agency are required by law. The four major obligations are: 1) 20% Housing Fund Requirement (Housing Set-Aside), 2) Replacement Housing (replace any affordable housing destroyed), 3) Inclusionary Housing (housing not directly from Agency action), and 4) Regional Housing Needs Assessment. He stated the five major goals of the Adopted Housing Element are: 1) Conservation and maintenance of existing affordable housing stock; 2) Assistance in the development of affordable housing; 3) Provision of adequate housing sites to achieve diversity of housing opportunities; 4) Removal of governmental constraints for development of affordable housing; and 5) Promotion of equal housing opportunities. The Deputy Executive Director stated all housing set aside dollars are being spent on the City’s HELP I and HELP II programs. Since the adoption of the programs, 126 CITY COUNCIL MINUTES DECEMBER 17, 2001 families have been assisted with purchasing or renovating a home. Staff is recommending preparation of a Comprehensive Affordable Housing Implementation Strategy because these programs alone do not achieve many of the housing obligations the City is required by law to adhere to. It was moved by Agency Board Member Keenan and seconded by Agency Board Member McGill, to authorize the Agency to prepare a Consultant Services Agreement with the Rosenow Spevacek Group for the preparation of the implementation strategy. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Keenan, McGill, Piercy, McCoy, and Sondhi NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None The City Council meeting was reconvened with the Redevelopment Agency at 6:17 p.m. Mayor/Agency Chair Sondhi left the meeting at 6:17 p.m. CLOSED SESSION JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor Pro Tem asked for a report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that a workshop was held where a proposal was presented to the City Council for a Comprehensive Affordable Housing Strategy. The Council gave direction to staff to move forward with the selection of a consultant to assist in this effort and to report back at an appropriate time. The Mayor Pro Tem asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council and Redevelopment Agency met jointly in Closed Session regarding Conference with Real Property Negotiators, 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: Five. As a result of the 2 CITY COUNCIL MINUTES DECEMBER 17, 2001 Closed Session, the City Council and Redevelopment Agency jointly authorized staff to continue negotiations with owners of these properties. A report on the status of negotiations and the master planning within the moratorium project study area was received, and the City Council and Redevelopment Agency authorized legal counsel to enter into a tolling agreement on a limited basis. No other action was taken in Closed Session, nor was any solicited. Mayor/Agency Chair Sondhi did not participate in the Closed Session due to her ownership of property in proximity to the project area. The Redevelopment Agency meeting was adjourned at 7:50 p.m. PUBLIC HEARINGS: (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). 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 January 28, 2002, was received in order to allow the City and representatives of Cottonwood Christian Center additional time to discuss matters. Council Member Keenan asked if this item could be placed on the January 14, 2002, Agenda. It was moved by Council Member Keenan and seconded by Council Member Piercy, to continue this item to the January 14, 2002, meeting. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McGill, Piercy, and McCoy NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Sondhi ABSTAIN: 0 COUNCIL MEMBERS: None Mayor Sondhi did not participate in this item due to her leaving the meeting at 6:37 p.m., in addition to her ownership of property in proximity to the project area. 3 CITY COUNCIL MINUTES DECEMBER 17, 2001 ORAL COMMUNICATIONS: None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Pro Tem McCoy thanked staff for the outstanding job on the Holiday Sing. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Pro Tem McCoy adjourned the meeting at 8:00 p.m., to January 14, 2002, beginning at 5:30 p.m. in the Executive Board Room, 5275 Orange Avenue, Cypress, California. ____________________________________ MAYOR OF THE CITY OF CYPRESS ATTEST: ___________________________________ CITY CLERK OF THE CITY OF CYPRESS 4 AGENDA CITY OF CYPRESS CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 28, 2002 5:30 P.M., 7:00 P.M. Public Hearings at 7:00 P.M. COUNCIL CHAMBERS 5275 Orange Avenue CYPRESS, CALIFORNIA CALL TO ORDER 5:30 P.M. Executive Board Room ROLL CALL MAYOR LYDIA SONDHI MAYOR PRO TEM FRANK McCOY COUNCILMEMBER TIM KEENAN COUNCILMEMBER MIKE McGILL COUNCILMEMBER ANNA L. PIERCY WORKSHOP SESSION CALIFORNIA JOINT POWERS INSURANCE AUTHORITY CITY COUNCIL MONTHLY EXPENDITURE REIMBURSEMENT This Agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action or discussion shall be taken on any item not appearing in the following Agenda. Supporting documents, including staff reports, are available for review in the City Clerk's office. City Council Agendas/Minutes are available at www.ci.cypress.ca.us. January 28, 2002 Page 2 CLOSED SESSION JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9 (a) Cottonwood Christian Center v. Redevelopment Agency of the City of Cypress Case Number SA02-60 United States District Court – Central District of California Case Number 02CC01575 Orange County Superior Court – Central Justice Center Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency and City of Cypress Case Number 02CC00006 Orange County Superior Court – Civil Division CYPRESS REDEVELOPMENT AGENCY ITEMS: CONFERENCE WITH REAL PROPERTY NEGOTIATORS (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 RECONVENE 7:00 P.M. Council Chambers PLEDGE OF ALLEGIANCE GIRL SCOUT JUNIOR TROOP 29 INVOCATION January 28, 2002 Page 3 PRESENTATIONSRECOGNITION OF PATRICIA BRAY, CULTURAL ARTS COMMISSION ARTS RECOGNITION RECIPIENT RECOGNITION OF CULTURAL ARTS COMMISSION 2001 HOLIDAY DECORATING CONTEST WINNERS: •Sweepstakes Award – Condo Category Jim, Sandy & Breanna Davis •Sweepstakes Award – Home Category Paul & Mariellen Lussman •Sweepstakes Award – Business Category Cypress College Shell REPORT OF WORKSHOP AGENDA/ CITY MANAGER CLOSED SESSION CITY ATTORNEY ORAL COMMUNICATIONS (LIMITED TO ONE-HALF HOUR) The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency, prior to any action taken on the Agenda. No action may be taken on off-Agenda items except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each. If you would like to address the City Council, please complete the white SPEAKER’S CARD. The card is available at the speaker’s podium or from the City Clerk. Please identify on the card your name, address, and the item on which you would like to speak, and return to the City Clerk. The SPEAKER’S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized. CONSENT CALENDAR NOTICE All matters listed on the Consent Calendar (Council) are to be approved with one motion unless a member of the Council or the public requests separate action on a specific item. January 28, 2002 Page 4 CONSENT CALENDAR (1-12) 1. APPROVAL OF MINUTES Meetings of January 7 and January 14, 2002. Recommended Action: Approve as submitted, with Mayor Sondhi abstaining on the minutes of January 7, 2002, due to her absence from the meeting. 2. MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 3. CONSIDERATION OF ADOPTION OF RESOLUTION TO SUPPORT MEASURE V RELATED TO COUNTY OF ORANGE PROPOSED CHARTER. Recommended Action: That the City Council review and discuss Measure V (the Charter Initiative) to be placed on the March 2002 ballot for voter consideration. A Resolution of the City Council of the City of Cypress, Relating to Measure V, The Charter Initiative. 4. APPROVAL OF A CONTRACT SERVICES AGREEMENT FOR GRAFFITI REMOVAL SERVICES. Recommended Action: That the City Council approve a five- year contract for graffiti removal services with C.H. Painting, 433 W. Aster Street, Upland, CA 91786, commencing February 1, 2002, and ending January 31, 2007. January 28, 2002 Page 5 5. RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR CONSTRUCTION OF INTERIOR REMODEL OF COUNCIL CHAMBERS, PUBLIC WORKS PROJECT NO. 2001-18. Recommended Action: That the City Council award a professional architectural services contract for phase 1 design development, and phase 2 preparation of plans, specifications, estimates for the Interior Remodel of the Council Chambers to John Bates Associates, Inc., 22952 Mill Creek Drive, Laguna Hills, CA 92653. The costs of these services are not to exceed $65,682 (award amount of $54,735 plus 10% contingency for reimbursable expenses and 10% for design contingency). 6. ACCEPTANCE OF RESIDENTIAL/BUSINESS PARK STREET RESURFACING, PHASE II, PUBLIC WORKS PROJECT NO. 2001-13. Recommended Action: That the City Council: 1) Accept the improvements for Residential/Business Park Street Resurfacing, Phase II, Public Works Project No. 2001-13, as being satisfactorily completed in conformance with the project specifications in the final amount of $229,794.96; and 2) Approve the final retention payment of $22,979.50 to Roy Allen Slurry Seal, Inc., 11922 Bloomfield Avenue, Santa Fe Springs, California 90670, 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. 7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR CONSTRUCTION OF POLICE DEPARTMENT SHOOTING RANGE AND TRAINING FACILITY, PUBLIC WORKS PROJECT NO. 2001-05. Recommended Action: That the City Council: 1) Approve the plans and specifications for Construction of Police Department Shooting Range and Training Facility, Public January 28, 2002 Page 6 Works Project No. 2001-05; and 2) Authorize staff to advertise the project for bid. 8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR CONSTRUCTION OF CURB RAMPS ON LARWIN AVENUE BETWEEN BALL ROAD AND DENNI STREET, PUBLIC WORKS PROJECT NO. 2001-31. Recommended Action: That the City Council: 1) Approve the plans and specifications for Construction of Curb Ramps on Larwin Avenue between Ball Road and Denni Street, Public Works Project No. 2001-31; and 2) Authorize staff to advertise the project for bid. 9. ACCEPTANCE OF FINAL TRACT MAP NO. 15727. PROPERTY LOCATED AT 6242 LINCOLN AVENUE. Recommended Action: That the City Council approve Final Tract Map No. 15727 and authorize the City Clerk to sign the map. 10. AUTHORIZE SALE OF CITY OWNED PROPERTY ON THE WICKER DRIVE SITE TO THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the City Council: 1) Adopt the Resolution by title only, title as follows, authorizing the transfer of specified Wicker Drive parcels from City to Redevelopment Agency ownership; and 2) Approve the increase in Estimated Revenue to the General Fund Revenue Account #3700-11 (Sale of Real Property) of $477,000 in conjunction with the sale of City owned Wicker Drive parcels to the Cypress Redevelopment Agency. A Resolution of the City Council of the City of Cypress, Authorizing the Sale of Certain Real Property to the Cypress Redevelopment Agency. 11. REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2001. Recommended Action: That the City Council receive and file the Investment Report for the month of December, 2001. January 28, 2002 Page 7 12. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 52137 THROUGH 52269. Recommended Action: That the City Council approve the attached warrant register. END OF CONSENT CALENDAR UNFINISHED BUSINESS 13. 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. Following the close of the Public Hearing at the January 14, 2002 City Council meeting, the City Council continued a decision on this item to the January 28, 2002 City Council meeting. Recommended Action:That the City Council adopt the Resolution by title only, title as follows, sustaining, in part, and overruling, in part, the decision of the Cypress Planning Manager regarding the completeness of the Conditional Use Permit application submittals from Cottonwood Christian Center. A Resolution of the City Council of the City of Cypress, Sustaining, In Part, and Overruling, In Part, the Decision of the Cypress Planning Manager Regarding the Completeness of the Conditional Use Permit Application Submittals from Cottonwood Christian Center. NEW BUSINESS January 28, 2002 Page 8 RECREATION & PARK DISTRICT MATTERS The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS (14-16) The Cypress City Council, Acting as the Cypress Redevelopment Agency. Consent Calendar: 14. APPROVAL OF AMENDMENT NO. 1 TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION. Recommended Action: That the Cypress Redevelopment Agency Board approve Amendment No. 1 to 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, and authorize the Agency Chair to execute the Amendment. 15. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH RBF CONSULTING FOR THE PREPARATION OF AN ENVIRONMENTAL ANALYSIS FOR THE WALKER/KATELLA RETAIL PROJECT. Recommended Action: That the Cypress Redevelopment Agency: 1) Approve the Contract Services Agreement with RBF Consulting in an amount not to exceed $25,150.00, for the preparation of an environmental analysis of the Walker/Katella Retail Project; and 2) Authorize the Executive Director to execute the Contract Services Agreement with RBF Consulting; and 3) Appropriate $25,150.00 from the Unreserved Fund Balance of the Los Alamitos Race Track and Golf Course Area Project Fund to Account No. 4189-38- 197-06 (Professional Services). 16. AUTHORIZE PURCHASE OF CITY OWNED PROPERTY ON THE WICKER DRIVE SITE BY THE CYPRESS REDEVELOPMENT AGENCY. Recommended Action: That the Cypress Redevelopment Agency: 1) Adopt the Resolution by title only, title as follows, authorizing the transfer of specific Wicker Drive parcels from January 28, 2002 Page 9 City to Redevelopment Agency ownership; and 2) Appropriate $477,000.00 from Account #4176-35-194-06 (Civic Center Project Area) to facilitate the purchase of City owned Wicker Drive parcels. END OF CONSENT CALENDAR ORAL COMMUNICATIONS The public may at this time address the members of the City Council and the Cypress Redevelopment Agency on any matters within the jurisdiction of the City Council and/or the Cypress Redevelopment Agency provided that no action may be taken on off-Agenda items unless authorized by law. Speakers are requested to limit their comments to no more than five minutes each. ITEMS FROM CITY COUNCIL MEMBERS ·· Reports on Committee Assignments ·· Other Items ITEMS FROM CITY MANAGER ADJOURNMENT The next meeting will be a Regular Meeting, to be held on Monday, February 11, 2002, beginning at 5:30 p.m. in the Executive Board Room. I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this th 24 day of January, 2002. ________________________________ Jill R. Ingram-Guertin, City Clerk IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, YOU SHOULD CONTACT THE OFFICE OF THE CITY CLERK AT (714) 229-6683. NOTIFICATION BY NOON ON FRIDAY, JANUARY 25, 2002, WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.