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Minutes 2002-03-25163 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 25, 2002 A regular meeting of the Cypress City Council was called to order at 5:34 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi 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, Assistant City Engineer, and City Clerk. The Assistant City Engineer stated the City has budgeted $800,000 annually for residential street rehabilitation since fiscal year 1994-95 and approximately $660,000 has been spent on arterial rehabilitation. The goal has been to complete the rehabilitation of all residential streets during a seven-year cycle and to improve the condition of the arterials within the City. He stated that the Orange County Transportation Authority has set requirements for local agencies that have to be adopted in order to be eligible for Measure M and federal funding. One of the requirements is to adopt and adequately fund a Local Pavement Management Plan. The Assistant City Engineer stated the City has purchased new software and contracted with the firm of Berryman & Henigar to complete a survey of all collector, arterial, and residential streets. Pavement distress types were identified and, along with all of the street history, were incorporated into the new pavement management software program. The Overall Condition Index (OCI) for the City of Cypress is 78, which puts the City in the "Very Good" category. The OCI is used to provide maintenance strategies for the future. Maintenance activities are divided into four categories: general repairs (minor cracks and patching), minor resurfacing (slurry seal), major resurfacing (asphalt overlay), and major reconstruction. He stated general repairs for arterial/collector streets are currently budgeted in the Public Works/Maintenance budget ($41,523) and do not come out of Measure M funds. Minor repairs ($t,404,945) are basically for the business parks and collector streets, and major repairs ($1,332,735) apply to arterial highways. These amounts are for a five-year ClP cycle. For residential streets, funding amounts are for a seven-year cycle with the same strategy as the arterial/collector streets. General repairs are budgeted at $136,866, minor repairs at $1,748,854, and major repairs at $3,303,339. Council Member Keenan asked how the amounts were determined for the various repairs or if they are just estimated amounts. The Public Works Director stated each segment of every street is reviewed and the funding amount is based on the type of repair work needed. The Mayor stated the next workshop would be on the preliminary design of the Ball Road parkway improvements. The Assistant City Engineer stated that $490,000 has been allocated from the General Fund for landscape improvements of Ball Road parkways. The main purpose of the CITY COUNCIL MINUTES March 25, 2002 164 project is to enhance the appearance of approximately 10,550 lineal feet of wall, which runs along the nodh and south sides of Ball Road. The design will construct meandering sidewalks, which will place a planter area against the walls. In addition, monument sign lightings will be installed for two monument signs in the median of Ball Road. Mayor Sondhi asked about the timeline of the project. The Public Works Director stated the project will be done during the summer. Council Member Keenan provided information regarding hybrid cars. At 6:09 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 7:36 p.m. by Mayor Sondhi. PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi 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, Assistant Community Development Director, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Sondhi. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Community Service Plaque to Recreation and Community Services Commissioner James Preston. 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 the Council discussed the Pavement Management Plan, which will be a part of the Capital Improvement Program, and will provide guidance to staff in order to reconstruct and repair City streets. The Council also discussed the preliminary design of Ball Road parkway improvements, which will improve the appearance of the sidewalk and block wall areas adjoining the roadway. 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 Existing Litigation, pursuant to Government Code Section 54956.9(a), Quitmeyer v. City of Cypress, et al., Case Number 00CC15234, Orange County Superior Court. The City Council was briefed on an upcoming Mandatory Settlement Conference where the City is required to make a good faith settlement proposal. The City Council unanimously authorized a settlement strategy, in an amount not to exceed, to implement said strategy. The City Attorney reported that the Council met regarding Existing Litigation, pursuant to Government Code Section 54956.9(a), Rasmussen v. City of Cypress, et al., Case Number 99WL07887, Orange County Superior Court. The City Council was briefed on 2 165 CITY COUNCIL MINUTES March 25, 2002 a pending Motion for Summary Judgment. The City Council unanimously authorized a settlement strategy, in an amount not to exceed, to implement said strategy. The City Attorney reported that the Council met regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. The City Council was briefed and unanimously authorized the City of Cypress to join as a named plaintiff in the Measure W litigation, which has recently been filed, provided the City can do so at no cost or incursion of legal fees to itself. A formal agreement indemnifying the City from paying any legal fees or costs will be forthcoming on a future agenda. The City Attorney stated that given the length of time the three items took, the City Council did not have an opportunity to discuss the Cottonwood Christian Center and Los Alamitos Race Track litigation matters. These items will be deferred and discussed at another meeting. The City Attorney reported the Cypress Redevelopment Agency met regarding Conference with Real Properly 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. The Redevelopment Agency was briefed regarding a confidential settlement negotiating session that was held with representatives of Cottonwood Christian Center. A 14-point proposal from Cottonwood Christian Center was reviewed with the Agency, and the Agency directed staff to make a counter to the proposal to Cottonwood Christian Center once certain analysis is completed. Agency Chairperson Sondhi did not participate due to her ownership of property in proximity to the project area. Agency Member Keenan was absent briefly but participated in the majority of this item. No other items were considered in Closed Session, no other action was taken, nor was any action solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUFL (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Linda Metzidis, Cypress, spoke regarding the Cypress Masterworks Chorale Concert on April 6 and 7, 2002. Julian Bloom, Cypress, spoke regarding Agenda Item No. 13. Marie Chance, spoke regarding Agenda Item No. 13. Paula English, Cypress, spoke regarding Agenda Item No. 13. Alexandria Coronado, Cypress, spoke regarding Agenda Item No. 13. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and wifl be enacted by one motion approving the recommendations listed on the Agenda. it was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 1 through 11. 166 CITY COUNCIL MINUTES March 25, 2002 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Item No. 1: Keenan, McGill, Piercy, McCoy and Sondhi None None APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MARCH 4 AND MARCH 11,2002. Recommendation: That the City Council approve the Minutes of the Meetings of March 4 and March 11,2002, as submitted. Item No. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: PROCLAIMING APRIL 7-14, 2002, AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 7-14, 2002, as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress. Item No. 4: PROCLAIMING APRIL 22-29, 2002, AS "NATIONAL RECORD-A-THON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 22-29, 2002, as "National Record-A-Thon Week" in the City of Cypress. Item No. 5: ADOPTION OF RESOLUTION COMMENDING WILLIAM R. MILLS, JR., GENERAL MANAGER, ORANGE COUNTY WATER DISTRICT, UPON HIS RETIREMENT. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending William R. Mills, Jr., General Manager, Orange County Water District, upon his retirement. RESOLUTION NO. 5534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING WILLIAM R. MILLS, JR., GENERAL MANAGER, ORANGE COUNTY WATER DISTRICT (OCWD) UPON HIS RETIREMENT. Item No. 6: ADOPTION OF RESOLUTION ESTABLISHING COMPENSATION FOR THE POSITION OF ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing compensation for the regular full-time position of Assistant Community Development Director. RESOLUTION NO. 5535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR. CITY COUNCIL MINUTES 167 March 25, 2002 Item No. 7: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE USED OIL RECYCLING BLOCK GRANT. Recommendation: That the City Council adopt the Resolution by title only, title as follows, authorizing submittal of an application to the California Integrated Waste Management Board for the Used Oil Recycling Block Grant for fiscal year 2002-2003, and authorizing the City of Cypress to serve as administering agency of the grant on behalf of the cities of La Palma, Los Alamitos, and Seal Beach. RESOLUTION NO. 5536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR USED OIL RECYCLING BLOCK GRANT. Item No. 8: OPPOSITION TO AB 680 RELATED TO SALES TAX AND REVENUF ALLOCATION. Recommendation: That the City Council oppose AB 680 and authorize the Mayor to sign a letter on behalf of the City Council, and forward the letter to the appropriate legislators. Item No. 9: AWARD OF CONTRACT FOR CONSTRUCTION OF CURB RAMPS ON LARWIN AVENUE1 BETWEEN BALL ROAD AND DENNI STREET, PUBLIC WORKR PROJECT NO. 2001-31. Recommendation: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2001-31 to be PA Engineering, 10112 Edgewood Lane, Garden Grove, California 92840; and 2) Award a contract for Construction of Curb Ramps on Larwin Avenue, between Ball Road and Denni Street, in the amount of $33,808 (award amount of $29,398 plus 15% contingency), to PA Engineering. Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2002. Recommendation: Receive and file. Item No.11: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 52940 THROUGH 53152. Recommendation: Approve the attached warrant register. UNFINISHED BUSINESS END OF CONSENT CALENDAR Item No. 12: CONTINUATION OF CONSIDERATION OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 AND VARIANCE NO. 2001-06, A REQUEST TO CONSTRUCT A 1,004 SQUARE-FOOT FREESTANDING MULTI-PURPOSF ROOM AT AN EXISTING CHURCH/SCHOOL FACILITY LOCATED AT 5202 LINCOLN AVENUE. A VARIANCE IS ALSO REQUESTED TO ALLOW A REAR BUILDING SETBACK OF SiX FEET (6'). Following public testimony and closure of the Public Hearing at the February 11, 2002 City Council meeting, the City Council continued a decision on this item to the February 25, 2002 City Council meeting. At the February 25, 2002 City Council meeting, the applicant requested an additional one-month continuance of this item. The City Council continued a decision on this item to the March 25, 2002 City Council meeting. CITY COUNCIL MINUTES March 25, 2002 The City Manager stated the applicant has requested a continuation of this item to the April 8, 2002 City Council meeting. It was moved by Council Member McGill and seconded by Council Member Piercy, to continue this item to the April 8, 2002 City Council meeting. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None NEW BUSINESS Item No. 13: ADOPTION OF AN ORDINANCE AND RESOLUTION IN CONSIDERATION OF IMPLEMENTATION OF THE COUNCIL DIRECTED REORGANIZATION AND RESTRUCTURE OF CITY COMMISSIONS, BOARDS AND COMMITTEES. The Assistant to the City Manager provided background information on this item. The City Attorney stated there are several unusual features that are somewhat uncommon in this community, including unique Ordinances for each of the boards, commissions, and committees. Typically there is an organic Ordinance that empowers the Council to create boards, commissions, and committees, the details of which are set by Resolution or through a commission handbook. One of the advantages of staff's recommended approach is that the City goes from a multiple array of Ordinances, which are not internally consistent, to a simple, straightforward Ordinance that authorizes the creation of boards, commissions, and committees by Resolution. He stated the second problem cannot be entirely fixed at this time, with part of it being in the City Charter. Ideally, the City should have a series of staggered terms so there is not a wholesale change of leadership on any board, commission, or committee. By abolishing all current Ordinances, this provides the opportunity to start with a clean slate that will allow purely staggered terms so there is the benefit of continuity of experience and expertise. The City Charter states if there is a vacancy on a commission created by vacancy or removal, the City Council must fill that vacancy with a full four-year term. The normal process would be to appoint a commissioner to serve the unexpired term of that vacant commissioner seat. In order to change this, a Charter amendment would be necessary. The City Attorney stated that, in addition to repealing the Ordinances, the term limits provisions would also be repealed so no one would be prejudiced if they are in their second term. Those commissioners will be eligible for reappointment to the commission they serve on or any other commission, and they will be eligible for reappointment without regard to term limitations. Any term limitations in the future would be implemented through a separate Resolution. Council Member McGill asked about the timeframe for the commission handbooks. The Assistant to the City Manager stated the draft handbook could be brought to Council by the second meeting in April. Council Member Keenan stated that all of the commissions are valued and that this issue first came up one year ago. Staff has been researching and contacting other cities regarding their commission policies since last year. It was moved by Council Member Piercy and seconded by Council Member McGill, that the City Council: 1) Introduce for first reading an Ordinance repealing Chapter 2, Article I, Section 2-2.22, Chapter 2, Articles IV, V, VI, VII and IX, and Chapter 16, Article II, Sections 16-8 through 16-10.1 of the Code of the City of Cypress, and Adopting a New Chapter 2, Article IV to be entitled "Boards, Commissions and Committees"; and 2) 6 CITY COUNCIL MINUTES 169 March 25, 2002 Adopt the Resolution implementing Ordinance No. 1022 by Eliminating All Presently Constituted Boards, Commissions, and Committees, and by Thanking, Excusing, and Removing from Office All Presently Serving Members of Boards, Commissions, and Committees. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None ORDINANCE NO. 1022 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND THE EX OFFICIO GOVERNING BODY OF THE CYPRESS RECREATION & PARK DISTRICT, REPEALING CHAPTER 2, ARTICLE I, SECTION 2-2.22, CHAPTER 2, ARTICLES IV, V, VI, VII AND IX, AND CHAPTER 16, ARTICLE II, SECTIONS 16-8 THROUGH 16-10.1 OF THE CODE OF THE CITY OF CYPRESS, AND ADOPTING A NEW CHAPTER 2, ARTICLE IV TO BE ENTITLED "BOARDS, COMMISSIONS AND COMMITTEES." RESOLUTION NO. 5537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IMPLEMENTING ORDINANCE NO. 1022 BY ELIMINATING ALL PRESENTLY CONSTITUTED BOARDS, COMMISSIONS, AND COMMITTEES, AND BY THANKING, EXCUSING, AND REMOVING FROM OFFICE ALL PRESENTLY SERVING MEMBERS OF BOARDS, COMMISSIONS, AND COMMITTEES. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items were presented. ORAL COMMUNICATIONS: ForMatters Not on the Agenda. Allen Crowder, Cypress, spoke regarding the Cottonwood Christian Center and Los Alamitos Race Track litigation. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended an O.C. League of California Cities meeting. Attended the O.C. Business Council presentation of a visioning process called Choice Works. Attended an O.C. Transportation Authority committee meeting where a presentation was made on the On Board survey results from bus riders. Presented the West O.C. Cities Rail Study to the Cypress Rotary. Attended an OCTA Open House in Huntington Beach. Attended an OCTA Board meeting where a presentation was made on the Master Plan of Arterial Highways. Invited the public to attend an OCTA Open House at the Cypress Community Center on March 27, 2002. 7 CITY COUNCIL MINUTES 170 March 25, 2002 Mayor Pro Tern McCoy: Attended an C.C. League of California Cities meeting where post 9/11 security issues in the County were discussed. Attended an Eagle Court ceremony. Council Member Piercy: Attended the Hotline Casino Night fundraiser. Council Member McGill: Attended the Cypress Pops St. Patrick's Day celebration at the Los Alamitos Race Track. Attended several DARE luncheons. Attended an Eagle Court ceremony. Mayor Sondhi: Attended several DARE luncheons. Attended the O.C. League of California Cities meeting. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:53 p.m. to Tuesday, March 26, 2002, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: MAY~~ss C~Y CLEClK OF :r~ Ci':rY OF CYPRESS 8