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Minutes 2002-04-22175 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 22, 2002 A regular meeting of the Cypress City Council was called to order at 5:33 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, Community Development Director, Public Works Director, Recreation and Community Services Director, Assistant to the City Manager, and City Clerk. Council Member Piercy stated the presentation by the Orange County Sanitation District was to provide the City Council with information on current issues. Lisa Murphy, Communications Manager, Orange County Sanitation District, introduced herself and Jennifer Cabral. She stated that the O.C. Sanitation District is a special district that is governed by a 25 member Board of Directors. The Sanitation District treats 245,000,000 gallons of sewage per day with 650 miles of trunk lines. Ms. Murphy stated the Sanitation District impacts almost every element of the environment. Their ocean discharge permit is up for renewal in December 2002. The waiver is a slang term for this permit that is issued by the U.S. Environmental Protection Agency in addition to the State Water Resources Control Board. She stated the first treatment of the sewage is preliminary treatment. This removes the large objects from the sewage, such as toys, rags, etc. The next treatment is advanced primary treatment where solids and oil-based elements are removed. Half of the water is then sent for secondary treatment where organic wastes are removed. It is then mixed and goes out the ocean outfall pipe. The pipeline is 200 feet deep and about 5 miles long. Ms. Murphy stated the Sanitation District is highly regulated by the Environmental Protection Agency, the Regional Water Quality Control Board, both state and local, the California Environmental Protection Agency, and the Air Quality Management District. She also provided information on the Clean Water Act and its requirements. She stated the 301H Waiver defines what numbers have to be reached in the ocean to be protective of fish, not the level of treatment. In order to receive the permit, the Sanitation District must answer the following questions: Is it safe to swim? Is it safe to eat the fish? Are the fish healthy? Is the ecosystem being protected? These questions are answered in an annual $2.2 million monitor program to monitor the ocean and the shoreline. Other groups that helped with monitoring this year include UCI, USGS, USC, and Scripps Institution of Oceanography. Ms. Murphy stated disinfection of the waste is not expensive, can be done in the shod time, and will show if, in fact, it is the Sanitation District or someone else contaminating the shoreline. She stated two of the issues affecting Orange County are aging CITY COUNCIL MINUTES APRIL 22, 2002 176 infrastructure and urban runoff. The causes of sewage spills include pipeline blockages, pipeline breaks, and pump station failures. She stated there were three questions for Orange County residents: 1) In order to change their level of treatment or do something different, where must the impacts on the air, land, water, and energy be balanced? 2) Will customers accept a rate increase to pay for full secondary treatment? and 3) Would the money be better spent on urban runoff and infrastructure? Ms. Murphy stated an open house will be held on May 18, 2002, with tours available. The City Attorney reported that the City Council would be meeting in Closed Session, pursuant to Government Code Section 54956.9(a), Kelly v. City of Cypress, et al., Case Number 01CC04751, Orange County Superior Court, and Hardy v. City of Cypress, Case Number 01 CC11876, Orange County Superior Court, to confer with legal counsel regarding pending litigation. The City Attorney reported that the City and Redevelopment Agency would participate in the Closed Session discussion of the Cottonwood Christian Center v. Redevelopment Agency of the City of Cypress, pursuant to Government Code Section 54956.9(a), Case Number SA02-60, United States District Court, and 02CC01575, Orange County Superior Court. The other two litigation items listed on the agenda would not be discussed in Closed Session. The City Attorney reported that the Redevelopment Agency would meet and confer with Real Property Negotiators in Closed Session, 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. At 6:08 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 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, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem McCoy. INVOCATION: The invocation was given by Pastor Norm Johnson, Cypress Community Church. PRESENTATIONS: The Mayor presented a "Public Safety Dispatcher Week" proclamation to Rita Fraser, Dispatch Administrator, West Cities Communications Center (West-Corem). The Mayor presented Certificates of Appreciation to all outgoing City Commissioners and Board Members of the Cable TV and Technology Commission, Cultural Arts Commission, Recreation & Community Services Commission, Senior Citizens CITY COUNCIL MINUTES APRIL 22, 20O2 177 Commission, Traffic Commission, Youth Commission, and Non-Conforming Uses Hearing Board. 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 presentation was made by the Orange County Sanitation District on the wastewater treatment facilities in the County, methods of treatment, status of regulations, and urban runoff. 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 Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Kelly v. City of Cypress, et al., Case Number 01CC04751, Orange County Superior Court. It was reported to the City Council that the litigation had been settled within the parameters of the settlement amount authorized by prior Council action. The City Council unanimously authorized the execution of a written settlement agreement. The City Attorney reported that the Council met regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(1), Hardy, et al. v. City of Cypress, et al., Case Number 01CCl1876, Orange County Superior Court. Staff intended to provide a status report regarding this matter however, since Council has not received their copy of the report, this item will be continued to the next meeting. The City Attorney reported that the Council and Redevelopment Agency met regarding Conference with Legal Counsel - Existing Litigation, pursuant to 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. A status report was provided on these two litigations. The remaining two litigations, Los Alamitos Race Course, Burlington National Insurance Co., and Roiling A Ranch LLC v. Cypress Redevelopment Agency and City of Cypress, Case Number 02CC00006, Orange County Superior Court - Civil Division, and Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency, City of Cypress, All Persons Interested in the Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project, and Does 1-25, Case Number 02CC00031, Orange County Superior Court - Civil Division, were not considered in Closed Session. The City Attorney reported that the Redevelopment Agency met 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. The Deputy Executive Director reviewed with the Redevelopment Agency, with Agency Chair Sondhi not participating due to her ownership of property in the project area, the terms and conditions of a staff-initiated proposal that was forwarded to legal counsel for Cottonwood Christian Center. The Redevelopment Agency unanimously confirmed the propriety of the latest offer. No other action was taken in Closed Session, nor was any solicited, CITY COUNCIL MINUTES APRIL 22, 2002 ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THF~EE 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. Mary Crowder, Cypress, spoke regarding the Los Alamitos Race Track and Golf Course Redevelopment Project Area. Ken Rempel, Cypress, spoke regarding speed bumps on Sprague and Cypress Avenues. Gloria Culpepper, Cypress, spoke regarding Agenda Item No. 1. Wiley Drake, Buena Park, spoke regarding Internet talk show and Cottonwood Christian Center. The City Council meeting was recessed at 7:47 p.m. The City Council meeting was reconvened at 7:50 p.m. Mike Wilson, Whittier, spoke regarding Cottonwood Christian Center. Tammy Kronz, Cypress, spoke regarding Cottonwood Christian Center. Jay and Linda Hicks, Cypress, spoke regarding Costco and Cottonwood Christian Center. Kenneth Mulkey, Buena Park, spoke regarding Cottonwood Christian Center. Tom Schulte, Irvine, spoke regarding Cottonwood Christian Center. Phil Wendel, President, Cypress Chamber of Commerce, spoke regarding the Los Alamitos Race Track and Golf Course Redevelopment Project Area. Tom Tobias, Cypress, spoke regarding Cottonwood Christian Center. The City Attorney stated that approximately one year ago the City went through the routine process of amending its redevelopment plan. The eminent domain powers of a redevelopment agency do not last in perpetuity. Periodically, the eminent domain authority of an agency has to be extended in twelve-year increments. The City Attorney stated that because Cypress is a public agency, it was required to go through a process of owner participation and consideration of owner participation proposals, a formal appraisal process, a formal offer to purchase the land, engage in good faith negotiations over that offer over a reasonable period of time, which is a minimum of 30 days, and notice, through the requirements of eminent domain law, a notice to adopt a Resolution of Necessity. The adoption of this Resolution is a pre- condition to the Redevelopment Agency exercising its power to assemble parcels and to engage in the elimination of blight. All of these steps take many months and when it became clear that the City would not be able to initially resolve the challenge from Cottonwood and the Los Alamitos Race Track, it became apparent that the process had to begin immediately in order to be successfully completed so the Agency, if it had to, could exercise that authority on or before June 18, 2002. The taking of those steps does not, by and of itself, require that the Agency exercise its eminent domain authority. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS F~ESTF~ICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-05 AND TENTATIVE TRACT MAP NO. 163231 A REQUEST TO SUBDIVIDF ONE (1) PARCEL INTO SIX (6) PARCELS AND TO CONSTRUCT FIVE (5) CONDOMINIUM UNITS LOCATED AT 8652 BELMONT STREET. The Associate Planner provided background information on this item. Mayor Sondhi asked what remedy could be used in the future if there is insufficient parking. The Assistant Community Development Director stated if a problem arises the only way to correct it would be by working out agreements with adjacent property owners. 4 CITY COUNCIL MINUTES 179 APRIL22,2002 The applicant, David Wisnieski, stated the project is an improvement to the neighborhood and that he prefers building homes rather than apartments. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Bruce Berger, Cypress, spoke in favor of the project. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Resolution approving Conditional Use Permit No. 2002-05 - with conditions and adopt the Resolution approving Tentative Tract Map 16323 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-05 - WITH CONDITIONS. RESOLUTION NO. 5547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16323- WITH CONDITIONS. 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 Piercy requested Item No. 7 be pulled from the Consent Calendar. Council Member Keenan requested Item No. 23 be pulled from the Consent Calendar. Wiley Drake, Buena Park, asked the City Council to pull Item No. 8 from the Consent Calendar. It was moved by Council Member Piercy and seconded by Council Member McGill, to approve Consent Calendar Items No. 2 through 6 and Items. No. 9 through 22. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Keenan, McGilI, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY COUNCIL MINUTES 180 APRIL 22, 2002 Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 2002. Recommendation: That the City Council approve the Minutes of the Meeting of April 8, 2002, as submitted, with Mayor Pro Tern McCoy abstaining on the Minutes due to his absence from the meeting. 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: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-02, A REQUEST TO INSTALL A 50 SQUARE FOOT MONUMENT SIGN AT 9031 GRINDLAY STREET IN THE PS PUBLIC AND SEMI-PUBLIC ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2002-02 - with conditions. RESOLUTION NO. 5548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2002-02 - WITH CONDITIONS. Item No. 5: PROCLAIMING APRIL 14-20, 2002, AS "PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 14-20, 2002, as "Public Safety Dispatcher Week" in the City of Cypress. Item No. 6: PROCLAIMING APRIL 22-26, 2002, AS "SCHOOL PSYCHOLOGY WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 22-26, 2002, as "School Psychology Week" in the City of Cypress. Item No. 9: PROCLAIMING THE MONTH OF MAY, 2002, AS "CLEAN AIR MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2002, as "Clean Air Month" in the City of Cypress. Item No. 10: PROCLAIMING MAY 11I 2002, AS "FIRE SERVICE RECOGNITION DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 11, 2002, as "Fire Service Recognition Day" in the City of Cypress. Item No. 11: PROCLAIMING MAY 13-18, 2002, AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 13-18, 2002, as "National Police Week" in the City of Cypress. Item No. 12: ADOPTION OF RESOLUTIONS IN SUPPORT OF SB 1619 AND SB 1523 RELATED TO HAZARDOUS ELECTRONIC WASTE RECYCLING PROGRAMS. Recommendation: That the City Council adopt the Resolutions by title only, in support of SB 1619 and SB 1523. 6 CITY COUNCIL MINUTES 181 APRIL 22, 2002 RESOLUTION NO. 5549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING SB 1619 AND THE REUSE AND RECYCLING OF HAZARDOUS ELECTRONICS PRODUCTS. RESOLUTION NO. 5550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING SB 1523, URGING HAZARDOUS ELECTRONICS PRODUCERS TO TAKE RESPONSIBILITY FOR REUSE AND RECYCLING OF THEIR PRODUCTS. Item No. 13: ADOPTION OF RESOLUTION ESTABLISHING A "NO PARKING ANYTIME" AREA ADJACENT TO 5022 LINCOLN AVENUE. Recommendation: That the City Council adopt the Resolution by title only, providing for the installation of "No Parking Anytime" area adjacent to 5022 Lincoln Avenue. RESOLUTION NO. 5551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A "NO PARKING ANYTIME" AREA ADJACENT TO 5022 LINCOLN AVENUE. Item No. 14: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Recommendation: That the City Council adopt the Resolution by title only, authorizing submittal of a funding request to the State of California Department of Conservation, Recycling Division, pursuant to the California Beverage Container Recycling and Litter Reduction Act. RESOLUTION NO. 5552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Item No. 15: ADOPTION OF RESOLUTION TO ADOPT THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL. Recommendation: That the City Council adopt the Resolution by title only, adopting the Boards, Commissions and Committees Policy Manual. RESOLUTION NO. 5553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL. 7 CITY COUNCIL MINUTES 182 APRIL 22, 2002 Item No. 16: APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PAVEMENT REHABILITATION OF CRESCENT AVENUE FROM 120' E/O SUMNER PLACE TO WEST CITY LIMIT AND ORANGEWOOD AVENUE FROM HOLDER STREET TO KNOTT STREET, PUBLIC WORKS PROJECT NO. 2002-01. Recommendation: That the City Council: 1) Approve the design specifications for the Pavement Rehabilitation of Crescent Avenue from 120' E/O Sumner Place to the West City Limit and Orangewood Avenue from Holder Street to Knott Street; and 2) Authorize City staff to solicit bids for this project; and 3) Authorize a transfer of funds in the amount of $222,000 from the fund balance of the CIP Fund to the Gas Tax Fund, 2106, and appropriate $222,000 to Account No. 4186-22-493-21, Arterial Rehabilitation. Item No. 17:2002-2003 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY FINDING. Recommendation: That the City Council make the finding that the 2002-2003 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c). Item No. 18: ADOPTION OF THE 2002-2009 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2002-2009. Item No. 19: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the attached Resolution by title only, adopting the Annual Statement of Investment Policy. RESOLUTION NO. 5554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 20: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF POLICE SERGEANT AND POLICE OFFICER. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the updated class specifications for the regular full-time positions of Police Sergeant and Police Officer. Item No. 21: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2002. Recommendation: Receive and file. Item No. 22: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 53368 THROUGH 53599. Recommendation: Approve the attached warrant register. Council Member Keenan stated that, as a point of order, the public is not allowed to pull items off the Consent Calendar for discussion. 8 CITY COUNCIL MINUTES 183 APRIL 22, 2002 The City Attorney stated it is up to the City Council to pull an item from the Consent Calendar. Mayor Sondhi stated that since she had already given approval to Mr. Drake for Item No. 8, she would allow discussion, but in the future, all items for public discussion would be done under Oral Communications. Re.qardinqltem No. 7: PROCLAIMING APRIL 22-28, 2002, AS "COCA-COLA WEEK" IN THE CITY OF CYPRESS, Council Member Piercy stated she had reservations regarding this proclamation because it seems like the proclamation is a promotion of a product and that she would not vote in favor of this. Council Member Keenan stated the local Coca-Cola Bottling Company employs 300 people in Orange County and Coca-Cola thought the recognition of the 100th anniversary of the company would mean a lot to those employees. It was moved by Council Member Keenan to officially proclaim April 22-28, 2002, as "Coca-Cola Week" in the City of Cypress. The motion failed due to lack of a second. Re.qardinq Item No. 8: PROCLAIMING THE "30TM ANNIVERSARY OF THE MIRACLE LAND KOREAN BAPTIST CHURCH" IN THE CITY OF CYPRESS, Council Member McGill stated the church has assisted many organizations and individuals in the area. It was moved by Council Member McGill and seconded by Mayor Pro Tern McCoy, to officially proclaim the "30th Anniversary of the Miracle Land Korean Baptist Church" in 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, McGill, Piercy, McCoy and Sondhi None None RECREATION & PARK D/STRICT MA TTERS: Reqardin,q Item No. 23: APPROVAL AND EXECUTION OF A JOINT USE AGREEMENT BETWEEN THE NORTH ORANGE COUNTY COMMUNITY COLLEGF DISTRICT AND THE CITY OF CYPRESS FOR THE RENOVATION OF CYPRESR COLLEGE TENNIS COURTS, Council Member Keenan asked if the citizens will have full use of the tennis courts and inquired about the term of the agreement. The Recreation and Community Services Director stated the original renovation discussion was for four tennis courts, but further discussions made it apparent that it was beneficial to do all ten courts. The City will receive a guarantee of a minimum of three evenings during the week from 4:00 p.m. to 10:00 p.m. for four courts. Additionally, the City will receive use of the four courts on Saturday from 4:00 p.m. to 10:00 p.m. The City also has the right to first refusal, which means if the college is not using the back four tennis courts for their specific programs, the City would have the right to use those. They cannot be rented or given to another group without first being offered to the City. The other six remaining courts would be available to the general public if not being used by the college or the City. The City Attorney stated the college is limited by community college regulations to a five-year lease term. Council Member Keenan asked how the contract is being managed. The Recreation and Community Services Director stated staff will be meeting with the college once per year to set up the calendar for the following year and there are very 9 CITY COUNCIL MINUTES APRIL 22, 2002 184 specific times guaranteed in the agreement. The tennis program at the college is limited which reduces conflicts. It was moved by Council Member Piercy and seconded by Council Member McGill, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve the Joint Use Agreement between the North Orange County Community College District and the City of Cypress for the Renovation of Cypress College Tennis Courts; and 2) Approve the expenditure, in the amount of $110,000, from the Cypress Recreation and Park District's Capital Projects Account No. 4186-12-549-29. 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 END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 24: SECOND READING OF ORDINANCE AMENDMENT NO. 2002-03, A CITY INITIATED AMENDMENT TO SECTION 41.5, "B" DEFINITIONS, ADDING A DEFINITION FOR "BEDROOM." It was moved by Council Member Keenan and seconded by Council Member McGill, to adopt the Ordinance amending the Cypress City Code, Appendix I - Zoning, Section 41.5, "B" Definitions, Adding a Definition of Bedroom. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORDINANCE NO. 1023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS CITY CODE, APPENDIX I - ZONING, SECTION 41.5, "B" DEFINITIONS, ADDING A DEFINITION OF BEDROOM. UNFINISHED BUSINESS No items. NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 9:19 p.m. 10 185 CITY COUNCIL MINUTES APRIL 22, 2002 PRESENT: Agency Board Members Keenan, McGill, Chairperson McCoy, Chairperson Sondhi ABSENT: None Piercy, Agency Vice Item No. 25: JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND REDEVELOPMENT AGENCY FOR THE AGREEMENT FOR PURCHASE AND SALF AND ESCROW INSTRUCTIONS BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND FIELDSTONE COMMUNITIES, INC., AND THE ASSOCIATED MITIGATED NEGATIVE DECLARATION. The Community Development Director provided background information on this item. The applicant, Jo Domingo, Fieldstone Communities, stated since the approval of the ENA, they have made significant progress in better understanding the complex development issues that were initially presented to Council. She then introduced David Gremenger, Project Manager for Fieldstone Communities. The public hearing was opened. Chairperson Sondhi asked if there was anyone who wished to speak in favor of the item. Bruce Goren, Cypress, spoke in favor of the item. Chairperson Sondhi asked if there was anyone who wished to speak against the item. The following spoke against the item: Brian Gonsalves, Cypress Gail Kerry, Cypress Wendel Zeller, Cypress JoAnne West, Cypress Don Wood, Cypress John Ruff, Cerritos David Wisnieski, Cypress Ken Rempel, Cypress The public hearing was closed. The Director of Finance and Administrative Services stated the City paid $4.3 million for the 7.4 acres of land. The City will receive $5 million for the sale of the property and 2.1 acres for public use. Fieldstone is not being subsidized by the City and there are other costs Fieldstone will incur for putting in streets, utilities, etc. Mayor Sondhi asked about parking for the site. The Community Development Director stated between 100 and 110 new parking spaces are being created with the expansion of the existing civic center parking lot, which would bring the total to 319. Event parking on the Wicker Drive site is approximately 400 and staff is currently discussing with neighborhood churches, property owners, Oxford Academy, and others for the use/purchase of their property to augment parking for special events. He stated that records could not be found indicating the property was ever to be used or zoned for a park. The Community Development Director stated the sycamore tree was removed after much study and analysis on the part of City staff and two independent arborists who examined the feasibility of keeping the tree in place with the planned development. The tree protruded into the public right-of-way and the arborists concluded that in order to keep the tree, a protection zone of almost 60 to 70 feet in all directions was needed with no guarantee the tree would survive. Fieldstone has offered to replace the one tree with two specimen size sycamore trees that would be approximately 30 to 40 feet high. 11 CITY COUNCIL MINUTES APRIL 22, 2002 It was moved by Council Member/Agency Board Member McGill and seconded by Council Member/Agency Board Member Keenan, to adopt the Resolution adopting the Negative Declaration Prepared in Connection with the Wicker Drive Residential Development, adopt the Resolution of the Cypress Redevelopment Agency approving the Agreement for Purchase and Sale and Escrow Instructions Between the Cypress Redevelopment Agency and Fieldstone Communities, Inc., and adopt the Resolution of the City Council approving the Agreement for Purchase and Sale and Escrow Instructions Between the Cypress Redevelopment Agency and Fieldstone Communities, Inc. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL/AGENCY MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi 0 COUNCIL/AGENCYMEMBERS: None 0 COUNCIL/AGENCY MEMBERS: None RESOLUTION NO. 5555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE NEGATIVE DECLARATION PREPARED IN CONNECTION WITH THE WICKER DRIVE RESIDENTIAL DEVELOPMENT. RESOLUTION NO. CRA- 103 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING THE AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND FIELDSTONE COMMUNITIES, INC. RESOLUTION NO. 5556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND FIELDSTONE COMMUNITIES, INC. The meeting was recessed at 10:50 p.m. The meeting was reconvened at 10:57 p.m. The Redevelopment Agency was adjourned at 10:57 p.m. ORAL COMMUNICATIONS: ForMatters Not on the Agenda. The following spoke regarding Cottonwood Christian Center: Lamonte Mock, Cypress Brandon Jensen, Los Alamitos Bill Sinko, Cypress Stephanie Takahashi, Cypress Elizabeth Takahashi, Cypress Cody Mock, Cypress Susan Courtright, Los Alamitos AJ Manker, Cypress ITEMS FROM CITY COUNCIL MEMBERS: No items were presented. 12 CITY COUNCIL MINUTES 187 APRIL 22, 2002 ITEMS FROM CITY MANAGER: No items were presented. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 11:30 p.m. to Monday, May 13, 2002, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: MAYOR OF T~_~ITY OF CYPRESS ~r-"~ CLEI~K OF ~.~,,~E~CITY-OF CYPRESS 13