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Minutes 2002-05-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 13, 2002 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tern McCoy, Mayor Sondhi ABSENT: None STAFF PRESENT: City Manager, City Attorney, and City Clerk. Council Member Keenan asked that "Items From City Council Members" be moved up on the agenda this evening to allow Council Members to report on meetings and other activities they have attended over the last several weeks. It was the consensus of the Council to move this item up on the agenda. The City Attorney reported the City Council would be holding a Closed Session to conduct a performance evaluation of the City Manager, pursuant to Government Code Section 54957. The second Closed Session item, Hardy v. City of Cypress, would not be held. He stated the City Council and Redevelopment Agency would be meeting in a Joint Closed Session regarding pending 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 Division of California and 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; 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. He stated the Redevelopment Agency would be meeting to confer with Real Property Negotiators, pursuant to Government Code Section 54956.8, Property: Approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street with the Los Alamitos Race Track and Golf Course Redevelopment Project Area. At 5:35 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 8:03 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, Recreation and Community Services Director, Assistant to the City Manager, Assistant Community Development Director, Assistant City Engineer, City Clerk, Associate Planner, and Deputy City Clerk. CITY COUNCIL MINUTES 189 MAY 13, 2002 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Sondhi. INVOCATION: The invocation was given by Pastor Jang Woo Lee, Miracle Land Korean Baptist Church. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney stated the City Council, prior to going into Closed Session, decided to move up the agenda item titled "Items From City Council Members" to the conclusion of the Oral Communications at the beginning of the meeting. Due to the lateness of the hour at the last two meetings, Council Members have been prevented from reporting to the community on their various assignments and committee obligations. The City Attorney reported that the Council met regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Manager. As a result of the performance evaluation, the City Council unanimously directed the City Attorney to prepare certain amendments to the contract of employment with the City Manager. These amendments will be brought back for formal Council action at a later date. The City Attorney reported that the Council met in a Joint Closed Session with the Redevelopment Agency 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; 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; and Los Alamitos Race Court, 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. A status report was provided regarding the ongoing discovery and other matters in this case. The City and Redevelopment Agency today filed definitive motions in both the Cottonwood Christian Center and Los Alamitos Race Track litigations which, if successful, will dispose of all claims raised by Cottonwood and Los Alamitos Race Track challenging the right of the City to engage in the Second Amendment to the Los Alamitos Race Track and Golf Course Redevelopment Project Area Plan. 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. Agency staff and counsel provided a comprehensive review of the status of negotiations with Cottonwood Christian Center and the Los Alamitos Race Track property owners and reviewed the terms and conditions being proposed by all parties. The Redevelopment Agency directed staff to make a further offer to both Cottonwood Christian Center and Los Alamitos Race Track for a possible negotiated resolution. The offer will be communicated to legal counsel for both sides in writing within the next two business days. Mayor/Agency Chair Sondhi did not participate in the Cottonwood/Los Alamitos Race Track Closed Session items due to her ownership of property in the project area. No other action was taken in Closed Session, nor was any solicited. 2 CITY COUNCIL MINUTES 190 MAY 13, 2002 ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (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. Gary Ratzke, Cypress, spoke in support of the Costco development. Michael Walter spoke regarding Cottonwood Christian Center. Pete Kinnahan, Cypress, spoke in support of the Costco development. Pat Johnson, Bellflower, spoke regarding Cottonwood Christian Center. Mike Wilson, Whittier, spoke regarding Cottonwood Christian Center. Paul Russo, Hawaiian Gardens, spoke regarding Cottonwood Christian Center. Terry Jones spoke regarding Cottonwood Christian Center. Sharon Fikus, Cypress, spoke in support of the Costco development. Elizabeth Saxby, Cypress, spoke regarding Cottonwood Christian Center. Brad Taylor, Los Alamitos, spoke regarding Cottonwood Christian Center. Scott Aanonson, Cypress, spoke regarding Cottonwood Christian Center. Tom Schulte, Irvine, spoke regarding Cottonwood Christian Center. Rhonda Cleland, Cypress, spoke regarding Cottonwood Christian Center. Marcus Surjopolos, Cypress, spoke regarding Cottonwood Christian Center. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Keenan: Attended with Council Member McGill the graduation of Police Chief Hensley from the Los Angeles Police Department West Point Academy. Attended an Orange County Transportation Authority budget meeting where night owl service, Measure M funding for cities, and bus rapid transit was discussed. Mayor Pro Tem McCoy: Commended the Chief of Police and the Police Department for the Open House held on May 11,2002. Council Member Piercy: Attended an Orange County Library Board meeting where budget issues were discussed. Attended a California Association of Sanitary Agencies conference. Stated a special meeting will be held at the O.C. Sanitation District where conclusions about the outfall issue will be presented. Council Member McGill: Attended an O.C. Fire Authority Board meeting where the reorganization of the reserve structure and retirement proposals were discussed. Attended the 30th Anniversary of the Miracle Land Korean Baptist Church. Mayor Sondhi: Stated the Cypress Senior Center will be holding a Step Out for Senior Center Walk, volunteer recognition lunch, and a Senior Prom in recognition of National Senior Center Week. CITY COUNCIL MINUTES 191 MAY 13, 2002 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 REGARDING CONDITIONAL USE PERMIT NO. 2002-03, A REQUEST TO CONSTRUCT A 21515 SQUARE FOOT EL POLLO LOCO DRIVE-THRU FAST FOOD RESTAURANT LOCATED AT 5959 CERRITOS AVENUE WITHIN THE CG COMMERCIAL GENERAL ZONE. The Associate Planner provided background information on this item. Mayor Sondhi asked if there would be access from the restaurant to the development on the west. The Associate Planner stated access would only be to the development on the east. The applicant, Lorenzo Reyes, representing El Pollo Loco, stated they have gone through a development process with the neighbors and have taken their considerations and suggestions into consideration for the plan that is presented. Council Member Keenan asked if all of the conditions for the development had been evaluated by the applicant. Mr. Reyes stated all of the conditions had been reviewed. Council Member Keenan asked about the speaker portion of the drive-thru closing at 10:00 p.m. while the drive-thru remained open until midnight. Mr. Reyes stated orders would be taken directly at the window. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. Terry and Laurie Wightman, Cypress, stated their property would be entirely affected by the project. Their biggest concern is the loss of privacy and noise levels in their backyard from the drive-thru. Mr. Wightman stated he was concerned about the noise survey. He stated that the day the noise level was measured, there were three fly-overs into Los Alamitos, which would affect the base noise level. He also questioned the 15-foot setback and the elevated berm. The public hearing was closed. Mr. Reyes stated that, in addition to the 15-foot setback, they are required to plant 24- inch box trees. The restaurant building will be over 100 feet away from the rear property line. The menu boards are state-of-the-art and are self-actuating, in that they adjust themselves to be just high enough to the ambient noise. At night, the volume will be lower. He stated El Pollo Loco is sensitive to being next to residential properties. David Wieland, Wieland and Associates, stated the sound level meters have the ability to be put on standby, which the technician did when she was out measuring noise levels. Mayor Pro Tem McCoy asked where the berm was located on the property. The Associate Planner stated the berm would be on the south property line adjacent to Cerritos. 4 CITY COUNCIL MINUTES 192 MAY 13, 2002 It was moved by Council Member McGill and seconded by Council Member Keenan, to adopt the Resolution approving Conditional Use Permit No. 2002-03 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-03 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 99-5, A REQUEST TO UPGRADE THE EXISTING LIQUOR LICENSE TO ON-SALE GENERAL LIQUOR AT AN EXISTING RESTAURANT, LOCATED AT 5721 LINCOLN AVENUE, (SUITE "C") IN THE PC PLANNED COMMUNITY ZONE. The Assistant Community Development Director provided background information on this item. A representative of the applicant, Young Sook Yi, stated the Korean population is growing in Cypress and there are currently only two Korean restaurants in the City. The owner would like to provide a variety of alcoholic beverages. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. 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 Amendment No. 2 to Conditional Use Permit No. 99-5 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 99-5 - 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. Mayor Pro Tern McCoy requested Item No. 12 be pulled from the Consent Calendar. Mayor Sondhi requested Item No. 8 be pulled from the Consent Calendar. 5 CITY COUNCIL MINUTES MAY 13, 2002 193 Council Member Piemy stated she had made some corrections to the March 26, 2002 minutes. It was moved by Council Member Piercy and seconded by Mayor Pro Tem McCoy, to approve Consent Calendar Items No. 3 through 7, 9 through 11, and 13 through 14, with corrections to the March 26, 2002 minutes. 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 item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MARCH 26 AND APRIL 22, 2002. Recommendation: That the City Council approve the Minutes of the Meetings of March 26 and April 22, 2002, as corrected. item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: PROCLAIMING THE MONTH OF MAY, 2002, AS "NATIONAL ARTHRITIS AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2002, as "National Arthritis Awareness Month" in the City of Cypress. Item No. 6: PROCLAIMING THE MONTH OF MAY, 2002, AS "NATIONAL MENTAL HEALTH MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2002, as "National Mental Health Month" in the City of Cypress. Item No. 7: PROCLAIMING THE MONTH OF MAY, 2002, AS "WATER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2002, as "Water Awareness Month" in the City of Cypress. Item No. 9: ADOPTION OF RESOLUTION ESTABLISHING INSTALLATION OF RED CURB AT VARIOUS LOCATIONS IN THE CYPRESS VILLAGE AREA. Recommendation: That the City Council adopt the Resolution by title only, providing for the installation of "No Parking Anytime" areas at various locations in the Cypress Village area. RESOLUTION NO. 5560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING "NO PARKING ANYTIME" AREAS AT VARIOUS LOCATIONS IN THE CYPRESS VILLAGE AREA. ItemNo. 10: APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR CONSTRUCTION OF CURB RAMPS ON LARWIN AVENUE, BETWEEN BALL ROAD AND DENNI STREET, PUBLIC WORKS PROJECT NO. 2001-31. Recommendation: That the City Council: 1) Approve a transfer of $10,750 from Measure M Turnback Fund balance (Fund 39) to Gas Tax Fund (Fund 22), and appropriate $10,750 into Account No. 4186-22-493-21; and 2) Approve Contract 6 194 CITY COUNCIL MINUTES MAY 13, 2002 Change Order No. 1 to P.A. Engineering, 10112 Edgewood Lane, Garden Grove, California 92840, for Public Works Project No. 2001-31, in the amount of $10,668.50. Item No. 11: AWARD OF CONTRACT FOR CONSTRUCTION OF POLICE DEPARTMENT SHOOTING RANGE AND TRAINING FACILITY, PUBLIC WORKS PROJECT NO. 2001-05. Recommendation: That the City Council: 1) Approve an operating transfer, in the amount of $497,000 from the Unreserved Balance of the General Fund to the Capital Improvement Fund, and appropriate $497,000 into Account No. 4186-15-844-24; and 2) Approve an operating transfer, in the amount of $10,000, from the fund balance of Asset Forfeiture Fund 28 to Capital Improvement Project Fund for the purpose of required consulting specialty inspection, and appropriate $10,000 into Account No. 4189-15-844-24; and 3) Determine the lowest responsible bidder for Public Works Project No. 2001-05 to be JP LaBarge Construction Management; and 4) Award a contract for Construction of Police Department Shooting Range and Training Facility to JP LaBarge Construction Management, 305 E. 9th Street, Upland, California 91786, in the amount of $740,000 (award amount of $680,188 plus 8% contingency). Item No. 13: DONATION OF SURPLUS RADIO EQUIPMENT TO THE CYPRESS COMMUNITY FESTIVAL COMMITTEE AND THE CYPRESS R.A.C.E.S. CLUB. Recommendation: That the City Council authorize the donation of thirty-two (32) units of surplus radios, twenty-two (22) radio batteries, and eleven (11) desktop chargers to the Cypress Community Festival Committee and the Cypress R.A.C.E.S. Club to be used for the Annual Cypress Community Festival, disaster preparedness, and other special event purposes. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 53600 THROUGH 54014. Recommendation: Approve the attached warrant registers. Reqardinq Item No. 8: CONSIDERATION OF ADOPTION OF RESOLUTION SUPPORTING THE REASONABLE AIRPORT, PARK AND NATURE PRESERVF INITIATIVE, Mayor Sondhi stated there continues to be discussion regarding this issue and the air transportation needs in the County have not been resolved. This will be a definitive Resolution of whether people are for or against an airport at El Toro and will address many of the concerns about an airport at El Toro. Council Member McGill stated this design calls for a less intrusive airport. It was moved by Mayor Sondhi and seconded by Council Member McGill, that the City Council adopt the Resolution by title only, supporting the Reasonable Airport Park and Nature Preserve Initiative. 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 RESOLUTION NO. 5559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE REASONABLE AIRPORT, PARK AND NATURE PRESERVE INITIATIVE. ReqardinqltemNo. 12: AUTHORIZATION TO ADVANCE FUNDS FROM THF 2002-03 CITY BUDGET FOR THE PURCHASE OF SIGNAL EQUIPMENT FOR THF LEXINGTON SCHOOL TRAFFIC SIGNAl, Mayor Pro Tem McCoy asked if the school was on board with the project. CITY COUNCIL MINUTES MAY 13, 200~Z 95 The City Manager stated the City is working very closely with the school and that the request for funds was being made now because of the long lead-time in getting the equipment ordered and delivered for the project. It was moved by Mayor Pro Tem McCoy and seconded by Council Member Piercy, that the City Council: 1) Authorize advancement of funds from the 2002-03 City Budget for the purchase of signal equipment for the Lexington School traffic signal; and 2) Appropriate $30,000 from the fund balance of the Measure M Fund to Account No. 4186-39-448-22 for the purchase of this traffic signal equipment. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi 0 COUNClLMEMBERS: None 0 COUNClLMEMBERS: None 1 COUNClLMEMBERS: Keenan Council Member Keenan did not participate on this item due to the proximity of his home to the project. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 15: SECOND READING OF ORDINANCE TO AMEND THE CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE THF PROVISIONS OF "3% @ 50" FORMULA AND FOURTH LEVEL OF 1959 SURVIVOR BENEFITS. It was moved by Mayor Pro Tem McCoy and seconded by Council Member McGill, to adopt the Ordinance by title only, authorizing an Amendment to 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 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi None None ORDINANCE NO. 1024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS. The City Council meeting was recessed at 9:58 p.m. The City Council meeting was reconvened at 10:08 p.m. UNFINISHED BUSINESS No items. NEW BUSINESS No items. 8 CITY COUNCIL MINUTES 196 MAY 13, 2002 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. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The following individuals spoke regarding Cottonwood Christian Center: Doris Troutman, Cypress Dave Manz, Westminster Ciye Malcuit, Cypress Elizabeth Takahashi, Cypress Matthew Allison, Anaheim Gary Ratzke, Cypress Scott Aanonson, Cypress ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:32 p.m. to Monday, May 20, 2002, beginning at 5:30 p.m. in the Executive Board Room. MAYOR ~HE CITY OF CYPRESS ATTEST: CLERK OF~"IE CITY OF CYPRESS