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Minutes 2002-07-08232 MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 8, 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: ABSENT: Council Members Keenan, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi Council Member McGill 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, Police Captain, Assistant to the City Manager, Assistant Community Development Director, Housing Coordinator, and City Clerk. The Community Development Director stated that staff has been looking at action plans for Lincoln Avenue and have brought forward some recommendations. He stated there is a mix of land uses on Lincoln Avenue, including commercial and residential. Staff toured the corridor area and had discussions with brokers, land use consultants, and property owners regarding land use potential for the area. Some of the common themes from these discussions include: large scale commercial development, in-fill housing development, and increasing the viability of small businesses. The Community Development Director stated some challenges and inhibitors were identified. Some of the inhibitors are market dynamics and assembling properties within the redevelopment project area. Strengths for the corridor include the $6.5 million that was invested in the beautification program and that the corridor is in the redevelopment project area. He stated staff has identified a series of action recommendations. They are: 1. Explore the opportunity of major development at key intersections that offer commercial viability. 2. Pursue the potential for using in-fill housing. 3. Address existing sign blight along the corridor. 4. Identify distressed sites and examine solutions. 5. Explore commercial large-scale development opportunities. 6. Work with small businesses to achieve renovation/facade enhancement. 7. Explore feasibility of implementing a marketing program. 8. Explore advisability of establishing a Merchant Association. Council Member Piercy asked if the industrial area is being eliminated. The Community Development Director stated that some industrial uses are allowed but that some current industrial uses are more intense than the zoning allows. He stated that staff would work with these businesses. Council Member Keenan asked how the Merchant Association recommendation would be pursued. The Community Development Director stated the Merchant Association may be used as a sounding board for the City, and that this type of association works best when there are isolated issues universal to all of the merchants in the area. CITY COUNCIL MINUTES 233 JULY 8, 2002 Mayor Pro Tern McCoy asked how the boundaries for the redevelopment area were determined. The Community Development Director stated that when this area was formed, the City Council had to identify its plan intent and set the boundaries. Since Lincoln Avenue includes residential, a Project Area Committee (PAC) was also formed with members of the community. Affected properties on Lincoln were given the opportunity to request removal from the project area. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve the recommendations as presented by staff. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill The City Attorney stated the City Council would be meeting 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 Count - Central District of California, Case Number 02CC01575, Orange County Superior Court - Central Justice Center (removed to Federal Court), Case Number SA02-149, United States District Court - Central District of California. The City Attorney stated the Redevelopment Agency would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241-091-19, 241- 091-20, 241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091- 36, 241-231-24,241-231-25, 241-231-26, and 241-231-28; Consisting of 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 City Attorney reported that the City Council would be meeting in a Joint Closed Session with the Cypress Redevelopment Agency regarding Conference with Legal Counsel - Potential Litigation, pursuant to Government Code Section 54956.9(b). At 6:14 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 o. rder at 7:50 p.m. by Mayor Sondhi. PRESENT: Council Members Keenan, Piemy, Mayor Pro Tern McCoy, Mayor Sondhi ABSENT: Council Member McGill 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 Council Member Keenan. 2 CITY COUNCIL MINUTES JULY 8, 2002 INVOCATION: The invocation was given by Mayor Sondhi. PRESENTATIONS: The Mayor presented Certificates of Appointment and the City Clerk administered the Loyalty Oath of Office to all newly appointed Commissioners and Board Members for the following: Cable Television Commission Recreation & Community Services Commission Senior Citizens Commission Traffic Commission 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 to the City Council by staff on the Lincoln Avenue Action Plan. Staff provided a five-point action plan that included sign issues, residential development opportunities, business development opportunities as well as code enforcement opportunities. The City Council gave direction to staff to proceed and periodically report back on the progress of staff's recommendations. 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 in a Joint Closed Session with the Cypress Redevelopment Agency regarding Conference with Legal Counsel - Potential Litigation, pursuant to Government Code Section 54956.9(b). He stated the ability to challenge a duly enacted Ordinance through the use of a referendum power is limited and circumscribed by, among other limitations, the long standing principle that unless expressly authorized by the Legislature, the referendum power to challenge the activities of a Redevelopment Agency acting pursuant to the powers exclusively delegated to it by State law, is unlawful. In this and other similar context where an attempt to use the referendum procedure concerns subject matters not within the powers of the electorate, the California courts have repeatedly refused to place invalid measures before the voters. California courts have also held, time and again, that local government agencies have a ministerial obligation to reject referendum petitions that do not comply with the procedural requirements of the Election Code, including Elections Code Section 9238, which requires that a referendum petition contain the actual and full text of the challenged Ordinance or portion of the Ordinance challenged. In light of those facts and based on the research conducted, it is the legal opinion of the City Attorney that the referendum recently submitted, which purports to referend the Resolution of Necessity to implement the Walker/Katella retail project, is not an appropriate subject for referendum because it runs afoul of the expressed statutory authority conferred upon the Redevelopment Agency exclusively to it and by State law, and because the referendum petition failed to attach the actual and full text of the Resolution of Necessity. Because the issue ultimately needs to be resolved by a judicial officer, the Redevelopment Agency and City Council unanimously authorized the City Attorney and Redevelopment Agency Counsel to file an action in the Orange County Superior Court presenting before the court the question of whether or not the referendum recently submitted is an appropriate subject for referendum and for voter review. The City Attorney reported that the Council met in a Joint Closed Session with the Cypress 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 Count - Central District of California, Case Number 02CC01575, Orange County Superior Court - Central Justice Center (removed to Federal Court), CiTY COUNCIL MINUTES JULY 8, 2002~ 3 5 Case Number SA02-149, United States District Court - Central District of California. He stated the United States District Court has established a briefing schedule for a motion recently filed by Cottonwood Christian Center for the issuance of a preliminary injunction. The court has modified the briefing schedule to authorize the City and Redevelopment Agency to file its opposing legal papers on July 19, 2002. The hearing on the preliminary injunction motion has been moved to August 5, 2002. The City Attorney stated the Redevelopment Agency met regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8) Real Property Identified by APN Numbers 241-091-19, 241-091-20, 241-091-21,241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-27, 241-091-28, 241-091- 29, 241-091-30, 241-091-33, 241-091-34, 241-091-36, 241-231-24, 241-231-25, 241- 231-26, and 241-231-28; Consisting of 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 Agency was briefed on a meeting held with representatives of Cottonwood Christian Center. The Agency directed staff to obtain additional financial information from which a potential counter proposal could be submitted. Mayor/Agency Chair Sondhi did not participate in the Closed Session due to her ownership of property in the project area. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Todd Seymore, Cypress Community Festival Association, presented Cypress Community Festival polo shirts to the City Council, City Manager, and City Attorney, and welcomed everyone to the Cypress Community Festival on Saturday, July 27, 2002, at Oak Knoll Park. Greg Jewell, Surfrider Foundation, spoke regarding the groundwater replenishment system. The following spoke regarding their opposition to Orange County Sanitation District 301 (h) waiver: Robin Rustan, Sunset Beach Larry Porter, Newport Beach Dean Reinemann, Costa Mesa Doug Korthof, Seal Beach Lisa Rosen Kris Hardeman, Fullerton Jan Vandersloot, Newport Beach 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. 2001-06, A REQUEST FOR A ONE-YEAR EXTENSION TO ALLOW THF CONSTRUCTION OF A WATER WELL AND PUMP FACILITY LOCATED AT 575~ ORANGEWOOD AVENUE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. 4 CITY COUNCIL MINUTES JULY 8, 2002 236 Council Member Keenan asked if the residents would be notified when construction would begin. The applicant, Start Yarbrough, District Engineer, Southern California Water Company, stated a notice has been prepared and would be mailed to the residents. 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 Mayor Pro Tem McCoy and seconded by Council Member Keenan, to adopt the Resolution approving Conditional Use Permit No. 2001-06 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McGill RESOLUTION NO. 5583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2001-06 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-10, A REQUEST FOR A ONE-YEAR EXTENSION FOR THE CONSTRUCTION OF A RETAIL COMMERCIAL CENTER AND EXTENDED STAY HOTEL PROJECT LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND YAMAHA WAY WITHIN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Carp Robertson, Warland Investments Company, introduced David Rose from Extended Stay Hotels. He stated that Warland Investments Company had entered into a Purchase Agreement with Extended Stay Hotels last week with the transaction closing near the end of the year or the first quarter of next year. Council Member Keenan asked about the Extended Stay market with the current state of the economy. Mr. Rose stated Extended Stay Hotels now has 449 hotels open and that Cypress saw the smallest drop in revenue during the months of September, October, and November due to the strength of the business park. 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. Pt was moved by Mayor Pro Tern McCoy and seconded by Council Member Keenan, to adopt the Resolution approving Conditional Use Permit No. 2001-10 -with conditions. 237 CITY COUNCIl_ MINUTES JUl-Y 8, 2002 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McGill RESOLUTION NO. 5584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2001-10- WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING A REQUEST TO APPROVF AMENDMENT NO. 1 TO THE GRINDLAY/ORANGE SPECIFIC PLAN, CONDITIONAl USE PERMIT NO. 2002-01, AND TENTATIVE TRACT MAP NO. 16280, TO ADD A RESIDENTIAL ALTERNATIVE TO THE SPECIFIC PLAN AND CONSTRUCT NINE (9) DETACHED RESIDENTIAL UNITS ON THE PROPERTY LOCATED AT THF NORTHWEST CORNER OF ORANGE AVENUE AND GRINDLAY STREET. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Roy Ward, Mertco, Inc., stated this is the fourth project his company has done in Cypress. He stated that after discussions with staff, it was agreed a residential development on the site as opposed to additional commercial development would be a better use for the City and economically for his company. He is aware of the impacts and concerns of the neighbors including parking, traffic, and construction issues. 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. Dorothy Bryant, Cypress Tom Soupos, Cypress Emilio Casem, Cypress Mr. Ward stated the cost to bring the old building up to current code was prohibitive. He stated dirt is being stored at the site to allow for shrinkage when the dirt is recompacted and prepared for building. He stated he is willing to mitigate anything to be a good neighbor but that it must be a decent development on the site. The original building was 30 feet high and the new buildings will be 24 feet high. The public hearing was closed. Council Member Piercy asked about the parking issues with the project. Mr. Ward stated it was his understanding that each development must handle its own parking problems, and possibly he made a mistake in saying people could have permanent parking on another piece of property on a previous project. Council Member Keenan stated that this is a unique corner in the City and that he approved the original project of mixed use of offices and homes. Council Member Piercy stated she is not in favor of seeing a wall around the development, would like to see some greenery, and that parking is a major issue. Mr. Ward asked for a thirty day continuance to work with staff. Mayor Pro Tem McCoy stated there would have to be adequate parking and greenbelts before he could approve the request. 6 CITY COUNCIL MINUTES JULY $, 2002 It was moved by Council Member Keenan and seconded by Council Member Piercy, to deny the request. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Keenan, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill CONSENT CALENDAR: All matters listed on the Agenda under "Consent CalendaF' 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 Tem McCoy requested Item No. 13 be pulled from the Consent Calendar. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 4 through 12, and 14. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 4: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McGill APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE 24, 2002. Recommendation: That the City Council approve the Minutes of the Meeting of June 24, 2002, as submitted, with Mayor Pro Tern McCoy abstaining due to his absence from the meeting. Item No. 5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 6: PROCLAIMING THE MONTH OF JULY, 2002, AS "RECREATION & PARKS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of July, 2002, as "Recreation & Parks Month" in the City of Cypress. Item No. 7: ADOPTION OF RESOLUTION AMENDING BENEFITS FOR MANAGEMENT EMPLOYEES. 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, amending Resolution No. 5131, establishing benefits for Management Employees. RESOLUTION NO. 5585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 5131, ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES. 7 CITY COUNCIL MINUTES JULY 8, 2002~ 3 ~ Item No. 8: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR EXECUTIVE MANAGEMENT POSITIONS, MID-MANAGEMENT POSITIONS, AND THE CLASSIFICATIONS OF MANAGEMENT ASSISTANT, PERSONNEL ANALYST, PERSONNEL TECHNICIAN, AND SECRETARY TO THE CITY MANAGER. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by titles only, establishing salaries for Executive Management positions, Mid-Management positions, and the classifications of Management Assistant, Personnel Analyst, Personnel Technician, and Secretary to the City Manager. RESOLUTION NO. 5586 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, RESCINDING RESOLUTION NO. 5258 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 5587 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, RESCINDING RESOLUTION NO. 5259 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR MID-MANAGEMENT POSITIONS. RESOLUTION NO. 5588 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, AMENDING RESOLUTION NO. 5260 AND ESTABLISHING COMPENSATION FOR THE CLASSIFICATIONS OF MANAGEMENT ASSISTANT, PERSONNEL ANALYST, PERSONNEL TECHNICIAN, AND SECRETARY TO THE CITY MANAGER. Item No. 9: ADOPTION OF RESOLUTION ESTABLISHING A "NO PARKING ANYTIME" AREA ADJACENT TO 6098 ORANGE AVENUE. Recommendation: That the City Council adopt the Resolution by title only, establishing a "No Parking Anytime" Area adjacent to 6098 Orange Avenue. RESOLUTION NQ. 5589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A "NO PARKING ANYTIME" AREA ADJACENT TO 6098 ORANGE AVENUE. Item No. 10: RENEWAL OF CONTRACT FOR TREE TRIMMING SERVICES. Recommendation: That the City Council exercise its option to renew the existing tree maintenance service contract with West Coast Arborists, Inc., 2200 E. Via Burton Street, Anaheim, California 92506, increasing the current budget from $80,000 annually to an amount not to exceed $220,000 annually. 8 CiTY COUNCIL MINUTES JULY 8, 2002 Item No. 11: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR DENNIS STREET REHABILITATION, PUBLIC WORKS PROJECT NO. 2001-14, AND VALLEY VIEW REHABILITATION, PUBLIC WORKS PROJECT NO. 2001-15. Recommendation: That the City Council: 1) Approve the plans and specifications for Denni Street Rehabilitation, Public Works Project No. 2001-14, and Valley View Street Rehabilitation, Public Works Project No. 2001-15; and 2) Authorize City staff to advertise the project for bids. Item No. 12: ACCEPTANCE OF FINAL TRACT MAP NO. 16293. PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MOODY STREET AND BISHOP STREET. Recommendation: That the City Council approve Final Tract Map No. 16293 and authorize the City Clerk to sign the record map. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 54597 THROUGH 54822. Recommendation: Approve the attached warrant register. Regarding Item No. 13: APPROVAL FOR THE ADDITION OF TWO (2) UNFUNDED, OVERFILL POLICE OFFICER POSITIONS, Mayor Pro Tern McCoy stated he had requested information on potentially increasing staffing levels of the Police Department due to the increase in Part 1 crimes and that he likes the angle taken on staffing issues. Council Member Keenan asked for clarification on unfunded positions. The Police Chief stated that from salary savings from positions that are not filled, the funds are then used to pay for Police Officers without taking on a long-term budget liability. It was moved by Mayor Pro Tem McCoy and seconded by Council Member Keenan, that the City Council approve the addition of two (2) unfunded, overfill police officer positions. These positions will not be budgeted positions, but rather will be subsidized when necessary from unused personnel funds. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McGill END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 15: SECOND READING OF ORDINANCES REGARDING THF DEVELOPMENT OF PROPERTY AT THE NORTHWEST CORNER OF WALKER STREET AND ORANGE AVENUE. It was moved by Council Member Keenan and seconded by Mayor Pro Tem McCoy, that the City Council adopt the Ordinance by title only, adopting Zone Change No. 2002-01 and the Wicker Drive Specific Plan, changing the zoning classification of an approximately 5.28 acre property located at the northwest corner of Orange Avenue and Walker Street from OP-CC Office Professional with a Civic Center overlay and PRD Planned Residential Development with a Civic Center overlay to PC Planned Community with a Civic Center overlay. CITY COUNCIL MINUTES JULY 8, 2002 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ZONE CHANGE NO. 2002-01 AND THE WICKER DRIVE SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION OF AN APPROXIMATELY 5.28 ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF ORANGE AVENUE AND WALKER STREET FROM OP-CC OFFICE PROFESSIONAL WITH A CIVIC CENTER OVERLAY AND PRD PLANNED RESIDENTIAL DEVELOPMENT WITH A CIVIC CENTER OVERLAY TO PC PLANNED COMMUNITY WITH A CIVIC CENTER OVERLAY. It was moved by Council Member Keenan and seconded by Council Member Piercy, to adopt the Ordinance by title only, approving Development Agreement No. 2002-01 between the City of Cypress and Fieldstone Communities, Inc. ("Developer"). It was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McGill ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DEVELOPMENT AGREEMENT NO. 2002-01 BETWEEN THE CITY OF CYPRESS AND FIELDSTONE COMMUNITIES, INC. ("DEVELOPER"). Item No. 16: SECOND READING OF ORDINANCE OF THE CITY COUNCIL OF THF CITY OF CYPRESS AMENDING CHAPTER 16, ARTICLE XVII, OF THE CYPRESS CITY CODE RELATING TO CYPRESS TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS. It was moved by Mayor Pro Tern McCoy and seconded by Council Member Piercy, to adopt the Ordinance by title only, amending Chapter 16, Article XVII, of the Cypress City Code relating to Cypress Transportation Demand Management Requirements for Specified New Development Projects. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill ORDINANCE NO. 1027 AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER16, ARTICLE XVII, OF THE CYPRESS CITY CODE RELATING TO CYPRESS TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS. 10 242 CITY COUNCIL MINUTES JULY 8, 2002 UNFINISHED BUSINESS None. NEW BUSINESS Item No. 17: CONFIRMATION OF APPOINTMENTS TO FILL FIVE (5) NEWLY CONSTITUTED BOARDS AND COMMISSIONS. The Assistant to the City Manager provided background information on this item. It was moved by Council Member Piercy and seconded by Council Member Keenan, that the City Council confirm the appointments of twenty-four (24) Commissioners and three (3) Board Members with terms to be served as per the attached list, effective July 1,2002. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill item No. 18: ADOPTION OF AN ORDINANCE ADDING CHAPTER 2, ARTICLE IV, SECTION 2-120, AUTHORIZING ESTABLISHMENT OF STAGGERED TERMS OF OFFICE FOR INITIAL APPOINTMENTS MADE IN 2002 TO EACH BOARD AND COMMISSION. The Assistant to the City Manager provided background information on this item. It was moved by Council Member Keenan and seconded by Council Member Piercy, that the City Council introduce for first reading the Ordinance to be considered by title only, adopting Chapter 2, Article IV, Section 2-120, authorizing establishment of staggered terms of office for initial appointments made in 2002 for each Board and Commission. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McGill ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND THE EX-OFFICIO GOVERNING BODY OF THE CYPRESS RECREATION & PARK DISTRICT, ADOPTING CHAPTER 2, ARTICLE IV, SECTION 2-120, AUTHORIZING ESTABLISHMENT OF STAGGERED TERMS OF OFFICE FOR INITIAL APPOINTMENTS MADE IN 2002 FOR EACH BOARD AND COMMISSION. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. None. The City Council meeting was recessed at 10:03 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was called to order at 10:03 p.m. 11 CITY COUNCIL MINUTES JULY 8, 2002 PRESENT: Agency Board Members Keenan, Piercy, Agency Vice Chairperson McCoy, Chairperson Sondhi ABSENT: Agency Board Member McGill It was moved by Agency Board Member Keenan and seconded by Agency Board Member Piercy, to approve Consent Calendar Item No. 19. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 AGENCY MEMBERS: Keenan, Piercy, McCoy and Sondhi 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: McGill Consent Calendar: Item No. 19: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH HdL COREN & CONE ("THE HdL COMPANIES") FOR THE PREPARATION OF AN ANALYSIS OF THE POTENTIAL COSTS AND BENEFITS OF TAKING OVER THE COUNTY-ADMINISTERED REDEVELOPMENT PROJECT AREA FOR THE CYPRESS ACRES AREA. Recommendation: That the Cypress Redevelopment Agency: 1) Approve the Consultant Services Agreement with HdL Coren & Cone ("The HdL Companies") to prepare an analysis of the potential costs and benefits of taking over the County- administered redevelopment project area for the Cypress Acres area; and 2) Approve appropriations from the respective Agency unreserved fund balance as follows: Account # Amount Civic Center Project Area Lincoln Avenue Project Area Low/Mod Housing Fund LART Project Area 4189-35-194-06 4189-37-195-06 4189-36-196-06 4189-38-197-06 $1,875 $1,875 $1,875 $1,875 END OF CONSENT CALENDAR The Redevelopment Agency was adjourned at 10:06 p.m. The City Council reconvened at 10:06 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Piemy: Attended an O.C. Sanitation District meeting where the 301(h) waiver issue was discussed. Mayor Sondhi: Asked that funding of the Orange County Regional Airport Authority be agendized for the July 22, 2002 City Council meeting. Asked who would be attending the O.C. Sanitation District meeting on July 17, 2002 in Council Member Piercy's absence. 12 CITY COUNCIL MINUTES JULY 8, 2002 Council Member Piercy stated Council Member Keenan will be attending the meeting for her. She stated that scientists have not found anything conclusive to say the O.C. Sanitation District is to blame for the contamination. Mayor Pro Tem McCoy: Thanked staff for the wonderful fireworks display at the Joint Forces Training Base on the Fourth of July. Council Member Keenan: Commended the Mayor on her presentation on the Fourth of July at the Joint Forces Training Base. Attended a Council of Governments meeting where the O.C. Business Council made a presentation. Attended an O.C. Transportation Authority meeting where a visit was made to a bus base in Anaheim to see the new LNG fueling system and electronic fare boxes. Attended an O.C. Transportation Authority Board meeting where Federal funding of projects in member agency cities was discussed. Asked the Public Works Director to report back on the status of the Myra storm water pump station cycling problems. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:22 p.m. to Monday, July 22, 2002, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: MAYO~~E ~Y OF CYPRESS (~/T'Y CLERK OF T~L~ CITY OF CYPRESS 13