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Minutes 2002-08-26266 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August26,2002 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 (arrived at 5:37 p.m.), Piercy, Mayor Pro Tern 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, Engineering Associate, Video Production Coordinator, and City Clerk. The Public Works Director stated the City Council Chambers was built in the mid- 1960's and has remained largely unchanged since then. There is a need for some architectural and functional changes in the Council Chambers. A committee of City staff has toured other City Council Chambers in the area and consulted with the Executive Team on ideas and suggestions for the remodel, which will be presented this evening. The project architect, John Bates of John Bates Associates, Inc., stated the principles driving the Council Chambers renovations are the Americans with Disabilities Act (ADA) compliance and the audio/visual issues. He discussed the upgrades that would provide ADA compliance for the Council Chambers. The Engineering Associate stated that audio/visual is a major component of the project. The five main areas of the project are video, audio, computer system, voting and control system, and cable television broadcasting. He discussed the possible upgrades to the audio/visual system. The Engineering Associate stated the cost for the project would be: Full Scope Project, $922,500; Medium Scope Project, $591,700; and Small Scope Project, $264,000. Funding for the full-scale project would be from the FY 2001/02 CIP Program 434, Equipment Replacement Fund, Cable TV Institutional Network Funds, Unappropriated Project Reserve in FY 2002/03 CIP for ADA Modifications, Cable TV Franchise Fee Agreement Revenue, and Unreserved Fund Balance of General Fund. Council Member Keenan asked that security measures be factored into the upgrades. Mayor Sondhi stated she would like to see some sort of mechanism to project architectural renderings and presentations for the audience to see. The Engineering Associate stated Mr. Bates' contract would need to be amended to reflect the larger scope of the project and the City Council would need to approve the contract for the design/build podion of the project. It was the consensus of the City Council to proceed with the full scope project. 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 - Existing Litigation, pursuant to Government Code Section 54956.9 (a), Cypress Redevelopment Agency and City of Cypress v. Scott Aanonson, Citizens for Property Rights, et al., Case Number 02CCl1786, Orange County Superior Court - C T¥ COUNC,' M,NUYES ^UCUST 26, 2OO226 ? Central Justice Center, and 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 (Removed to Federal Court), Case Number SA02-149, United States District Court - Central District of California. The City Attorney reported that 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. At 6:17 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 7:15 p.m. by Mayor Sondhi. PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tern McCoy, Mayor Sondhi ABSENT: None STAFF PRESENT: City Manager, City Attorney, Agency Counsel, 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, Assistant Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Sondhi. INVOCATION: The invocation was given by City Attorney Wynder. 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 staff provided the City Council with a progress report as to the status of the proposed improvement of the Council Chambers. He stated the facility requires Americans with Disabilities Act upgrades to provide better access. Additional status reports will be provided to the Council over the next several months. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City 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), Cypress Redevelopment Agency and City of Cypress v. Scott Aanonson, Citizens for Property Rights, et al., Case Number 02CCl1786, Orange County Superior Court - Central Justice Center. The City Council/Agency was provided a brief status repod. The City Attorney stated that the Joint Closed Session with the City Council and Redevelopment Agency regarding Conference with Legal Counsel - Existing Litigation, 2 CITY COUNCIL MINUTES AUGUST 26, 2002 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 (Removed to Federal Court), Case Number SA02-149, United States District Court - Central District of California, was not held. The City Attorney reported that the Redevelopment Agency met 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. Staff reviewed with the Redevelopment Agency the results of a meeting held with representatives of Cottonwood Christian Center. Staff received further delineation of terms and conditions under which an agreement could be reached with Cottonwood Christian Center that would end the pending litigation between the parties. The Agency was briefed on the terms and conditions of the latest offer from Cottonwood Christian Center and staff was unanimously authorized to make a response to the offer. The Agency reaffirmed its determination to work and negotiate in good faith in the interests of the City and the Agency in an effort to reach an amicable settlement with Cottonwood Christian Center. 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. Ken Rempel, Cypress, spoke regarding DNA kits for schools and the Red Line. 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 A REVIEW OF AMENDMENT CONDITIONAL USE PERMIT NO. 99-10 FOR AN UPGRADE OF THE BEER AND WINE LICENSE TO A GENERAL ALCOHOL LICENSE AT THE CAFI~ 5'' WAVF RESTAURANT LOCATED AT 4300 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE, LINCOLN AVENUE SPECIFIC PLAN AREA. 'The Associate Planner provided background information on this item. The applicant, Mr. Casey Kim, was present to answer any questions of the Council. 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. Ann Le Page, Cypress, expressed her concerns about the restaurant closing at 2:00 a.m. and the noise levels in the residential area. The public hearing was closed. CITY COUNCIL MINUTES AUGUST 26, 2002 It was moved by Mayor Pro Tem McCoy and seconded by Council Member Keenan, to receive and file the report for the review of Conditional Use Permit No. 99-10. 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 Item No. 2: PUBLIC HEARING REGARDING A SIX-MONTH REVIEW OF 269 CONDITIONAL USE PERMIT NO. 2001-16 INVOLVING AN EXISTING COMPUTER INTERNET FACILITY LOCATED AT 6927 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. The Assistant Planner provided background information on this item. The Mayor stated a letter had been received from a business owner adjacent to the facility and that it would be entered into the record. The public hearing was opened. The applicant, Joon Choi, stated there are four cameras in the store to help provide seourity for the customers. He stated he has not seen the added conditions to the Conditional Use Permit. The Mayor asked if he was aware of the concerns of the Hallmark store next door. He stated he was not aware of any problems with neighboring businesses. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Jill Novorot, Cypress Jason Anderson, Cypress Spencer Chang, Cypress Mayor Sondhi asked if there was anyone who wished to speak against the item. The Mayor asked Mr. Choi if the additional conditions were acceptable to him. Mr. Choi stated he would accept the conditions. The public hearing was closed. It was moved by Council Member McGill and seconded by Council Member Piercy, to adopt the Resolution by title only, approving Conditional Use Permit No. 2001-16 - With Conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi None None RESOLUTION NO. 5604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2001-16- WITH CONDITIONS. 4 CITY COUNCIL MINUTES AUGUST 26, 2002 Item No. 3: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2001-12, A REQUEST TO CONSTRUCT AND OPERATE A FULL-SERVICE CAR WASH WITH A FAST-FOOD RESTAURANT. The Assistant Community Development Director stated that staff is requesting a continuance to September 23, 2002. The applicant provided labels and documents for another site he owns and not the site listed for the Conditional Use Permit, which will require readvertising, posting, and mailing of notices. It was moved by Council Member Piercy and seconded by Council Member McGill, 1o continue the consideration of Conditional Use Permit No. 2002-12 to the meeting of September 23, 2002. 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 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. It was moved by Council Member Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 4 through 16. 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. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF AUGUST 12, 2002. Recommendation: That the City Council approve the Minutes of the Meeting of August 12, 2002, as submitted. 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 SEPTEMBER, 2002, AS "NATIONAl ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of September, 2002, as "National Alcohol and Drug Addiction Recovery Month" in the City of Cypress. Item No. 7: PROCLAIMING THE MONTH OF SEPTEMBER, 2002, AS "PROSTATF CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of September, 2002, as "Prostate Cancer Awareness Month" in the City of Cypress. CITY COUNCIL MINUTES AUGUST 26, 2002 Item No. 8: ADOPTION OF AMENDMENT NO. 5 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Recommendation: That the City Council approve Amendment No. 5 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said agreement. Item No. 9: REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF SAN DIEGO. Recommendation: That the City Council authorize the inclusion of the City of Cypress in an Amicus Brief in support of the City of San Diego in the case entitled Border Business Park, Inc. v. City of San Diego, California Court of Appeal, Fourth Appellate District, Division One, No. D039225. Item No. 10: APPROVAL OF DESIGN SPECIFICATIONS FOR RESURFACING THE CYPRESS POLICE PARKING STRUCTURE, PUBLIC WORKS PROJECT NO. 2002- 32. Recommendation: That the City Council approve the design specifications for resurfacing the police parking structure and authorize staff to solicit bids for the project. Item No. 11: AUTHORIZATION OF DONATION OF 1981 NISSAN 280ZX. Recommendation: That the City Council authorize the donation of one (1) 1981 Nissan 280ZX from the City fleet to a non-profit educational institution. Item No. 12: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF ASSISTANT ENGINEER/ASSISTANT CIVIL ENGINEER AND ASSOCIATE ENGINEER/ASSOCIATE CIVIL ENGINEER. 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 Assistant Engineer/Assistant Civil Engineer and Associate Engineer/Associate Civil Engineer. Item No. 13: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF NETWORK ADMINISTRATOR AND COMPUTER SUPPORT SPECIALIST. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the revised class specifications for the regular full-time positions of Network Administrator and Computer Support Specialist. Item No. 14: APPROPRIATION OF FUNDS FOR PUBLIC INFORMATION AND PROMOTIONAL ACTIVITIES. Recommendation: That the City Council approve an appropriation of $75,000 from the Unreserved General Fund Balance to Account No. 4120-11-117-02 (Public Information). Item No. 15: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY1 2002. Recommendation: Receive and file. Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 55227 THROUGH 55481. Recommendation: Approve the attached warrant register. 6 CITY COUNCIL MINUTES AUGUST 26, 2002 END OF CONSENT CALENDAR UNFINISHED BUSINESS Noitems. NEW BUSINESS Noitems. RECREATION & PARK DISTRICT MATTERS: ~e Ex Offic~ GovemingBoa~ of Direc~m. Noitems. The CityCouncilmeeting wasrecessedat7:56p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: Ac~gas ~e Cypmss RedevelopmentAgency. The Cypress City Council, Acting as The Cypress City Council, The Redevelopment Agency was called to order at 7:56 p.m. PRESENT: Agency Board Members Keenan, McGill, Piercy, Agency Vice Chairperson McCoy, Agency Chairperson Sondhi ABSENT: None It was moved by Agency Board Member Keenan and seconded by Agency Vice Chair McCoy, to approve Consent Calendar Item No. 17, with Agency Chair Sondhi abstaining from fund 4120-38-197-06 (Los Alamitos Race Track/Golf Course). The motion was unanimously carried by the following roll call vote: 5 AGENCY MEMBERS: Keenan, McGilI, Piercy, McCoy and Sondhi 0 AGENCY MEMBERS: None 0 AGENCY MEMBERS: None AYES: NOES: ABSENT: Consent Calendar: Item No. 17: APPROPRIATION OF FUNDS FOR PUBLIC INFORMATION AND PROMOTIONAL ACTIVITIES. Recommendation: That the Cypress Redevelopment Agency approve appropriations of $75,000 from the Unreserved Fund balances of the Cypress Redevelopment Agency funds as follows: $18,750 from 4120-35-194-06 (Civic Center); $18,750 from 4120-36- 196-06 (Housing); $18,750 from 4120-37-195-06 (Lincoln Avenue); and $18,750 from 4120-38-197-06 (Los Alamitos Race Track/Golf Course). END OF CONSENT CALENDAR The Redevelopment Agency was adjourned at 7:58 p.m. The City Council reconvened at 7:58 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. CITY COUNCIL MINUTES AUGUST 26, 2002 ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended the joint legislative mixer with the cities of La Palma, Los Alamitos, and Cypress. Mayor Pro Tem McCoy: Attended the joint legislative mixer with the cities of La Palina, Los Alamitos, and Cypress. Council Member Keenan: Attended two West-Comm meetings, one to approve final negotiations for a new contract with the dispatchers and the second to approve the signed Memorandum of Understanding. Aisc reviewed the new policy for the reverse 911 system, which has not yet been implemented. Attended an C.C. Transportation Authority Transit Planning and Operations Committee meeting where a contract was approved for a company to do project management for Centerline. Attended an C.C. Council of Governments General Assembly meeting where growth issues were discussed. Attended a West Orange County Cities Association meeting where a presentation was made by the County on storm drain issues and new rules that are going into place. Went to Sacramento for the C.C. Transportation Authority to lobby the Senate Transportation Committee on behalf of AB 1010 to allow OCTA to operate the toll road. Attended the event for President Bush at the Bowers Museum. Attended an C.C. Transportation Authority Board meeting where a list of updated projects for the Regional Transportation Plan were approved. Mayor Sondhi: Attended a State Policy Committee meeting in Sacramento for the League of California Cities Housing Community and Economic Development Committee. Attended a Housing and Community Development Commission meeting where an annual action plan for multi-family affordable rental housing was presented. Attended the legislative mixer with the cities of La Palma, Los Alamitos, and Cypress. Mayor Sondhi asked the Recreation and Community Services Director to provide a status of Proposition 12. The Recreation and Community Services Director stated the voters approved a Park Bond Act. The money is allocated to each city, park district or county based on population. She stated the Board of Supervisors recent discussions have been about allocations to the County of Orange, not to money given to individual cities, agencies or park districts. The Board of Supervisors have recently voted to allocate funds within each district, which means each Supervisor will get to allocate funds for County projects. She recommends that the City of Cypress take a proactive approach and send a written notification to Supervisor Silva indicating that, if in fact some of those funds do become available for joint projects between individual agencies within his district, that Cypress would like to be a part of those discussions prior to any money being allocated. It was the consensus of the City Council to send a letter to Supervisor Silva. ITEMS FROM CITY MANAGER: No items. 8 CITY COUNCIL MINUTES AUGUST 26, 2002 ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:17 p.m. to Tuesday, August 27, 2002, beginning at 5:00 p.m. in the Executive Board Room. ATTEST: MAYOR (~HE CITY OF CYPRESS CLERK OF "~.~,E ClTY-'~F CYPRESS 9