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Minutes 2002-09-23282 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 23, 2002 A regular meeting of the Cypress City Council and Cypress Redevelopment Agency was called to order at 5:30 p.m. by Mayor/Agency Chair Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members/Agency Board Members McGill, Piercy, Mayor Pro Tem/Agency Vice Chair McCoy, Mayor/Agency Chair Sondhi ABSENT: Council Member/Agency Board Member Keenan STAFF PRESENT: City Manager, City Attorney, Director of Finance and Administrative Services, Community Development Director, Recreation and Community Services Director, Assistant to the City Manager, Assistant Community Development Director, Police Captain, Housing Coordinator, and City Clerk. The Community Development Director stated the Redevelopment Agency had requested that staff prepare an Affordable Housing Strategy, which will provide a road map to solving affordable housing obligations. He stated the strategy is comprised of the following sections: Demographic Profile and Discussion of Housing Needs - Cypress is primarily a city of single-family/condominium ownership housing with only 2.1% of the total housing stock being vacant. The median home cost is $328,000 and 22.8% of households in Cypress are paying more than 35% of their monthly income toward housing costs. Housing Obligations - Cypress is required to engage in the development and preservation of affordable housing. These obligations include: 1) The Agency must spend 20% of its tax increment for the preservation and development of affordable housing; 2) At least 15% of all housing units built in project areas must be available at affordable rates; and 3) The Agency must replace any affordable housing units that are demolished. Explanation of Affordability and Cost of Providing Affordable Housing - Affordability is defined by household income as measured against the County median income and by how much a person can afford to pay of their monthly income toward housing costs. Affordable housing for an Agency is very expensive, with the Agency having to provide subsidy amounts on a per unit basis. The Community Development Director stated the Agency had requested that staff address special categories in the strategy, including motel issues, existing programs, and housing resources. He stated many of the motels along Lincoln Avenue have become long-term or extended-stay residences and that issues concerning conversion to permanent housing are detailed in staff's report. He stated staff had examined the existing home ownership and home enhancement programs, HELP I AND HELP II. Both programs are funded by housing set aside revenues. Felise Acosta, Rosenow Spevacek Group, stated the recommendations provided in the strategy came from the following five questions: 1) What is the housing in the community like? 2) What are the existing programs? 3) What are the housing obligations? 4) What are the existing resources? and 5) What does affordability mean in Cypress? CITY COUNCIL MINUTES SEPTEMBER 23, 2002 She stated the issue of the existing deficit in the inclusionary housing must be addressed, which can be done by adopting a policy requiring all future housing developments in the project areas meeting inclusionary housing requirements. Ms. Acosta stated the HELP I and HELP II programs need revisions in order to meet the requirements for either inclusionary or replacement housing. Also, the Agency should pursue CDBG or HOME funds through the County to fund all or a portion of the programs instead of using annual set aside revenues. She stated the Agency can work with existing property owners to purchase affordability covenants on proposed ownership housing projects to provide affordable housing in the community. She stated this can also be done within existing rental housing projects with priority being given to units located within the redevelopment project areas. Ms. Acosta stated there are various building, physical constraints, and financial considerations associated with converting motels to permanent housing. Some motels may be better suited than others, therefore it is not feasible or necessary to convert all motels. She recommends that the Motel Task Force be reinstated to ensure the current properties meet health and safety standards and that two or three properties be selected for an in-depth study for either rehabilitation and conversion to regular housing or demolition. She stated the final recommendation for the strategy is to identify and pursue other creative affordable housing projects including the acquisition of a 4 to 6 unit rental property by a non-profit organization. Mayor Pro Tem McCoy asked about income qualification adjustments. The Housing Coordinator stated the income qualification appointments go up yearly but are not keeping up with the skyrocketing home prices. He stated the federal government sets the income qualifications. The City Manager stated it was his recommendation to conduct another workshop at a later date to further discuss the Affordable Housing Strategy. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9 (a), Quitmeyer v. City of Cypress, et al., Case Number 00CC15234, Orange County Superior Court. The City Attorney reported that 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), 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, and 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. 2 CITY COUNCIL MINUTES SEPTEMBER 23, 200;~ ~ ,1~ At 6:23 p.m., the Mayor recessed the Council/Agency meeting. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:08 p.m. by Mayor Sondhi. PRESENT: Council Members McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi ABSENT: Council Member Keenan 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, Building Official, Associate Planner, Code Enforcement Officer, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Sondhi. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a proclamation recognizing and commending Vincent Wickander for his quick and heroic actions in saving the lives of two female citizens. 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 draft Comprehensive Affordable Housing Strategy for their consideration. Given the magnitude of the issue, a full workshop will be scheduled at a later date for further discussion. 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), Quitmeyer v. City of Cypress, et al., Case Number 00CC15234, Orange County Superior Court. He stated that this case was scheduled to begin trial today but has been continued until approximately mid-November. Mayor/Agency Chair Sondhi did not participate in the following Closed Session items due to her ownership of property in the project area. 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 02CC11786, Orange County Superior Court - Central Justice Center. He stated that legal counsel for Citizens for Property Rights have learned of the progress being made on negotiations between the City and Cottonwood Christian Center, and have agreed to continue, for a minimum period of at least thirty days, any further litigation activities. The City Attorney reported the Closed Session regarding 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 3 CiTY COUNCIL MINUTES SEPTEMBER 23, 2002 Number SA02-149, United States District Court- Central District of California, was not held. The City Attorney reported that 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 Assistant Executive Director and City Attorney briefed the Agency on the most recent negotiating session with Cottonwood Christian Center and advised that progress continues to be made toward an ultimate agreement that will be acceptable to both parties. 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. Robed Sundwall, Cypress, spoke regarding tree trimming on Vista Sierra. Pete Kinnahan, Cypress, invited the City Council to attend an appreciation barbecue on Sunday, September 29, 2002 at 12:00 noon at Oak Knoll Park. The City Attorney stated there has been a report in the media that the City has offered to subsidize Costco if it were to develop the Walker/Katella site, for a period to twenty years. He stated that, not only is that not correct, but there has never been an offer to subsidize Costco in that amount, nature, or duration, nor has there ever been a request by Costco that the City do so. 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 CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT NO. 2002-12, A REQUEST TO CONSTRUCT AND OPERATE A FULL-SERVICE CAR WASH WITH FAST-FOOD RESTAURANT. The Associate Planner provided background information on this item. Council Member McGill asked about parking at the location. The Associate Planner provided clarification on parking for restaurant patrons only and for car wash patrons. The public hearing was opened. Nasser Moghadam, arohitect for the project, stated he appreciated staff's assistance on the project. 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. 4 CITY COUNCIL MINUTES SEPTEMBER 23, 2002 Mayor Pro Tem McCoy stated the location did not appear to be convenient to enter and exit and he would be more open to a restaurant at the location. Mayor Sondhi asked what uses at the location would not require a Conditional Use Permit. The Associate Planner stated a business that would not have much of a potential impact, such as general retail shops, would not require a Conditional Use Permit. The Assistant Community Development Director stated the market for stand alone restaurants on the site are not strong due to the traffic circulation on Lincoln and on-site circulation issues. Mayor Sondhi stated she is concerned with the amount of traffic currently at the location for the Home Depot, especially on the weekends. Council Member McGill asked how many parking spaces would be lost to the development of the car wash/restaurant. The Assistant Community Development Director stated the majority of the site is currently dirt so there are no parking spaces at this time. He stated there are hundreds of parking spaces on the Home Depot site. It was moved by Council Member Piercy and seconded by Council Member McGill, to adopt the Resolution approving Conditional Use Permit No. 2002-12 - with conditions. The motion was carried by the following roll call vote: AYES: 3 NOES: 1 ABSENT: 1 COUNCIL MEMBERS: McGill, Piercy, and Sondhi COUNCIL MEMBERS: McCoy COUNCIL MEMBERS: Keenan RESOLUTION NO. 5606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-12 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 24, ARTICLE II, SECTION 24-6 OF THE CYPRESS MUNICIPAL CODE RELATING TO EXCAVATIONS, FILLS, AND OBSTRUCTIONS WITHIN THE PUBLIC RIGHT-OF-WAY. The Code Enforcement Officer provided background information on this item. Council Member McGill asked how, in addition to the newspapers, the public would be informed about implementation of the Ordinance. The Code Enforcement Officer stated that staff would post a notice throughout the City indicating the City Council has approved the Ordinance and what date it will be going into effect. He stated everything in the public right-of-way will receive advance notice. Council Member Piercy asked if the public right-of-way included not only the street but the sidewalk as well, and who would be issuing citations. The Code Enforcement Officer stated it does include the sidewalk and that enforcement will be done through Code Enforcement, not the Police Department. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. CITY COUNCIL MINUTES SEPTEMBER 23, 2002 Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. The City Manager stated basketball hoops and other apparatus left on the sidewalk block pedestrians and handicapped individuals. The purpose of the street is to store vehicles, transport people, and transport vehicles. The Ordinance will be in place for specific abuses so staff can be reactive and take appropriate action. Mayor Pro Tem McGill stated he would like staff to be complaint-driven and not proactive by driving around and looking for basketball hoops. It was moved by Mayor Pro Tem McCoy and seconded by Council Member Piercy, to introduce for first reading an Ordinance amending Chapter 24, Article II, Section 24-6 of the Cypress Municipal Code Relating to Excavations, Fills, and Obstructions Within the Public Right-of-Way, and to adopt the Resolution Establishing a Cost-Recovery Fee for Items Abated from the Public Right-of-Way and Stored at the City of Cypress Corporate Yard. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 24, ARTICLE II, SECTION 24-6 OF THE CYPRESS MUNICIPAL CODE RELATING TO EXCAVATIONS, FILLS, AND OBSTRUCTIONS WITHIN THE PUBLIC RIGHT-OF-WAY. RESOLUTION NO. 5607 A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF CYPRESS, ESTABLISHING A COST-RECOVERY FEE FORITEMS ABATED FROM THE PUBLIC RIGHT-OF-WAY AND STORED AT THE CITY OF CYPRESS CORPORATE YARD. Item No. 3: PUBLIC HEARING REGARDING ADOPTION OF ORDINANCES FOR THE LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODEF; WITH AMENDMENTS FOR THE CITY OF CYPRESS. The City Clerk provided information on this item. It was moved by Mayor Pro Tem McCoy and seconded by Council Member Piercy, to continue the consideration of this item to the regular meeting of October 14, 2002. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan 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. Council Member McGill requested Item No. 11 be pulled from the Consent Calendar. CITY COUNCIL MINUTES SEPTEMBER 23, 2002 Mayor Pro Tem McCoy requested Item No. 16 be pulled from the Consent Calendar. It was moved by Council Member Piercy and seconded by Council Member McGilI, to approve Consent Calendar Items No. 4 through 10, 12 through 15, and 17 through 22. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 4: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 9, 2002. Recommendation: That the City Council approve the Minutes of the Meeting of September 9, 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, RECOGNIZING AND COMMENDING VINCENT WlCKANDER FOR HIS QUICK AND HEROIC ACTIONS IN SAVING THE LIVES OF TWO FEMALE CITIZENS. Recommendation: That the Mayor and City Council officially proclaim, recognize and commend Vincent Wickander for his quick and heroic actions in saving the lives of two female citizens. Item No. 7: PROCLAIMING THE WEEK OF SEPTEMBER 30 - OCTOBER 4, 2002, AS "LAWSUIT ABUSE AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of September 30 - October 4, 2002, as "Lawsuit Abuse Awareness Week" in the City of Cypress. Item No. 8: PROCLAIMING THE MONTH OF OCTOBER, 2002, AS "BREAST CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of October, 2002, as "Breast Cancer Awareness Month" in the City of Cypress. Item No. 9: PROCLAIMING THE MONTH OF OCTOBER, 2002, AS "NATIONAl BREAST CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of October, 2002, as "National Breast Cancer Awareness Month" in the City of Cypress. Item No. 10: ADOPTION OF RESOLUTION APPROVING THE CITY'S DISADVANTAGED BUSINESS ENTERPRISES GOAL AND PROGRAM FOR FEDERAL FISCAL YEAR 2002-2003. Recommendation: That the City Council: 1) Adopt the Resolution by title only, adopting a Disadvantaged Business Enterprises (DBE) Program; and 2) Establish the City's annual DBE goal for the period October 1,2002 through September 30, 2003, to be 4.0%, CITY COUNCIL MINUTES SEPTEMBER 23, 20022~ ~ RESOLUTION NO. 5608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR ALL CAPITAL IMPROVEMENT PROJECTS UNDERTAKEN BY THE CITY OF CYPRESS THAT WILL RECEIVE UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING, AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL FOR THE FEDERAL FISCAL YEAR 2002-03. Item No. 12: RENEWAL OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES. Recommendation: That the City Council approve a renewal of the contract for traffic signal maintenance services to Peek Traffic/Signal Maintenance Inc., 2283 Via Burton Street, Anaheim, California 92806, for an additional three year period beginning September 25, 2002, at the revised contract rates. Item No. 13: AWARD OF ANIMAL CONTROL SERVICES CONTRACT. Recommendation: That the City Council approve the 2002-2003 Agreement for Animal Control and Shelter Services with the County of Orange, and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Attorney. Item No. 14: AWARD OF CONTRACTS FOR PROFESSIONAL BUILDING PLAN CHECK AND INSPECTION SERVICES. Recommendation: That the City Council: 1) Award a contract for professional building plan check and inspection services to Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, California 92647; and 2) Award a contract for supplemental plan check and inspection services to Scott Fazekas and Associates, 9 Corporate Park, Suite 200, Irvine, California 92606. Item No. 15: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR BALL ROAD PARKWAY IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2001-24. Recommendation: That the City Council: 1) Approve the plans and specifications for Ball Road Parkway Improvements, Public Works Project No. 2001-24; and 2) Authorize City staff to advertise the project for bids. Item No. 17: APPROVAL OF FISCAL YEAR 2001-02 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS. Recommendation: That the City Council: 1) Authorize the appropriation of funds in Fiscal Year 2002-03 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund 15 Capital Projects Fund 22 Special Gas Tax Fund 25 Lighting District Fund 26 Local Drainage Facility Fund 39 Measure M Gas Tax Fund 41 gewer Fund 76 Central Services Fund 90 Capital Replacement Fund TOTAL $ 290,865 2,935,938 623,261 38,886 132,150 116,090 125,000 29,925 763,755 $5.055.870 8 CITY COUNCIL MINUTES SEPTEMBER 23, 200~G 90 2) Authorize the transfer of funds to support continuing appropriations in Fiscal 2002-03 as listed below: FROM TO AMOUNT Year 11 General Fund 11 General Fund 11 General Fund 22 Special Gas Tax 28 Namotics Asset Seizure 30 Supp Law Enforcement 39 Measure M Gas Tax TOTAL 12 Rec & Park District $ 59,588 15 Capital Projects 1,157,769 90 Capital Replacement 126,787 15 Capital Projects 13,603 15 Capital Projects 9,046 90 Capital Replacement 90,867 22 Special Gas Tax 568,597 $2.026.257 3) Authorize the continuation of the following grant revenue to support continuing appropriations to Fiscal Year 2002-03: 15 Capital Projects 39 Measure M Gas Tax 41 Sewer Fund TOTAL $730,000 42,574 75,838 $848.412 4) Authorize the appropriation of funds in Fiscal Year 2002-03 for items encumbered at June 30, 2002 as detailed in Attachment B and summarized below: 11 General Fund 15 Capital Projects Fund 22 Special Gas Tax 2106 Fund 28 Narcotics Asset Seizure Fund 30 Supplemental Law Enforcement Fund 35 Civic Center Redevelopment 36 Low and Moderate Housing Fund 37 Lincoln Ave Redevelopment 38 Race Track Redevelopment 39 Measure M Gas Tax Fund 41 Sewer Fund 76 Central Services Fund 90 Capital Replacement Fund TOTAL 95,553 741,102 66,870 4,849 1,123 4,520 13,113 3,643 32,000 20,489 148,391 5,984 73,199 $1.209,712 Item No. 18: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2001-02. Recommendation: That the City Council: 1) Approve additional appropriations/uses and sources for Fiscal Year 2001-02 from the unreserved fund balance of the Civic Center Refinancing Debt Service Fund, as follows, to account for the refinancing approved by City Council (Resolution No. 5425): Account 4189-55-366-15 (Professional Services) Account 4275-55-366-15 (Interest) Account 4279-55-366-15 (Principal) Account 1271-55-999-99 (Proceeds of Debt) Account 2302-55-999-99 (Discount on Bond Proceeds) $ 124,000 29,000 5,130,000 5,505,000 87,5OO 2) Approve the budget transfer of $612,000 from the Redevelopment Agency (Civic Center Project Area) to the Civic Center Refinancing Debt Service Fund (Account 1200- 55-999-99) for the transfer of the reserve funds held by the fiscal agent. Item No. 19: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST, 2002. Recommendation: Receive and file. CITY COUNCIL MINUTES SEPTEMBER 23, 20024; Item No. 20: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 55746 THROUGH 55946. Recommendation: Approve the attached warrant register. RECREATION & PARK DISTRICT MATTERS: Item No. 21: APPROVAL OF FISCAL YEAR 2001-02 CARRYOVER OF CONTINUING APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION AND PARK DISTRICT. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Authorize the appropriation of funds in Fiscal Year 2002-03 for the carryover of continuing appropriations as detailed in Attachment A and summarized as follows: 12 General Fund $511,659 2) Authorize the transfers of funds to support continuing appropriations in Fiscal Year 2002-03 as listed below: FROM TO AMOUNT 11 General Fund 83 Central Services Fund 13 Park Development Fund TOTAL 12 Rec & Park District 12 Rec & Park District 12 Rec & Park District $ 59,588 100,000 311,265 $47O.853 3) Authorize the appropriation of funds in Fiscal Year 2002-03 for items encumbered at June 30, 2002 as detailed in Attachment B and summarized below: 12 GeneralFund $86.931 Item No. 22: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR A SKATEPARK AT VETERANS PARK, PUBLIC WORKS PROJECT NO. 2002-35. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the plans and specifications for the skatepark located in Veterans Park, Public Works Project No. 2002-35; and 2) Authorize City staff to advedise the project for bids. Re.qardinq Item No. 11: AUTHORIZATION OF RENEWAL OF CONTRACT FOR CITY'S ANNUAL CURB, GUTTER, AND SIDEWALK MAINTENANCE, PUBLIC WORKS PROJECT NO. 2002-37, Council Member McGill asked the City Manager for additional information on this item. The City Manager stated this item represents a significant increase in the maintenance of effort program by the City. Mayor Sondhi stated the City Council has made a commitment to the City and residents to deal with curbs, gutters, and sidewalks by increasing funding significantly. It was moved by Council Member McGill and seconded by Mayor Pro Tem McCoy, that the City Council renew the annual curb, gutter, and sidewalk maintenance contract with Perry Maness Industries, Inc., 1101 E. Spring Street, Long Beach, California 90809- 1477, for fiscal year 2002-2003, in an amount not to exceed $500,000. 10 CITY COUNCIL MINUTES SEPTEMBER 23, 2o 92 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Keenan Re.qarding Item No. 16: ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT, AND ADOPTION OF RESOLUTION IN SUPPORT OF THE OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY, Mayor Pro Tem McCoy thanked the Police Department for applying for the grant, which allows the City to spend additional money on traffic related issues. It was moved by Mayor Pro Tem McCoy and seconded by Council Member McGill, that the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Adopt the Resolution by title only, agreeing to support the grant goals in their entirety; and 3) Increase estimated revenues (3525-11-Other Grants) in the General Fund for the grant total of $62,920; and 4) Approve appropriations from the fund balance of the General Fund as follows: 4003-11-183-05 (Overtime) 4004-11-183-05 (Promotional Items) 4113-11-183-05 (Equipment) 4206-11-183-05 (Travel Expenses) $46,620 $ 6,000 $ 8,3O0 $ 2,0OO The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Keenan RESOLUTION NO. 5609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE ACCEPTANCE OF THE OPERATION SAFE PASSAGE TRAFFIC SAFETY PROGRAM (OTS) GRANT APPLICATION WITH THE STATE OF CALIFORNIA FOR A POLICE TRAFFIC SERVICES PROJECT. END OF CONSENT CALENDAR UNFINISHED BUSINESS No items. NEW BUSINESS Item No. 23: INTRODUCTION OF THE FIRST READING OF ORDINANCES FOR THF LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS. The Building Official provided background information on this item. Mayor Sondhi asked if there are substantial changes from one volume to the next of the various codes. The Building Official stated that building officials throughout the country have been working to assemble the codes into one format and have local amendments but the codes are not ready for adoption for this code cycle. The State of California has mandated adoption of the 1997 edition of the Building Code and 2000 edition of the Fire, Electrical, and Plumbing Codes and their amendments. 11 CITY COUNCIL MINUTES SEPTEMBER 23, 200~9 '~ It was moved by Mayor Pro Tem McCoy and seconded by Council Member McGill, to introduce for first reading by title only, and schedule a Public Hearing on October 14, 2002, for the adoption of the current model Building, Fire, Electrical, and Plumbing Codes with amendments for the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Keenan ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1997 EDITION OF THE UNIFORM BUILDING CODE, ALSO KNOWN AS THE 2001 CALIFORNIA BUILDING CODE, THE 2000 EDITION OF THE UNIFORM MECHANICAL CODE, ALSO KNOWN AS THE 2001 CALIFORNIA MECHANICAL CODE, THE 1997 EDITION OF THE UNIFORM HOUSING CODE, THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS., THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE AND THE 2001 EDITION OF THE UNIFORM BUILDING CODE STANDARDS AND REPEALING ORDINANCE NO. 989. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 5-3 AND 5-4 OF CHAPTER 5 OF THE CYPRESS CITY CODE, AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2000 EDITION OF THE UNIFORM FIRE CODE AND THE 2000 EDITION OF THE UNIFORM FIRE CODE STANDARDS AND REPEALING ORDINANCE NO. 990. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1999 EDITION, ALSO KNOWN AS THE 2001 CALIFORNIA ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND REPEALING ORDINANCE NO. 991. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2000 EDITION OF THE UNIFORM PLUMBING CODE, ALSO KNOWN AS THE 2002 CALIFORNIA PLUMBING CODE, THE 1997 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, THE 1997 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS AND REPEALING ORDINANCE NO. 992. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. The City Council meeting was recessed at 8:55 p.m. 12 CITY COUNCIL MINUTES SEPTEMBER 23, 2o0 94 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency reconvened at 8:55 p.m. It was moved by Agency Board Member McGill and seconded by Agency Board Member Piercy, to approve Consent Calendar Items No. 24 through 26. The motion was unanimously carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: McGill, Piercy, McCoy and Sondhi NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Keenan Consent Calendar: Item No. 24: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2001-02. Recommendation: That the Cypress Redevelopment Agency Board approve additional appropriations from the Civic Center Project Area fund balance as follows: Appropriate $17,000 to account 4179-35-194-06 (Legal Service) from the fund balance of the Civic Center Capital Projects fund; and Appropriate $12,500 to account 4187-35-402-24 (Contract Services- Demolition of Building) from the fund balance of the Civic Center Capital Projects fund. (Agency Chairperson Sondhi abstained from voting on the Los Alamitos Race Track and Golf Course Project Area items due to her ownership of property in the project area.) That the Cypress Redevelopment Agency Board approve additional appropriations from the Los Alamitos Race Track and Golf Course (LART) Project Area fund balances as follows: Appropriate $126,000 to account 4179-38-197-06 (Legal Service) and $130,000 to account 4211-38-197-06 (Litigation Costs) from the fund balance of the LART Capital Projects fund; and Appropriate $2,000 to account 4226-54-365-15 (Property Tax Collection) and $37,000 to account 4275-54-365-15 (Interest Expense) from the fund balance of the LART Debt Service fund; and Increase the Estimated Revenues in the LART Capital Projects fund (3400-38 Interest Earnings) by $150,000 and increase the Estimated Revenues in the LART Debt Service fund (3400-54 Interest Earnings) by $30,000. That the Agency Board approve the budget transfer of $612,000 from the Redevelopment Agency (Civic Center Project Area- Account 2200-52) to the Civic Center Refinancing Debt Service Fund for the transfer of the reserve funds held by the fiscal agent. 13 CITY COUNCIL MINUTES SEPTEMBER 23, 200~ ~ Item No. 25: APPROPRIATION OF FUNDS AND AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF ENVIRONMENTAL ANALYSIS FOR THE WALKER/KATELLA RETAIL PROJECT. Recommendation: That the Cypress Redevelopment Agency: 1) Approve Amendment No. 1 to the Consultant Services Agreement with RBF Consulting, Inc. to add an additional amount of $16,000 to the maximum amount of compensation under the terms of the Agreement; and 2) Approve appropriations from the LART Project Area fund balance as follows: Other Professional Services Account Number 4189-38-197-06 Amount $16,000 Chairperson Sondhi abstained from voting due to her ownership of property in the project area. Item No. 26: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH THE TERPIN GROUP FOR PUBLIC INFORMATION AND PROMOTIONAL SERVICES. Recommendation: That the Cypress Redevelopment Agency approve and authorize the Agency Chair to execute the attached Contract Services Agreement with the Terpin Group to provide public information and promotional services related to various Agency projects and programs. END OF CONSENT CALENDAR The Redevelopment Agency was adjourned at 8:57 p.m. The City Council reconvened at 8:57 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. Mayor Pro Tem McCoy: Attended the Cypress Festival volunteer dinner. Attended the SHURflo Open House. Attended the Vertex Standard Open House. Council Member McGill: Attended the SHURflo and Vertex Standard Open Houses. Attended several September 11 functions. Council Member Piercy: Also attended the SHURflo and Vertex Standard Open Houses. Mayor Sondhi: Attended the Vertex Standard Open House. ITEMS FROM CITY MANAGER: No items. 14 CITY COUNCIL MINUTES SEPTEMBER 23, 201~9~ ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:03 p.m. to Monday, October 14, 2002, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF CYPRESS ATTEST: ~'~TY CLE~RK OF (~E CITY OF CYPRESS 15