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Minutes 2002-10-14297 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 14, 2002 A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Sondhi in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members Keenan, McGill, Piemy, Mayor Pro Tem McCoy, Mayor Sondhi ABSENT: None STAFF PRESENT: City Manager, City Attorney, and City Clerk. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. 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. At 6:02 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 7:00 p.m. by Mayor Sondhi. PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi ABSENT: None STAFF PRESENT: City Manager, City Attorney, Director of Finance and Administrative Services, Community Development Director, Chief of Police, Public Works Director, Recreation and Community Services Director, Assistant to the City Manager, Assistant Community Development Director, Building Official, Associate Planner, Housing Coordinator, and City Clerk. CITY COUNCIL MINUTES OCTOBER 14, 20~.9 8 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Boy Scout Troop 295. INVOCATION: The invocation was given by City Attorney Wynder. 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 reported that the Joint Closed Session 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 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 were 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. The City Attorney stated a brief report was given regarding ongoing real property negotiations. Comments were communicated on a draft purchase and sale agreement from legal counsel for the Agency to legal counsel for Cottonwood Christian Center. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. The City Attorney and City Manager briefed the City Council on the facts and circumstances that could give rise to litigation and discussed possible strategies. Mayor/Agency Chair Sondhi did not participate in the Closed Session due to her ownership of property in the project area. 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. Johnnie Perkins, Cypress, commended the City for organizing the September 11, 2002 memorial ceremony at City Hall. Linda Metzidis, Cypress Masterworks Chorale, spoke regarding the re-opening of the newly refurbished Cypress College Campus Theater, and invited the City Council to "The Creation" concert on Saturday, October 26, 2002 at 7:00 p.m. and Sunday, October 27, 2002 at 3:00 p.m. Cindi Stone, Cypress, spoke regarding the Ordinance regulating basketball standards in the public right-of-way (Agenda Item No. 24). 2 CiTY COUNCIL MINUTES OCTOBER 14, 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 GENERAL PLAN AMENDMENT NO. 2002-02, ZONE CHANGE NO. 2002-02, THE CENTERSTONE SPECIFIC PLAN, CONDITIONAL USE PERMIT NO. 2002-14, AND TENTATIVE TRACT MAP NO. 16376, A REQUEST TO CONSTRUCT 33 SINGLE-FAMILY HOMES ON THE PROPERTIES LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND HOLDER STREET IN THE CG COMMERCIAL ZONE. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Hal Woods, President, Centerstone Communities, stated they have worked closely with City staff over the last year 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. It was moved by Council Member McGill and seconded by Council Member Keenan, to introduce for first reading by title only, an Ordinance adopting Zone Change No. 2002- 02 and the Centerstone Specific Plan, Changing the Zoning Classification of the Two Properties Generally Located at the Northwest Corner of Ball Road and Holder Street from CG Commercial General to PC Planned Community, and to adopt the Resolutions by titles only, adopting General Plan Amendment No. 2002-02, Changing the General Plan Classification of the Properties Located at 6381-6427 Ball Road from General Neighborhood Commercial to Planned Community, approving Conditional Use Permit No. 2002-14 - With Conditions, and approving Tentative Tract Map No. 16376 - 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2002-02 AND THE CENTERSTONE SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION OF THE TWO PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND HOLDER STREET FROM CG COMMERCIAL GENERAL TO PC PLANNED COMMUNITY. RESOLUTION NO. 5610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN AMENDMENT NO. 2002-02, CHANGING THE GENERAL PLAN CLASSIFICATION OF THE PROPERTIES LOCATED AT 6381-6427 BALL ROAD FROM GENERAL NEIGHBORHOOD COMMERCIAL TO PLANNED COMMUNITY. 3 CITY COUNCIL MINUTES OCTOBER 14, 2_.~(~ RESOLUTION NO. 5611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-14 - WITH CONDITIONS. RESOLUTION NO. 5612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16376 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-16, A REQUEST TO ESTABLISH AN AMERICAN LEGION POST WITH ONSALE GENERAL ALCOHOL WITHIN AN EXISTING INDUSTRIAL LEASE SPACF LOCATED AT 5646 CORPORATE AVENUE WITHIN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. The public hearing was opened. Mayor Sondhi asked about any condition requiring activities remain inside the facility without spillover into the parking lot. The Associate Planner stated there is currently not a condition but one could be added. The Police Chief stated the American Legion has not been a problem for the Police Department. The applicant, Al Watts, Commander, American Legion Post #295, stated the Post has been in existence since 1965. He stated their relocation to another facility will be a benefit to them. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Hal Woods, President, Centerstone Communities, stated his support of the American Legion. 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 Piercy, to adopt the Resolution by title only, approving Conditional Use Permit No. 2002-16 - With Conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-16 - WITH CONDITIONS. 4 .CITY COUNCtL MINUTES OCTOBER 14, Item No. 3: PUBLIC HEARING REGARDING APPLICATION FOR A SPECIAL PERMIT, A REQUEST TO OPERATE A SECONDHAND STORE LOCATED AT 6058 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicant, Tom Bauwens, stated he was looking forward to opening the store in Cypress. 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 McGill, to adopt the Resolution by title only, approving a Special Use Permit for a Secondhand Store Located at 6058 Lincoln Avenue - With Conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi None None RESOLUTION NO. 5614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A SPECIAL USE PERMIT FOR A SECONDHAND STORE LOCATED AT 6058 LINCOLN AVENUE - WITH CONDITIONS. Item No. 4: PUBLIC HEARING REGARDING APPLICATION FOR A SPECIAL PERMIT, RESIDENTIAL ADDRESSING SERVICE, CURB NUMBERING SERVICE. The Public Works Director provided background information on this item. Mayor Pro Tern McCoy asked if residents have the option of not having curb numbers painted at their house. The Public Works Director stated the condition of the permit is that all numbers be painted and that payment from residents is solicited voluntarily. The public hearing was opened. The applicant, Amanda Salazar, stated her company has worked in the City previously but under a different name. Mary Crowder, Cypress, stated that the residents need to be notified when curb painting is being done. Council Member McGill asked if companies who were painting without permits have been caught in the City. The Public Works Director stated companies have been found painting without permits and when this occurs, they are asked to leave the City. 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. 5 CITY COUNCIL MINUTES OCTOBER 14, 2o 02 The public hearing was closed. It was moved by Council Member Keenan and seconded by Mayor Pro Tern McCoy, to approve the Special Permit to Ms. Amanda R. Salazar, D.B.A. Curb Numbering Service, 9823 Walnut Street #2W, Bellflower, California 90706, to paint address numbers on residential curbs in the City, subject to full compliance with Public Works Standard Plan No. 410, which permit shall expire on October 14, 2003. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Keenan, McGill, Piemy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None Item No. 5: PUBLIC HEARING REGARDING ADOPTION OF ORDINANCES FOR THE LATEST MODEL BUILDING, FIRE, ELECTRICAL, AND PLUMBING CODES WITH AMENDMENTS FOR THE CITY OF CYPRESS. The Building Official provided background information on this item. 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 Piemy, to introduce for first ready, by titles only, the Ordinance 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 Buildinq 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 Housinq Code, the 1997 Edition of the Uniform Code for the Abatement of Danqerous Buildinqs, the 1997 Edition of the Uniform Administrative Code and the 2001 Edition of the Uniform Buildinq Code Standards and Repealing Ordinance No. 989, an Ordinance 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, an Ordinance 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, an Ordinance 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 2001 California Plumbing Code, the 1997 Edition of the Uniform Swimmin.q Pool1 Spa1 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. 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 6 CITY COUNCIL MINUTES OCTOBER 14, 2002 3O3 ORDINANCENO. 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 Buildinq 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 Housinq Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildinqs, the 1997 Edition of the Uniform Administrative Code and the 2001 Edition of the Uniform Buildinq Code Standards and Repealing Ordinance No. 989. ORDINANCENO. 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. ORDINANCENO. 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 Plumbinq Code, Also Known as the 2001 California Plumbing Code, the 1997 Edition of the Uniform Swimming Pool1 Spa, and Hot Tub Code, the 1997 Edition of the Uniform Solar Enerqy Code, and the Uniform Plumbinq Code Material and Installation Standards and Repealing Ordinance No. 992. Item No. 6: PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS UNDER THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994." The Chief of Police provided background information on this item. 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 McGill and seconded by Council Member Piercy, that the City Council: 1) Conduct a public hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Depadment intends to spend the grant funds; and 2) Accept the awarded grant sum of $29,694 from the federal government and increase estimated revenues in the General Fund (3525-11); and 3) Transfer $21,430 from the unreserved fund balance of the General Fund (Fund 11) to the Capital Replacement Fund (Fund 90); and 4) Appropriate $21,430 from the unreserved fund balance of the Capital Replacement Fund to account 4305-90-656-35 for the purchase of an Archive Mobile Storage CITY COUNCIL MINUTES OCTOBER 14, 200~0,1~ System; and 5) Appropriate $8,846 from the unreserved fund balance of the General Fund (Fund 11) to account 4113-11-163-05 for the purchase of ten (10) M26 tasers, four (4) patrol bicycles and associated equipment; and 6) Appropriate $2,717 from the unreserved fund balance of the General Fund (Fund 11) to account 4116-11-163-05 for the purchase of field training officer computer software and eight (8) licenses. 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. 7: PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS: CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS. The Chief of Police provided background information on this item. 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 Mayor Pro Tem McCoy and seconded by Council Member Piercy, that the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve an increase of estimated revenues for fiscal year 2002/2003, in the Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants account number 3525-30-999-99 for $100,000; and 3) Approve the continued use of grant funds for one (1) police services officer position, which was approved in fiscal year 1999/2000. These funds, $58,321, will pay for the police service officer's salary for fiscal year 2002/2003; and 4) Approve the continued use of the remaining funds for one (1) police officer position, which was approved during fiscal year 2001/2002. These remaining funds, $41,679, will pay for a portion of that officer's salary for fiscal year 2002/2003. 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. 8: PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS: CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS, TO BF REALLOCATED FROM FISCAL YEAR 2000/2001. The Chief of Police provided background information on this item. 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 Mayor Pro Tern McCoy and seconded by Council Member Keenan, that the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve the expenditure of $21,100 from account 4305-90-656- 8 CITY COUNCIL MINUTES OCTOBER 14, 35 (Police Equipment) for the purchase of a voice stress analyzer, document imaging, and laptop computer. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Keenan, McGill, Piemy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: None Item No. 9: PUBLIC HEARING REGARDING REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FISCAL YEAR 2003-04 (YEAR 29). The Housing Coordinator provided background information on this item. 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 McGill and seconded by Mayor Pro Tem McCoy, that the City Council: 1) Hold a public hearing to review the list of projects proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2003-04 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, approving the City's participation in the Fiscal Year 2003-04 (Year 29) Community Development Block Grant Program with the County of Orange; and 3) Authorize the Mayor to sign the grant request on behalf of the Cypress City Council. 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. 5615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE 29TM YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE. 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. 19 be pulled from the Consent Calendar. Mayor Pro Tem McCoy request Item No. 17 be pulled from the Consent Calendar. It was moved by Council Member Piercy and seconded by Mayor Pro Tem McCoy, to approve Consent Calendar Items No. 10 through 16, 18, and 20 through 23. 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 9 CITY COUNCIL MINUTES OCTOBER 14, 2002 306 Item No. 10: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 23, 2002. Recommendation: That the City Council approve the Minutes of the Meeting of September 23, 2002, as submitted, with Council Member Keenan abstaining on the Minutes due to his absence from the meeting. Item No. 11: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 12: PROCLAIMING THE WEEK OF OCTOBER 17-201 2002, AS THE "49TM NATIONAL CONVENTION OF GIRL SCOUTS OF THE USA." Recommendation: That the Mayor and City Council officially proclaim the week of ~ ~'~02, as the "49th National Convention of Girl Scouts of the USA." Item No. 13: PROCLAIMING THE WEEK OF OCTOBER 19-24, 2002, AS "RED RIBBON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of October 19-24, 2002 as "Red Ribbon Week" in the City of Cypress. Item No. 14: PROCLAIMING THE WEEK OF OCTOBER 20-26, 2002, AS "WORLD POPULATION AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of October 20-26, 2002, as "World Population Awareness Week" in the City of Cypress. Item No. 15: ADOPTION OF RESOLUTION TO APPLY FOR FUNDING FROM THF CALIFORNIA ENERGY COMMISSION FOR BATTERY BACKUP SYSTEMS. Recommendation: That the City Council: 1) Adopt the Resolution by title only, authorizing the City to apply for funding from the California Energy Commission for battery backup systems operating with light emitting diode traffic signals; and 2) Approve an increase to estimated revenues in the General Fund in Other Grants, Account No. 3525-39-999-99, in the amount of $14,700; and 3) Approve an appropriation of $26,100 from the Measure M Turnback Fund to Account No. 4186-39- 846-22 for the purchase and installation of battery backup systems at various intersections. RESOLUTION NO. 5616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, TO APPLY FOR FUNDING FROM THE CALIFORNIA ENERGY COMMISSION FOR BATTERY BACKUP SYSTEMS. Item No. 16: APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE FOR CONSTRUCTION OF PHASE 3 IMPROVEMENT,~ FOR CYPRESS ACRES, PUBLIC WORKS PROJECT NO. 9836. Recommendation: That the City Council approve Amendment No. 1 to Cooperative Agreement with County of Orange and County Development Agency for construction of Phase 3 improvements for Cypress Acres, and authorize the Mayor to sign the agreement. 10 CITY COUNCIL MINUTES OCTOBER 14, 200~0~ Item No. 18: AWARD OF CONTRACT FOR THE PURCHASE AND INSTALLATION OF A COMPUTERIZED, INTERACTIVE TRAINING SYSTEM. Recommendation: That the City Council award a contract for the purchase and installation of a computerized, interactive training system to Patriot Range Technologies LLC, 227 Bluff Avenue, La Grange, Illinois 60525, for an amount not to exceed $50,000. Item No. 20: AWARD OF CONTRACT FOR REPLACEMENT OF ENGINE FOR PUBLIC WORKS VEHICLE NO. 319. Recommendation: That the City Council: 1) Approve a contract in the amount of $7,235.00 with Cook Tractors, Inc., 13728 E. Alondra Boulevard, Cerritos, California 90703-2316, to replace the engine in Publio Works Vehiole #319; and 2) Appropriate $7,235.00 to Account No. 4368-90-659-39 in the Capital Replacement Fund. Item No. 21: ACCEPTANCE OF INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF WALKER STREET AT VESSELS CIRCLE, AND ORANGE AVENUE AT LEXINGTON JUNIOR HIGH SCHOOL, PUBLIC WORKS PROJECT NO. 2002-04. Recommendation: That the City Council: 1) Accept the Installation of Traffic Signals at the Intersections of Walker Street at Vessels Circle, and Orange Avenue at Lexington Junior High School, Public Works Project No. 2002-04, as being satisfactorily completed in substantial conformance with the project specifications, in the final amount of $106,609.48; and 2) Approve the final retention payment of $10,660.94 to Moore Electrical Contracting, Inc., 463 N. Smith Avenue, Corona, California 92880, thirty-five (35) days after the Notice of Completion is filed if no claims or objections have been filed, upon concurrence of Director of Public Works. Item No. 22: ACCEPTANCE OF FINAL TRACT MAP NO. 16323. PROPERTY LOCATED AT 8652 BELMONT STREET. Recommendation: That the City Council approve Final Tract Map No. 16323 and authorize the City Clerk to sign the record map. Item No. 23: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 55947 THROUGH 56374. Recommendation: Approve the attached warrant register. Regarding Item No. 17: APPROVAL OF AMENDMENT NO. 1 FOR RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR REMODEL OF CYPRESS COUNCIL CHAMBERS, PUBLIC WORKS PROJECT NO. 2001-18, Mayor Pro Tem McCoy stated he would recommend waiting on this item until after the Governor makes a decision on any potential tax loss dollars to cities. The City Manager stated it has been approximately 40 years since any improvements have been made to the building and there is a specific plan on how this remodel would be financed. The remodel will provide compliance with the Americans with Disabilities Act and well as cosmetic improvements. The Director of Finance and Administrative Services stated the funding would be from the excess money from the sale of the Wicker Driver property. Staff is aware of the implications from the state budget and there are contingencies to make sure this project can be funded. The Director of Public Works stated some of the ADA compliance issues include the dais, which is raised on two stairs without easy access, a non-compliant restroom in the facility, and elevator access to get into the Council Chambers. 11 CITY COUNCIL MINUTES OCTOBER 14, 20~p,¢?.,0~ It was moved by Council Member Piercy and seconded by Council Member McGilI, that the City Council approve Amendment No. 1 for Professional Architectural Services for design development, and preparation of plans, specifications, and estimates for the Remodel of the Cypress Council Chambers to John Bates Associates, Inc., 22952 Mill Creek Drive, Laguna Hills, California 92653. The cost of these services is not to exceed $105,135 (amended amount of $98,835 plus 6 percent contingency for reimbursable expenses). The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, McGill, Piercy, and Sondhi NOES: 1 COUNCILMEMBERS: McCoy ABSENT: 0 COUNCILMEMBERS: None Re.qardin.q Item No. 19: APPROVAL OF AN AGREEMENT WITH THE ORANGF COUNTY SANITATION DISTRICT FOR THE PREPARATION OF A FATS, OIL AND GREASE CONTROL PROGRAM STUDY, Council Member McGill asked the Public Works Director to provide additional information on this item. The Public Works Director stated the Regional Water Quality Control Board has issued a waste discharge order to all co-permittees within the County to develop certain standards for the operation and maintenance of their sewer systems. The single most difficult problem to deal with is fats, oils and grease, which come from restaurants and multi and single-family residential areas, because they coagulate and can cause sewer overflows and spills. It was moved by Council Member McGill and seconded by Council Member Piercy, that the City Council: 1) Approve an agreement with the Orange County Sanitation District for the preparation of a Fats, Oil and Grease Control Program Study; and 2) Appropriate $3,000 from the fund balance of the Sewer Fund to Account No. 4187-41- 219-08 to pay for the City's proportionate share of the cost of the study. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR The meeting was recessed at 9:00 p.m. The meeting reconvened at 9:10 p.m. ORDINANCES: Item No. 24: SECOND READING OF 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. It was moved by Council Member McGill and seconded by Council Member Piercy, to adopt the Ordinance by title only, 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 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 12 CITY COUNCIL MINUTES OCTOBER 14, 20~2 ORDINANCE NO. 1030 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. UNFINISHED BUSINESS No items. NEW BUSINESS Item No. 25: APPROVAL OF CITY COUNCIL COMPENSATION INCREASE. The Director of Finance and Administrative Services provided background information on this item. The City Attorney stated the increase is permitted by state law provided that the effective date of the Ordinance does not become operative until a new council is seated. In this case, the new council will be seated January 1 of the succeeding year. This will benefit all members of the City Council including any new members. It was moved by Council Member Keenan and seconded by Council Member Piercy, to introduce for first reading an Ordinance by title only, which will adjust the City Council monthly compensation for the year 2001 by $31 and 2002 by $33 to a new salary level of $685/month, effective January 1,2003, as provided for in the Cypress City Code and State Law. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 2-3.3(B) OF THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL COMPENSATION BY A 5% COST OF LIVING INCREASE. Item No. 26: EXPIRATION OF AN INTERIM URGENCY ORDINANCE PROHIBITING THE GRANTING OF VARIOUS LAND USE ENTITLEMENTS BY THE CYPRESS CITY COUNCIL AND THE CYPRESS COMMUNITY DEVELOPMENT DEPARTMENT WITHIN THE GEOGRAPHIC BOUNDARIES OF THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT. The City Manager stated that staff met and discussed this matter with all of the property owners affected by the analysis. The Assistant Community Development Director provided background information on this item. The City Attorney stated a moratorium on the 300 acres was necessary for Council to envision a master plan from which the entire site could be developed in an orderly and rational manner. The only properties that have been developed during the moratorium were properties that fell within the exception, applications that were deemed complete and ready for public hearing. Those applications are the Residence Inn and the properties built in these areas. 13 CITY COUNCIL MINUTES OCTOBER 14, 2002 Council Member Keenan commended staff for their work on the report. He stated the proposals need to be explained clearly to the public along with discussions with the owner of the race track. Council Member McGill asked about the fiscal benefit the City and Redevelopment Agency would receive in relation to the current plan. The Assistant Community Development Director stated the unit counts between the two land use alternatives are comparable but there is an additional nine acres of retail for one of the alternatives. Shant Agajanian, Agajanian & Associates, stated the analysis was done by looking at the fiscal impact as it affects the City budget and the Redevelopment Agency as separate entities. A net increase of $1,574,000 is anticipated under Alternative One and a $2,000,000 increase under Alternative Two. Some assessed valuation would be lost with the removal of the race track and golf course, but with the addition of commercial and residential, the assessed valuation will go up considerably. Council Member Piercy commended staff and stated she felt it was an intriguing plan that is a good starting point. It was moved by Council Member Keenan and seconded by Council Member Piercy, that the City Council review and comment, then receive and file this report and its attachments regarding potential Master Plans for the study area in compliance with California Government Code Section 65856(d). The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Keenan, McGill, Piercy, and McCoy 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Sondhi Mayor Sondhi did not participate on this item due to her ownership of property in the project area. RECREATION & PARK DISTRICT MATTERS; The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Noitems. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. Noitems. 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 Keenan: Attended the American Public Transit Association Conference on behalf of the Orange County Transportation Authority. Attended the annual League of California Cities Conference in Long Beach. Attended an C.C. Transportation Authority meeting where finalization of the purchase of the 91 Freeway toll road was discussed. 14 CITY COUNCIL MINUTES OCTOBER 14, 2002 Mayor Pro Tem McCoy: Attended the League of California Cities Conference. Attended the Oktoberfest. Mayor Sondhi: Attended the League of California Cities Conference. Commended Council Member Keenan for graduating from the League of California Cities Leadership Academy. Attended the Cypress College Advisory Group meeting. Attended the Oktoberfest. Council Member Piercy: Attended an Orange County Sanitation District meeting where meeting the requirements for full secondary level were discussed along with the ground water replenishment system. Attended the League of California Cities Conference, Council Member McGill: Attended the League of California Cities Conference. Attended the welcoming for the new pastor at the Cypress Church of Christ. Attended the Santa Ana River Flood Protection Agency meeting where expanding the Prado Dam was discussed. ITEMS FROM CITY MANAGER: The City Manager stated he attended the International City Managers Association (ICMA) conference in Philadelphia, Pennsylvania. He stated he knows there are concerns regarding the Los Alamitos Race Track and Golf Course Master Plan, that the project was not an overnight thought, and ultimately, the land development master plan will have to be approved by the voters of the City. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:23 p.m. to Monday, October 28, 2002, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: MAYOR O~_,~'HE CITY OF CYPRESS ~:C_,~I-Y CLEhK OF '¢,J~-IE CITY OF CYPRESS 15 $12