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Minutes 2002-11-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 12, 2002 A regular meeting of the Cypress City Council was called to order at 5:35 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. 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, and City Clerk. The Assistant to the City Manager stated the purpose of the workshop was to discuss the cellular systems in the community, coverage issues, antennas, and proactive measures for consideration for future installations. She stated that there are three kinds of cellular sites: 1. Cell towers, also known as macro cells, which are predominantly along transportation corridors and are 100 to 200 feet in height. 2. Cell antennas, also known as micro cells, which cover a smaller area and are less than 100 feet high. 3. Pico cells, which are small, high capacity sites primarily used indoors. The Assistant to the City Manager stated she has heard from staff and Council about problems receiving calls. She stated that dropped calls occur from signal interference or when a cell site reaches its capacity. She stated digital cellular configurations can vary up to five different methods and each may not be compatible with one another. The areas without cellular antennas are the central locations in Cypress, which may be why the City does not have very good cellular coverage. She stated that three of the major vendors rated their coverage of Cypress as fair to good. Installation of six additional antennas is planned in the City. The Assistant to the City Manager described the various cellular antennas currently in the City of Cypress. She also discussed options to expand the City's current code regarding wireless communication facilities. Council Member Piercy asked about finding existing locations, such as light standards, in residential neighborhoods for areas where coverage is poor. Mayor Sondhi asked if an antenna will provide more reach of coverage if it is mounted higher. The Assistant to the City Manager stated that this is generally true. 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 02CC11786, Orange County Superior Court - Central Justice Center, and Cottonwood Christian Center v. Redevelopment Agency of the City of CITY COUNCIL MINUTES NOVEM.E.2 Cypress, Case NumberSA02-60, 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 6:07 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 7:04 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, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Keenan. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Resolution recognizing the Kobel Family as the 2002 Cypress Family of the Year. The Council meeting was recessed at 7:17 p.m. The Council meeting was reconvened at 7:27 p.m. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that a presentation was made regarding cell tower facilities in the community and insufficiencies in service. A discussion was held on development of greater cell phone coverage in the community. Staff was given direction by the City Council to pursue all of the recommendations made by staff and to keep the Council aware of the progress. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. CiTY COUNCIL MINUTES NOVEMBER 12, 2002 323 The City Attorney reported that the 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 02CCl 1786, Orange County Superior Court - Central Justice Center, was not held. The City Attorney reported that the City Council met in a Joint Closed Session with the Redevelopment Agency 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 Number SA02-149, United States District Court - Central District of California. The City Attorney stated the parties continue to negotiate a detailed settlement agreement. The terms and conditions of the latest iteration of the agreement were reviewed in detail. 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 Director of Community Development began briefing the Agency on the terms and conditions of a purchase and sale agreement by and between Cottonwood Christian Center and the Cypress Redevelopment Agency. Because of the shortness of time and the Family of the Year reception, the Closed Session has not concluded and will resume at the conclusion of the regular Council meeting. Mayor/Agency Chair Sondhi did not participate in the Closed Session due to her ownership of property in proximity to 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. Mary Crowder, Cypress, spoke regarding her concerns of using wood chips in sandboxes in the parks. Council Member McGill spoke regarding an editorial by Steven Greenhut in the Orange County Register regarding property rights. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2002-15, A REQUEST TO SUBDIVIDE ONE PARCEL INTO TWELVE (12) PARCELS AND CONSTRUCT TWELVE (12) SINGLE-FAMILY HOMES ON THE PROPERTY LOCATED AT 9731 WALKER STREET. The Associate Planner provided background information on this item. Mayor Sondhi asked about the decorative lighting that will be at the back and front of the homes. CITY COUNCIL MINUTES NOVEMBER 12, 2002 324 The Associate Planner stated the lights are intended to remain on all night and will replace the typical street lights. The cost of these lights will be paid by the homeowners. The public hearing was opened. The applicant, Klm Prijatal, Vice President of Development, The Olson Company, stated this is their third project in the City of Cypress, and the proposed project exceeds staff requirements. Ms. Prijatal stated that, in regards to the concerns addressed in a letter received by the City, one of the back windows can be deleted and the other window in the stairway can be obscured glass. The loft window must remain for ventilation and lighting. She stated any damages that may be done to existing properties will be paid for by The OIson Company. They will also plant trees as requested to provide for privacy. 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. Council Member Keenan asked about the potential density for this particular piece of land. The Assistant Community Development Director stated the proposed twelve units is the maximum density. The public hearing was closed. It was moved by Council Member McGill and seconded by Council Member Keenan, to adopt the Resolutions approving Conditional Use Permit No. 2002-15 - With Conditions, and approving Vesting Tentative Tract Map No. 16439 - With Conditions, as amended. 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. 5620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2002-15- WITH CONDITIONS. RESOLUTION NO. 5621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING VESTING TENTATIVE TRACT MAP NO. 16439 - WITH CONDITIONS. Mrs. Meekhof, Cypress, gave a brief history of the Singing Hen Egg Ranch, which is currently at the project site. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Council Member Keenan requested Item No. 9 be pulled from the Consent Calendar. 4 CITY COUNCIL MINUTES NOVEMBER 12, 2002 $25 It was moved by Mayor Pro Tem McCoy and seconded by Council Member Keenan, to approve Consent Calendar Items No. 2 through 8. 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 Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 28, 2002. Recommendation: That the City Council approve the Minutes of the Meeting of October 28, 2002, as submitted. Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: ADOPTION OF RESOLUTION RECOGNIZING THE KOBEL FAMILY AS THE 2002 CYPRESS FAMILY OF THE YEAR. Recommendation: That the City Council adopt the Resolution by title only, recognizing the Kobel Family as the 2002 Family of the Year. RESOLUTION NO. 5622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE KOBEL FAMILY AS THE 2002 CYPRESS FAMILY OF THE YEAR. Item No. 5: REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF LONG BEACH. Recommendation: That the City Council authorize the inclusion of the City of Cypress in an Amicus Brief in support of the City of Long Beach in the case entitled CityofLong Beach v. State of California Department of Industrial Relations, Second District Court of Appeal, Case No. B159333. Item No. 6: REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF MORGAN HILL. Recommendation: That the City Council authorize the inclusion of the City of Cypress in an Amicus Brief in support of the City of Morgan Hill in the case entitled San Jose Christian College v. City of Morgan Hill, Ninth Circuit Court of Appeals, Case No. 02- 15693. Item No. 7: AWARD OF CONTRACT FOR REPLACEMENT OF THE S-1 AND S-5 HVAC UNITS AT CITY HALL, PUBLIC WORKS PROJECT NO. 2002-22. Recommendation: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2002-22 to be Allison Mechanical, 24747 Redlands Blvd., Unit C, Loma Linda, CA 92354; and 2) Award a contract for Replacement of the S-1 and S-5 HVAC Units at City Hall, in the amount of $158,177, to Allison Mechanical; and 3) Authorize $15,618 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 56565 THROUGH 56806. Recommendation: Approve the attached warrant register. CiTY COUNCIL MINUTES RECREATION & PARK DISTRICT MA TTERS: NOVEMBER 12, 2002~6 Reqardinq Item No. 9: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE SUPPLY AND INSTALLATION OF PLAY EQUIPMENT AND PROTECTIVE SURFACING IN VARIOUS CITY PARKS, PUBLIC WORKS PROJECT NO. 2002-36, Council Member Keenan asked staff to discuss how the parks will be brought into ADA compliance. The Recreation and Community Services Director stated the City received an audit report in November 2000 outlining deficiencies due to changes in the California playground safety regulations. The City then budgeted funds for a comprehensive replacement program. She stated the plans and specifications and play equipment on the agenda are for Peppertree, Darryl Essex (tot lot), Maple Grove South and Manzanita Parks. The project includes playground equipment and new surfacing. The surfacing includes rubberized surfacing for ADA access points and handicapped accessible engineered wood chips. The Recreation and Community Services Director stated that most of the parks have sand or sand with some rubberized surfacing. After discussions with staff, other cities, and the manufacturers, staff is proposing to change from sand and rubberized surfacing to a combination of rubberized and wood chips. The compaction of the sand is significant and requires rototilling maintenance to keep it in a safe condition. She stated using the rubberized surface alone is very costly. Mayor Pro Tern McCoy stated he shares the concern of children putting the wood chips in their mouth and asked what other cities have used the wood chips. The Recreation and Community Services Director stated the cities of Anaheim, Yorba Linda, Brea, and Placentia are using wood chips and most cities are converting to the wood chips. She stated the wood chips are not the same as the ones used in gardens. Mayor Pro Tem McCoy stated he would prefer the City continue to use sand rather than the wood chips. It was moved by Council Member Piercy and seconded by Council Member Keenan, that the City Council, acting as ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the design specifications for the supply and installation of play equipment and protective surfacing in various city parks; and 2) Authorize staff to solicit bids for the project. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: NOES: 2 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Keenan, McGill and Piercy McCoy and Sondhi None END OF CONSENT CALENDAR UNFINISHED BUSINESS Noitems. NEW BUSINESS Noitems. RECREATION & PARK DISTRICT MATTERS: ~e Ex Officio Govem~g Boa~ of Direc~. Noitems. The Cypress City Council, Acting as CITY COUNCIL MINUTES NOVEMBER 12, 20~22 7 CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Cypress City Council, Noitems. ORAL COMMUNICATIONS: ForMatters 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 several meetings for the C.C. Transportation Authority where the abandonment of the P.E. Railroad right-of-way and removal of the railroad tracks was discussed. Attended a Southern California Association of Governments where a presentation was made on Maglev routes. Mayor Pro Tem McCoy: Served as an escort for the Cypress Women's Club fashion show. Thanked the Cypress residents for their vote of confidence in electing him to serve four more years on the City Council. Mayor Sondhi: Attended the Women's Club fashion show. Aisc thanked the Cypress residents for their vote of confidence for voting her in for another four years. Stated she is looking forward to serving the Cypress community. Council Member Piercy: Attended an C.C. Sanitation District meeting. Attended a production of the Southeast Civic Light Opera at the Joint Forces Training Base in Los Alamitos. Council Member McGill: Participated in the Long Beach Veteran's Day Parade. Attended several D.A.R.E. luncheons. Thanked the citizens of Cypress for voting and participating in the democratic process. ITEMS FROM CITY MANAGER: The City Manager stated that over the last several months, people have been saying that the Council has been ignoring some of the issues relative to Cypress Acres. He stated that fifteen years ago Cypress Acres was incorporated into the Cypress community after requests by the residents of that area. The City entered into an agreement with the County that said the County would provide, through its redevelopment program, funds to provide for the needed infrastructure improvements. These funds were lost in the Orange County bankruptcy. Recently, the City Council has pledged money to leverage with funds from the County to fund the Phase 3 improvements. He stated that staff is currently working on a fact sheet, which will be delivered to every member of the Cypress Acres project area. The City Manager stated the City adopted a moratorium for the Los Alamitos Race Track masterplan area to allow the City to take a look at the long-term implications of the project. As a part of the requirement to eliminate the moratorium, which expired at the end of October, the City was required to put together a masterplan. The masterplan CITY COUNCIL MINUTES NOVEMBER 12, 200~ ,~~. ["J-- was completed by seeking the input from former council members and property owners, and an independent consultant was hired. He feels the conceptual masterplan provides an excellent balance between commercial, retail, public, open space, and residential. He stated this will be a lengthy process and input from the community will be sought. Any changes in land use will be up to the citizens of Cypress. The Council meeting was recessed at 8:53 p.m. to Closed Session. The Council meeting was reconvened at 9:30 p.m. The City Attorney reported the Council/Agency completed their Closed Session by reviewing the terms and conditions of the proposed settlement agreement in Case No. SA02-60, and the terms and conditions of a written purchase and sales agreement for the acquisition by the Redevelopment Agency of the property at the corner of Walker and Katella, presently owned by Cottonwood Christian Center. The Assistant Agency Executive Director reviewed with the Agency Board the remaining issues to be resolved prior to seeking board approval of the purchase and sale agreement. Beyond completing the Closed Session, no action was taken by the Council or the Agency, nor was any solicited. Mayor/Agency Chair Sondhi did not participate in the completion of the Closed Session. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:33 p.m. to Monday, November 18, 2002, beginning at 5:00 p.m. in the Executive Board Room. MAYOR F(~HE CITY OF CYPRESS ATTEST: fC~TY CLERK OF ,.~E CITY OF CYPRESS 8