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Minutes 2003-04-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 28, 2003 A regular meeting of the Cypress City Council was called to order at 6:02 p.m. by Mayor McCoy in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council Members McGill, Piemy, Mayor Pro Tem Keenan, Mayor McCoy Council Member Sondhi 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 - Existing Litigation, pursuant to Government Code Section 54956.9(a), Marchetti and City of Cypress v. Mapon, Inc., Colen and Lee Claim No. 066-00-00029. At 6:05 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 7:03 p.m. by Mayor McCoy. PRESENT: Council Members McGill, Piemy, Mayor Pro Tem Keenan, Mayor McCoy ABSENT: Council Member Sondhi 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 Piercy. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented certificates of recognition to Sergeant Steven Ramsey, Cypress Police Officers' Association 2002 Officer of the Year; Mary Weuve, Cypress Police Officers' Association 2002 Employee of the Year; and Vincent Wickander, Cypress Police Officers' Association 2002 Citizen of the Year. 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 City Council met in Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Marchetti and City of Cypress v. Mapon, Inc., Colen and Lee Claim No. 066-00-00029. The City Attorney and staff provided a status report and C,T¥ COUNC,, M,NUTES ^PR,, 2o( 2 6 recommendation of settlement authority, and were unanimously authorized by the City Council to pursue that settlement strategy. 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 McCoy asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. None. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. CONSENT CALENDAR: All matters listed on the Agenda under "Consent CalendaY' 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 Piercy requested Item No. 8 be pulled from the Consent Calendar. It was moved by Council Member Piercy and seconded by Mayor Pro Tem Keenan, to approve Consent Calendar Items No. 1 through 7 and 9 through 16. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 1: 4 COUNCILMEMBERS: McGill, Piercy, Keenan and McCoy 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Sondhi APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 14, 2003. Recommendation: That the City Council approve the Minutes of the Meeting of April 14, 2003, as submitted, with Council Member Sondhi abstaining on the Minutes due to her absence from the meeting. Item No. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: PROCLAIMING THE MONTH OF MAY, 2003, AS "MENTAL HEALTH MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2003, as "Mental Health Month" in the City of Cypress. Item No. 4: PROCLAIMING MAY 3, 2003, AS "CHILDREN'S DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 3, 2003, as "Children's Day" in the City of Cypress. 2 CITY COUNCIL MINUTES APRIL 28, 20033 Item No. 5: PROCLAIMING MAY 4-10, 2003, AS "BRAIN TUMOR AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 4-10, 2003, as "Brain Tumor Awareness Week" in the City of Cypress. Item No. 6: PROCLAIMING MAY 11-17, 2003, AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the City Council officially proclaim May 11-17, 2003, as "National Police Week" in the City of Cypress. Item No. 7: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Recommendation: That the City Council adopt the Resolution by title only, authorizing submittal of a funding request to the State of California Department of Conservation, Recycling Division, pursuant to the California Beverage Container Recycling and Litter Reduction Act. RESOLUTION NO. 5649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. Item No. 9: REQUEST FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2002-02, FOR THE INSTALLATION OF FOUR (4) ROOF-MOUNTED ANTENNAS ON THE VERTEX STANDARD BUILDING LOCATED AT 10900 WALKER STREET WITHIN THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving the one-year extension of Conditional Use Permit No. 2002-02 (until March 11, 2004), subject to the conditions attached as Exhibit "A" of the Resolution. RESOLUTION NO. 5651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A ONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2002-02 - WITH CONDITIONS. Item No. 10: APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR 2002-03 RESIDENTIAL STREET SLURRY SEAL, PUBLIC WORKS PROJECT NO. 2003-12. Recommendation: That the City Council: 1) Approve the design specifications for 2002-03 Residential Street Slurry Seal; and 2) Authorize City staff to solicit bids for this project. Item No. 11: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR THE INSTALLATION AND MODIFICATION OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2002-42. Recommendation: That the City Council: 1) Approve the plans and specifications for the Installation and Modification of Traffic Signals at Various Locations, Public Works Project No. 2002-42; and 2) Authorize City staff to advertise the project for bid. 3 CITY COUNCIL MINUTES APRIL 28, 2003 Item No. 12:2003-2004 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY FINDING. Recommendation: That the City Council make the finding that the 2003-2004 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c). Item No. 13: ADOPTION OF THE 2003-2010 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2003-2010. Item No. 14: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF PUBLIC WORKS SUPERINTENDENT. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the revised class specification for the regular full-time position of Public Works Superintendent. Item No. 15: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2003. Recommendation: Receive and file. Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 58785 THROUGH 59022. Recommendation: Approve the attached warrant register. Re.qardinq Item No. 8: REQUEST FOR A THREE-MONTH EXTENSION OF THE MILESTONE DEADLINES FOR CONDITIONAL USE PERMIT NO. 99-1, ALLOWING THE CONSTRUCTION OF A SECOND AUTOMOTIVE REPAIR BUILDING LOCATED AT 5640 LINCOLN AVENUE, Council Member Piercy asked if the revised milestone deadline of March 28, 2003 should actually be March 28, 2004. The Assistant Community Development Director stated the date should be March 28, 2004. It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, to adopt the Resolution by title only, approving the extension of Conditional Use Permit No. 99-1, subject to the revised Condition 47 attached at Exhibit "A" of the Resolution, as amended. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGill, Piercy, Keenan and McCoy 0 COUNCILMEMBERS: None 1 COUNClLMEMBERS: Sondhi RESOLUTION NO, 5650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A NINETY (90) DAY EXTENSION TO THE PROJECT PHASING OF CONDITIONAL USE PERMIT NO. 99-1 - WITH CONDITIONS. END OF CONSENT CALENDAR 4 CITY COUNCIL MINUTES APRIL 28, ~9 ORDINANCES: Item No. 17: SECOND READING OF AN ORDINANCE AMENDMENT, AMENDING SECTIONS 17-69 AND 17-70 AND ADDING SECTION 17-71 OF THE CYPRESS MUNICIPAL CODE, RELATING TO SKATEBOARDING IN DESIGNATED AREAS. It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, to adopt the Ordinance by title only, amending Sections 17-69 and 17-70 and Adding Section 17-71 of the Cypress Municipal Code Relating to Skateboarding in Designated Areas. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGilI, Piercy, Keenan and McCoy 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Sondhi ORDINANCE NO. 1041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 17-69 AND 17-70 AND ADDING SECTION 17-71 OF THE CYPRESS CITY CODE RELATING TO SKATE FACILITY. UNFINISHED BUSINESS No items. NEW BUSINESS No items. RECREATION & PARK DISTRICT MATTERR: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Allen Crowder, Cypress, spoke regarding the new playground equipment at Peppertree Park and enforcement concerns related to the Veterans' Park Skate Plaza. ITEMS FROM CITY COUNCIL MEMBER~: Mayor McCoy requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended the West O.C. Cities Association meeting in Los Alamitos where the intrusion of salt water into the groundwater system and rapid transit systems within Orange County were discussed. Attended the O.C. Legislators breakfast where the State budget was discussed. Attended the Vietnam War Memorial dedication in Westminster. CITY COUNCIL MINUTES APRIL 28, 2003 Council Member Piercy: Attended an O.C. Sanitation District Board of Directors meeting where the asset management program was discussed. Attended the Arts Celebration at the Community Center. Mayor Pro Tem Keenan: Attended an O.C. Council of Governments meeting where a presentation was made on the proposed tunnel between Orange County and Riverside County. Attended an O.C. Transportation Authority Board meeting where Centerline was discussed and the 91 Toll Road Express Lanes Advisory Board recommendation was approved to allow 3+ to ride free. Mayor McCoy: Attended the quarterly meeting with Supervisor Silva. Met with Senator Dianne Feinstein, along with several other Orange County Mayors, regarding homeland security and other issues. Discussion Regarding Leave Our Community Assets Local (LOCAL) Legislative Breakfast (Requested by Council Member McGill) Council Member McGill stated the LOCAL organization has initiated having breakfast with local legislators, which provides one more way to keep in contact with the Assemblyman and State Senators in Orange County. He stated Assemblyman Tom Harman is the only legislator not being hosted at this time and he suggested working in conjunction with the cities of Los Alamitos and La Palina to host a continental breakfast. It was the consensus of the City Council to host a legislative breakfast. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor McCoy adjourned the meeting at 7:38 p.m. to Monday, May 5, 2003, beginning at 5:00 p.m. in the Executive Board Room. MAYOR OF THE CITY OF ~RESS ATTEST: ~V)~'Y CLERI~ OF THE~ITY oF C~PRESS- 6