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Minutes 2003-05-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 12, 2003 A regular meeting of the Cypress City Council was called to order at 5:07 p.m. by Mayor McCoy in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members McGill, Piercy (arrived at 5:25 p.m.), Sondhi, Mayor Pro Tem Keenan, Mayor McCoy 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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City Manager, and Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiator: William W. Wynder, Employee: City Manager. At 5:09 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 7:02 p.m. by Mayor McCoy. PRESENT: Council Members McGill, Piemy, Sondhi, Mayor Pro Tem Keenan, Mayor McCoy 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, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Keenan. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: A presentation was made to the City of Cypress by Joan Bardin, Recreation Coordinator and Mary McGhee, Senior Center Volunteer, from the Cypress Senior Center, acknowledging the services and donations of the Senior Center volunteers, totaling $219,268.50 or 13,289 hours of volunteer time. 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 Council met regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Title: City CITY COUNCIL MINUTES MAY 12, 2003 .;34 Manager, and Conference with Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiator: William W. Wynder, Employee: City Manager. The City Council and City Attorney discussed the terms and conditions of the continued employment of the City Manager, which will be presented to the Council on a future agenda. No other action was taken in Closed Session, nor was any solicited. Mayor McCoy stated that he and the Council feel that the City Manager has done an outstanding job in the community and thanked him for a fine year of service. 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. Vicki Griffin, Cypress, spoke regarding wood chips and sandboxes in park playground areas. Larry Civitelli, Cypress, spoke regarding enforcement consolidation at the Los Alamitos Joint Forces Training Base. Steve St. Clair, Cypress, invited the City Council to attend the Cypress Interfaith Council Mayor's Prayer Breakfast on Wednesday, June 4, 2003, at 7:00 a.m. at SeaCoast Grace Church. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council and public to attend the "Mozart Cafe" Cypress Camerata, Madrigal Amici and Soloists Concert performance on Sunday, May 18, 2003, at 6:30 p.m. at the Cypress Community Center Auditorium. She also announced the Cypress Masterworks Chorale concert performance of "Fiddler on the Roof" on Saturday, May 31, 2003, at 7:30 p.m. and Sunday, June 1,2003, at 3:00 p.m., at the Cypress College Campus Theater. 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 AMENDMENT TO CONDITIONAL USF PERMIT NO. 76-11, A REQUEST TO EXPAND THE EXISTING CHURCH OFFICES LOCATED AT 4421 CERRITOS AVENUE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicant, Carl Che, Pastor, Orange County Chinese Christian Church, stated that he had read and accepts the conditions presented by staff. Mayor McCoy asked if there was anyone who wished to speak in favor of the item. Steve St. Clair, Cypress Interfaith Council, spoke in favor of the expansion. Mayor McCoy asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Mayor Pro Tem Keenan and seconded by Council Member McGill, to adopt the Resolution approving an Amendment to Conditional Use Permit No. 76-11 - With Conditions. 2 CITY COUNCIL MINUTES MAY 12, 2003 The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-11 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2003-06, A REQUEST TO CONSTRUCT A TWO-STORY RESIDENTIAL ADDITION WITH TWO (2) BALCONIES FACING THE REAR YARD, LOCATED AT 5602 KAREN AVENUE. The Assistant Community Development Director provided background information on this item. The Assistant Community Development Director stated he would like to change Condition 16 allowing the applicant to place the construction trash container in the street, if the appropriate permit is obtained from the Public Works Department. The public hearing was opened. The applicant, Ronald Nielsen, stated that he had read and accepts the conditions presented by staff, including the change to Condition 16. Mayor McCoy asked if there was anyone who wished to speak in favor of the item. The following spoke in favor of the addition: William Leighton, Anaheim Joseph Morgan, Cypress Mayor McCoy asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Mayor McCoy, to adopt the Resolution approving Conditional Use Permit No. 2003-06 - With Conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2003-06 - WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USF PERMIT NO. 86-1, A REQUEST TO ADD AN OUTDOOR DINING AREA TO THF EXISTING ROUND TABLE PIZZA RESTAURANT LOCATED AT 10101 VALLEY VIEW STREET IN THE CG COMMERCIAL GENERAL ZONE. The Associate Planner provided background information on this item. 436 CITY COUNCIL MINUTES MAY 12, 2003 Council Member Sondhi asked about the formal request for enclosed outdoor seating. The Associate Planner stated the existing outdoor seating was approved as part of the upgrade to the commercial center but was not associated with any particular restaurant. Mayor Pro Tern Keenan asked if the gated area allows them to serve alcohol on the patio area. The Associate Planner stated Alcohol Beverage Control will allow the outdoor sale of beer and wine, but the applicant will have to go before the board and request an amendment to their license. Mayor McCoy stated he was concerned with controlling who will actually be drinking the alcohol in the outside patio area. The public hearing was opened. The architect, Stuart Galloway, Kluger Architects, stated he was representing both the property owner and the owners of the restaurant. Mayor McCoy asked if there was anyone who wished to speak in favor of the item. Mayor McCoy asked if there was anyone who wished to speak against the item. The public hearing was closed. Mayor McCoy asked what type of controls would be in place to prevent someone inside the gated area from passing alcohol to people outside of the gated area. The applicant, Jim Nourani, stated the outside fence will be 32-48 inches high, as required by Alcohol Beverage Control, and that they would control the outside area just as they do inside the restaurant. It was moved by Council Member McGill and seconded by Council Member Piercy, to adopt the Resolution approving Amendment to Conditional Use Permit No. 86-1 - With Conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-1 - WITH CONDITIONS. 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. It was moved by Mayor Pro Tern Keenan and seconded by Council Member Piercy, to approve Consent Calendar Items No. 4 through 12. c,T¥ couNc,, M,NuTEs M^* 7 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 4: 5 COUNCILMEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF APRIL 28 AND MAY 5, 2003. Recommendation: That the City Council approve the Minutes of the Meetings of April 28 and May 5, 2003, as submitted, with Council Member Sondhi abstaining on the April 28, 2003 Minutes due to her absence from the meeting, and Council Member McGill abstaining from the May 5, 2003 Minutes due to his absence from the meeting. Item No. 5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 6: PROCLAIMING THE MONTH OF MAY1 2003, AS "CLEAN AIR MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May, 2003, as "Clean Air Month" in the City of Cypress. Item No. 7: PROCLAIMING THE WEEK OF MAY 18-24, 2003, AS "NATIONAl PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 18-24, 2003, as "National Public Works Week" in the City of Cypress. Item No. 8: PROCLAIMING MAY 31, 2003, AS "NATIONAL DAY OF PRAYER" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 31, 2003, as "National Day of Prayer" in the City of Cypress. Item No. 9: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE USED OIL RECYCLING BLOCK GRANT. Recommendation: That the City Council adopt the Resolution by title only, authorizing submittal of an application to the California Integrated Waste Management Board for the Used Oil Recycling Block Grant for fiscal year 2003-2004, and authorizing the City of Cypress to serve as administering agency of the grant on behalf of the cities of La Palma, Los Alamitos, and Seal Beach. RESOLUTION NO. 5655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR USED OIL RECYCLING BLOCK GRANT. Item No. 10: SUPPORT FOR AB 1135 "ALLISON'S LAW" RELATED TO LIABILITY PROTECTIONS FOR DESIGNATED DRIVERS OF INTOXICATED INDIVIDUALS. Recommendation: That the City Council support AB 1135 (Spitzer) and authorize the Mayor to sign a letter on behalf of the City Council and forward it to the appropriate legislators. CITY COUNCIL MINUTES MAY 12, 200~ Item No. 1 1: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR ASPHALT RENOVATION AT PUBLIC,, FACILITIES, PUBLIC WORKS PROJECT NO. 2002-40. Recommendation: That the City Council: 1) Approve the plans and specifications for Asphalt Renovation at Public Facilities, Public Works Project No. 2002-40; and 2) Authorize City staff to advertise the project for bid. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 59023 THROUGH 59208. Recommendation: Approve the attached warrant register. END OF CONSENT CALENDAR UNFINISHED BUSINESS Noitems. NEW BUSINESS Noitems. RECREATION & PARK DISTRICT MATTER,C;: the Ex Officio Governing Board of Directors. Noitems. The Cypress City Council, Acting as CYPRESS REDEVELOPMENT AGENCY MATTERR: Acting as the Cypress Redevelopment Agency. The Cypress City Council, Noitems. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mary Crowder, Cypress, spoke regarding sandboxes in park playground areas. ITEMS FROM CITY COUNCIL MEMBER,C;: Mayor McCoy requested reports from the Council Members on their respective committee assignments. Council Member McGili: Participated in the Chamber of Commerce golf tournament with Mayor Pro Tem Keenan. Participated in the Fallen Firefighter golf tournament, which benefits the families of firefighters. Attended the Orange County Library Board meeting where the budget shortfall was discussed. Attended the O.C. League of Cities Advocacy Committee meeting where a discussion was held on AB 1221, which would rework the formula for funding of local governments. Mayor Pro Tem Keenan: Attended several O.C. Transportation Authority committee meetings. Attended OCTA Transit Day where the Board of Directors rode a number of routes in central Orange County. Attended a badge pinning ceremony at West Comm. Attended an O.C. League of Cities meeting where the Executive Director of the League of California Cities provided a legislative update. Attended an O.C. Transportation Authority Board meeting where the largest allocation of funding for Measure M for cities was approved and the budget was discussed. 6 CiTY COUNCIL MINUTES MAY 12, 200~3 Mayor McCoy: Attended the Ads Award ceremony at the Community Center. Attended the Business and Health Expo that was sponsored by the Buena Park, La Palma, and Cypress Chambers of Commerce. Attended an Eagle Scout Court of Honor ceremony for David Munn. Council Member Piercy: Discussed the residential rate increase issue by the O.C. Sanitation District. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor McCoy adjourned the meeting at 8:12 p.m. to Tuesday, May 27, 2003, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: ~.~ ~.~~ MAYOR OF THE CITY OF C~I~ESS ~:Y CLERI~ OF ~HF_~Ty O~ CYPRESS 7