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Minutes 2003-07-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 28, 2003 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor McCoy in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council Members McGill, Sondhi, Mayor Pro Tem Keenan Council Member Piercy, Mayor McCoy 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 Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: Richard Storey and William W. Wynder, Employee Groups: Executive Management, Cypress Employees Association. 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., Orange County Superior Court, Case Number 00CC15234. 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. At 5:34 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 7:05 p.m. by Mayor Pro Tem Keenan. PRESENT: Council/Agency Board Members McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Keenan ABSENT: Council/Agency Board Member Piercy, Mayor/Agency Chair McCoy STAFF PRESENT: City Manager, City Attorney, Director of Finance and Administrative Services, Community Development Director, Acting 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: The Mayor Pro Tem presented Certificates of Appreciation to outgoing commissioners on the Cable Television Commission, Recreation and Community Services Commission, Senior Citizens Commission, and Traffic Commission. CITY COUNCIL MINUTES JULY 28, 2003 ,;85 REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor Pro Tem asked for the repod of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council met regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: Richard Storey and William W. Wynder, Employee Groups: Executive Management, Cypress Employees Association. A briefing on the status of these negotiations was provided to the Council and no action was taken. The City Attorney reported that the City Council met regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Quitmeyer v. City of Cypress, et al., Orange County Superior Court, Case Number 00CC15234. The City Attorney and Chief of Police provided a confidential status report regarding this litigation. A Mandatory Settlement Conference is scheduled at the end of the week that the City is required to participate in good faith. The City Council unanimously authorized the City to engage in such good faith negotiations. The City Attorney reported that the City Council met regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. The City Attorney discussed with the City Council the facts and circumstances, which could give rise to litigation in one case. 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 Pro Tem Keenan asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. None. The Redevelopment Agency was recessed at 7:17 p.m. 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. 2003-07 AND VARIANCE NO. 2003-04, A REQUEST TO CONSTRUCT FOURTEEN (14) DETACHED CONDOMINIUM UNITS, INCLUDING A VARIANCE TO ALLOW A REDUCTION IN THE REQUIRED NUMBER OF OPEN PARKING SPACES AND A DECREASE IN THE REQUIRED LANDSCAPED OPEN AREA FOR THE PROPERTY LOCATED AT 5732 LINCOLN AVENUE WITHIN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. The public hearing was opened. Chris Ketz, Planning Consultant for the project, asked that the variance request be withdrawn for the decreased landscaping. She stated that developing the property for commercial use would result in a long narrow building with parking on one side or parking in the front with the building in the back. The proposed residential design is the best site use that could be accomplished with this difficult lot. Nasser Moghadam, Project Architect, stated that he appreciated City staff assistance on the project. He stated that in order to comply with staff concerns, the entrance has been offset, there is a 10 foot setback from the Lincoln frontage with fencing and landscaping, the units have been staggered on the site and each unit has individual CITY COUNCIL MINUTES JULY 28, 200886 landscaping, a turn area for the fire department has been included, and additional parking has been added. Pat Brown, Planning Consultant for the project, stated that the project provides nice housing for the community, and meets the needs of the community and home buyers. Cary Hairabedian, real estate agent, stated that he represented the owner in the sale and purchase of the property and that at that time, there was never any mention of any zoning changes. He stated that he has approached the neighboring properties and they are not interested in selling. Mayor Pro Tem Keenan asked if there was anyone who wished to speak in favor of the item. Randy Flores, Cypress, spoke in favor of the project. Harry Tatarian, Cypress, spoke in favor of the project. Mayor Pro Tem Keenan asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member McGill asked for clarification from staff on the issues of parking and landscaping, specifically turf block. The Assistant Community Development Director stated that turf block is an industry term that refers to a structural element that is put in the ground that has structural rigidity that allows heavy vehicles to drive on it but landscaping can grow through. The Assistant Community Development Director stated that the parking standard for detached condominiums that was approved by City Council was tied to a number of developments in the last two years, which resembled single-family residences but are condominiums. Council Member McGill stated his concerns related to the parking and lot size for the project. Council Member Sondhi stated that there is the challenge to provide housing for the community and also to provide the best land use for a particular site. She stated that she is also concerned with parking at the project. Mayor Pro Tem Keenan asked if all of the pamels surrounding the project are in the redevelopment project area, specifically the Post Office. The Community Development Director stated the Post Office is in the redevelopment project area and the parcel to the west is not in the project area. He stated the General Plan, the Lincoln Avenue Specific Plan, and Affordable Housing Strategy encourage the development of housing and the Council has approved projects that meet with current development standards, which this project does not. It was moved by Council Member McGill and seconded by Council Member Sondhi, to adopt the Resolutions, by titles only, denying without prejudice Conditional Use Permit No. 2003-07 for the Construction of 14 Detached Residential Units at 5732 Lincoln Avenue, and denying without prejudice Variance No. 2003-04 for a Reduction in the Number of Parking Spaces and Landscaped Open Area for a Fourteen (14) Unit Detached Condominium Project Located at 5732 Lincoln Avenue in the City of Cypress. 3 CITY COUNCIL MINUTES JULY 28, 2003~;,~ 8 7 The motion was unanimously carried by the following roll call vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCIL MEMBERS: McGill, Sondhi, and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy and McCoy RESOLUTION NO. 5679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT NO. 2003-07 FOR THE CONSTRUCTION OF 14 DETACHED RESIDENTIAL UNITS AT 5732 LINCOLN AVENUE. RESOLUTION NO. 5680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING WITHOUT PREJUDICE VARIANCE NO. 2003-04 FOR A REDUCTION IN THE NUMBER OF PARKING SPACES AND LANDSCAPED OPEN AREA FOR A FOURTEEN (14) UNIT DETACHED CONDOMINIUM PROJECT LOCATED AT 5732 LINCOLN AVENUE IN THE CITY OF CYPRESS. Item No. 2: PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAl YEAR 2003-04, CITY OF CYPRESS PROJECT NO. 8615-90. The Public Works Director provided background information on this item. The public hearing was opened. Mayor Pro Tem Keenan asked if there was anyone who wished to speak in favor of the item. Mayor Pro Tem Keenan asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Sondhi and seconded by Council Member McGill, to adopt the Resolution by title only, Ordering the Renewal of the Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2003-04, Pursuant to the Landscaping and Lighting Act of 1972, and Confirming the Diagram and Assessment Thereof. The motion was unanimously carried by the following roll call vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCIL MEMBERS: McGill, Sondhi, and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy and McCoy RESOLUTION NO. 5681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2003-04, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. 4 CITY COUNCIL MINUTES JULY 28, 2003 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 McGill requested Item No. 13 be pulled from the Consent Calendar. Council Member Sondhi requested Item Nos. 10 and 12 be pulled from the Consent Calendar. It was moved by Council Member Sondhi and seconded by Council Member McGill, to approve Consent Calendar Items No. 3 through 9, 11, and 14 through 19. The motion was unanimously carried by the following roll call vote: AYES: 3 OOUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 2 COUNCILMEMBERS: Item No. 3: McGill, Sondhi and Keenan None Piemy and McCoy APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 14, 2003. Recommendation: That the City Council approve the Minutes of the Meeting of July 14, 2003, as submitted. Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: A REQUEST FOR A ONE-YEAR EXTENSION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-04 TO ALLOW THE CONSTRUCTION OF A PREVIOUSLY APPROVED SECOND WATER WELL WITHIN AN EXISTING WELL FACILITY. Recommendation: That the City Council adopt the Resolution by title only, extending Design Review Committee Permit No. 2002-04, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 5682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A ONE-YEAR TIME EXTENSION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-04 - WITH CONDITIONS. Item No. 6: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR EXECUTIVE MANAGEMENT POSITIONS, MID-MANAGEMENT POSITIONS, AND THE CLASSIFICATIONS OF MANAGEMENT ASSISTANT, PERSONNEL ANALYST, PERSONNEL TECHNICIAN, AND SECRETARY TO THE CITY MANAGER. Recommendation: That the City Council adopt the Resolutions by title only, establishing salary ranges and benefits for executive management positions, mid- management positions, and compensation for the classifications of Management Assistant, Personnel Analyst, Personnel Technician, and Secretary to the City Manager. CITY COUNCIL MINUTES JULY 28, 2003 RESOLUTION NO. 5690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, RESCINDING RESOLUTION NO. 5258 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 5683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, RESCINDING RESOLUTION NO. 5259 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR MID-MANAGEMENT POSITIONS. RESOLUTION NO. 5684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 5260 AND ESTABLISHING COMPENSATION FOR THE CLASSIFICATIONS OF MANAGEMENT ASSISTANT, PERSONNEL ANALYST, PERSONNEL TECHNICIAN, AND SECRETARY TO THE CITY MANAGER. Item No. 7: ADOPTION OF RESOLUTION AMENDING BENEFITS FOR MANAGEMENTEMPLOYEES. Recommendation: That the City Council adopt the Resolution by title only, amending benefits for Management employees. RESOLUTION NO. 5685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 5131, ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES. Item No. 8: ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2003 THROUGH JUNE 30, 2005. Recommendation: That the City Council adopt the Resolution by title only, concerning wages, salaries, fringe benefits and conditions of employment for the Cypress Police Management Association. RESOLUTION NO. 5686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. CITY COUNCIL MINUTES JULY 28, 200,~ 9 0 Item No. 9: ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE SUPERVISORS' ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2003 THROUGH JUNE 30, 2006. Recommendation: That the City Council adopt the Resolution by title only, concerning wages, salaries, fringe benefits and conditions of employment for the Cypress Maintenance Supervisors' Association. RESOLUTION NO. 5687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE SUPERVISORS' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No. 11: SUPPORT FOR SB 20 RELATED TO HAZARDOUS ELECTRONIC WASTE RECYCLING PROGRAMS. Recommendation: That the City Council support SB 20 (Sher) to establish a program for manufacturers to share responsibility for the collection and recycling of hazardous electronic waste, and authorize the Mayor to sign a letter of support and forward to appropriate legislators. Item No. 14: APPROVAL OF CONTRACT WITH LORICK ASSOCIATER CONSULTING FOR IMPLEMENTING THE MAINTENANCE OPERATIONS FINAl REPORT. Recommendation: That the City Council approve a contract for implementing the Maintenance Operations Final Report with Lorick Associates Consulting, 1209 Manhattan Avenue, Suite 310, Manhattan Beach, California 90266, in the amount of $50,39O. Item No. 15: ADOPTION OF RESOLUTION FOR APPROVAL OF REQUEST BY THF SOUTHERN CALIFORNIA WATER COMPANY FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2001-09 AND VARIANCE NO. 2001-03, FOR THF CONSTRUCTION OF A TWO MILLION GALLON WATER RESERVOIR, PUMP HOUSEI AND WATER TRANSMISSION LINE ON THE PROPERTY LOCATED AT 4651 CRESCENT AVENUE IN THE PS PUBLIC & SEMI-PUBLIC ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving the extension of Conditional Use Permit No. 2001-09 and Variance No. 2001-03 (until July 22, 2004), subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 5689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A ONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2001-09 AND VARIANCE NO. 2001-03 - WITH CONDITIONS. Item No. 16: ACCEPTANCE OF CONSTRUCTION OF SKATE PARK AT VETERANS PARK, PUBLIC WORKS PROJECT NO. 2002-35. Recommendation: That the City Council: 1) Accept the Construction of Skate Park at Veterans Park, Public Works Project No. 2002-35, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $123,840.53; and 2) Approve the final retention payment of $12,384.05 to Seashore Construction Inc., 1930 Old Tustin Avenue, Santa Ana, California 92705-7811; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 7 CITY COUNCIL MINUTES JULY 28, 2003 Item No. 17: ACCEPTANCE OF FINAL TRACT MAP NO. 16376. PROPERTY LOCATED AT THE NORTHWEST CORNER OF BALL ROAD AND HOLDER STREET. Recommendation: That the City Council approve Final Tract Map No. 16376 and authorize the City Clerk to sign the record map. Item No. 18: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2003. Recommendation: Receive and file. Item No. 19: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 60154 THROUGH 60373. Recommendation: Approve the attached warrant register. Reqarding Item No. 10: ADOPTION OF RESOLUTION ESTABLISHING COMPENSATION AND AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN ESTABLISHING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF RECREATION AND COMMUNITY SERVICES SUPERINTENDENT, Council Member Sondhi asked if the position is for open recruitment or for current and existing staff. The City Manager stated it will be an open recruitment. It was moved by Council Member Sondhi and seconded by Council Member McGill, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing compensation for the classification of Recreation and Community Services Superintendent in the City's Classification Plan. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 2 COUNCILMEMBERS: McGill, Sondhi and Keenan None Piercy and McCoy RESOLUTION NO. 5688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF RECREATION AND COMMUNITY SERVICES SUPERINTENDENT IN THE CITY'S CLASSIFICATION PLAN. Regarding Item No. 13: RETENTION OF PROFESSIONAL CIVIL ENGINEERING SERVICES FOR DESIGN OF CYPRESS ACRES, PHASE 4 STREET AND STORM DRAIN IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2003-09, Council Member McGill asked the City Manager to provide some details about the project. The City Manager stated the improvements for Cypress Acres were initially to be completed by the County of Orange. The City is moving forward in a multiple phase attempt to improve the area. The Public Works Director stated that Cypress Acres is a County area west of Moody, north of Lincoln, and south of Crescent. Each phase represents a quadrant of this area. Phase 1 and Phase 2 were completed several years ago, which included the improvement of curbs, gutters, sidewalks, street paving, and drainage. Currently Phase 3 is moving forward with the project ready to go out to bid for construction. The bids will be opened in September and construction should start in the fall. Phase 3 will include 8 CITY COUNCIL MINUTES JULY 28,2003 ;92 all of the same improvements except for sidewalks. Phase 4 is for engineering services for the design of that project, which is similar to Phase 3. The funding for the engineering work of Phase 4 is coming from a Community Development Block Grant administered by the County. Currently there is no money identified for the construction of Phase 4, but staff is hopeful of making an application for additional funding from the next CDBG projects. The Public Works Director stated the sidewalks for Phase 3 and 4 require an extended period of time to acquire the right-of-way for the additional area that is needed for the sidewalks behind the curb and gutter. Each individual property owner must be negotiated with to acquire the property, which is a time consuming process. Council Member Sondhi asked about strategies the City could take regarding children's safety in crossing the street without sidewalks and where the crossing guard is located for King School. The Acting Chief of Police stated that he was not aware of any issues concerning safety at the school and that staff and the contractor providing crossing guard services are open to looking at the issue more comprehensively. The City Manager stated that staff would make an assessment before school starts of existing conditions, incidents, and creative ways that would provide assistance for students crossing. It was moved by Council Member McGill and seconded by Council Member Sondhi, that the City Council: 1) Increase estimated revenue in Account No. 3572-15 for receipt of Fiscal Year 2003-04 Community Development Block Grant (CDBG) funds, in the amount of $155,000, for design of Cypress Acres Phase 4 Street and Storm Drain Improvements; and 2) Appropriate $155,000 from the Capital Improvement Program unreserved fund balance to Account No. 4189-15-854-21 for Cypress Acres Phase 4 project; and 3) Award a professional civil engineering services contract for preparation of plans, specifications, and estimate for Cypress Acres Phase 4 Street and Storm Drain Improvements to RBF Consulting, 14725 Alton Parkway, Irvine, California 92618- 2027, for an amount not to exceed $111,490; and 4) Authorize $16,700 (15% of Bid Amount) as contingency to be used for design contingency and unforeseen work. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 2 COUNCILMEMBERS: McGill, Sondhi and Keenan None Piercy and McCoy Reqardin.q Item No. 12: AWARD OF CONTRACT FOR CROSSING GUARD SERVICES, Council Member Sondhi stated that her questions were answered during Item No. 13. It was moved by Council Member Sondhi and seconded by Council Member McGill, that the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since All City Management Services is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 S. La Cienega Blvd., Los Angeles, California 90035, for an amount not to exceed $144,468 per year. END OF CONSENT CALENDAR CITY COUNCIL MINUTES JULY 28, 2003 ORDINANCES: (SECOND READING) Item No. 20: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2003- 05, a PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX I - ZONING, SUBSECTIONS 35.183.D AND E, MODIFYING THE PROVISIONS FOR THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS. It was moved by Council Member McGill and seconded by Council Member Sondhi, that the City Council adopt the Ordinance by title only, amending the Cypress City Code, Appendix I - Zoning, Sections 35.183D and E, Relating to Periodic Reviews of Development Agreements. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: McGill, Sondhi and Keenan 0 COUNCILMEMBERS: None 2 COUNCILMEMBERS: Piercy and McCoy ORDINANCE NO. 1043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS CITY CODE, APPENDIX I - ZONING, SECTIONS 35.183D AND E, RELATING TO PERIODIC REVIEWS OF DEVELOPMENT AGREEMENTS. UNFINISHED BUSINESS No items. NEW BUSINESS No items. 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 8:40 p.m. CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Cypress City Council, The Redevelopment Agency was reconvened at 8:40 p.m. PRESENT: Agency Board Members McGill, Sondhi and Agency Vice Chairperson Keenan ABSENT: Agency Board Member Piercy and Agency Chairperson McCoy New Business: Item No. 21: APPROVAL OF PURCHASE AND SALE AGREEMENT FOR THF PROPERTY LOCATED AT 6122 LINCOLN AVENUE. The Deputy Executive Director provided background information on this item. Agency Board Member Sondhi asked if everything built on the site would be affordable units. The Deputy Executive Director stated the use of the Low and Moderate Income Housing funds would require that a portion of the development include affordability 10 CITY COUNCIL MINUTES JULY 28, 20~.~ 9 4 components. The Agency could choose to not develop an affordable housing project, but just a market rate housing project, and then reimburse the Affordable Housing fund. Agency Board Member McGill asked about the Request for Proposal for the development and the different sources who may respond. The Deputy Executive Director stated that all options would be determined by the Agency, including partnering with a non-profit agency or for sale housing. Agency Vice Chair Keenan asked if a mixed use would qualify, with a retail component and housing component, and could the Agency wait to develop the property until other parcels become available. The Deputy Executive Director stated that a mixed use is permitted and that pumhasing the property will keep the options open for the Agency. It was moved by Agency Board Member McGill and seconded by Agency Board Member Sondhi, that the Cypress Redevelopment Agency: 1) Approve the Purchase and Sale Agreement with Answer Network-Cypress, Inc. for the Agency's acquisition of the approximately one (1) acre parcel located at 6122 Lincoln Avenue; and 2) Approve an appropriation from the unreserved fund balance of the Agency's Low and Moderate Income Housing Fund in the amount of $1,270,000 to the following account number: 4176-36-196-06. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 AGENCY MEMBERS: McGill, Sondhi and Keenan 0 AGENCY MEMBERS: None 2 AGENCY MEMBERS: Piercyand McCoy The City Council reconvened at 8:48 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Steve St. Clair, Cypress, spoke regarding the mission statement of the Cypress Interfaith Council as it relates to affordable housing, and complimented the City Council for their proactive approach to purchasing available property for redevelopment. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McCoy requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended a League of California Cities conference in Monterey. Attended the Mayor's Breakfast and the Cypress Community Festival. Attended an O.C. Fire Authority Board meeting where various pieces of equipment were on display. Commended Mayor Pro Tem Keenan on his work on the Centerline project for the O.C. Transportation Authority. Council Member Sondhi: Attended a Housing and Community Development Project Advisory Committee meeting where possible affordable housing funding availability was discussed. Attended the Mayor's Breakfast and the Cypress Community Festival, and as part of the City's birthday celebration, read a "Happy Birthday Cypress" book by Dr. Seuss to children. Attended a Housing and Community Development Commission meeting where year end reports were provided. 11 CITY COUNCIL MINUTES JULY 28, 2003 Mayor Pro Tem Keenan: Attended a League of California Cities conference in Monterey. Attended an O.C. Transportation Authority Board meeting where the plan to refinance OCTA debt was approved. Attended an O.C. Sanitation District meeting for Council Member Piercy. Commended staff and volunteers for their hard work at the Cypress Community Festival. Stated he plans on attending the O.C. Council of Governments General Assembly meeting and would be happy to be the voting delegate on behalf of the City Council. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT OF AGENCY AND COUNCIL: Mayor Pro Tern Keenan adjourned the meeting at 9:03 p.m, to Monday, August 11, 2003, beginning at 5:30 p.m. in the Executive Board Room, ~~--~ - ESS MAYOR OF THE CITY OF ~I~:EI ATTEST: ~'Y CLERI~ OF -I~HE~ITY OF CYPRESS 12