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Minutes 2003-08-258 MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 25, 2003 A regular meeting of the Cypress City Council was called to order at 5:34 p.m. by Mayor Pro Tem Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council/Agency Board Members McGill, Piercy, Sondhi, Mayor Pro Tem/Agency Vice Chair Keenan Mayor/Agency Chair McCoy STAFF PRESENT: City Manager, City Attorney, Director of Finance and Administrative Services, Community Development Director, Acting Chief of Police, Recreation and Community Services Director, Assistant Community Development Director, Assistant City Engineer, Assistant to the City Manager, and Deputy City Clerk, Dr. Marjorie Lewis, President of Cypress College, introduced Dr. Rod Fleeman, Vice Chancellor of Finance and Facilities for the North Orange County Community College District, who will be overseeing the renovations made at Cypress College. She stated that the college facility is 35 years old and has not received many renovations due to tight budgets throughout the years. She stated that the renovations include an electronic marquee sign at the Valley View entrance, a developed plaza, a short-term parking area, a student center, and new library building. The groundbreaking for the library is scheduled for October 2003 and will take approximately 18 months to complete. The groundbreaking for the student center will take place in approximately one year. Dr. Lewis stated that restroom facilities will be built near the athletic fields. All of the other buildings will also receive extensive renovations that will update classrooms and laboratories, with multi-media and Internet connections in many classrooms. Dr. Rod Fleeman stated the renovations will be approximately $63 million, using local bonds and that a five-year plan was established to complete the project. He stated that the District has also been aggressive in receiving State funding, including a $4 million grant for energy conservation. He stated that many of the modular buildings that have been on the campus for 35 years will be removed. Council Member McGill suggested contacting the Cypress School District to see if they could use any of the modular buildings. Dr. Fleeman stated that a full Environmental Impact Report was done and one public hearing has been held. After the report has been reviewed and published, the public will have 30 days to comment or make recommendations on the report. Mayor Pro Tern Keenan asked about the status of the tennis courts. Dr. Fleeman stated that cracks had developed on the tennis courts even though it was designed not to crack. A forensic engineering firm was called in and reported that the cracking was a design issue and that footings that were installed for the light poles were not given enough room for movement. The recommendation is that after approximately one year the cracks be recut and refilled, and the courts be resurfaced, which is estimated to cost approximately $15,000. CITY COUNCIL MINUTES AUGUST 25, 2003 9 Dr. Lewis stated that more parking spaces will be available after the renovation is completed. She stated that if a light rail station was to be built at the college, a parking structure would then be considered for the additional parking needs. Mayor Pro Tem Keenan stated that OCTA is looking to work cooperatively with users to expand the light rail system. Mayor Pro Tern Keenan asked about long-term plans for the swap meet that is held at the college. Dr. Lewis stated that the college receives approximately $250,000 per year from the swap meet and that it is one of the few sources of unrestricted funds the college receives. Council Member McGill stated his concern about people parking offsite and jaywalking while crossing Valley View to get to the swap meet. He asked if a cooperative effort could be made by college, swap meet and City staff to educate people about safely crossing the street. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Existing Litigation, Park v. City of Cypress, et al., Orange County Superior Court, Case No. 02CC18213. 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 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, 241-091-25, 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 6:01 p.m., the Mayor Pro Tem 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 McCoy. PRESENT: Council/Agency Board Members McGill, Piercy, Sondhi, Mayor Pro Tem/Agency Vice Chair Keenan, Mayor/Agency Chair McCoy ABSENT: None STAFF PRESENT: City Manager, City Attorney, Director of Finance and Administrative Services, Community Development Director, Acting Chief of Police, Recreation and Community Services Director, Assistant to the City Manager, Assistant Community Development Director, Assistant City Engineer, Associate Planner, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council/Agency Board Member Piercy. INVOCATION: The invocation was given by Acting Police Chief Hicks. 2 l0 CITY COUNCIL MINUTES AUGUST 25, 2003 REPORT OF WORKSHOP AGENDNCLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that Dr. Lewis and her staff from Cypress Community College presented the City Council with an update pertaining to their renovation and expansion of the college. The college previously sold a bond and is in the process of implementing their renovation plan. 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 Conference with Legal Counsel - Existing Litigation, Park v. City of Cypress, et al., Orange County Superior Court, Case No. 02CC18213. The opportunity to settle this case was discussed with the City Council for a nuisance value settlement. After review and discussion, the City Council unanimously authorized the City Attorney's office to negotiate a settlement on a not-to-exceed amount. Mayor McCoy did not participate in this Closed Session item. 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. A presentation was made on facts and circumstances, which may give rise to litigation. The City Council unanimously authorized staff to pursue a litigation avoidance strategy. 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, 241-091-2'1, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091- 27, 241-09'1-28, 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. City staff presented a status report on ongoing negotiations regarding the potential development of one or more of the parcels. 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. The Redevelopment Agency was recessed at 7:09 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 AMENDMENT TO CONDITIONAL USF PERMIT NO. 84-5, A REQUEST TO ADD OFFSALE BEER AND WINE TO THF EXISTING TARGET STORE LOCATED AT 6835 KATELLA AVENUE WITHIN THF PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. CiTY COUNCIL MINUTES AUGUST 25, 2003 1J. Beth Aboulafia, representing Target Corporation, introduced Anna Gilman, Target District Manager. She stated that Target started adding wine sales to its stores in northern California about one year ago. There is one store locally, in Irvine, that is currently selling wine and about twenty stores are in the application process. Ms. Aboulafia stated that even though it is a beer and wine license, Target's initial plans are to sell wine only. There will not be any consumption on the premises and it is offsale only. The conditions have been reviewed and Target is in agreement with all of them but would ask that an amendment to the Resolution be made adding a finding of public convenience and necessity due to the census tract being technically considered over-concentrated, although the numbers given by ABC are incorrect. 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. Council Member McGill asked about the census tract and findings. The Assistant Community Development Director stated that ABC has given different licensing numbers to staff and Target, and the finding of public convenience and necessity could be made by the City Council. The City Attorney stated a finding could be made on the Resolution as item D, stating that the use, as conditioned, will not have any adverse affects on the adjacent properties, and would serve the public convenience and necessity. It was moved by Council Member McGill and seconded by Mayor Pro Tem Keenan, to adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 84-5 - With Conditions, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McGilI, Piercy, Sondhi, Keenan and McCoy COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 84-5 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING TENTATIVE TRACT MAP NO. 16564 AND APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-05, A REQUEST TO CREATE A ONE-LOT SUBDIVISION FOR COMMERCIAl CONDOMINIUMS AND TO CONSTRUCT TWO (2) OFFICE/R&D/WAREHOUSF BUILDINGS ON THE PROPERTY LOCATED AT 10800-10880 WALKER STREET WITHIN THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. The public hearing was opened. Mayor McCoy asked if there was anyone who wished to speak in favor of the item. Jon Lundstrom, Acacia Real Estate Group, stated that he does not have any issues with the conditions proposed by staff. Mayor McCoy asked if there was anyone who wished to speak against the item. 12 CITY COUNCIL MINUTES AUGUST 25, 2003 Mayor Pro Tem Keenan asked about the sign program for the location. Mr. Lundstrom stated that they will work within the City's sign ordinance. The public hearing was closed. It was moved by Mayor Pro Tem Keenan and seconded by Council Member McGill, to adopt the Resolutions by title only, approving Design Review Committee Permit No. 2003-05 - With Conditions and approving Tentative Tract Map No. 16564 - 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. 5695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2003-05 - WITH CONDITIONS. RESOLUTION NO. 5696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16564 - 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. Mayor Pro Tem Keenan requested Item No. 7 be pulled from the Consent Calendar. Council Member McGill stated that he would be abstaining from Item No. 12. It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Keenan, to approve Consent Calendar Items No. 3 through 6 and 8 through 12. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Item No. 3: McGill, Piercy, Sondhi, Keenan and McCoy None None APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF AUGUST 11, 2003. Recommendation: That the City Council approve the Minutes of the Meeting of August 11,2003, as submitted. Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVEFURTHER READING. 5 CITY COUNCIL MINUTES AUGUST 25, 2003 Item No. 5: PROCLAIMING THE MONTH OF SEPTEMBER1 2003, AS "NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of September, 2003, as "National Alcohol and Drug Addiction Recovery Month" in the City of Cypress. Item No. 6: PROCLAIMING THE MONTH OF SEPTEMBER, 2003, AS "PROSTATE CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of September, 2003, as "Prostate Cancer Awareness Month" in the City of Cypress, Item No. 8: ADOPTION OF 800 MHz BACKBONE COST-SHARING AMENDMENT. Recommendation: That the City Council approve the Amendment to Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System dated January 30, 1996. Item No. 9: ADOPTION OF AMENDMENT NO. 7 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Recommendation: That the City Council approve Amendment No. 7 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said agreement. Item No. 10: ACCEPTANCE OF REPLACEMENT OF S-1 AND S-5 HVAC UNITS AT CITY HALL, PUBLIC WORKS PROJECT NO. 2002-22. Recommendation: That the City Council: 1) Accept the project for Replacement of S-1 and S-5 HVAC Units at City Hall, Public Works Project No. 2002-22, as being satisfactorily completed in conformance with the project specifications; and 2) Approve the final retention payment of $16,207.20 to Allison Mechanical, 24747 Redlands Blvd., Unite C, Loma Linda, California 92354, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; 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. Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2003. Recommendation: Receive and file. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 60619 THROUGH 60845. Recommendation: Approve the attached warrant register. Re.qardinq Item No. 7: AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2003-02, A REQUEST TO ADD A PEDESTRIAN BRIDGE, PHASING PLAN, AND SHARED PARKING ARRANGEMENT FOR THE PROPERTY LOCATED AT 6161 CHIP AVENUE WITHIN THE PC-4 PLANNED COMMUNITY BUSINESS PARK ZONF~ Mayor Pro Tem Keenan asked about the timing of the phases and the effect on the parcel. The Assistant Community Development Director stated that there is one year left on the original application and unless the project is submitted with working drawings, the project will have to start over. This amendment provides an option for the developer to change the application for a pedestrian bridge over the flood control channel and work as a business retention tool to allow a large business to remain the City. CITY COUNCIL MINUTES AUGUST 25, 2003 It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, that the City Council adopt the Resolution by title only, approving amendment to Design Review Committee Permit No. 2003-02, subject to the conditions in Exhibit "A" of the Resolution. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McGilI, Piercy, Sondhi, Keenan and McCoy COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 2003-02 - WITH CONDITIONS. END OF CONSENT CALENDAR UNFINISHED BUSINESS Noitems. NEW BUSINESS Noitems. RECREATION & PARK DISTRICT MATTERS: ~e Ex Offic~ Govem~g Boar of Direc~. Noitems. CYPRESS REDEVELOPMENT AGENCY MATTERS: Ac~gas ~e Cyp~ssRedevelopmentAgency. Noitems. The RedevelopmentAgencywasreconvenedat7:40p.m. The Cypress City Council, Acting as The Cypress City Council, ORAL COMMUNICATIONS: For Matters Not on the Agenda. George Strange, Cypress, spoke regarding the Cypress Police Department. ITEMS FROM CITY COUNCIL MEMBERR: Mayor McCoy requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended the Korean American Coalition lunch where a presentation was made describing the Korean American communities in Orange County. Attended the legislative mixer at the Joint Forces Training Base. Council Member Piercy: Attended the legislative mixer at the Joint Forces Training Base. Mayor Pro Tern Keenan: Attended an O.C. Transportation Authority committee meeting where some new fare options for bus service was approved. Attended the O.C. League of California Cities CITY COUNCIL MINUTES AUGUST 25, 2003 15 meeting where an update was provided by legislative lobbyists. Attended the Chamber of Commerce networking breakfast as the guest speaker where he spoke about O.C. Transportation Authority projects. Attended an O.C. Transportation Authority Board meeting where a university pass was approved that will allow college and university students to use their student identification cards to ride the buses and relocation of Board meetings from the County to OCTA headquarters was approved. Mayor McCoy: Attended the legislative mixer at the Joint Forces Training Base. Attended the ribbon cutting ceremony for Liberty Fitness Center. Mayor McCoy stated that a majority of the Council Members would be attending the League of California Cities conference in Sacramento next month and the regular meeting of September 8, 2003 would be adjourned due to lack of a quorum. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor McCoy adjourned the meeting at 7:58 p.m. to Monday, September 22, 2003, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CiTY OF (~,.YJ;;~RESS ATTEST: ERI~ 0~' Tt"~ICIT, OF CYPRESS