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Minutes 2003-10-1329 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 13, 2003 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor McCoy in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members McGill (arrived at 5:40 p.m.), 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, Chief of Police, Public Works Director, Recreation and Community Services Director, Assistant Community Development Director, Housing Coordinator, and City Clerk. The Community Development Director stated that each redevelopment plan in the City has its own debt limits as prescribed by California Redevelopment Law. He stated that in order to justify the need for the collection of tax increment, the Redevelopment Agency has to be essentially in debt. This debt is created by engaging in new projects with the purpose of eliminating blight. The debt can be both short term and long term and can be a bond, loan programs, or contractual obligations. The Community Development Director stated that if the time limit to incur debt expires, the Redevelopment Agency cannot collect tax increment. With the provisions of SB 211, agencies have the ability to extend time limits through adoption of an ordinance. If the time limits are extended, it will preserve the Agency's ability to pursue and finance meaningful redevelopment activities. Extending the time limit does not change the amount of total indebtedness the Redevelopment Agency can have. He stated that SB 211 statutes do not change existing tax sharing agreements. For taxing agencies that do not have tax sharing agreements, the Agency will be required to implement statutory tax sharing payments. The Agency already has pass through obligations with a majority of the eligible taxing agencies, which include several County entities and local school and community college districts. The only area where there is significant money at risk is the original Civic Center Project. There are 17 agencies that would begin to share tax increment revenue, with four of those being City entities. A large percentage of the property in the original Civic Center Project Area is currently tax exempt. The projected amount that would be passed through is approximately $2 million over the life of the plan. New pass through requirements in the remaining areas would be minimal because these areas already have existing pass through agreements with a majority of eligible taxing agencies. The Community Development Director stated that it is staff's recommendation that the Agency consider adoption of a SB 211 ordinance. Staff would, at the next City Council meeting, have ordinances for each project area. The City Manager asked what prompted SB 211 to be adopted in the first place. Felise Acosta, Rosenow Spevacek Group, stated that after AB 1290 was approved and the limits went into effect for older project areas, it became apparent that these areas needed more work done to them. The legislature recognized that was a problem for pre-AB 1290 plans and provided for amendments through SB 211. Mayor McCoy asked about the time frame to adopt the ordinances. 30 CITY COUNCIL MINUTES OCTOBER 13, 2003 The Community Development Director stated that the ordinances must be adopted before the current time frame of debt expires, which for the original Civic Center Plan, is January 2004. It was the consensus of the Redevelopment Agency to direct staff to prepare the ordinances for first reading at the next Council meeting. 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), Nevis Homes, LLC v. City of Cypress, et al., Orange County Superior Court Case Number 03CC11128. 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, 241-091-26, 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 6:12 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 7:00 p.m. by Mayor McCoy. PRESENT: Council Members McGill, Piercy, 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 Community Development Director, and City Clerk, PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McGill. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mr. and Mrs. John Saliture and Stephanie Rico of Mothers Against Drunk Driving (MADD) presented a 25-Level Deuce Award to Cypress Police Department Officer Paulo Morales. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. CITY COUNCIL MINUTES OCTOBER 13, 2003 31 The City Manager reported that staff made a presentation to the City Council regarding the feasibility of adopting an Ordinance dealing with redevelopment, whereby SB 211 will allow agencies to adjust their time limits for extending their indebtedness. The plan adoption does not change the amount of debt an agency can incur. He stated that this will allow for tax sharing for a portion of the Civic Center Project Area. This item will be brought forth to the Council and Agency at a subsequent date for adoption. 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, pursuant to Government Code Section 54956.9(a), Nevis Homes, LLC v. City of Cypress, et al., Orange County Superior Court Case Number 03CC11128. A status report was provided on this litigation and the Council unanimously authorized staff to enter into a period of good faith negotiations with the plaintiff and petitioner in this case. The City Attorney reported that the Council met regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One. The Council was briefed on facts and circumstances, which give rise to the exposure of litigation and gave a report on implementation of a previously authorized strategy by the Council to avoid such litigation. The City Attorney reported that the Redevelopment Agency met 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. A status report was provided on ongoing negotiations. 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. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to attend the "Carmina Burana" concert on Saturday, October 25, 2003 at 7:30 p.m. and Sunday, October 26, 2003 at 3:00 p.m., at the Cypress College Campus Theater. 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 LAW ENFORCEMENT BLOCK GRANTS: CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS. The Chief of Police 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. Mayor McCoy asked if there was anyone who wished to speak against the item. 3 32 CITY COUNCIL MINUTES OCTOBER 13, 2003 The public hearing was closed. It was moved by Mayor Pro Tem Keenan and seconded by Council Member Sondhi, that the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement Services Fund; and 2) Approve an increase of estimated revenues for fiscal year 2003/2004, in the Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants account number 3525-30-999-99 for $100,000; and 3) Approve the continued use of grant funds for one (1) Police Services Officer position, which was approved in fiscal year 1999/2000, as these funds, in the amount of $66,703, will pay for the Police Services Officer's salary for fiscal year 2003/2004; and 4) Approve the continued use of the remaining funds for one (1) Police Officer position, which was approved during fiscal year 2001/2002, as these remaining funds, $33,297, will pay for a portion of that officer's salary for fiscal year 2003/2004; and 5) Adopt the Resolution by title only, title as follows, approving an increase of estimated revenues for fiscal year 2002/2003 in the Supplemental Law Enforcement Services Fund to be used to pay for the salary of a Police Services Officer and a portion of the salary for a Police Officer. 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. 5703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN INCREASE OF ESTIMATED REVENUES FOR FISCAL YEAR 2002/2003 IN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND TO BE USED TO PAY FOR THE SALARY OF A POLICE SERVICES OFFICER AND A PORTION OF THE SALARY FOR A POLICE OFFICER, 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 that Item No. 10 be pulled from the Consent Calendar. It was moved by Council Member Piercy and seconded by Council Member McGill, to approve Consent Calendar Items No. 2 through 9, 11 and12. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF SEPTEMBER 8 AND SEPTEMBER 22, 2003. Recommendation: That the City Council approve the Minutes of the Meetings of September 8 and September 22, 2003, as submitted, with Mayor Pro Tem abstaining on the minutes of September 22, 2003, due to his absence from the meeting, Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4 CITY COUNCIL MINUTES OCTOBER 13, 2003 33 Item No. 4: PROCLAIMING OCTOBER 25, 2003 AS "MAKE A DIFFERENCE DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim October 25, 2003 as "Make a Difference Day" in the City of Cypress. Item No. 5: ADOPTION OF RESOLUTION OF INTENTION TO AMEND THE CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE THE PROVISION OF MILITARY SERVICE CREDIT AS PUBLIC SERVICE. Recommendation: That the City Council adopt the Resolution by title only, establishing notice of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Cypress. RESOLUTION NO. 5704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS, Item No. 6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-06, A REQUEST TO REPLACE AN EXISTING NON-CONFORMING ANTENNA FACILITY WITH A STEALTH ANTENNA FACILITY ON AN EXISTING HOTEL BUILDING LOCATED AT 5865 KATELLA AVENUE WITHIN THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2003-06 - With Conditions. RESOLUTION NO. 5705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2003-06 WITH CONDITIONS. Item No. 7: AWARD OF CONTRACT FOR PURCHASE OF ONE MAINTENANCF TRUCK REPLACEMENT. Recommendation: That the City Council award a contract to purchase one (1) 2004 Chevrolet 2500 HD utility pick-up truck from Wondries Chevrolet Fleet Division, 1247 W. Main Street, Alhambra, California 91801, in the amount of $30,352.10. Item No. 8: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR REMODEL OF THE CYPRESS COUNCIL CHAMBER AND DESIGN/BUILD CONTRACT FOR REPLACEMENT OF AUDIONISUAL SYSTEMS, PUBLIC WORKS PROJECT NO. 2001-18. Recommendation: That the City Council: 1) Approve the plans and specifications for Remodel of Cypress Council Chamber, Public Works Project No. 2001-18; and 2) Authorize staff to advertise the project for bid; and 3) Approve the design/build specifications for replacement of AudioNisual Systems, Public Works Project No. 2001- 1 8; and 4) Authorize staff to advertise the design/build contract for bid. Item No. 9: ACCEPTANCE OF GRANT FUNDS FROM TARGET CORPORATION Recommendation: That the City Council: 1) Accept the grant in the amount of $1,000 from the Target Corporation and increase estimated revenues (3711-11, Expense Reimbursement) in the General Fund; and 2) Appropriate $1,000 from the unreserved fund balance of the General Fund to account 4113-11-165-05 (Small Equipment). 5 34 CITY COUNCIL MINUTES OCTOBER 13, 2003 Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 61313 THROUGH 61721. Recommendation: Approve the attached warrant register. RECREATION & PARK DISTRICT MA TTERS: Item No. 12: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR PARTIAL ROOF REPLACEMENT AT THE CYPRESS COMMUNITY CENTER AND CYPRESS SENIOR CENTER, PUBLIC WORKS PROJECT NO. 2003-29. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the plans and specifications for partial roof replacement at the Cypress Community Center and Cypress Senior Center, and authorize staff to solicit bids for the project. Re.qardinq Item No. 10: ACCEPTANCE OF OFFICE FOR DOMESTIC PREPAREDNESS, STATE DOMESTIC PREPAREDNESS PROGRAM EQUIPMENT SUBGRANT AND APPROPRIATION OF FUNDS, Council Member UcGill asked the Chief of Police to provide more information on the equipment the grant will provide. The Chief of Police stated that the funds will pay for two specific types of apparatus: 1) a new set of masks and breathing apparatus, which will allow sworn personnel to survive in the tactical field setting in the event of a chemical attack, and 2) dosimeters for emergency response vehicles that will sense any type of gamma ray or dirty bomb source of radiology in the field. It was moved by Council Member McGill and seconded by Council Member Piercy, that the City Council: 1) Approve an increase to estimated revenues in the General Fund in Other Grants account number 3525-11-999-99 for $17,886; and 2) Approve the appropriation of $17,886 from the unreserved fund balance of the General Fund to Small Tools and Equipment account number 4113-11-180-05, for the purchase of personal protective equipment for biological and chemical weapons. 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 END OF CONSENT CALENDAR UNFINISHED BUSINESS Noitems. NEW BUSINESS Noitems. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Noitems. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was reconvened at 7:25 p.m. 6 CITY COUNCIL MINUTES OCTOBER 13, 2003 35 It was moved by Agency Board Member Sondhi and seconded by Agency Vice Chairperson Keenan, to approve Consent Calendar Items. No. 13 and 14. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 AGENCY MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy 0 AGENCY MEMBERS: None 0 AGENCY MEMBERS: None Consent Calendar: Item No. 13: APPROVAL OF AMENDMENT NO. 1 TO THE RELOCATION ASSISTANCE AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CYPRESS CHAMBER OF COMMERCE. Recommendation: That the Cypress Redevelopment Agency Board approve Amendment No. 1 to the Relocation Assistance Agreement between the Cypress Redevelopment Agency and the Cypress Chamber of Commerce, and authorize the Agency's Executive Director and Secretary to execute the Agreement on behalf of the Agency. Item No. 14: APPROVAL OF AMENDMENT NO. 1 TO THE PURCHASE AND SALE AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COTTONWOOD CHRISTIAN CENTER. Recommendation: That the Cypress Redevelopment Agency Board approve Amendment No. 1 to the Purchase and Sale Agreement between the Cypress Redevelopment Agency and Cottonwood Christian Center. END OF CONSENT CALENDAR ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McCoy requested reports from the Council Members on their respective committee assignments. Council Member MoGilI: Attended an O.C. Fire Authority meeting where the Fallen Firefighter Memorial Fund was discussed. Attended the Buena Park City Hall dedication ceremony. Council Member Piercy: Attended an O.C. Sanitation District meeting where Proposition 53 was discussed. Attended an O.C. Library Board meeting where allocation of the 2004-05 budget was discussed. Attended the badge pinning ceremony for Captain Idom. Attended the installation of the new Kiwanis Club president, Al Tolkin. Council Member Sondhi: Attended a Housing and Community Development Commission Board meeting where presentations by staff were made on progress reports of various projects and activities. Attended a Project Advisory Committee meeting where a presentation was made by Habitat for Humanity. 7 36 CITY COUNCIL MINUTES OCTOBER 13, 2003 Mayor Pro Tem Keenan: Attended a League of California Cities meeting where a presentation was made by the State League president. Attended an Executive Committee meeting for the League of California Cities where a presentation was made to Senator Ackerman regarding AB 710. Attended an O.C. Transportation Authority committee meeting where a request for an RFP for right-of-way services for Centerline was approved. Attended the International Bridge, Tunnel, and Toll Road conference in France on behalf of the O.C. Transportation Authority. Mayor McCoy: Attended an award dinner where a Cypress resident, Marc Butsumyo, was recognized for his volunteerism by the Greater Long Beach National Conference for Community and Justice (NCC J). ITEMS FROM CITY MANAGER: The City Manager recognized and commended Katie Conley, Executive Director, Cypress Chamber of Commerce, for her continued support and regular attendance at the City Council meetings. ADJOURNMENT: Mayor McCoy adjourned the meeting at 7:40 p.m. in memory of Pauline Liu, mother of June Liu, Administrative Services Manager, to Monday, October 27, 2003, beginning at 5:00 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPF::~I~S ATTEST: CLERK OFTO CITY dF CYPRESS