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Minutes 2003-11-1048 MINUTES OFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 10, 2003 A regular meeting of the Cypress City Council was called to order at 5:47 p.m. by Mayor McCoy in the Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council/Agency Board Members McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Keenan, Mayor/Agency Chair McCoy Council/Agency Board Member Piercy STAFF PRESENT: City Manager, City Attorney, and City Clerk. The City Attorney reported that the City Council and Redevelopment Agency 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 No. 03CC11128. 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 5:48 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/Agency Board Members McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Keenan, Mayor/Agency Chair McCoy ABSENT: Council/Agency Board Member Piercy 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 Superintendent, Administrative Services Manager, 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: The Mayor presented a Resolution recognizing the Palmer Family as the 2003 Cypress Family of the Year. CITY COUNCIL MINUTES NOVEMBER 10, 2003 49 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 and Redevelopment Agency 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 No. 03CC11128. The City Attorney stated that staff briefed the City Council on ongoing settlement negotiations involving the plaintiff and authorized further negotiations. 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. The City Attorney stated that the Redevelopment Agency received a status report on the ongoing negotiations with respect to the acquisition and development of the properties identified therein. 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. Alex Rabinovich, Cypress, spoke regarding Holder Street bridge. Stephen St. Clair, Cypress, invited the Council and citizens to attend the Christmas Concert at the Church of Jesus Christ of Latter Day Saints on Sunday, December 7, 2003, at 7:00 p.m. 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. 2003-10, AND DESIGN REVIEW COMMITTEE PERMIT NO. 2003-06, PROPOSED DEVELOPMENT OF A NEW 74,100 SQUARE FOOT RETAIL COMMERCIAl CENTER ON A CURRENTLY VACANT 7.08 ACRE SITE AT THE NORTHWEST CORNER OF KATELLA AVENUE AND SIBONEY STREET WITHIN THE PBP (PLANNED BUSINESS PARK) ZONE AND WITHIN AREA 6 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN. The Assistant Community Development Director provided background information on this item. The applicant, Doug Jaquay, AVG Partners, stated that they would comply with all of the conditions. The public hearing was opened. Mayor McCoy asked if there was anyone who wished to speak in favor of the item. 50 CITY COUNCIL MINUTES NOVEMBER 10, 2003 Debbie Ayala, Residence Marriott Inn, Cypress, spoke in favor of the project. Mayor McCoy asked if there was anyone who wished to speak against the item. Russ Burns, Cypress, spoke regarding concerns with the width of the driveway entrance. Walter K. Bowman, Cypress, spoke regarding concerns about the access on Siboney Street. Mr. Jaquay stated that the access on Siboney Street is there for the fire lane for access to and from the site. He stated that widening the driveway entrances would be discussed with City staff. The public hearing was closed. Council Member McGill asked about the sweeping driveways along Katella and the sweep for a car going 40 miles per hour making a right hand turn onto the property. The Assistant Community Development Director stated that Condition No. 15 states that driveway entrances on Katella shall be 32 feet wide, right in, right out only. He stated that the design and radius would be addressed by the Engineering Department during the plan check process. The Public Works Director stated that it is the intention on arterial highways to make an increased radius type of turn for entrance. Council Member McGill asked if a traffic signal will be installed at the intersection of Katella Avenue and Siboney Street. The Public Works Director stated that a traffic signal will be installed. Mayor Pro Tem Keenan asked about deceleration lanes on Katella. The Assistant Community Development Director stated that the code would require the landscaping be cut back 12 feet wide, which is the width of the lane, plus the right-of- way as well. The City Manager stated that Siboney Street is not a public right-of-way, that it is in private ownership. The applicant will have to demonstrate that he has the right to gain entry to and from Siboney Street. It was moved by Council Member McGill and seconded by Mayor Pro Tern Keenan, that the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative Declaration, and adopt the Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, approving Conditional Use Permit No. 2003-10 and Design Review Committee Permit No. 2003-06, subject to the conditions attached in Exhibit "A" of the Resolution. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Sondhi, Keenan and McCoy COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy RESOLUTION NO. 5711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2003-10 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2003-06 - WITH CONDITIONS. 3 CITY COUNCIL MINUTES NOVEMBER 10, 2003 5i 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 Sondhi requested that Item No. 4 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Keenan and seconded by Council Member McGill, to approve Consent Calendar Items No. 2 and 3, and 5 through 14. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Keenan and McCoy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Piemy Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 27, 2003. Recommendation: That the City Council approve the Minutes of the Meeting of October 27, 2003, as submitted. Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: ADOPTION OF A RESOLUTION RECOGNIZING THE PALMER FAMILY AS THE 2003 CYPRESS FAMILY OF THE YEAR. Recommendation: That the City Council adopt the Resolution by title only, recognizing the Palmer family as the 2003 Cypress Family of the Year. RESOLUTION NO. 5713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE PALMER FAMILY AS THE 2003 CYPRESS FAMILY OF THE YEAR. Item No. 6: ADOPTION OF A RESOLUTION TO AMEND THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT PERSONNEL RULES AND REGULATIONS. Recommendation: That the City Council adopt the Resolution by title only, amending Resolution No. 1635, amending the City of Cypress and Cypress Recreation and Park District Personnel Rules and Regulations. RESOLUTION NO. 5714 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. 1635, AMENDING THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT PERSONNEL RULES AND REGULATIONS. 52 CiTY COUNCIL MINUTES NOVEMBER 10, 2003 Item No. 7: ADOPTION OF A RESOLUTION ESTABLISHING A RETIREE HEALTH SAVINGS PLAN AND AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES TO EXECUTE THE PLAN DOCUMENTS. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, establishing a Retiree Health Savings Plan; and 2) Authorize the City Manager and the Director of Finance and Administrative Services to sign and execute the Declaration of Trust of the City of Cypress Integral Part Trust and the City of Cypress Retiree Medical and Dental Expense Reimbursement Plan (Welfare Benefit Plan Document). RESOLUTION NO. 5715 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, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING A RETIREE HEALTH SAVINGS (RHS) PLAN. Item No. 8: ACCEPTANCE OF DONATION FROM THE AMERICAN LEGION. Recommendation: That the City Council: 1) Accept the donation in the amount of $1,600 from the 82nd Airborne Division Association, Orange County Chapter of the American Legion; and 2) Increase estimated revenues (3711-11, expense reimbursement) in the amount of $1,600 in the General Fund; and 3) Appropriate $1,600 from the unreserved fund balance of the General Fund to account 4113~11-167- 05 (small equipment). Item No. 9: AWARD OF CONTRACT FOR THE REMODEL OF THE CYPRESS POLICE LABORATORY, PUBLIC WORKS PROJECT NO. 2003-34. Recommendation: That the City Council: 1) Determine the lowest responsible bidder for Public Works Project No. 2003-34 to be Elite Custom Cabinets, Inc., 9820 Jersey Avenue, Santa Fe Springs, California 90670; and 2) Award a contract for the Remodel of the Cypress Police Laboratory in the amount of $24,997 to Elite Custom Cabinets, Inc.; and 3) Authorize $2,200 (8% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities; and 4) Authorize an appropriation of funds in the amount of $4,000 from the unappropriated fund balance of the Capital Improvement Fund into Account No. 4186-15-826-24 for the Cypress Police Laboratory Remodel. Item No, 10: AWARD OF CONTRACT FOR PURCHASE OF SiX (6) PATROl VEHICLES. Recommendation: That the City Council: 1) Appropriate $30,000 to Account No. 4377-90-659-39 from the Equipment Replacement Fund, for the purchase of one (1) new K-9 vehicle; and 2) Approve the transfer of $30,000 from the City's General Liability Fund (2200-96) to the City's Equipment Replacement Fund (1200-90) for the purchase of one (1) K-9 vehicle and replacement equipment; and 3) Award a contract to purchase the five (5) 2004 Crown Victoria Police Interceptors and one (1) 2004 Pontiac Grand Prix from Wondries Fleet Division, 1247 W. Main Street, Alhambra, California 91803, in the amount of $148,339.27. Item No. 11:. ADOPTION OF PUBLIC WORKS CONTRACT CHANGE ORDER POLICY. Recommendation: That the City Council adopt an Administrative Policy entitled "Public Works Contract Change Order." 5 CITY COUNCIL MINUTES NOVEMBER 10, 2003 53 Item No. 12: EXECUTION OF PROMISSORY NOTES BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Notes (Exhibit "B") in the amount of $10,600,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments or other available project area revenue sources. Item No. 13: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF POLICE SERVICES OFFICER. 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 Police Services Officer. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 61894 THROUGH 62129. Recommendation: Approve the attached warrant register. Regarding Item No. 4: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-30, DONATION OF SCULPTURE AND PROPOSED PLACEMENT WITHIN THE CIVIC CENTER CAMPUS, Council Member Sondhi thanked the members of FOCCA for their donation to the City of Cypress. It was moved by Council Member Sondhi and seconded by Council Member McGill, that the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2003-30. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGilI, Sondhi, Keenan and McCoy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNClLMEMBERS: Piemy RESOLUTION NO. 5712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2003-30. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 15: SECOND READING OF ORDINANCES AMENDING THF REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA, LOS ALAMITOS RACE TRACK AND GOLF COURSE PROJECT AREA, AND LINCOLN AVENUE REDEVELOPMENT PROJECT AREA PURSUANT TO SENATF BILL 211. It was moved by Mayor Pro Tem Keenan and seconded by Council Member Sondhi, that the City Council adopt the Ordinances by title only, amending the Redevelopment Plans for the Civic Center Redevelopment Project Area, Los Alamitos Race Track and Golf Course Project Area, and Lincoln Avenue Redevelopment Project Area pursuant to Senate Bill 211. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Keenan and McCoy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Piercy 54 CITY COUNCIL MINUTES NOVEMBER 10, 2003 ORDINANCE NO. 1044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING THE FOURTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) ORDINANCE NO. 1045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) ORDINANCE NO. 1046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2) UNFINISHED BUSINESS No items. NEW BUSINESS Item No. 16: ADOPTION OF AN URGENCY ORDINANCE TO AMEND THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE THE PROVISION OF MILITARY SERVICE CREDIT AS PUBLIC SERVICE. The City Manager provided background information on this item. It was moved by Mayor Pro Tem Keenan and seconded by Council Member Sondhi, that the City Council, pursuant to the provisions of the City Charter and California Government Code § 36934 and 36937, adopt the Urgency Ordinance to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Cypress. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Keenan and McCoy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Piercy ORDINANCE NO. 1047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of D/rectors. No items. CITY COUNCIL MINUTES NOVEMBER 10, 2003 ¸55 CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was reconvened at 8:02 p.m. PRESENT: ABSENT: The Cypress City Council, Agency Board Members McGill, Sondhi, Agency Vice Chairperson Keenan, Agency Chairperson McCoy Agency Board Member Piercy It was moved by Agency Vice Chair Keenan and seconded by Agency Board Member Sondhi, to approve Consent Calendar Item No. 17. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 AGENCY MEMBERS: McGill, Sondhi, Keenan and McCoy 0 AGENCY MEMBERS: None 1 AGENCY MEMBERS: Piercy Consent Calendar: Item No. 17: EXECUTION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and two Promissory Notes (Exhibit "B") in the amount of $10,600,000 with the City of Cypress, with the repayment to the City being made from future tax increments or other available project area revenue sources. END OF CONSENT CALENDAR ORAL COMMUNICATIONS: ForMatters Not on the Agenda. Mary Crowder, Cypress, spoke regarding Holder Street bridge. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McCoy requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended a promotion ceremony for two officers at the Police Department. Attended an Eagle Scout Court of Honor ceremony. Attended several D.A.R.E. luncheons. Attended the La Palma Days Parade. Council Member Sondhi: Attended a subcommittee meeting for the Housing and Community Services Department where the mortgage assistance program guidelines were reviewed. Mayor Pro Tem Keenan: Went to New York, on behalf of the O.C. Transportation Authority, attending to the refinancing of the debt that OCTA acquired when the 91 Express Lanes were purchased. Attended an O.C. Transportation Authority Board meeting where increased funding was authorized for graffiti removal and education, and an evaluation of the CEO of OCTA was held. Attended a fundraising event for the Cypress Boys and Girls Club. 8 56 CITY COUNCIL MINUTES NOVEMBER 10, 2003 Mayor McCoy: Attended the Veteran's Day Parade in Long Beach where members of the Cypress City Council participated. ITEMS FROM CITY MANAGER: The City Manager discussed the potential opening of Holder Street bridge and the process for requesting copies of public records. The City Manager recognized all military service branches on Veteran's Day. ADJOURNMENT: Mayor McCoy adjourned the meeting at 8:15 p.m. to Monday, November 24, 2003, beginning at 5:30 p.m. in the Executive Board Room. ~---~._J~. ~.~',~~ MAYOR OF THE CITY OF CYI6-R~SS ATTEST: ~-Y CLERk OF'-THF__~If~ CYPRESS