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Minutes 2004-01-1280 MINUTES CFA REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 12,2004 A regular meeting of the Cypress City Council was called to order at 5:03 p.m. by Mayor Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: ABSENT: Council/Agency Board Members McGill, Sondhi, Mayor Pro Tern/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan Council/Agency Board Member McCoy STAFF PRESENT: City Manager, City Attorney, Redevelopment Agency Attorney, Director of Finance and Administrative Services, Assistant City Manager, Chief of Police, Public Works Director, Recreation and Community Services Director, Administrative Services Manager, Assistant Community Development Director, Police Captain, Recreation and Community Services Superintendent, Assistant City Engineer, and City Clerk. The Recreation and Community Services Director stated that John Bates and Tony Torres, John Bates and Associates, would be assisting her in the presentation of an updated proposal for the expansion and modernization of the Community Center. The Recreation and Community Services Director stated that a conceptual plan was presented in February 2003, which proposed an approximate addition of 1,600 square feet to City Hall and a modernization and expansion of the Community Center. Council directed staff to move forward with the development of the plans and specifications for the City Hall expansion and requested that staff further research the feasibility of improving the Community Center. The City Council also requested the total cost to build a new Community Center versus modernization of the existing facility. Staff has met with the architectural firm of John Bates Associates to improve the conceptual plan and prepare more concise construction estimates. The Recreation and Community Services Director stated that staff met with Jewell Tolkin, President of the Cypress Civic Theater Guild, to discuss their needs and requirements in regards to utilizing a remodeled Community Center for their productions. Mrs. Tolkin rethought the concept of sharing space and determined this would not be feasible and stated they would prefer to stay at Oxford Academy in hopes that their current agreement could be extended. The Recreation and Community Services Director stated that the Community Center has not been modernized since it was built in 1975. Primary issues that confront the building include the adequacy of meeting space, age of the interior finishes, lack of appropriate office space and break room, ineffectiveness and confusion of dual entrances to the facility, and accessibility and number of restroom facilities. John Bates, John Bates Associates, presented photographs of community facilities in Orange County. He described proposed renovations to the auditorium, lobby, and restroom facilities. The Recreation and Community Services Director stated that $2,670,000 in funding is available for the project. The proposed renovations total $2,632,502 for the primary needs. A total of $784,000 of secondary improvements have also been identified, which could be included in future capital improvement project lists. Council Member McGill asked where the funding for the project came from. CITY COUNCIL MINUTES JANUARY 12, 2004 The Director of Finance and Administrative Services stated that $2.5 million of the funding was budgeted in this fiscal year and $170,000 is available but has not been appropriated yet. The City Manager stated that staff would like direction from the City Council to move forward with the project, taking into account as next year's budget is developed, the prioritizing of the secondary improvements. It was the consensus of the City Council to move forward with the project as presented. 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 Number 262-471-39; Consisting of an Approximately 22,500 Square Foot Parcel Located on the East Side of Walker Street, North of Danny Avenue, in the Lincoln Avenue Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under negotiation: Price and Terms of Payment and 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 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: Three. 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), Marchetti and City of Cypress v. Mapon, Inc., Colen & Lee Claim No. 066-00-00029. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference With Labor Negotiator, pursuant to Government Code Section 54957.6, Agency Negotiator: Richard Storey, Employee Group: Cypress Police Officers' Association. At 5:45 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 Keenan, PRESENT: Council/Agency Board Members McGill, Sondhi, Agency Vice Chair/Mayor Pro Tem Piercy, Mayor/Agency Chair Keenan. ABSENT: Council/Agency Board Member McCoy STAFF PRESENT: City Manager, City Attorney, Redevelopment Agency Attorney, Director of Finance and Administrative Services, Assistant City Manager, Chief of Police, Public Works Director, Recreation and Community Services Director, Administrative Services Manager, Assistant Community Development Director, Police Captain, Recreation and Community Services Superintendent, and City Clerk. 2 82 CITY COUNCIL MINUTES JANUARY 12, 2004 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Piemy. INVOCATION: The invocation was given by City Attorney Wynder. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that staff presented a revised architectural scheme for the renovation and expansion of the Community Center to the City Council. The City Council gave direction to staff to move forward with the project. Staff will be back at a subsequent date with refined plans and specifications for the City Council to consider. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the City Council and Redevelopment Agency met 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 stated that a conceptual settlement of this dispute has been reached between the parties that is currently being reduced to a written form and will come back to a future Council meeting for formal approval. 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 Number 262-471-39; Consisting of an Approximately 22,500 Square Foot Parcel Located on the East Side of Walker Street, North of Danny Avenue, in the Lincoln Avenue Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under negotiation: Price and Terms of Payment and 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 status reports were provided on the ongoing nature of these negotiations by the Deputy Executive Director and Agency Counsel. The Redevelopment Agency unanimously authorized the continuation of such negotiations. 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: Three. The City Attorney stated that litigation avoidance strategies were discussed with respect to each matter and was unanimously authorized by the City Council. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel - Existing Litigation, Pursuant to Government Code Section 54956.9(a), Marchetti and City of Cypress v. Mapon, Inc., Colen & Lee Claim No. 066-00-00029. The City Attorney stated that the City Council has accepted a settlement proposal, which will facilitate the settlement of this case. The terms and conditions of the settlement will remain confidential until a written settlement agreement, approved by the defendant, has been signed and subsequently approved by the City Council. The City Attorney reported that the City Council met in Closed Session regarding Conference With Labor Negotiator, pursuant to Government Code Section 54957.6, CITY COUNCIL MINUTES JANUARY 12, 2004 83 Agency Negotiator: Richard Storey, Employee Group: Cypress Police Officers' Association. The City Attorney stated that City staff has reached conceptual agreement with the Cypress Police Officers' Association under amendment to the terms and conditions of the current Memorandum of Understanding, which was approved in concept by the City Council subject to a written amendment. 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 Keenan asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. None. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). JOINT PUBLIC HEARING OF THE CYPRESS CITY COUNCIL AND THE CYPRESS REDEVELOPMENT AGENCY: Item No. 1: PUBLIC HEARING REGARDING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION. The Assistant City Manager provided background information on this item. The public hearing was opened. The applicant, Peter Clement, Real Estate Development Manager, Costco Wholesale Corporation, commended staff, Agency counsel, and the City Council for their diligent efforts in the process. Mayor Keenan asked if there was anyone who wished to speak in favor of the item. Barry Bailey, Bailey Lithographics, Cypress, representing the Cypress Chamber of Commerce, reiterated the Chamber support of the project. Pete Kinnahan, Cypress Residents for Planned Community Development, Cypress, thanked the City Council and staff for the work done, and Costco and Cottonwood Christian Church for staying with the project long term. Mayor Keenan asked if there was anyone who wished to speak against the item. Howard Cromer, Cypress, spoke in opposition to the project. The public hearing was closed. Council/Agency Board Member McGill asked about the fees Costco is required to pay. The Assistant City Manager stated that Costco would be paying the $1 per square foot traffic mitigation fee to the City of Los Alamitos and all non-City fees. The only City fee Costco will be paying is the regional traffic mitigation fee. It was moved by Mayor Pro Tem/Agency Vice Chair Piercy and seconded by Council/Agency Board Member Sondhi, to hold a joint public hearing on the proposed Disposition and Development Agreement between the Agency and Costco Wholesale in accordance with Community Redevelopment Law Section 33433; and 2) Adopt the Agency Resolution by title only, approving the Disposition and Development Agreement; and 3) Adopt the City Council Resolution by title only, approving the Disposition and Development Agreement. 84 CITY COUNCIL MINUTES JAN UARY 12, 2004 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL/AGENCY MEMBERS: McGill, Sondhi, Piercy and Keenan 0 COUNCIL/AGENCY MEMBERS: None 1 COUNCIL/AGENCY MEMBERS: McCoy RESOLUTION NO. CRA - 112 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND COSTCO WHOLESALE CORPORATION PERTAINING TO CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND KATELLA AVENUE WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA IN THE CITY OF CYPRESS. RESOLUTION NO. 5725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND COSTCO WHOLESALE CORPORATION PERTAINING TO CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF WALKER STREET AND KATELLA AVENUE WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA IN THE CITY OF CYPRESS. The Redevelopment Agency was recessed at 7:42 p.m. Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2003-11, DESIGN REVIEW COMMITTEE PERMIT NO. 2003-28 AND TENTATIVE PARCEL MAP NO. 2003-130, PROPOSED DEVELOPMENT OF A NEW 149,705 SQUARE FOOT RETAIL COMMERCIAL STORE LOCATED AT 5401 KATELLA AVENUE, A RETAIL FUEL STATION AT 10901 WALKER STREET, APPROVAL OF DESIGN REVIEW FOR ALL BUILDINGS AND A SUBDIVISION OF THE EXISTING SITE INTO THREE (3) PARCELS WITHIN THE PBP ZONE. The Assistant Community Development Director provided background information on this item. The Assistant Community Development Director stated that there was one modification to the conditions involving Condition No. 28 and the city-wide traffic improvement fee. He stated that deletion of the fourth item under No. 28 would make it consistent with the Disposition and Development Agreement. Council Member McGill asked about traffic alterations and considerations for the project. The Assistant Community Development Director stated that the site layout is intended to keep it unified but keep the operations of the fueling facility and store separated. He stated that it is Costco's intention to keep the majority of the truck traffic off of Katella Avenue. He stated that the site has six entry points and a proposed signalized intersection at the northeast corner of the site. Mayor Keenan asked about parking standards at the location. The Assistant Community Development Director stated that the City and Costco were able to arrive at an acceptable parking standard. He stated that the typical commercial 5 CITY COUNCIL MINUTES JANUARY 12, 2004 85 retail parking ratio is 4 to 1 and Costco is 5 to 1, which means more parking spaces than building space. The total parking is estimated at 803 spaces. The applicant, Peter Clement, Real Estate Development Manager, Costco Wholesale Corporation, stated that Costco has its own delivery fleet so it can guarantee that unloading will be completed by the time the store opens every day. The public hearing was opened. Mayor Keenan asked if there was anyone who wished to speak in favor of the item. Mayor Keenan asked if there was anyone who wished to speak against the item. The public hearing was closed. Mayor Keenan commended staff and Costco for their efforts and diligence on the project. It was moved by Council Member McGill and seconded by Mayor Pro Tem Piemy, that the City Council: 1) Adopt the Resolution by title only, approving Conditional Use Permit No. 2003-11 and Design Review Committee Permit No. 2003-28 - With Conditions, as amended; and 2) Adopt the Resolution by title only, approving Tentative Parcel Map No. 2003-130 - With Conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGili, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5726 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2003-28 AND CONDITIONAL USE PERMIT NO. 2003-11 - WITH CONDITIONS. RESOLUTION NO. 5727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 2003-130 - WITH CONDITIONS. Item No. 3: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USF PERMIT NO. 99-1, A REQUEST TO CHANGE THE LOCATION OF THE PROPOSED PHASE 2 AUTOMOTIVE SERVICE BUILDING LOCATED AT 5640 LINCOLN AVENUF IN THE PC PLANNED COMMUNITY ZONE. The Assistant Community Development Director provided background information on this item. The public hearing was opened. Mr. Jeff Johnson, architect for the project, stated that he was representing the applicant, Juan Rendon. Mayor Keenan asked if there was anyone who wished to speak in favor of the item. Mayor Keenan asked if there was anyone who wished to speak against the item. The public hearing was closed. 6 86 CITY COUNCIL MINUTES JANUARY 12, 2004 It was moved by Mayor Pro Tem Piercy and seconded by Council Member McGill, to adopt the Resolution by title only, approving amendment to Conditional Use Permit No. 99-1 - With Conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGilI, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: McCoy RESOLUTION NO. 5728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 99-1 - WITH CONDITIONS. CONSENT CALENDAR: Ali 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 Items No. 9 and 11 be pulled from the Consent Calendar. It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Piercy, to approve Consent Calendar Items No. 4 through 8, 10, and 12 through 19. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy and Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNClLMEMBERS: McCoy Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF DECEMBER 8, 2003. Recommendation: That the City Council approve the Minutes of the Meeting of December 8, 2003, as submitted. Item No. 5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVEFURTHER READING. Item No. 6: APPROVAL OF AN AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT FOR THE PREPARATION OF PHASE II OF A FATS, OII AND GREASE CONTROL PROGRAM STUDY. Recommendation: That the City Council: 1) Approve an agreement with the Orange County Sanitation District for the preparation of Phase II of a Fats, Oil and Grease Control Program Study; and 2) Appropriate $5,000 from the fund balance of the Sewer Fund to Account No. 4187-41-219-08 to pay for the City's proportionate share of the cost of the study. Item No. 7: AWARD OF CONTRACT FOR REMOVAL OF UNDERGROUND STORAGE TANKS AT CITY CORPORATION YARD, PUBLIC WORKS PROJECT NO. 2003-51. Recommendation: That the City Council: 1) Determine McCarran Environmental to be a non-responsible bidder and the bid from McCarran Environmental to be non- responsive; and 2) Determine the lowest responsible bidder for Public Works Project No. 2003-51 to be The Reynolds Group, Post Office Box 1996, Tustin, California 7 CITY COUNCIL MINUTES JANUARY 12, 2004 87 92781; and 3) Award a contract for the Removal of Underground Storage Tanks at the City Corporation Yard in the amount of $51,790 to The Reynolds Group; and 4) Authorize $5,179 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. Item No. 8: ACCEPTANCE OF REPAIR OF SEWER LINE IN ORANGE AVENUE: WEST OF MOODY STREET, PUBLIC WORKS PROJECT NO. 2003-05. Recommendation: That the City Council: 1) Accept the Repair of Sewer Line on Orange Avenue West of Moody Street, Public Works Project No. 2003-05, as being satisfactorily completed in substantial conformance with the project specifications in the final amount of $27,889; and 2) Approve the final retention payment of $2,788.90, 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. 10: APPROPRIATION OF CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT FUNDS. Recommendation: That the City Council: 1) Approve an increase to estimated revenues in the General Fund in Other Grants, Account No. 3525-11-999-99, for $6,206; and 2) Approve the appropriation of $6,206 from the unreserved fund balance of the General Fund to Small Tools and Equipment, Account No. 4113-11-184-05. Item No. 12: ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING MEMBER CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS). Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, regarding member contributions to the Public Employees' Retirement System (PERS). RESOLUTION NO. 5729 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, REGARDING MEMBER CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS). RESOLUTION NO. 5730 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, REGARDING RETIREMENT CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 5731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX-OFFICIO BOARD OF DIRECTOR8 OF THE CYPRE~@ RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, REGARDING RETIREMENT CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) FOR PUBLIC SAFETY MEMBERS OF THE CYPRESS POLICE OFFICERS' ASSOCIATION. 88 CITY COUNCIL MINUTES JANUARY 12, 2004 Item No. 13: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2004. Recommendation: That the City Council receive and file the report on Agreed-Upon Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year Ending June 30, 2004. Item No. 14: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 3012003. Recommendation: That the City Council receive and file the Single Audit Report of the City of Cypress for the Fiscal Year Ended June 30, 2003. Item No. 15: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30, 2003. Recommendation: That the City Council receive and file the Comprehensive Annual Financial Report of the City of Cypress for the Fiscal Year Ended June 30, 2003. Item No. 16: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2003. Recommendation: Receive and file. Item No. 17: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 62558 THROUGH 62903. Recommendation: Approve the attached warrant register. RECREATION & PARK DISTRICT MATTERS: Item No. 18: APPROVAL OF SENIOR CITIZENS NUTRITION AMENDMENT NO. 7 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR A SIX-MONTH PERIOD, JANUARY 1, 2004, THROUGH JUNE 30, 2004. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve Amendment No. 7 to Agreement No. C-8-0189 with the Orange County Transportation Authority, extending the term of the Agreement for six months, January 1,2004 through June 30, 2004, with no changes to the cost per passenger trip or to the terms and conditions of the Agreement. Item No. 19: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES APPLIED TO THE CYPRESS RECREATION AND PARK DiSTRICT',C; APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2004. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, receive and file the report on Agreed-Upon Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit for the Fiscal Year Ending June 30, 2004. Re~lardinqltemN0.9: APPROVAL OF SEWER MASTER PLAN, SEWER CONDITION ASSESSMENT PLAN, AND SEWER FLOW MONITORING, PUBLIC, WORKS PROJECT NOS. 2000-06, 2001-16, AND 2002-24, Council Member McGill stated that Cypress is one of the few cities in Orange County that has not had a major sewer leak and has taken an aggressive approach in maintaining the sewers. The Public Works Director stated that this is a cooperative project between the City and the Orange County Sanitation District to reduce the flow into the District's system. He CITY COUNCIL MINUTES JANUARY 12, 2004 89 stated that a master plan and flow monitoring was done, and close circuit television inspection of approximately 20% of the lines in the City. It was moved by Council Member McGill and seconded by Mayor Pro Tem Piercy, that the City Council: 1) Approve Amendment No. 4 to Cooperative Project Program Contract No. 0001 with Orange County Sanitation District; and 2) Approve Amendment No. 2 to Cooperative Project Program Contract No. 0103 with Orange County Sanitation District; and 3) Approve Amendment No. 2 to Cooperative Project Program Contract No. 0123 with Orange County Sanitation District; and 4) Approve Sewer Master Plan, Sewer Condition Assessment Plan, and Sewer Flow Monitoring, Public Works Project Nos. 2000-06, 2001-16, and 2002-24; and 5) Authorize the City Manager to execute Amendment No. 4 to Contract No. 0001, Amendment No. 2 to Contract No. 0103, Amendment No. 2 to Contract No. 0123 for Cooperative Project Program Agreements with Orange County Sanitation District; and 6) Authorize staff to submit all deliverables and requests for reimbursement to Orange County Sanitation District. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGill, Sondhi, Piercyand Keenan 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McCoy Re.qardin.q Item No. 11: ACCEPTANCE OF DONATION FOR POLICE TRAINING, Council Member McGill asked the Chief of Police for information on the donation. The Chief of Police stated that a Cypress business owner donated the money and asked that the funds be utilized in an ongoing training effort for the Police Department. It was decided that one of the two existing canine teams that is not yet narcotic trained would be trained in that area and one of the City's detectives would be sent to the Delinquency Control Institute at USC that emphasizes community collaboration in the area of juvenile delinquency and crime prevention. It was moved by Council Member McGill and seconded by Mayor Pro Tem Piercy, that the City Council: 1) Accept the donation in the amount of $5,000, and increase estimated revenues (3711-11, expense reimbursement) in the General Fund; and 2) Appropriate $5,000 from the unreserved fund balance of the General Fund to Account No. 4220-11-167-05 (P.O.S.T. Training). The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy and Keenan 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: McCoy END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 20: SECOND READING OF ZONING ORDINANCE AMENDMENT NO, 2003- 08, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE TABLE 25.7(A) REGARDING PARKING STANDARDS FOR TAKE-OUT OR LIMITED SEATING RESTAURANTS. It was moved by Mayor Pro Tern Piercy and seconded by Council Member Sondhi, to adopt the Ordinance by title only, and waive further reading, amending Section 25, Appendix "A" of the Cypress Zoning Ordinance (Signs), amending Table 25.7(A) regarding parking requirements for restaurant uses. 10 90 CITY COUNCIL MINUTES JANUARY 12, 2004 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy and Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy ORDINANCE NO 1051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 25, APPENDIX "A" OF THE CYPRESS ZONING ORDINANCE (SIGNS), AMENDING TABLE 25.7(A) REGARDING PARKING REQUIREMENTS FOR RESTAURANT USES. UNFINISHED BUSINESS No items. NEW BUSINESS Item No. 21: CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2003-29, CYPRESS CIVIC CENTER RENOVATION/CIVIC CENTER IMPROVEMENT PHASE I. The Assistant Community Development Director provided background information on this item. Council Member McGill asked about the landscaping near the skate park. The Assistant Community Development Director stated that the design of the park will eliminate any potential areas that would be worn down by skaters or skateboards. Council Member Sondhi asked about the timeline of the project. The Assistant Community Development Director stated that grading by Fieldstone could begin in a few weeks. The Public Works Director stated that construction could begin in March and could take four to six months to complete. It was moved by Mayor Pro Tem Piercy and seconded by Council Member McGill, that the City Council: 1) Adopt the Resolution by title only, approving Design Review Committee Permit No. 2003-29 - with conditions; and 2) Certify the Mitigated Negative Declaration (De Minimus) and Mitigation Monitoring Program; and 3) Approve the plans and specifications for Civic Center Improvement Phase I, Public Works Project No. 2003-11, and authorize staff to advertise the project for bids. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy and Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy RESOLUTION NO. 5732 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2003-29 - WITH CONDITIONS. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 11 CITY COUNCIL MINUTES JANUARY 12, 2004 9t CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Redevelopment Agency was reconvened at 8:57 p.m. PRESENT: ABSENT: The Cypress City Council, Agency Board Members McGill, Sondhi, Agency Vice Chairperson Pieroy, Agency Chairperson Keenan Agency Board Member McCoy It was moved by Agency Board Member Sondhi and seconded by Agency Vice Chair Piercy, to approve Consent Calendar Item No. 22. The motion was unanimously carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: McGilI, Sondhi, Piercy and Keenan NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: McCoy Consent Calendar: Item No. 22: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2003. Recommendation: That the Cypress Redevelopment Agency Board receive and file the Component Unit Financial Report of the Cypress Redevelopment Agency for the Fiscal Year Ended June 30, 2003. END OF CONSENT CALENDAR ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Keenan requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended an Orange County leadership seminar in Lake Arrowhead with Mayor Keenan. Attended an C.C. Fire Authority meeting where Proposition 172, funding for public safety organizations, was discussed. Mayor Pro Tem Piercy: Attended the National League of Cities conference in Nashville. Attended an C.C. Sanitation District meeting where the Fats, Oil and Grease (FOG) Program was discussed. Mayor Keenan: Attended an C.C. Transportation Authority meeting where the Board of Directors reorganized and the locally preferred alternative alignment for Centerline was approved. Attended an Orange County leadership seminar in Lake Arrowhead. Attended an C.C. League of Cities meeting where the issue of new membership for O.C.T.A. was postponed until February. Attended an C.C. Transportation Authority Transit Planning and Operations committee meeting where a discussion was held on the locally preferred alignment for Centerline. Traveled to Sacramento on behalf of O.C.T.A. to 12 92 CITY COUNCIL MINUTES JANUARY 12, 2004 testify before the California Transportation Commission related to funding for transportation in Orange County. Attended two Eagle Court ceremonies before the holidays. Council Member McGill recognized Mayor Keenan's efforts and hard work serving as Chair of the O.C. Transportation Authority. ITEMS FROM CITY MANAGER: The City Manager thanked the Mayor and Council Members for the flowers sent to his mother's funeral and Council Member McGill for attending the funeral. ADJOURNMENT: Mayor Keenan adjourned the meeting at 9:18 p.m. in memory of Rose Importuna to Monday, January 19, 2004, beginning at 5:00 p.m. in the Executive Board Room. MAYOR OF THE CITY OF CYPRESS ATTEST: I~Y CLERK OF T-HE CITY OF CYPRESS 13