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Minutes 2004-06-14 183 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 14, 2004 A regular meeting of the Cypress City Council was called to order at 5:02 p.m. by Mayor Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members McCoy, Sondhi, Mayor Pro Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan ABSENT: Council/Agency Board Member McGill STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Chief of Police, Acting Public Works Director, Recreation and Community Services Director, Administrative Services Manager, City Clerk, and Deputy City Clerk. The City Clerk stated that staff has reviewed the election process and ways that process could possibly be improved, not only for the candidates but also more efficient for staff as well. The City Clerk stated the three major areas being addressed are the political sign ordinance, nomination filing fee, and voter information/sample ballot that Cypress produces for the residents. She stated that the political sign Ordinance was adopted in 1996, which gave the basics in terms of signage posting and the stipulation to adopt a Resolution to charge a removal fee to candidates or organizations that did not adhere to the requirements. This Resolution was never adopted. In 1998, the Zoning Code was comprehensively updated, leaving only the posting requirements in place. In 2001, the City Council adopted a new Ordinance in terms of temporary signs and banners and did not specifically spell out political signage. In 2002, Maintenance staff removed more campaign signs than in the past, due to the County and State initiative measures and also because of confusion over what was private and public property. Since a Resolution was not in place, the City could not recover costs for staff time. The City Clerk stated that based upon response from the Executive Team, a county- wide survey was conducted regarding political sign ordinances, sign removal fees, nomination filing fees, and sample ballots. A working group was formed to review existing campaign Ordinances and determine what, if any, modifications were required. The working group developed four recommendations that would improve upon the process: 1) Political signs be limited to 16 square feet in total size and installed no higher than eight feet above grade; 2) No more than three political signs be displayed per parcel for each candidate; 3) Candidates have the name of their committee, address and identification number on the signs; and 4) The ability for the City to recover costs associated with the removal of any sign installed on public property. In order to implement the recommendations, the City Council would need to adopt an Ordinance amendment relating to the regulation of political campaign signs and adopt a Resolution establishing a fee for removal and disposal of campaign signs. Council Member McCoy stated that in order to charge someone for a sign, it would be necessary to know that person actually put the sign up. Mayor Pro Tem Piercy stated the problem only occurs once every couple of years and she feels a bigger problem will be created by charging a fee for sign removal. Council Member Sondhi stated that possibly the City could establish a fee for candidates who do not pick up their signs after the election. She suggested an upfront refundable fee prior to the signs going up and a charge per sign that is not removed. 184 CITY COUNCIL MINUTES JUNE 14, 2004 The City Clerk stated that the two major costs associated with the nomination papers are staff time and signature verification through the County. The Elections Code authorizes the City Council to impose a filing fee not to exceed $25, which several cities have implemented. The City Clerk stated that the City of Cypress has prepared a separate sample ballot for all General Municipal Elections since 1994 and is the only city in the County to do this. It can become confusing when the County and City are sending out two separate sample ballots. The cost to prepare the sample ballot through the City's election consultant is an increase of $11,000 over consolidation with the County. Mayor Pro Tem Piercy stated that homes should be allowed to put signs and banners on their property. She stated that the City should not charge to remove any signs prior to the election. It was the consensus of the Council to approve the $25.00 filing fee for nomination papers. Council Member McCoy stated that he would agree to charge candidates who do not remove their signs after the election and revisit the issue if compliance isn't achieved. It was the consensus of the Council to charge $10.00 per sign for removal after the 10 day period after the election. It was the consensus of the Council for the City to not print its own sample ballot and consolidate with the County. Council Member McCoy stated that he did not like restricting the size of the political signs. It was the consensus of the Council to not restrict the size of signs or a limit the number of signs per location. 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. The City Attorney reported that the City Council and Redevelopment Agency would be meeting in a Joint Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et aI., Case Number 04CC00136, Orange County Superior Court - Civil Complex Center. The City Attorney reported that the City Council and Redevelopment Agency would be meeting in a Joint 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 aI., Orange County Superior Court, Case No. 03CC11128. 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 7:04 p.m. by Mayor Keenan. 2 185 CITY COUNCIL MINUTES JUNE 14, 2004 PRESENT: Council/Agency Board Members McCoy, Sondhi, Agency Vice Chair/Mayor Pro Tem Piercy, Mayor/Agency Chair Keenan. ABSENT: Council/Agency Board Member McGill STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Chief of Police, Acting Public Works Director, Recreation and Community Services Director, Police Captain, Administrative Services Manager, Housing Coordinator, Finance Manager, Personnel Manager, City Clerk, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chief Hicks. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a City tile plaque to William W. Wynder, City Attorney, in commemoration and celebration of the one year anniversary of Aleshire & Wynder, LLP. 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 a workshop was held with the City Clerk to discuss items regarding the November 2, 2004 General Municipal Election. The items discussed were the political sign Ordinance issues, nomination filing fees, and voter information sample ballot issues. The City Clerk was given direction to come back with changes for Council approval. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Redevelopment Agency did not meet 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. The City Attorney reported that the City Council and Redevelopment Agency met in a Joint Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et aI., Case Number 04CC00136, Orange County Superior Court - Civil Complex Center. The City Attorney stated that for the past two weeks the parties have been negotiating a detailed written settlement agreement between them, which would permit the construction of the Cottonwood Christian Center at the corner of Lexington Drive and Katella. The parties have made great progress in developing and documenting the terms and conditions of a settlement. There remains one issue on which the City of Cypress and City of Los Alamitos were at different positions, which deals with the right of Cypress to divert northbound traffic on the new Lexington extension east and west at Cerritos rather than permitting northbound traffic up into the residential neighborhoods on Denni. The terms and conditions under which this right would be granted are not in agreement between the two parties, and as of this evening, the City of Cypress is at impasse with the City of Los Alamitos. The City Council of the City of Cypress unanimously rejected the settlement agreement in its present form, has declared an impasse, and given staff and 3 186 CITY COUNCIL MINUTES JUNE 14, 2004 the City Attorney additional direction to attempt to negotiate a resolution to the dispute on how to handle northbound traffic off of Lexington Drive onto Cerritos. The City Attorney reported that the City Council and Redevelopment Agency met in a Joint 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 aI., Orange County Superior Court, Case No. 03CC11128. The City Attorney stated that staff responded to questions and provided the City Council with a final briefing on the terms and conditions of the settlement agreement, which counsel recommends that the Council and Agency adopt. 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. John Hall and Darlene Allen, Cypress Pops Orchestra, presented official Cypress Pops Orchestra 2004 season t-shirts to the City Council and staff. Willard Andre, Cypress, spoke regarding an increase in air traffic in Cypress. Mayor Keenan stated that the Base Commander at the Joint Forces Training Base is interested in holding a town hall meeting for the residents of Cypress to explain what is occurring at the Base and what has been perceived as an increase in helicopter traffic. 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 THE CONSIDERATION OF ISSUANCE BY THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE TARA VILLAGE APARTMENTS LOCATED AT 5201 LINCOLN AVENUE. The Housing Coordinator provided background information on this item. Council Member Sondhi asked about the proportion of units that would be for low and very low income residents. The Housing Coordinator stated that 20% of the units would be for very low income and the remaining 80% would be for lower income applicants. Mayor Keenan asked what the City's role is in the bond process. The Housing Coordinator stated that this is a formality associated with the bonds that allows the City to give its approval to the issuance of bonds. The City is not financially obligated. The public hearing was opened. The applicant, Bill Hirsch, President, Affordable Housing Access Corporation, stated that they are looking to purchase the property. Council Member McCoy asked how many tenants there are currently. Mr. Hirsch stated there are approximately 170 apartments. Council Member McCoy asked how many residents would be displaced to meet the low and very low income requirements. 4 187 CITY COUNCIL MINUTES JUNE 14, 2004 Mr. Hirsch stated that approximately 25% would be affected. Mayor Keenan asked about plans for rehabilitation. Mr. Hirsch stated that there is currently a rehabilitation budget of $3,124,000 for new roofing, pipes, and learning center expansion. 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. Council Member McCoy stated his concern over displacing 125 Cypress residents in order to meet the low and very low income requirements, and that he does not see that as a benefit for the community. Mayor Pro Tem Piercy asked if this will help the City's commitment for affordable housing. The Housing Coordinator stated that the City cannot receive inclusionary credit solely based on the receiving of these bonds, but if the affordability is already in place, it will make it easier for the City to enter into an agreement and piggyback on the existing affordability. It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, to reopen the public hearing. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill Mr. Hirsch stated that presently 20% of the apartments are set aside for families that make under 50% the median income, 75% of the units are restricted for families who make under 80% of the median, and the balance are unrestricted. In practice, all of the units have been restricted to families who make under 80% of the median income. He stated that for the past year everyone an apartment has been rented to will qualify for the new financing. He stated that rents are currently $100 per month per unit under the market rate and with the financing the rents will be approximately $200 per month under the market rate. The public hearing was closed. Council Member McCoy stated that the benefit is to the property owner and not to the City, and he doesn't see the advantage of 25% of the residents being displaced so the company can qualify for a loan. It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, to adopt the Resolution by title only, approving execution and delivery by the ABAG Finance Authority for Nonprofit Corporations of the issuance of bonds relating to the Tara Village Apartments and BCC Corporation. The motion was carried by the following roll call vote: AYES: 3 NOES: 1 ABSENT: 1 COUNCIL MEMBERS: Sondhi, Piercy and Keenan COUNCIL MEMBERS: McCoy COUNCIL MEMBERS: McGill 5 188 CITY COUNCIL MINUTES JUNE 14, 2004 RESOLUTION NO. 5763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING EXECUTION AND DELIVERY OF THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS OF THE ISSUANCE OF BONDS RELATING TO THE TARA VILLAGE APARTMENTS AND BCC CORPORATION. Item NO.2: PUBLIC HEARING REGARDING LAW ENFORCEMENT BLOCK GRANTS: FEDERAL GRANTS UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANTS 2003. The Chief of Police provided background information on this item. 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. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Piercy, that the City Council: 1) Conduct a public hearing consistent with the requirements of the Local Law Enforcement Block Grant to obtain public input on how the Police Department intends to spend the grant funds; and 2) Accept the awarded grant sum of $19,966 from the federal government. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill 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 Keenan requested Item No. 22 be pulled from the Consent Calendar. It was moved by Council Member McCoy and seconded by Council Member Sondhi, to approve Consent Calendar Items NO.3 through 21. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill Item No.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 24, 2004. Recommendation: That the City Council approve the Minutes of the Meeting of May 24, 2004, as submitted, with Mayor Keenan abstaining on the Minutes due to his absence from the meeting. Item NO.4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 6 189 CITY COUNCIL MINUTES JUNE 14, 2004 Item NO.5: ADOPTION OF RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION FOR CONTRACT PERIOD JULY 1, 2004 THROUGH JUNE 30, 2007. Recommendation: That the City Council adopt the Resolution by title only, ratifying the Memorandum of Understanding between the City of Cypress and the Cypress Maintenance Employees' Association. RESOLUTION NO. 5764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS, AND CONDITIONS OF EMPLOYMENT. Item NO.6: ADOPTION OF RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 970 REGARDING EMPLOYER-EMPLOYEE RELATIONS. Recommendation: That the City Council adopt the Resolution by title only, approving a side letter of agreement between the City of Cypress and the Cypress Police Officers' Association and Cypress Employees' Association regarding unit modification and amending Resolution No. 970 pertaining to relations and communications between the City of Cypress and its employees. RESOLUTION NO. 5765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION AND CYPRESS EMPLOYEES' ASSOCIATION REGARDING UNIT MODIFICATION AND AMENDING RESOLUTION NO. 970 PERTAINING TO RELATIONS AND COMMUNICATIONS BETWEEN THE CITY OF CYPRESS AND ITS EMPLOYEES. Item NO.7: APPROVAL OF AMENDMENT TO AGREEMENT FOR PROVISION OF EMERGENCY MEDICAL TRANSPORTATION AND RELATED SERVICES WITH MEDIX AMBULANCE SERVICE, INC. Recommendation: That the City Council, based on the recommendation of the Orange County Fire Authority and the City's Board Member Representative, Council Member McGill, approve the Amendment to Agreement to extend the current contract with Medix Ambulance Service to provide Emergency Medical Transportation Services for the City for an additional two months from the period June 30, 2004 through August 31, 2004. Item NO.8: AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A 1 OC, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 S. La Cienega Blvd., Los Angeles, CA 90035, for an amount not to exceed $153,202 per year. Item No.9: APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2004-05. Recommendation: That the City Council: 1) Adopt the Resolution by title only, approving the City's participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds; and 2) Authorize the Mayor, City Manager, Assistant City Manager, and/or their designees to execute the two associated 7 190 CITY COUNCIL MINUTES JUNE 14,2004 contracts, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council. RESOLUTION NO. 5771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE EXECUTION OF TWO CONTRACTS FOR THE AWARD OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THROUGH THE COUNTY OF ORANGE FOR THE PROGRAM YEAR SPANNING JULY 1, 2004 THROUGH JUNE 30, 2005. Item No. 10: APPROVAL OF COUNTY OF ORANGE MAP CHECK AGREEMENT NO. D04-037. Recommendation: That the City Council approve the County of Orange Map Check Agreement No. D04-037 and authorize the Mayor to execute all necessary documents. Item No. 11: EXECUTION OF PROMISSORY NOTE 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 Note (Exhibit "B") in the amount of $7,000,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments, proceeds from the sale of property or other available project area revenue sources. Item No. 12: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-05, A REQUEST TO CONSTRUCT A 6,000 SQUARE FOOT RETAIL BUILDING LOCATED AT 5371 LINCOLN AVENUE WITHIN THE DOWNTOWN AREA OF THE LINCOLN AVENUE SPECIFIC PLAN. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2004-05 - with conditions. RESOLUTION NO. 5766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-05 - WITH CONDITIONS. Item No. 13: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-06, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR THE CYPRESS GATEWAY BUSINESS PARK LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND YAMAHA WAY. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2004-06 - with conditions. RESOLUTION NO. 5767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-06 - WITH CONDITIONS. Item No. 14: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE THE PROJECT FOR BID FOR CYPRESS ACRES STREET AND STORM DRAIN IMPROVEMENTS, PHASE 4, MERTEN AVENUE AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2003-09. Recommendation: That the City Council: 1) Approve the plans and specifications for Cypress Acres Street and Storm Drain Improvements, Phase 4, Merten Avenue and La 8 CITY COUNCIL MINUTES 191 JUNE 14,2004 Salle Street, Public Works Project No. 2003-09; and 2) Authorize staff to advertise the project for bid. Item No. 15: ANNUAL REQUALlFICATION OF PARTICIPATING CITIES IN THE COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). Recommendation: That the City Council adopt the Resolution by title only, informing the Orange County Transportation Authority (OCT A) that the Circulation Element of the Cypress General Plan conforms to the County Master Plan of Arterial Highways (MPAH). RESOLUTION NO. 5768 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS. Item No. 16: APPROVAL OF THE CITY ENGINEER'S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, PUBLIC WORKS PROJECT NO. 8615-90. Recommendation: That the City Council adopt the Resolutions by title only, approving the City Engineer's Report and establishing a public hearing for July 12, 2004, declaring the City Council's intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. RESOLUTION NO. 5769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY ENGINEER'S REPORT DATED JUNE 14,2004, IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1. RESOLUTION NO. 5770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 2004-05, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Item No. 17: ACCEPTANCE OF FINAL TRACT MAP NO. 16555. PROPERTY LOCATED AT 4891 CERRITOS AVENUE. Recommendation: That the City Council approve Final Tract Map No. 16555 and authorize the City Clerk to sign the record map. Item No. 18: ACCEPTANCE OF FINAL TRACT MAP NO. 16564. PROPERTY LOCATED AT 10800 WALKER STREET. Recommendation: That the City Council approve Final Tract Map No. 16564 and authorize the City Clerk to sign the record map. Item No. 19: APPROPRIATION OF FUNDS FOR THE PURCHASE OF POLICE MOBILE DATA COMPUTER (MDC) DISPLAY MONITORS. Recommendation: That the City Council: 1) Approve the sale of surplus Vehicle Radio Modems (VRM's) and approve an increase of $25,500 in estimated revenue (3700-90) received from the sale of the VRM's; and 2) Approve an appropriation increase of 9 192 CITY COUNCIL MINUTES JUNE 14, 2004 $25,500 to account number 4305-90-656-35 for the purchase of Mobile Data Computer (MDC) display monitors. Item No. 20: APPROVAL OF REINSTATEMENT FROM INDUSTRIAL DISABILITY RETIREMENT AS A MEMBER OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - MATTHEW ROBINSON. Recommendation: That the City Council approve the reinstatement of Matthew Robinson from industrial disability retirement as a member of the California Public Employees' Retirement System. Item No. 21: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 64927 THROUGH 65159. Recommendation: Approve the attached warrant register. RECREA nON & PARK DISTRICT MA TTERS: Reqardinq Item No. 22: AWARD OF CONTRACT FOR THE PURCHASE OF TWO (2) VEHICLES, Mayor Keenan asked what type of vehicle is being purchased. The Recreation and Community Services Director stated that the car that is being purchased is a Honda Civic hybrid, which will be the City's first hybrid vehicle. Mayor Pro Tem Piercy asked what type of van is being purchased. The Recreation and Community Services Director stated that it is a large passenger van that can also be used for hauling of materials. It was moved by Mayor Keenan and seconded by Mayor Pro Tem Piercy, that the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Award a contract to purchase one (1) van and one (1) car from Wondries Fleet Division, 1247 W. Main Street, Alhambra, CA 91800, in the amount of $52,114.37; and 2) Approve the additional appropriation of $2,115.00 from the Recreation and Park District Equipment Replacement Fund (4365-83-654-39) for the purchase of two (2) vehicles. END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) No items. UNFINISHED BUSINESS No items. NEW BUSINESS Item No. 23: ADOPTION OF AN ORDINANCE TO REPEAL CHAPTER 2A OF THE CYPRESS MUNICIPAL CODE AND REPLACE WITH NEWLY ESTABLISHED GENERAL OPERATING PROCEDURES AND STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES. The Administrative Services Manager provided background information on this item. Mayor Keenan asked about the term of the contract. The Administrative Services Manager stated that it is a five year contract with a five year option of extension. The previous contract was for three years. Mayor Keenan stated that he has concerns over a five year contract. 10 CITY COUNCIL MINUTES 193 JUNE 14, 2004 Mayor Pro Tem Piercy stated that one of the advantages to long term contracts is an established rate. Council Member McCoy stated that he also has concerns regarding a five year contract and would like the final decision on which company will provide ambulance services to be made by the City. Council Member Sondhi asked about the criteria checklist used for evaluating service providers. The Administrative Services Manager stated that a professional grading panel reviewed the RFP's that were submitted and nine companies were successful in passing the pre- qualifying process. The panel then used a strict grading process that will be provided to each of the member services that included grading on quality of service, level of service, rates charged for services, cost, if anything, to the agency, experience, and if the bid was responsible. She stated that the City does have the right to make the overall determination as to which emergency service operator the City would like at the July 22nd O.C. Fire Authority meeting. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Piercy, that the City Council introduce the Ordinance for first reading by title only, repealing Chapter 2A of the Cypress Municipal Code and establishing new general operation procedures and standards for ambulance transportation services within the City. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING CHAPER 2A OF THE CYPRESS MUNICIPAL CODE AND ESTABLISHING NEW GENERAL OPERATION PROCEDURES AND STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES WITHIN THE CITY. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. It was moved by Agency Board Member Sondhi and seconded by Agency Vice Chair Piercy, to approve Consent Calendar Item No. 24. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 AGENCY MEMBERS: McCoy, Sondhi, Piercy and Keenan o AGENCY MEMBERS: None 1 AGENCY MEMBERS: McGill Consent Calendar: Item No. 24: EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency authorize Agency staff to execute the Repayment Agreement and Promissory Note (Exhibit "B") in the amount of 11 194 CITY COUNCIL MINUTES JUNE 14, 2004 $7,000,000 with the City of Cypress, with the repayment by the Agency being made from future tax increments, proceeds from the sale of property or other available project area revenue sources. END OF CONSENT CALENDAR New Business: Joint Item with the Cypress City Council: Item No. 25: APPROVAL OF SETTLEMENT AGREEMENT AND ASSOCIATED AFFORDABLE HOUSING AGREEMENT FOR DEVELOPMENT OF THE PROPERTY LOCATED AT 4801 LINCOLN AVENUE. The Housing Coordinator provided background information on this item. It was moved by Agency Board Member Sondhi and seconded by Agency Vice Chair Piercy, that the City Council approve the Settlement Agreement and Associated Affordable Housing Agreement and authorize the execution of the Agreement by the Mayor; and 2) That the Cypress Redevelopment Agency approve the Settlement Agreement and Associated Affordable Housing Agreement and authorize the execution of the Agreement by the Agency Chair. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIUAGENCY MEMBERS: McCoy, Sondhi, Piercy and Keenan o COUNCIUAGENCY MEMBERS: None 1 COUNCIUAGENCY MEMBERS: McGill ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mary Crowder, Cypress, spoke regarding Holder Bridge editorials in the News Enterprise. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Keenan requested reports from the Council Members on their respective committee assignments. Council Member McCov: Interviewed applicants for City commission vacancies. Mavor Pro Tem Piercv: Attended an O.C. Sanitation District meeting where it was decided to name the District boat "Narissa." Mavor Keenan: Attended the County Leaders Prayer Breakfast. Attended the Police Department Open House. Attended the Mayor's Outreach mural event at King School. Attended the Police Officers Association dinner. Attended the ICSC Conference in Las Vegas. Attended the scholarship awards program at Cypress High School. Provided a mini State of the City speech at local Coldwell Bank office. Attended the Memorial Day Service at Forest Lawn. Attended the King School presentation of "Oz." Attended a SR 91 Advisory Board meeting where the toll policy was discussed. Attended the Chamber of Commerce Installation dinner. Attended the American Legion flag pole dedication. Attended the Cypress Pops Concert on the Green. Attended an O.C. Transportation Authority meeting where the MIS recap for the 405 Freeway corridor was presented. 12 195 CITY COUNCIL MINUTES JUNE 14, 2004 ITEMS FROM CITY MANAGER: The City Manager asked about the 55 Freeway overpass issue. Mayor Keenan stated that CalTrans was able to obtain financing to complete the job by the end of the year. He stated that more damage was found than expected and the reconstruction project was more complicated. Mayor Keenan stated that an O.C. Transportation sign was knocked down in a car accident in Buena Park and someone tripped over the stub of the sign that was left. He stated that part of the problem was communicating to OCT A that there was damaged equipment. ADJOURNMENT: Mayor Keenan adjourned the meeting at 8:36 p.m. to Monday, June 28, 2004, beginning at 5:30 p.m. in the Executive Board Room. ~~ MAYOR OF THE CITY OF CYPRESS ATTEST: 13