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Minutes 2004-06-28 196 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 28, 2004 A regular meeting of the Cypress City Council was called to order at 5:04 p.m. by Mayor Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Mayor/Agency Chair Keenan ABSENT: Mayor Pro Tem/Agency Vice Chair Piercy STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Acting Public Works Director, Recreation and Community Services Director, Assistant Community Development Director, Administrative Services Manager, Recreation Superintendent, City Clerk, and Deputy City Clerk. The Recreation and Community Services Director stated that staff has identified areas of the Facility Use Policy that needed consideration and revisions. Studies have been done of other cities and discussions held with other cities regarding their policies and procedures. The Recreation Superintendent stated that staff's goal was to create an all encompassing document that had language and guidelines for the rental of all City facilities, to have user-friendly guidelines for fee collections and cancellation policy, and to add language to protect City facilities and equipment. She stated that the revisions have been presented to the Recreation Commission and the City Attorney, which reflects their changes. Staff also met with Mayor Pro Tem Piercy who had some suggested changes as well. The Recreation Superintendent stated that there are seven main areas that require modification to better manage the process and provide clear established regulations. The first is facility rental fees and the deposit/collection procedure. Current policy requires all fees up front and residents can rent a facility up to 15 months in advance. Non-residents can rent a facility up to 11 months in a(jvance. Staff is recommending that half of the rental fee and a $100 booking fee be required when reserving a facility 120 days or more in advance. The booking fee will be applied toward the rental fee. Booking timelines will remain the same for the large auditorium rooms (30 days), however, the smaller rooms, moon bounces, and park pavilion reservations can be made up to 10 days in advance. The Recreation Superintendent stated the current cancellation policy is broken down into different levels of refunding amounts based on the number of days prior to the event that cancellation occurs. Staff recommends revising the policy so that if a cancellation occurs 120 days or more prior to the event, the booking fee will be retained and all other fees be refunded. If cancellation occurs 119 to 90 days prior, the reservation fee and 50% of rental fees will be retained. If cancellation occurs 89 to 30 days prior, the reservation fee and 75% of rental fees will be retained. If the cancellation occurs 29 days or less prior to the event, the reservation and all rental fees will be retained but the security deposit will be refunded. She stated that Mayor Pro Tem Piercy had suggested allowing applicants who have cancelled an event the opportunity to call in to see if the facility had been rented out. If it had been rented, they would be eligible for 50% of their fees back. CITY COUNCIL MINUTES 197 JUNE 28, 2004 The Recreation and Community Services Director stated that a request in writing would be required if that refund policy was approved. The Recreation Superintendent stated that current policy requires the hiring of licensed and bonded guards if alcohol will be served at an event. Current policy allows patrons to select their own firm, which has led to improper enforcement of facility policies. It is recommended that the policy be revised where a list of City-authorized security firms be provided to applicants for them to choose from. The Recreation Superintendent stated that additional language to the general facility use regulations is recommended as follows: 1) Add an enforcement section for penalties associated with damage to facilities; 2) Add a section for penalties for using facilities beyond the contracted time limit; and 3) Add a section that states the consequences of violating any portion of the contract, including the loss of security deposit and additional billing for damages beyond the deposit amount. She stated that the Recreation Commission recommended charging patrons double the hourly rate for using the facility beyond the contract time and Mayor Pro Tem Piercy suggested that this double rate be prorated by the half hour. The Recreation and Community Services Director statled that the current policy does not have a penalty for users who go beyond the contracted time. The current charge is just an additional hourly fee. The recommended chan!Je is a progressive penalty for every 30 minutes beyond the specified ending time. Tllis should provide incentive for users to conclude on time. The Recreation Superintendent stated that current policy allows only non-profit groups to sell alcohol. Private groups can serve alcohol but cannot charge for it. The recommended change would allow private groups to selll alcohol as long as the service is provided by an ABC licensed caterer or bartender. Non-profit groups are already required to receive an ABC license. The time limit for serving alcohol would be limited to six hours and two guards would be required with an additional guard for every 70 participants beyond 140 guests. The revision would also require general liability insurance when alcohol is available and full liquor liability insurance when alcohol is sold. The Recreation Superintendent stated that current policy does not have language for the rental of pavilions or obtaining a moonbounce permit. It is recommended that rental and permits be available to Cypress residents only, one permit per day per park be issued, fees not be refundable, reservations must be made 10 working days in advance, and alcohol not be permitted at any park or facility unless authorized. The Recreation and Community Services Director asked the City Council if the changes discussed should be included in the Facility Use Policy revisions. If so, the item will be pulled from the Consent Calendar. It was the consensus of the Council to include the changes for approval at tonight's meeting. Council Member Sondhi thanked staff for their hard work: on the policy revisions. 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, 241-09"1-24, 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. 2 198 CITY COUNCIL MINUTES JUNE 28, 2004 The City Attorney reported that the City Council and Hedevelopment Agency would be meeting in a Joint Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 549S6.9(a), City of Los Alamitos v. City of Cypress, Cypress Redevelopment Agency, et aI., Case Number 04CC00136, Orange County Superior Court - Civil Complex Center. 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 McCoy, McGill, Sondhi, Mayor/Agency Chair Keenan ABSENT: Mayor Pro Tem/Agency Vice Chair Piercy STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Acting Public Works Director, Recreation and Community Services Director, Assistant Community Development Director, Administrative Services Mana!;;ler, Recreation Superintendent, Associate Planner, Assistant Planner, Housing Coordinator, City Clerk, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Sondhi. INVOCATION: The invocation was given by Council ME!mber McGill. PRESENTATIONS: None. 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 discussion was held regarding Recreation and Park District policies and procedures and asked that Item No. 13 be pulled from the Consent Calendar to allow the Recreation and Community Services Director to provide a general overview of the discussion held at the workshop and action being taken. 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 met in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241-091-19, 241-091-20, 241-091-21,241-091-22,241-091-23, 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 a brief status report was provided and no reportable action was taken. The City Attorney reported that the City Council and Hedevelopment 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 3 CITY COUNCIL MINUTES 199 JUNE 28, 2004 Cypress, Cypress Redevelopment Agency, et aI., CasE~ Number 04CC00136, Orange County Superior Court - Civil Complex Center. The City Attorney stated that since the last City Council meeting, City staff, on some occasions City Council, and on some occasions an ad hoc subcommittee of the respectiv€~ City Councils, have met and conferred in an effort to address and resolve the previously reported impasse. There have been ongoing and significant negotiations regarding the issues involving diversion of northbound traffic off of the Lexington extension. The City Attorney stated that despite negotiations and some significant progress, there remains significant differences over language and the legal affect of the language, which continues the impasse. 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. Sheila Ledoux, Cypress, spoke regarding Conditional Use Permit No. 96-17. Joyce Baker, Cypress, spoke regarding Conditional Use Permit No. 96-17. 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. 2004-02, A REQUEST TO ESTABLISH A CONTRACTOR'S OFFICE AND STORAGE FACILITY WITHIN THE EXISTING BUILDING LOCATED AT 8953 WALKER STREET IN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. Council Member Sondhi asked about the planter bed at the location. The Associate Planner stated there will be a curb around the landscaped area both to separate the parking area as well as the driveway approach. Council Member Sondhi asked for clarification on the condition regarding the dedicated portion. The Associate Planner stated that the Walker Street right-of-way is not at its ultimate right-of-way width at that particular location, so in order to meet the ultimate width, the City is requesting a dedication of 12 feet along the Walkl9r Street frontage. The public hearing was opened. The applicant, Daniel Limp, stated that it is his intent is to restore the property. 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 Council Member McGill, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2004-02 - with conditions. 4 200 CITY COUNCIL MINUTES JUNE 28, 2004 The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy RESOLUTION NO. 577~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2004-02 - WITH CONDITIONS. Item No.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2004-03 AND TENTATIVE TRACT MAP NO. 16698, A REQUEST TO APPROVE A ONE-LOT SUBDIVISION AND CONSTRUCT SEVEN (7) CONDOMINIUMS ON THE PROPERTY LOCATED AT 8882 WALKER STREET ,^fITHIN THE CM COMMERCIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN AREA. The Assistant Planner provided background information on this item. The public hearing was opened. The applicant, Mark Korando, Vice President, Site Dev1elopment, Habitat for Humanity, stated that he has worked successfully with staff and that the project meets or exceeds City standards and brings affordable housing to Cypress. He has read and agrees with all of the Conditions of Approval. Council Member McCoy asked why wood siding was chosen over stucco. Mr. Korando stated that wood siding is more volunteer friendly and allows more involvement. Council Member Sondhi asked if the siding is woocl or man-made and about the potential problems with termites. Mr. Korando stated that the siding is a pressed wood byproduct with plastic resin, which has a lesser tendency for attack by termites. Mayor Keenan asked if Mr. Korando had experience creating CC&R's. Mr. Korando stated that Habitat for Humanity is committed to creating successful families. Board members are prominent land use attorneys who provide pro bono services to create the CC&R's for the homeowners association. Mayor Keenan asked if there was anyone who wished to speak in favor of the item. Bruce Grant, Cypress, spoke in favor of the project. Todd Seymore, Cypress, spoke in favor of the project. Mayor Keenan asked if there was anyone who wished to speak against the item. Karen Mendon, Cypress, stated her concerns regardin9 the possible number of people who could possibly inhabit each home. Mr. Korando stated that Habitat adheres to the Housing and Urban Development Standard, which limits occupancy to a maximum of nine people for a four bedroom home. Council Member McGill asked about enforcement policies and procedures for the property owners. 5 CITY COUNCIL MINUTES 201 JUNE 28. 2004 Mr. Korando stated that enforcement would begin with the homeowners association and then Habitat or the City could counsel the property owner. Council Member Sondhi asked about the average SiZE! of a family in a four bedroom home. Mr. Korando stated that the average size is between five! and seven people. The public hearing was closed. Council Member Sondhi asked if overflow parking was available. The Assistant City Manager stated that the streets around the project are public streets and that on-site parking meets the City code. It was moved by Council Member McCoy and seconded by Council Member McGill, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2004-03 and Tentative Tract Map No. 16698 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy RESOLUTION NO. 5773: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2004-03 - WITH CONDITIONS. RESOLUTION NO. 5774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 16698- WITH CONDITIONS. Mayor Keenan stated that he has confidence in this development because of the sweat equity required by the property owners, and the investment being made by Habitat for Humanity and the City. Item No.3: PUBLIC HARING REGARDING ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING SECTION 29.3"1 OF THE CYPRESS ZONING ORDINANCE RELATING TO THE REGULATION OF POLITICAL CAMPAIGN SIGNS. The City Clerk provided background information on this item. Council Member Sondhi asked the purpose of placing the state identification number on political signs and what a candidate should do if they did not have their identification number. The City Clerk stated that the state identification number is an additional measure for City staff to identify the signs and to contact committee members. The City Attorney stated that language could be addled regarding the identification number that states "and, if available at the time of posting." The public hearing was opened. Steve Blount, Cypress, asked if the sign requirements applied to all candidates. 6 202 CITY COUNCIL MINUTES JUNE 28, 2004 Mayor Keenan stated that it would apply to anyone who wanted to post a sign in Cypress. 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 asked if the City's ordinance would be sent to the O.C. Registrar so all candidates would have the information. The City Clerk stated it would be sent to the O.C. Regis1trar's office. The City Attorney stated that staff's concern was not so much local candidates but measures such as the previous airport ballot measures. He stated that language could be added with respect to the state law required identification number that would solve the issue. It was moved by Council Member Sondhi and seconded by Council Member McCoy, that the City Council: 1) Introduce the Ordinance for first reading by title only, amending Section 29.31 of the Cypress Zoning Ordinance relating to the regulation of political campaign signs, as amended; and 2) Adopt the Resolution by title only, amending Resolution No. 4220, establishing a fee for removal and disposal of political campaign signs, as amended. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 29.31 OF THE CYPRESS ZONING ORDINANCE RELATING TO THE REGULATION OF POLITICAL CAMPAIGN SIGNS. RESOLUTION NO. 57?!> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4220, ESTABLISHING A FEE FOR REMOVAL AND DISPOSAL OF POLITICAL CAMPAIGN SIGNS. Item NO.4: PUBLIC HEARING REGARDING ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS AMENDING THE CYPHESS MUNICIPAL CODE BY ESTABLISHING A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES OF SAID CITY. The City Clerk 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 Council Member Sondhi, that the City Council introduce the Ordinance for first reading by title only, amending the 7 CITY COUNCIL MINUTES 203 JUNE 28, 2004 Cypress Municipal Code by establishing a filing fee for candidates for elective offices of said city. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: Piercy ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CODE OF THE CITY OF CYPRESS BY ESTABLISHING A FILING FEE FOR CANDIDATES FOR ELECTIVE OFFICES OF SAID CITY. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calenc'iar" are to be considered by the City Council to be routine and will be enacted lW one motion approving the recommendations listed on the Agenda. Mayor Keenan requested that Item No. 13 be pulled from the Consent Calendar. Council Member McCoy stated that he would be abstaining from voting on Consent Calendar Item No. 10. It was moved by Council Member Sondhi and seconded by Council Member McCoy, to approve Consent Calendar Items NO.5 through 12 and 14. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Keenan o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Piercy Item No.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MAY 3, JUNE 7 AND JUNE 14. 2004. Recommendation: That the City Council approve the Minutes of the Meetings of May 3, June 7 and June 14, 2004, as submitted, with Council Member McCoy abstaining on the minutes of May 3, 2004, due to his absence from the meeting, Council Member Sondhi abstaining on the minutes of June 7, 2004, due to her absence from the meeting, and Council Member McGill abstaining on the minutes of June 14, 2004, due to his absence from the meeting. Item NO.6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.7: AWARD OF CONTRACT FOR REHABILITATION OF WALKER STREET, ORANGE AVNEUE, AND HOLDER STREET, PUBLIC WORKS PROJECT NO. 2003- 44. Recommendation: That the City Council: 1) Determine the lowest responsible bidder for Rehabilitation of Walker Street, Orange Avenue, and Holder Street, Public Works Project No. 2003-44, to be All American Asphalt; and 2) Award a contract for Public Works Project No. 2003-44, in the amount of $429,42B, to All American Asphalt, P.O. Box 2229, Corona, California 92878-2229; and 3) Authorize $42,942 (10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in quantities. 8 204 CITY COUNCIL MINUTES JUNE 28, 2004 Item NO.8: CERTIFICATION OF LOCAL PAVEMENT MANAGEMENT PROGRAM AS REQUIRED BY THE REVISED TRAFFIC IMPROVEMENT AND GROWTH MANAGEMENT PLAN (MEASURE M). Recommendation: That the City Council: 1) Certify that the City of Cypress has a Pavement Management Plan that will remain in place and be maintained to qualify for allocation of revenues generated from Measure M; and 2) Authorize the City Manager, or his duly designated representative, to execute the Local Pavement Plan Certification on behalf of the City of Cypress and to submit the document to the Orange County Transportation Authority (OCTA) as required by Measure M. Item NO.9: ADOPTION OF RESOLUTIONS REQUIHED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 2. 2004. Recommendation: That the City Council adopt the Hesolutions by title only, titles as follows, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2004, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 2, 2004, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. RESOLUTION NO. 577G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2,2004, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER. RESOLUTION NO. 577? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. Item NO.1 0: ADOPTION OF RESOLUTION SELECTING BOUNDARIES FOR THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE REDEVELOPMENT PROJECT AND APPROVING THE PRELIMINARY PLAN FORMULATED FOR THE PROPOSED CYPRESS MERGED AND AMENDED PROJECT, INCLUSIVE OF THE PROPOSED ADDED AREA, PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTIONS 33324 AND 33486. Recommendation: That the City Council adopt the Hesolution by title only, title as follows, with Council Member McCoy abstaining, sellecting boundaries for the area proposed to be added to the Lincoln Avenue Redevelopment Project and approving the Preliminary Plan for the proposed Cypress Merged and Amended Redevelopment Project Area, inclusive of the proposed added area. RESOLUTION NO. 577B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS THE PLANNING AGENCY SELECTING BOUNDARIES FOR THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE REDEVELOPMENT PROJECT AND APPROVING THE PRELIMINARY PLAN FOR THE PROPOSED CYPRESS MEFlGED AND AMENDED PROJECT AREA INCLUSIVE OF THE PROPOSED ADDED AREA. 9 CITY COUNCIL MINUTES 205 JUNE 28, 2004 Item No. 11: REVIEW OF INVESTMENT REPORT FOIR THE MONTH OF MAY, 2004. Recommendation: Receive and file. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 65160 THROUGH 65309. Recommendation: Approve the attached warrant regisIer. RECREA nON & PARK DISTRICT MA TTERS: Item No. 14: AUTHORIZATION OF A SUPPLEMENTAL APPROPRIATION AND TRANSFER FOR THE LEASING OF A NEW COPIER. Recommendation: That the City Council, acting as thle ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Authorize a transfer in the amount of $12,500 from the District's Equipment Replacement Fund (2200-83) to the District's General Fund (1200-12); and 2) Appropriate $4,944 from the District's General Fund to account 4215-12-301-10 for the Lease of a Replacement Copier. Reqardinq Item No. 13: APPROVAL OF RECOMMENDED CHANGES TO THE FACILITY USE POLICY, the Recreation and Community Services Director stated this was a workshop item earlier in the evening where the facility use policy revisions were presented to the City Council. She stated that seven main areas were discussed and the main areas the Council indicated an interest in adjusting were a change in the cancellation policy to reflect the opportunity for the party who cancels to send a written request no more than two weeks following the scheduled event for a 50% refund of their rental fee if the facility has been re-rented. The other change was the penalty suggested for those individuals who go past their encling time for their rental. There would be a penalty for using the facility beyond the contracted time to be collected at an hourly rental rate for each 30 minutes the renter remains in the facility past their contracted ending time. It was moved by Council Member Sondhi and seconded by Council Member McCoy, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, review and approve the recommended changes to the Facility Use Policy, as amended. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Keenan o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Piercy END OF CONSENT CALENDAR ORDINANCES: (SECOND READING) Item No. 15: SECOND READING OF ORDINANCE TO REPEAL CHAPTER 2A OF THE CYPRESS MUNICIPAL CODE AND REPLACE WITH NEWLY ESTABLISHED GENERAL OPERATING PROCEDURES AND STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES. Council Member McGill stated that Fire Chief Chip Prather will be providing the City Council with an overview as to the bidding process. It was moved by Council Member McCoy and secondecl by Council Member Sondhi, to adopt the Ordinance by title only and waive further reading, repealing Chapter 2A of the Cypress Municipal Code and establishing new general operating procedures for standards for ambulance transportation services within tlhe City. 10 206 CITY COUNCIL MINUTES JUNE 28, 2004 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Keenan o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Piercy ORDINANCE NO.1 058: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING CHAPTER 2A OF THE CYPRESS MUNICIPAL CODE AND ESTABLISHING NEW GENERAL OPERATING PROCEDURES FOR STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES WITHIN THE CITY. UNFINISHED BUSINESS No items. NEW BUSINESS Item No. 16: CONFIRMATION OF APPOINTMENTS TO FILL SEVEN (7) COMMISSIONER/BOARD MEMBER VACANCIES. Mayor Keenan announced the new members of the Recreation and Community Services Commission, Senior Citizens Commission, and Non-Conforming Uses Hearing Board. It was moved by Council Member Sondhi and seconded by Council Member McCoy, that the City Council confirm the appointments of four (4) Commissioners to serve a full four (4) year term each, and three (3) Board Members to serve a full two (2) year term each, effective July 1, 2004. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Keenan o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Piercy 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 an(j seconded by Agency Board Member McGill, to approve Consent Calendar Item No. 117. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 3 AGENCY MEMBERS: McGill, Sondhi and Keenan o AGENCY MEMBERS: None 1 AGENCY MEMBERS: Piercy 1 AGENCY MEMBERS: McCoy 11 CITY COUNCIL MINUTES 207 JUNE 28, 2004 Consent Calendar: Item No. 17: CONSIDERATION OF RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, RECEIVING THE PRELIMINARY PLAN FORMULATED FOR THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE PROJECT AREA AND THE PROPOSED CYPRESS MERGED AND AMENDED PROJECT AREA. PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33324,33325, AND 33486. Recommendation: That the Cypress Redevelopme'nt Agency Board adopt the Resolution by title only, receiving the Preliminary Plan formulated for the proposed Cypress Merged and Amended Project Area, inclusive of the area proposed to be added to the Lincoln Avenue Project Area, and authorizing Agency staff to continue with the amendment/merger process. RESOLUTION NO. CRA-113 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, RECEIVING THE PRELIMINARY PLAN FORMULATED FOR THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE PROJECT AREA AND THE PROPOSED CYPRESS MERGED AND AMENDED PROJECT AREA, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33324, 33325 AND 33486. END OF CONSENT CALENDAR ORAL COMMUNICATIONS: For Matters Not on the Ag,enda. Allen Crowder, Cypress, spoke regarding the November 2, 2004 Cypress General Municipal Election. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Keenan requested reports from the Council Members on their respective committee assignments. Council Member McGill: Attended an O.C. Fire Authority Board meeting where the annual budget was approved. Council Member Sondhi: Attended a League Housing and Economic Development Policy Committee meeting in Sacramento. Attended an O.C. Housing Commission moeting where the 2004 Notice of Funding Availability was discussed. Mavor Keenan: Traveled to New York on behalf of the O.C. Transportation Authority to discuss rating/bond issues. Attended an O.C. Transportation Authority Board meeting where an update was provided on the Master Plan of Arterial Highways and placing Centerline on the November ballot was proposed and discussed. ITEMS FROM CITY MANAG ER: No items. 12 208 CITY COUNCIL MINUTES JUNE 28, 2004 ADJOURNMENT: Mayor Keenan adjourned the meeting at 8:47 p.m. to Monday, July 12, 2004, beginning at 5:00 p.m. in the Executive Board Room. ~~ MAYOR OF THE CITY OF CYPRESS ATTEST: 13