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Minutes 2004-11-08 279 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 8, 2004 A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor Pro Tem Piercy in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members McCoy (arrived at 5:05 p.m.), McGill, Mayor Pro Tem/Agency Vice Chair Piercy, ABSENT: Council/Agency Board Member Sondhi, Mayor/Agency Chair Keenan STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation Superintendent, Police Captain, Assistant Community Development Director, Assistant City Engineer, Administrative Services Manager, and City Clerk. The meeting was adjourned at 5:02 p.m. due to lack of a quorum. Those Council Members present participated in an informal discussion and legislative update with Assemblyman Tom Harman. The meeting reconvened at 5:05 p.m. when three Council Members were then present. Assemblyman Harman stated that there is a built in structural deficit of $8 billion for the state. He discussed Indian gaming in California and revenues for the state from these tribes. 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 as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle 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: Two. The City Attorney reported that the City Council would be meeting in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Mandy Strait, Agency claimed against: City of Cypress. At 5:30 p.m., the Mayor Pro Tem recessed the meeting. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Piercy. PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Piercy ABSENT: Mayor/Agency Chair Keenan 280 CITY COUNCIL MINUTES NOVEMBER 8, 2004 STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation Superintendent, Assistant Community Development Director, Administrative Services Manager, Redevelopment Project Manager, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Piercy. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor Pro Tem asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that Assemblyman Tom Harman presented the City Council with an update on what has occurred throughout the year in the state. The discussion primarily focused on issues relative to the budget and Assemblyman Harman offered assistance to the City should there be any need. The Mayor Pro Tem 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 as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle 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 on ongoing efforts by the City through its representatives to market these sites. 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: Two. The City Attorney stated that a brief status report was provided on the facts and circumstances that could give rise to litigation in two cases. He stated that the previous litigation avoidance strategy continues to be implemented. No reportable action was taken. The City Attorney reported that the City Council met in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Mandy Strait, Agency claimed against: City of Cypress. The City Attorney stated that a status report was provided on the facts and circumstances of the claim. The City Council, with Mayor Keenan and Council Member Sondhi absent, unanimously authorized the City's third party administrator, Ward North America, Inc., to pursue settlement not to exceed a maximum authority as recommended. 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 Pro Tem Piercy asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. 2 CITY COUNCIL MINUTES 281 NOVEMBER 8, 2004 Phil Luebben, Cypress, spoke regarding the Letter to the Editor by Kathy Scott in the News-Enterprise. 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 A REQUEST BY THE CITY OF CYPRESS TO ADOPT AN URGENCY ORDINANCE AMENDING REGULATIONS FOR ADULT ORIENTED BUSINESSES. The Assistant Community Development Director provided background information on this item. The public hearing was opened. Mayor Pro Tem Piercy asked if there was anyone who wished to speak in favor of the item. Mayor Pro Tem Piercy 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 as an Urgency Ordinance (to take effect immediately upon adoption) the Ordinance by title only, amending regulations for Adult Oriented Businesses. This is a proposed amendment to the Cypress City Code and not the Cypress Zoning Code. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Piercy COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan ORDINANCE NO.1 063 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING REGULATIONS FOR ADULT ORIENTED BUSINESSES AND DECLARING THE URGENCY THEREOF. Item NO.2: PUBLIC HEARING REGARDING REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FISCAL YEAR 2005- 06. The Redevelopment Project Manager provided background information on this item. The public hearing was opened. Mayor Pro Tem Piercy asked if there was anyone who wished to speak in favor of the item. Mayor Pro Tem Piercy asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member McGill asked, for audience clarification, for a description of what CDBG funds are and how the County decides on their disbursement. The Assistant City Manager stated that Community Development Block Grant funds come from a federal program that makes funding available to cities and counties for 3 282 CITY COUNCIL MINUTES NOVEMBER 8, 2004 certain types of projects. The City of Cypress does not have 50,000 or more in population so it is a non-entitled city, which means the funding does not come directly from the federal government but through the County of Orange. The application is on a three-year cycle and Cypress must compete with the other non-entitled cities in the County. He stated that the priorities are set by the County in their Consolidated Plan. The commonality of all projects is that they serve persons of low to moderate income through housing, and public infrastructure and facilities. Cities with populations over 50,000 have more control and are able to set their own program priorities. The Assistant Community Development Director stated that a committee has been formed to attempt to get more control through a formal allocation rather than competing annually for projects. It was moved by Council Member McGill and seconded by Council Member McCoy, that the City Council: 1) Hold a public hearing to review the list of projects proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2005-06 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, title as follows, approving the City's participation in the Fiscal Year 2005-06 Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Piercy COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan RESOLUTION NO. 5800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR 2005-2006 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE. 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. The City Attorney stated that given the absence of the Mayor, staff would recommend that Item No.6 be modified to authorize the Mayor Pro Tem to execute the settlement agreement on behalf of the City. It was moved by Council Member Sondhi and seconded by Council Member McCoy, to approve Consent Calendar Items NO.3 through 11. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Piercy o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan Item NO.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 25,2004. Recommendation: That the City Council approve the Minutes of the Meeting of October 25, 2004, as submitted. 4 CITY COUNCIL MINUTES 283 NOVEMBER 8, 2004 Item No.4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.5: PROCLAIMING THE WEEK OF NOVEMBER 21-28, 2004, AS "BIBLE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of November 21-28,2004, as "Bible Week" in the City of Cypress. Item NO.6: APPROVAL OF SETTLEMENT AGREEMENT IN THE CASE OF TATMAN V. CITY OF CYPRESS, ET AL. Recommendation: That the City Council approve the Settlement Agreement by and between Jay Tatman and the City of Cypress, et al. Item NO.7: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-07, A REQUEST TO APPROVE A NEW FREESTANDING SIGN AND REMODEL AN EXISTING PYLON SIGN FOR THE CYPRESS WEST SHOPPING CENTER LOCATED AT 4001-4197 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2004-07, subject to the conditions attached in Exhibit "A." RESOLUTION NO. 5801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-07 - WITH CONDITIONS. Item NO.8: ACCEPTANCE OF FINAL PARCEL MAP NO. 2003-130. PROPERTY LOCATED AT 5401 KATELLA AVENUE. Recommendation: That the City Council approve Final Parcel Map No. 2003-130 and authorize the City Clerk to sign the record map. Item NO.9: POLICE SERVICE DOG RETIREMENT. Recommendation: That the City Council: 1) Authorize the retirement of Police Service Dog "Karlo;" and 2) Transfer ownership of Police Service Dog "Karlo," and release all liability to his current handler, Officer Scott Foster, for the sum of one (1) U.S. dollar. Item No. 10: AWARD OF 36-MONTH LEASE FOR NINE DIGITAL COPIERS TO KONICA MINOL TA BUSINESS SOLUTIONS. Recommendation: That the City Council approve a 36-month lease for a total of seven digital copier machines with black and white capabilities, and two digital copier machines with color capabilities, with Konica Minolta Business Solutions, 1120 N. Tustin Avenue, Anaheim, California 92807, at $2,938 per month, plus a monthly supply and service cost at: . 0048~ per copy for black and white impressions made on a black and white copier; . 08~ per copy for color impressions; and . 008~ per copy for black and white impressions made on a color copier Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 67232 THROUGH 67455. Recommendation: Approve the attached warrant register. 5 284 CITY COUNCIL MINUTES NOVEMBER 8. 2004 END OF CONSENT CALENDAR UNFINISHED BUSINESS: No items. NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Item No. 12: ADOPTION OF ORDINANCE OF THE CITY OF CYPRESS ADDING SECTION 17-72 OF THE CYPRESS MUNICIPAL CODE RELATING TO REGULATIONS GOVERNING USE OF THE CITY'S PUBLIC PARKS. The Recreation Superintendent provided background information on this item. 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 for the Cypress Recreation and Park District, introduce for first reading the Ordinance by title only, adding Section 17-72 of the Cypress City Code relating to park regulations. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Piercy COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 17-72 OF THE CYPRESS CITY CODE RELATING TO PARK REGULATIONS. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Pro Tem Piercy requested reports from the Council Members on their respective committee assignments. Mavor Pro Tern Piercy: Attended a Board of Directors meeting for the O.C. Sanitation District where fee formulas was discussed. Attended the christening of the O.C. Sanitation District ship "Narissa" at the Newport Nautical Museum. Council Member McCoy stated that because of a work conflict, he was not able to participate in the Long Beach Veterans Day parade, however, the City's two newly elected Council Members were able to ride in the O.C. Transportation Authority bus. 6 CITY COUNCIL MINUTES 285 NOVEMBER 8, 2004 Council Member McGill stated that the Cypress Boys and Girls Club will be holding their annual fundraiser on November 12, 2004. He stated that Acacia Adult Day Services will be holding its fundraiser on November 13, 2004. Council Member McGill stated that it was unfortunate that one or two of the ballot measures at the recent election may have been affected by comments made in a Letter to the Editor in the News Enterprise. He stated that the City Manager is an extreme professional who looks out for the best interests of the community and staff. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Pro Tem Piercy adjourned the meeting at 7:38 p.m. to Tuesday, November 16, 2004, beginning at. .m. in the Executive Board Room. ~~ MAYOR OF THE CITY OF CYPRESS ATTEST: C4'l L (k. ~-t~~ ~ERK OF THE CITY OF CYPRESS 7