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Minutes 2004-10-11 263 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 11 , 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 AVElrlUe, Cypress, California. PRESENT: Council/Agency Board Members McCoy (arrived at 5:20 p.m.), McGill, Mayor Pro Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan ABSENT: Council/Agency Board Member Sondhi STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Assistant Community Development Director, Administrative Services Manager, Assistant City Engineer, Recreation Superintendent, Associate Planner, City Clerk, and Deputy City Clerk. The Assistant City Manager stated that the property that will be discussed is at the northwest corner of Juanita and Ball, the Cinnamon Square shopping center, and is currently zoned commercial. In order for the developer to perfect plans for the site as a residential development, an amendment to the GEmeral Plan zoning would be necessary. The Associate Planner provided an overview of the project. He stated that the property is currently surrounded by residential uses to the north, south, and east. He stated that currently the center consists of mixed retail, service oriented, and office uses, as well as two free-standing restaurant sites, one of which is vacant. The Associate Planner stated that as a result of the low number of retail uses in the center, the tax generated is minimal compared to other commercial centers of similar size located in the city. The developers have proposed to develop 28 new homes, four of which would be detached. The Assistant Community Development Director stated that most of the tenants at the shopping center are on month-to-month leases and there has been a turnover in tenancy away from retail into service uses. He stated that the current property owner has made major upgrade improvements to try and obtain retail tenants, but has been unsuccessful. He stated that changing the zoning to residential still ties into the City's economic development and housing goals. The Assistant City Manager stated that there is a large demand for housing in Cypress and this site is big enough for a viable neighborhood. Mr. Ashish Khatana, Atherton-Newport Real Estate Investments, introduced himself. Mr. Eric Cernich, Atherton-Newport Real Estate Investments, stated that in addition to residential, they also re-position retail centers, which was their original idea for this location. He stated that it did not make economic sense to re-position this particular sitec Mayor Keenan asked about the group that currently uses the corner facility for bingo operations. Mr. Cernich stated that several of the current tenants have indicated that they would like to downsize or cease business altogether, and they willi help any tenant relocate who 264 CITY COUNCIL MINUTES OCTOBER 11, 2004 would like assistance. He stated that another similar site has been located for the bingo group. Mayor Keenan stated that the Centerstone project on Ball Road incorporated the housing so it faced the street instead of having a block wall. Mr. Cernich stated that after working with staff it was determined to have the project be more self contained because of the constraints of Ball Road being a faster traveled street. Mayor Pro Tem Piercy asked about factors that made the developers decide on a residential project rather than commercial. Mr. Cernich stated that the size of the site, the constraints of the existing configuration, inability to rebuild with a larger tenant, and increased rental amounts that would need to be achieved were all factors. It was the consensus of the City Council that staff move forward with the proposed residential development. 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 tlhe 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. At 5:35 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 7:06 p.m. by Mayor Keenan. PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Assistant Community Development Director, Administrative Services Manager, Assistant City Engineer, Police Captain, Recreation Superintendent, City Clerk, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Cub Scout Pack #660, Den 3. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Keenan thanked staff for their efforts and worl< during the Council Chamber renovation. The Council Chamber Rededication Video, created by PCnet Cypress, was shown. 2 265 CITY COUNCIL MINUTES OCTOBER 11,2004 The Mayor presented Certificates of Recognition for thH Council Chamber Renovation Project to Jim Gorin, Associate Engineer, John Olson, Video Production Coordinator, and PC net Cypress. 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 the proposed residential development at the northwest corner of Ball Road and Juanita Street. He stated that it is currently a commercial site and the owners are contemplating the sale of the property to buyers who are considering the possibility of changing the General Plan designation and zoning to residential to build singl'9 family, detached homes. This item will be discussed at a future date. 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 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 on negotiations was provided and no action was taken. The City Attorney reported that the City Council meI 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 only one item was discussed pertaining to facts and circumstances that could give rise to the filing of litigation. A litigation avoidance strategy was discussed by the City Council and unanimously authorized. In both cases, Council/Agency Board Member Sondhi was not in attendance. 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. Norm "Firecracker" Westwell, Huntington Beach, spoke regarding his candidacy for the 2004 State Assembly, 67th District. The following spoke regarding street access and parkingl issues on Knott Avenue: Mary Lou Cordero, Cypress Jonathan Doma, Cypress Martha Bonilla, Cypress Cynthia Mejia, Cypress Ronald Vidal, Cypress Roberta Smith, Cypress The Public Works Director stated that staff is currently working on a residential parking permit ordinance. He stated that median upgrades will be reviewed for submission as a part of next year's Capital Improvement Program. 3 266 CITY COUNCIL MINUTES OCTOBER 11, 2004 The Chief of Police stated that patrols in that area will be increased. Linda Metzidis, Cypress Masterworks Chorale, spoke rElgarding the opening of the fall season for Cypress Masterworks Chorale & Camerata concert. 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 2004 CYPRESS ZONING CODE. The Assistant Community Development Director 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. Council Member McGill thanked staff for their hard work on the Zoning Code update. It was moved by Council Member McCoy and seconded by Council Member McGill, that the City Council: 1) Adopt a Finding of De Minimis Impact, and adopt the Negative Declaration in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, adopting the negative declaration prepared in connection with the 2004 Cypress Zoning Code; and 3) Introduce for first reading the Ordinance by title only, amending the Cypress Municipal Code by comprehensively amending Appendix I, Zoning. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE NEGATIVE DECLARATION PREPARED IN CONNECTION WITH THE 2004 CYPRESS ZONING CODE. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE BY COMPREHENSIVELY AMENDING APPENDIX I, ZONING. 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. It was moved by Council Member McGill and seconded by Council Member Sondhi, to approve Consent Calendar Items NO.2 through 15. 4 CITY COUNCIL MINUTES ,267 OCTOBER 11, 2004 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF SEPTEMBER 27, 2004. Recommendation: That the City Council approve the Minutes of the Meeting of September 27,2004, as submitted. Item NO.3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.4: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-13, A REQUEST TO APPROVE A SIGN PROGRAM FOR THE MUGSHOTS BAR LOCATED AT 10461 DENNI STREET IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2004-13, subject to the conditions attached in Exhibit "A." RESOLUTION NO. 5795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-13 - WITH CONDITIONS. Item NO.5: PROCLAIMING THE WEEK OF OCTOBER 23-29. 2004. AS "RED RIBBON WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of October 23-29,2004, as "Red Ribbon Week" in the City of Cypress. Item NO.6: ADOPTION OF RESOLUTION DETERMINING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED IN CONNECTION WITH THE PROPOSED MERGER & AMENDMENTS TO THE CYPRESS REDEVELOPMENT AGENCYS CIVIC CENTER (ORIGINAL AND AMENDMENT AREA), LINCOLN AVENUE AND LOS ALAMITOS RACE TRACK AND GOLF COURSE ("LART") REDEVELOPMENT PLANS. Recommendation: That the City Council adopt the Resolution by title only, determining that a Project Area Committee shall not be formed in connection with the proposed merger and amendments to the Cypress Redevelopment Agency's Civic Center (original and amendment area), Lincoln Avenue and Los Alamitos Race Track and Golf Course ("LART") Redevelopment Plans. RESOLUTION NO. 5796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DETERMINING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED IN CONNECTION WITH THE PROPOSED MERGER AND AMENDMENTS TO THE CYPRESS REDEVEL.OPMENT AGENCY'S CIVIC CENTER (ORIGINAL AND AMENDMENT AREA), LINCOLN AVENUE AND LOS ALAMITOS RACE TRACK AND GOLF COURSE ("LART") REDEVELOPMENT PLANS. 5 268 CITY COUNCIL MINUTES OCTOBER 11, 2004 Item No. 7: ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT, AND ADOPTION OF RESOLUTION IN SUPPORT OF THE OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY. Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Adopt the Resolution by title only, authorizing the acceptance of the Operation Safe Passage Traffic Safety Program (OTS) Grant Application with the State of California for a Police Traffic Services Project; and 3:) Increase estimated revenues (3525-11-0ther Grants) in the General Fund for the grant total of $315,594; and 4) Approve appropriations from the fund balance of the General Fund as follows: 4003- 11-183-05 (Overtime) $52,736; 4104-11-183-05 (Promotional Items) $5,000; 4113-11- 183-05 (Equipment) $89,497; 4206-11-183-05 (Travel Expenses) $2,000; 4188-11-183- 05 (Contract Services) $84,733; 4187-11-183-05 (Contract Services - Private) $15,000; and 5) Approve the transfer of $66,628 from the City's General Fund (2200-11) to the Equipment Replacement Fund (1200-90), and appropriate $44,628 to account 4305-90- 656-35 (Equipment) and $22,000 to account 4362-90-659-39 (Motorcycles). RESOLUTION NO. 5797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE OPERATION SAFE PASSAGE TRAFFIC SAFETY PROGRAM (OTS) GRANT APPLICATION WITH THE STATE OF CALIFORNIA FOR A POLICE TRAFFIC SERVICES PROJECT. Item No.8: ADOPTION OF AMENDMENT NO. 9 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Recommendation: That the City Council approve Am13ndment No. 9 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said agreement. Item NO.9: AMENDMENT TO CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATIONS FOR THE POSITIONS OF MECHANIC AND ASSISTANT MECHANIC. Recommendation: That the City Council, acting as thB ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the class specifications for the regular full-time positions of Mechanic and Assistant Mechanic, amending the City's classification plan. Item No. 10: ACCEPTANCE OF STATE EMERGENCY MANAGEMENT GRANTS AND APPROPRIATION OF FUNDS. Recommendation: That the City Council: 1) Aceept a Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant check in the amount of $2,785 from the County of Orange; and 2) Accept a FEMA Supplemental Emergency Operations Planning Grant check in the amount of $8,224 from the County of Orange; and 3) Approve an increase to estimated revenues in the General Fund in Other Grants, account number 3525-11-999-99 for $11,009; and 4) Approve the appropriation of $11,009 from the unreserved fund balance of the General Fund to Small Tools and Equipment Emergency Services account number 4113-11-180-05, for the purchase of various emergency services and training related equipment. Item No. 11: APPROVAL OF PAYMENT TO SOUTHERN CALIFORNIA WATER COMPANY FOR INSTALLATION OF AN 8-INCH WATER LINE AND RELOCATION OF FIRE HYDRANTS IN THE CIVIC CENTER TO FACILITATE CONSTRUCTION OF CIVIC CENTER IMPROVEMENT PROJECT. PUBLIC WORKS PROJECT NO. 2003- 11. Recommendation: That the City Council: 1) Approv,e payment in the amount of $53,274 to Southern California Water Company for installation of an 8-inch water line 6 CITY COUNCIL MINUTES 269 OCTOBER 11, 2004 and relocation of fire hydrants in the Civic Center; and 2) Authorize the Public Works Director to execute the agreement with Southern California Water Company for the installation of an 8-inch water line and relocation of fire hydrants. Item No. 12: APPROPRIATION OF FUNDS FOR PURCHASE OF A REPLACEMENT COLOR LASER PRINTER. Recommendation: That the City Council appropriate $'1,971 to account number 4402- 90-665-41 (Capital Outlay - Computer Hardware/Software) from the Equipment Replacement Fund (90) fund balance, for the purchase of one (1) new color laser printer. Item No. 13: APPROVAL OF PURCHASE OF HEPLACEMENT DESIGNJET PLOTTER. Recommendation: That the City Council: 1) Approve the purchase of a replacement deskjet plotter from Dieterich Post, 616 Monterey Pass Hoad, Monterey Park, California 91754, in the amount of $3,280.40; and 2) Appropriate $3,281 from the Equipment Replacement Fund 90 fund balance to Account No. 4307-90-665-41. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 66812 THROUGH 67013. Recommendation: Approve the attached warrant register. 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. NEW BUSINESS: Item No. 15: 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 McGill and seconded by Mayor Pro Tem Piercy, that the City Council, acting as the ex-officio governing Boa.rd 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. Mayor Pro Tem Piercy asked if the ordinance addressed the issue of dogs and picking up their waste in the parks. The Recreation Superintendent stated doggie bag collection dispensers have been installed in some of the parks. The City Attorney stated that he believes the requirement to clean up after pets applies city-wide in another ordinance and does not need to be reiterated in this one. 7 270 CITY COUNCIL MINUTES OCTOBER 11, 2004 Council Member Sondhi asked if the ordinance should be cross referenced to the one addressing pet clean up to provide clarity. The City Attorney stated that it could be, though it is not legally required. He stated that a sentence could be added as Section A, under Subsection 3, to read "The provisions of the Municipal Code Section 3.3 shall apply in full forGe and effect within any park or other recreational facility as defined herein, except for Subsection A3 above, the provisions of this section shall not apply to any City sanctioned event." Council Member McGill requested his motion be amendBd to include the City Attorney's wording. The City Manager asked if this section of the ordinance was most appropriate to add the subsection. The City Attorney stated that the wording could be added as Subsection W. Council Member Sondhi stated that it would seem more preferable to place the new subsection as B and move every other item down one letter. The City Attorney asked that the Council allow staff to mvise the ordinance and return it for first reading at the next City Council meeting. It was moved by Council Member McGill and seconded by Mayor Pro Tem Piercy, to continue this item to the next regularly scheduled Council meeting. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan o COUNCILMEMBERS: None o COUNCILMEMBERS: None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agf.mda. Mayor Keenan presented a signed wood block from the Council Chamber remodel to Mr. and Mrs. Crowder. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Keenan requested reports from the Council Members on their respective committee assignments. Council Member McCov: Attended the WestComm ih Anniversary open house celebration. Mavor Pro Tem Piercv: Attended an O.C. Sanitation District subcommittee meElting where the proposed Fats, Oils, and Grease Ordinance for food service establishment was introduced and the need for enlarging sewer lines was discussed. Mavor Keenan: Attended the groundbreaking ceremony for Costco. Attended the Rededication Ceremony for the City Council Chambers. Attended the Chamber of Commerce Business Expo. Hosted a Mayor's Outreach at Home Depot. Attended the 8 CITY COUNCIL MINUTES 271 OCTOBER 11, 2004 groundbreaking for the Film School at Chapman University. Attended the quarterly Mayor's Breakfast hosted by Supervisor Silva where the County retirement system was explained and regional issues were discussed. Mayor Pro Tem Piercy stated that the City of Cypress has worked hard to cooperate with surrounding cities and that she would like to re-E!valuate the working relationship with the City of Los Alamitos. She asked that staff report back on joint agreements and operations with the City of Los Alamitos. Mayor Keenan stated that Stan Allison, a reporter with the Los Angeles Times and Cypress resident, and Dave Elbaum, an OCT A planning staff member, had both passed away recently. ITEMS FROM CITY MANAGER: The City Manager commended Jim Gorin, John Olson, June Liu, Jill Guertin, Perry Drogo, and the entire staff for their efforts on the Council Chamber remodel. ADJOURNMENT: Mayor Keenan adjourned the me'eting at 8:15 p.m. to Monday, October 25,2004, beginning a~he ~oom. MAYOR OF THE CITY OF CYPRESS ATTEST: (2ilL~. ~-I~ ~C1~ERK OF THE CITY OF CYPRESS 9