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Minutes 2004-11-22 289 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 22, 2004 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Keenan in the City Council Chamber, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members McCoy, 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, Assistant Community Development Director, and City Clerk. 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 PaymE!nt. 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 5:32 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 7:00 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, Recreation and Community Services Director, Assistant Community Development Director, Assistant City Engineer, Administrative Services Manager, Redevelopment Project Manager, Associate Planner, City Clerk, and Deputy City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Resolution recognizing the Benson Family as the 2004 Cypress Family of the Year. 290 CITY COUNCIL MINUTES NOVEMBER 22, 2004 REPORT OF WORKSHOP AGENDA/CLOSED SESSION: 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 the Deputy Executive Director and Agency staff provided a report on ongoing efforts to market the outparcels. No reportable action was taken. 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 status report was provided on both cases regarding the City's 13fforts to implement its litigation avoidance strategy. No reportable action was taken. 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. Don Westling, Cypress, thanked Mayor Keenan and Mayor Pro Tem Piercy for their eight years of dedicated service on the City Council. Nancy Risner, Church of Jesus Christ Latter Day Saints, invited the City Council and community to the Church of Jesus Christ LDS Community Christmas Celebration. Assemblyman Tom Harman offered farewell wishes and presented Resolutions to Mayor Keenan and Mayor Pro Tem Piercy. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY TI-/E CITY COUNCIL). Item NO.1: PUBLIC HEARING REGARDING VARIANCE NO. 2004-01, A REQUEST TO VARY FROM SECTION 9.5, TABLE 9.5.6 OF THE CYPRESS ZONING ORDINANCE TO ALLOW A REDUCED SIDE YARD SETBACK FOR A SINGLE- STORY ATTACHED GARAGE ADDITION. The Associate Planner provided background information on this item. The public hearing was opened. The applicant, Andy Pat Lim, stated that he wishes to build a three-car garage in order to have more parking space. Mayor Pro T em Piercy asked if the garage will be used for both residences on the property Mr. Lim stated that it will be used by both residences. 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. 2 CITY COUNCIL MINUTES 291 NOVEMBER 22, 2004 The public hearing was closed. It was moved by Mayor Pro Tem Piercy and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only, granting a variance from the terms of the Zoning Ordinance of the City of Cypress, Section 9.5, Table 9.5.6 to allow a reduced side yard setback for a single-story attached garage addition. 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. 5802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 9.5, TABLE 9.5.6 TO ALLOW A REDUCED SIDE YARD SETBACK FOR A SINGLE-STORY ATTACHED GARAGE ADDITION. Item No.2: PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE ESTABLISHING FATS, OILS. AND GREASE (FOG) CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE ESTABLISHMENTS. The Public Works Director provided background information on this item. Council Member McGill asked what type of notice the City will provide to business establishments. The Public Works Director stated that a letter has been mailed to the affected business owners and that the consultant will be stopping by tl10se businesses to perform an inspection. Mayor Keenan asked what prompted these regulations. The Public Works Director stated that the Regional Board and the Grand Jury determined that fats, oils, and grease spills have caused beach closures, which have been well publicized. He stated that payment for the program will be based upon the cost of inspection, which will be evaluated after the inspection inventory. Appropriate fees will be brought back to the Council for approval with the total cost being paid by those affected. 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 Sondhi and seconded by Council Member McGill, that the City Council introduce for first reading the Ordinance by title only, establishing Fats, Oils, and Grease (FOG) control regulations applicable to food service establishments. 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 3 292 CITY COUNCIL MINUTES NOVEMBER 22, 2004 ORDINANCE NO" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING FATS, OIL.S, AND GREASE (FOG) CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE EST ABLlSHMENTS. CYPRESS REDEVELOPMENT AGENCY: Item NO.3: PUBLIC HEARING REGARDING APPROVAL OF REDEVELOPMENT IMPLEMENTATION PLAN UPDATE. The Redevelopment Project Manager 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. Tim Reed, Seacoast Grace Church, spoke in favor of tho plan update. Mayor Keenan asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member Sondhi commended the Redevelopment Project Manager for the tremendous amount of work putting the implementation plan together. It was moved by Agency Board Member Sondhi and sl9conded by Agency Vice Chair Piercy, that the Redevelopment Agency adopt the Resolution by title only, approving the 2005-2009 Redevelopment Implementation Plan. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 AGENCY MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan AGENCY MEMBERS: None AGENCY MEMBERS: None RESOLUTION NO. CRA - 114 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, ADOPTING AN UPDATED IMPLEMENTATION PLAN FOR ITS AMENDED CIVIC CENTER REDEVELOPMENT PROJECT AREA, LINCOLN AVENUE REDEVELOPMENT PROJECT AREA, AND LOS ALAMITOS RACE TRACK AND GOLF COURSE PROJECT AREA. 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 Mayor Pro Tem Piercy, to approve Consent Calendar Items No.4 through 12. 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 4 CITY COUNCIL MINUTES 293 NOVEMBER 22, 2004 Item NO.4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 8, 2004. Recommendation: That the City Council approve the Minutes of the Meeting of November 8, 2004, as submitted, with Mayor Keenan abstaining due to his absence from the meeting. Item No.5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No.6: ADOPTION OF A RESOLUTION RECOGNIZING THE BENSON FAMILY AS THE 2004 CYPRESS FAMILY OF THE YEAR. Recommendation: That the City Council adopt the Resolution by title only, recognizing the Benson family as the 2004 Cypress Family of the Year. RESOLUTION NO. 5803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE BENSON FAMILY AS THE 2004 CYPRESS FAMILY OF THE YEAR. Item NO.7: AWARD OF ANIMAL CARE SERVICES CONTRACT. Recommendation: That the City Council approve the 2004-2005 Agreement for Animal Care and Shelter Services with the County of Orange, and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Attorney. Item NO.8: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT. Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenue (3525-11-Gra.nts) in the General Fund for the grant total of $28,745; and 3) Approve appropriation from the fund balance of the General Fund as follows: 4003-11-184-05 (overtime) $28,745. Item NO.9: REQUEST FOR AN APPROPRIATION OF FUNDING FOR PAYMENT OF ANNUAL WASTE DISCHARGE FEE RELATIVE TO THE SANITARY SEWER COLLECTION SYSTEM. Recommendation: That the City Council authorize an appropriation in the amount of $4,676 from the Fund Balance of the Sewer Fund to Account No. 4162-41-219-08 for payment of an annual Waste Discharge Fee to the State Water Resources Control Board, as it relates to the Sanitary Sewer Collection System. Item No. 10: APPROVAL OF ADDITIONAL APPROPRIATION AND CONTRACT CHANGE ORDERS FOR CIVIC CENTER IMPROVEMENT PROJECT PHASE I, PUBLIC WORKS PROJECT NO. 2003-11. Recommendation: That the City Council: 1) Approve a transfer in the amount of $352,500 from Park Development Fee (Fund 2200-13), to Capital Improvement Fund (1200-15); and 2) Approve additional appropriation in the amount of $151,000 from CIP Fund balance (15) to Account No. 4186-15-845-24; and 3) Approve Contract Change Orders Nos. 1 and 2 for a total amount of $150,894.80 'for Construction of Civic Center Improvement Phase I, Public Works Project No. 2003-11. Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2004. Recommendation: That the City Council receive and file the Investment Report for the month of October, 2004. 5 294 CITY COUNCIL MINUTES NOVEMBER 22, 2004 Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 67456 THROUGH 67691. Recommendation: Approve the attached warrant register. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): Item No. 13: SECOND READING OF AN ORDINANCE OF THE CITY OF CYPRESS ADDING SECTION 17-72 OF THE CYPRESS MUNIICIPAL CODE RELATING TO REGULATIONS GOVERNING USE OF THE CITY'S PUBLIC PARKS. It was moved by Council Member McCoy and secondl3d by Council Member Sondhi, that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the second reading of the Ordinance by title only, adding Section 17-72 of the Cypress City CodH relating to park regulations. 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 ORDINANCE NO.1 064 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. 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. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Ag~mda. None. PRESENTATIONS: Mayor Keenan and Mayor Pro Tem Piercy presented a video highlighting their eight years of service on the City Council. Mayor Keenan commented on his term as a City Councilmember for the past eight years. He stated that he is proud that the City has expanded its outreach and communication with the community and encouraged a business-like proactive approach to the way City government is run. His ultimate goal was to make Cypress a better 6 CITY COUNCIL MINUTES 295 NOVEMBER 22, 2004 place than when he got here, which he believes he has accomplished with the help of fellow Council Members and staff. Mayor Pro Tem Piercy stated that serving as a Council Member has been a second career for her and given her opportunities that she would never have been able to do. She stated that it was a source of satisfaction to get her students involved in City government. Council Member McCoy presented City watches to outgoing Council Members Keenan and Piercy as a token of appreciation of the City Council. Council Member Sondhi presented City Resolutions highlighting their accomplishments to outgoing Council Members Keenan and Piercy. Council Member McGill presented City tile plaques to outgoing Council Members Keenan and Piercy. The meeting was recessed at 8:12 p.m. The meeting was reconvened at 8:35 p.m. 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 upcoming budget was discussed. Attended the Cypress Boys and Girls Club fund raising event. Attended the Acacia Adult Day Care fund raising event. Council Member Sondhi: Attended a League of California Cities meeting with the Mayor where the speaker was from the Urban Land Institute. Attended the Cypress Boys and Girls Club fundraising event. Council Member Piercy: Attended the Cypress Boys and Girls Club fundraising event. Attended an O.C. Sanitation District Board meeting where an ordinance for evaluating permit users fees was discussed. Mayor Keenan: Attended the Cypress Boys and Girls Club fundraising event. Emceed the St. Irenaeus fundraiser dinner. Attended an O.C. Transportation Authority Board meeting where a toll policy related to violators was adopted. Attended a League of California Cities meeting where election of O.C. Transportation Authority members was held. ITEMS FROM CITY MANAGER: The City Manager thanked Mayor Keenan and Mayor Pro Tem Piercy on behalf of City staff for their leadership to the city. ADJOURNMENT: Mayor Keenan adjourned the meeting at 8:48 p.m. to Monday, December 13. 2004, beginning at 5:30 p.m. in the Executive Board Room. ~~ MAYOR OF THE CITY OF CYPRESS 7 296 CITY COUNCIL MINUTES ATTEST: NOVEMBER 22, 2004 C T CLERK OF THE CITY OF CYPRESS 8