Loading...
Minutes 2005-03-28 369 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 28, 2005 A regular meeting of the Cypress City Council was called to order at 5:38 p.m. by Mayor McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill ABSENT: None STAFF PRESENT: City Clerk. City Manager, City Attorney, Assistant City Manager, and ORAL COMMUNICATIONS: None. The City Attorney reported that the City Council would be meeting in Closed Session regarding Liability Claims, pursuant to Government Cocle Section 54956.95, Claimant: Hector Vargas, Agency claimed against: City of Cypress. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Existing Liti!Jation, pursuant to Government Code Section 54956.9(a), City of Huntington Beach v. Huntington Beach Police Officers Association, et aI., Case Number SACV 01-1125 JVS (ANx) United States District Court, Central District of California. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. 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. At 5:39 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 7:15 p.m. by Mayor McGill. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agemcy Chair McGill ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, 370 CITY COUNCIL MINUTES MARCH 28. 2005 Recreation and Community Services Director, Assistant Community Development Director, Administrative Services Manager, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Sondhi. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Certificate of Special Recognition to Earleen Chandler, Recreation and Community Services Director, upon her retirement from the City. The Mayor presented a proclamation to Joan Maim on behalf of the 2005 Donate Life Run/Walk Committee, proclaiming the month of April, 2005, as "National Donate Life Month" in the City of Cypress. She invited the City Council and community to attend the Donate Life Run/Walk on April 23, 2005 at California State University, Fullerton. The Mayor presented a proclamation to Lisa Barr, Dispatch Administrator, Melissa Long, Jessica Castillo, Kelli Morton, Chrislyn Coleman, and Jo Connell of the West Cities Police Communications Center, proclaiming the week of April 10-16, 2005, as "National Public Safety Dispatcher Week" in the City of Cypress. 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 City Council met in Closed Session regarding Liability Claims, pursuant to Government Code Section 54956.95, Claimant: Hector Vargas, Agency claimed against: City of Cypress. The City Attorney stated that the City's third party administrator made a presentation to the City Council regarding this claim, requested authority to compromise the claim, and was given authority to offer a specified amount to negotiate the claim. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Huntington Beach v. Huntington Beach Police Officers Association, et aI., Case Number SACV 01-1125 JVS (ANx) United States District Court, Central District of California. The City Attorney stated that a settlement in principle has been reached with the City of Huntington Beach and the Huntington Beach Police Officers Association. The City Attorney reported that the City Council met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. The City Attorney stated that the City Council unanimously directed him to make an offer of employment to the Assistant City Manager and to open a negotiation dialogue that potentially could lead to a contract of employment to replace the retiring City Manager. 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 staff was instructed to further pursue development of the two outparcels. No other action was taken in Closed Session, nor was any solicited. 2 CITY COUNCIL MINUTES 371 MARCH 28, 2005 ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. None. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY TJ-IE CITY COUNCIL). Item NO.1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-01, A REQUEST TO CONSTRUCT A DETACHED ACCESSORY GARAGE/GAME HOUSE/GUEST DWELLING ON THE PROPERTY LOCATED AT 8542 ACACIA DRIVE IN THE RS-15,000 RESIDENTIAl. SINGLE-FAMILY ZONE. The Associate Planner provided background information on this item. He stated that staff received one response from a neighbor who was concerned about potential drainage issues that could result from the structure. He stated that due to the limited amount of paved area and large amount of landscaped area, staff does not believe any impacts to the drainage area would result from the new structure. Mayor Pro Tem Sondhi asked about the 20 foot easement on the north side of the lot. The Associate Planner stated the easement is an old WHII easement that does not have any structures on it. It is currently being used as a driveway for one of the properties and landscaped area for the other two properties that face Crescent Avenue. Council Member Seymore asked why the applicant is not being required to install a full driveway. The Associate Planner stated that at this point, the driveway is only anticipated to be used between eight to ten times a year for a recreational vehicle. It will not be used on a daily basis. The applicant also wanted to keep as much landscaping in the front area as possible at this time. The public hearing was opened. The applicant, Hap Kellog, thanked the Council for considering his request and staff for their hard work. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Steven Provenghi, Cypress, spoke in favor of the project. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Luebben and seconcled by Mayor Pro Tem Sondhi, that the City Council adopt the Resolution by title only and waive further reading, approving Conditional Use Permit No. 2005-01 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None 3 372 CITY COUNCIL MINUTES MARCH 28, 2005 RESOLUTION NO. 5834 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-01 - WITH CONDITIONS. Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2005-02, A REQUEST TO ALLOW AN OUTDOOR SEATING AREA FOR THE IT'S A GRIND COFFEE HOUSE LOCATED AT 4105 BALL ROAD IN THE CG-10,000 COMMERCIAL ZONE. The Assistant Community Development Director provided background information on this item. Mayor Pro Tem Sondhi asked if there is currently approved outdoor seating for the site. The Assistant Community Development Director stated this is an expansion of what is currently there. Mayor Pro Tem Sondhi stated her concern about seating in the public right-of-way. The Assistant Community Development Director stated that handicapped access will be maintained and there will not be any conflicts with pedestrians. Council Member Luebben asked about the size of the seating area. The Assistant Community Development Director stated that it appears to be 7 x 10 feet. The public hearing was opened. The applicant, Teresa Berry, stated that seating was not placed on the side of the store because trash cans are located there and would not be conducive to a nice environment. It would also limit visibility and the ability to monitor the tables and chairs. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Toby Foreman, It's a Grind Coffee House, spoke in favor of the request. Mayor McGill 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 Luebben, that the City Council adopt the Resolution by title only and waive further reading, approving Conditional Use Permit No. 2005-02 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None RESOLUTION NO. 5835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-02 - WITH CONDITIONS. 4 373 CITY COUNCIL MINUTES MARCH 28, 2005 CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calencfar" 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 Luebben and seconded by Council Member McCoy, to approve Consent Calendar Items No.3 through 16. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item NO.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 14. 2005. Recommendation: That the City Council approve the Minutes of the Meeting of March 14, 2005, as submitted. 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 MONTH OF APRIL. 2005 AS "NATIONAL DONATE LIFE MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of April, 2005, as "National Donate Life Month" in the City of Cypress. Item No.6: PROCLAIMING APRIL 9, 2005, AS "ARBOR DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 9, 2005, as "Arbor Day" in the City of Cypress. Item NO.7: PROCLAIMING APRIL 10, 2005. AS "NATIONAL MULTIPLE SCLEROSIS SOCIETY'S 2005 MS WALK DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim April 10, 2005, as "National Multiple Sclerosis Society's 2005 MS Walk Day" in the City of Cypress. Item No.8: PROCLAIMING THE WEEK OF APRIL 10-16, 2005. AS "NATIONAL PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of April 10-16,2005, as "National Public Safety Dispatcher Week" in the City of Cypress. Item NO.9: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-15, A REQUEST TO ESTABLISH A SIGN PROGRAM FOR THE ATHENIAN PLAZA LOCATED AT 5371 LINCOLN AVENUE IN THE CM COMMERCIAL MIXED USE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2004-15 - with conditions. RESOLUTION NO. 5836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-15 - WITH CONDITIONS. 5 374 CITY COUNCIL MINUTES MARCH 28, 2005 Item No. 10: AWARD OF CONTRACT FOR VETERANS PARK PARKING LOT IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2003-43. Recommendation: That the City Council: 1) Award a contract for Public Works Project No. 2003-43, Veterans Park Parking Lot Improvements, in the amount of $36,231.20, to the lowest responsible bidder, Mission Paving and Sealing, Inc., South EI Monte, CA; and 2) Authorize a contingency of $3,623 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. Item No. 11: AWARD OF PURCHASE ORDER FOR INSTALLATION AND UPGRADE OF TELECOMMUNICATION AND VOICE MAIL SYSTEMS AND APPROVAL OF APPROPRIATION FROM THE REPLACEMENT FUND FOR COSTS AND CONTINGENCY FOR THE PROJECT. Recommendation: That the City Council: 1) Award a Purchase Order to Global CTI Group, Inc., for installation of telecommunication and voice mail system upgrades at a total contract price of $28,188.89; and 2) Approve an appropriation from the Replacement Fund, in the amount of $14,229.89 to Account No. 4302-90-656-35, to cover the costs for the upgrades of the existing PBX and voice mail systems; and 3) Approve an appropriation from the Replacement Fund in the amount of $13,959 to Account No. 4310-83-650-35, to cover the costs for the Senior Center phone system migration and upgrade; and 4) Approve an appropriation of $2,500 for contingency from the Replacement Fund to Account No. 4302-90-656-35 for the project due to unknown wiring conditions or related telecom issues. If the contingency monies are not utilized, the funds will be returned to the Replacement Fund. Item No. 12: AWARD OF CONTRACT TO REPLACE ONE (1) POLICE VEHICLE. Recommendation: That the City Council: 1) Appropriate $30,000 to Account No. 4377- 90-659-39 from the Equipment Replacement Fund, for the purchase of one (1) marked police vehicle and replacement equipment; and 2) Approve the transfer of $30,000 from the City's General Liability Fund (2200-96) to the City's Equipment Replacement Fund (1200-90) for the purchase of one (1) marked police vehicle and replacement equipment; and 3) Award a contract to purchase one (1) 2005 Crown Victoria Police Interceptor from Wondries Fleet Division, 1247 W. Main Street, Alhambra, CA 91803, in the amount of $24,784.92. Item No. 13: ACCEPTANCE OF REMODEL OF CYPRESS COUNCIL CHAMBER. PUBLIC WORKS PROJECT NO. 2001-18. Recommendation: That the City Council: 1) Accept the project for Remodel of Cypress Council Chamber, Public Works Project No. 2001-18, as being satisfactorily completed in conformance with the project specifications, in the amount of $646,958.27; and 2) Approve the final retention payment of $64,695.83 to DLS Builders, 1975 N. Batavia, Orange, CA 92865, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No. 14: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF MAINTENANCE SPECIALIST - STORM AND SANITARY SEWERS. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the class specification for the regular full-time position of Maintenance Specialist - Storm and Sanitary Sewers, amending the City's classification plan. 6 CITY COUNCIL MINUTES 375 MARCH 28, 2005 Item No. 15: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF FEBRUARY, 2005. Recommendation: That the City Council receive and file the Investment Report for the month of February, 2005. Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 69245 THROUGH 69432. Recommendation: Approve the attached warrant register. Recreation & Park District Matters: No items. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. 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 Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended an O.C. Sanitation District workshop on biosolids. Attended a kindergarten musical performance at Vessels Elementary School. Attended an O.C. Sanitation District Board meeting. Attended the 30th Annual Easter Egg Hunt at Oak Knoll Park. Council Member Seymore: Wished his wife a Happy Birthday. Attended the 30th Annual Easter Egg Hunt at Oak Knoll Park. Council Member McCoy: Attended the Chamber Student/Business Breakfast at the Community Center. 7 316 CITY COUNCIL MINUTES MARCH 28, 2005 Mavor Pro Tem Sondhi: Attended a Housing and Community Development Project Advisory Committee meeting. Attended the Chamber Student/Business Breakfast at the Community Center. Attended a Housing and Community Development Commission meeting. Mavor McGill: Thanked staff for their commitment and hard work for the Easter Egg Hunt at Oak Knoll Park and the Chamber Student/Business Breakfast. Attended an O.C. Fire Authority meeting where the ambulance contract was discussed. Council Member Luebben commended Earleen Chandler on her service to the City of Cypress as Recreation and Community Services Director. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:08 p.m. to Monday, April 11, 2005, beginning at 5:30 p.m. in the Executive Board Room. .~~ MAYOR OF THE CITY OF CYPRESS ATTEST: Y CLERK OF THE CITY OF CYPRESS 8