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Minutes 2005-04-11 377 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 11, 2005 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members Luebben, McCoy (arrived at 5:38 p.m.), Seymore, Mayor/Agency Chair McGill ABSENT: Mayor Pro Tem/Agency Vice Chair Sondhi STAFF PRESENT: Assistant City Manager, City Attorney, Chief of Police, Public Works Director, Acting Recreation and Community Services Director, Assistant Community Development Director, Assistant City Engineer, Finance Manager, Contracts/Environmental Affairs Manager, Administrative Services Manager, and City Clerk. ORAL COMMUNICATIONS: None. The Assistant City Manager stated that the purpose of the workshop was to provide a detailed presentation of the 2005-2012 Capitallmprovernent Program. The Contracts/Environmental Affairs Manager stated that the Capital Improvement Program serves as a roadmap for the City's infrastructure and addresses the health, safety, and welfare of the community. He stated that projects are submitted from a variety of means including the City Council, City departments, and citizen requests. A review of the projects is done by a committee where they are prioritized and presented to the City Council for review. Per City Council policy, the CIP is composed of various projects amounting to $1.7 million for residential street resurfacing, sidewalk repair, Warland payments, and $250,000 for public facility construction, modifications, and repairs. He stated that the CIP for fiscal year 2005-2006 is $4.1 million and $30.1 million for the seven year period, including the estimated carryover funds. He stated that funding sources include general fund, sewer, redevelopment, gas tax, Measure M, traffic mitigation monies, regional traffic fees and grants, and state bonds and grants. The Contracts/Environmental Affairs Manager stated that facility projects are the Civic Center facility signage program and the rehabilitation of the Maintenance Yard parking lot. There is a park project for youth league facilities renovations for the various sporting groups in the city. A sewer line rehabilitation project is scheduled along with repairs and modifications for any emergency issues that may occur during the year. He stated that money has been set aside for storm drain rehabilitation and traffic signals/intersections, which includes flashing beacons at Gateway Drive, left turn indication relocation at Valley View and Lakeshore, various protected permissive and protected left turns, replacement of various hardwire interconnect, LED ped heads, and traffic signal rewiring. The Contracts/Environmental Affairs Manager stated that street projects include arterial street rehabilitation projects that have been taking place based on the pavement management program, the installation of sidewalks in Cypress Acres, Moody Street improvements, and residential street/public facility asphalt renovation to address the 378 CITY COUNCIL MINUTES APRIL 11, 2005 deficient areas in the city. The concrete rehabilitation (sidewalk/curb/gutter) program will continue in the next year. He stated that projects being considered for the future include the continuation of monument sign installation, construction of medians on Cerritos Avenue, and various parkway improvements on designated arterial streets. He stated that the Capital Improvement Program will bE~come part of the annual budget when it is adopted by the City Council in June. The Public Works Director stated that, as part of the infrastructure planning, the pavement management system will be updated and completion of the facility assessment and all CIP information placed into one database. Council Member Luebben asked if Cypress is considering photo enforcement of red lights at intersections. The Chief of Police stated that several weeks ago, thoy met with a vendor to discuss the possibility for Cypress. He stated that the cost seems to be prohibitive but staff is currently reviewing all information. The City Attorney reported that the Redevelopment AgE!ncy 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 wouldl be meeting in Closed Session regarding Conference With Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a), Illingworth, et al. v. City of Cypress, et aI., Case Number 02CC04339, Orange County Superior Court. 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. At 5:54 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 7:10p.m. by Mayor McGill. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor/Agency Chair McGill ABSENT: Mayor Pro Tem/Agency Vice Chair Sondhi STAFF PRESENT: Assistant City Manager, City Attorney, Chief of Police, Public Works Director, Acting Recreation and Community Services Director, Assistant Community Development Director, Finance Manager, Administrative Services Manager, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegianc1e was led by Council Member Seymore. INVOCATION: The invocation was given by Chief Hicks. 2 CITY COUNCIL MINUTES 379 APRIL 11. 2005 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 Assistant City Manager reported that staff madE~ a presentation on the City's Capital Improvement Program, which identifies the various public, facility, street, and storm drain improvements that are planned in the coming fiscal year and also in the additional six year period. This is a planning and budgetary document. The City Council concurred with staff's recommendation to receive and file the report in anticipation of the public hearing this evening. 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 status report was provided by the Deputy Executive Director on the ongoing negotiations. 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), Illingworth, et al. v. City of Cypress, et aI., Case Number 02CC04339, Orange County Superior Court. The City Attorney stated this case was filed several years ago and involves suing the City for defamation and one of the City employees for defamation also. He stated that the City was successful in obtaining a dismissal of the lawsuit, which was sustained on appeal, and the City was also successful in obtaining an award of attorney's fees. The City has received a proposal that has been accepted in principle by the Council, subject to working out the details of the settlement agreement, for reimbursement of attorney's fees. 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 terms and conditions of employment have been discussed with Assistant City Manager David B€!lmer and conveyed to the City Council who is in general consensus on a city manager"s contract. The City Council did not want to take final action until Mayor Pro Tem Sondhi can be fully briefed on the status of negotiations. It is hopeful that negotiations will be successfully concluded within the next 30 days. 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 McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Mary Crowder, Cypress, spoke regarding the recruitments for the City Manager and Recreation and Community Services Director positions. Krupa Kothari, Stanton, spoke regarding Habitat for Humanity in Orange County. 3 380 CITY COUNCIL MINUTES APRIL 11, 2005 Carmine Pilichi, Cypress, spoke regarding the City Ordinance prohibiting basketball standards on sidewalks and public rights-of-way, and street sweeping and curb drainage issues related to basketball standards. Darrel Ortloff, Cypress, spoke regarding Cafe Odyssey on Lincoln Avenue. The City Attorney stated that there is an ongoing investigation of this business. He stated there are many allegations but not a lot of proof and that those with hard evidence are encouraged to contact the Cypress Police Department. 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. 2005-03 AND TENTATIVE PARCEL MAP NO. 2005-1~~4, A REQUEST TO CREATE A SINGLE-LOT SUBDIVISION, AND TO CONSTRUCT TWO (2) CONDOMINIUM UNITS LOCATED AT 8721 MOODY STREET WITHIN THE RM-20 RESIDENTIAL MUL TIPLE- FAMILY ZONE. The Assistant Community Development Director stated that the applicant informed staff that he would be out of the country and would not be able to attend the meeting this evening nor would he have anyone acting on his behalf. The applicant has requested that this item be continued until the May 9, 2005 meeting. It was moved by Council Member McCoy and seconded by Council Member Seymore, to continue the item to the May 9, 2005 City Council meeting. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, McCoy, Seymore, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi Item NO.2: PUBLIC HEARING REGARDING VARIANCE NO. 2005-02, A REQUEST TO ALLOW A THREE-FOOT (3') SIDE YARD SETBACK FOR A ONE-STORY RESIDENTIAL ROOM ADDITION. LOCATED AT 5622 VONNIE LANE WITHIN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Associate Planner provided background information on this item. Council Member Seymore asked if the small building that appears to deny access to the existing two-car garage will be removed. The Associate Planner stated that anything there that disagrees with the plan presented will be removed. The public hearing was opened. The applicant, Alfonso Hernandez, Daniel's Construction, confirmed that the storage building will be removed. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member McCoy asked if the three-foot setback allowed the trash receptacles to be moved in and out easily. The Planning Associate stated that it did. 4 381 CITY COUNCIL MINUTES APRIL 11. 2005 Council Member Luebben asked if staff makes a visual inspection of properties as part of the process. The Planning Associate stated that staff does a visual inspection, takes site photos, and looks at existing conditions to verify that what is on the plan is consistent with what is on the property. It was moved by Council Member Seymore and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only and waive further reading, granting a variance from the terms of the Zoning Ordinance of the City of Cypress, Section 2.05.040, Table 2.3 to allow a three-foot (3') side yard setback for a one-story residential room addition - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, McCoy, Seymore, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi RESOLUTION NO. 5837 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 2.05.040, TABLE 2.3 TO ALLOW A THREE-FOOT (3') SIDE YARD SETBACK FOR A ONE-STORY RESIDENTIAL ROOM ADDITION - WITH CONDITIONS. Item No.3: PUBLIC HEARING REGARDING AMENDMENT NO. 2 OF CONDITIONAL USE PERMIT NO. 99-1, A REQUEST TO MODIFY THE DESIGN AND MILESTONE DEADLINES FOR THE PHASE 2 AUTOMOTIVE REPAIR BUILDING LOCATED AT 5640 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. Council Member Seymore asked if the foam shaped cornices on the new building will be continued on the existing building. The Associate Planner stated that the existing building will be upgraded to match the fa<;ade and exterior treatments of the proposed building including the cornice and decorative stone masonry about the lower part of the front of the building. Council Member Seymore asked about overnight parkin~}. The Associate Planner stated that the Cypress Municipal Code and Lincoln Avenue Specific Plan contain provisions which prohibit the outdoor overnight parking of vehicles within auto related uses. The second building will provide additional areas to bring the serviced vehicles indoor overnight. The applicant, Juan Rendon, and architect, Warren Pitt, were present. Mr. Rendon stated that it would have been copyright inf'ringement if he had proceeded with the previous architect's plans. He stated that plans should be submitted by June 1 st and construction should start within a two week period. Council Member Luebben stated that with all of the dEtlays, he is concerned with the applicant's construction funding. Mr. Rendon stated that the project is realistic and that none of the funds allocated for construction costs have been used. The public hearing was opened. 5 382 CITY COUNCIL MINUTES APRIL 11, 2005 Mayor McGill asked if there was anyone who wished to speak in favor of the item. 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 seconded by Council Member Seymore, that the City Council adopt the Resolution by title only and waive further reading, approving amendment to Conditional Use Permit No. 99-1 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: Luebben, McCoy, Seymore, and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: Sondhi RESOLUTION NO. S838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT NO.2 TO CONDITIONAL USE PERMIT NO. 99-1 - WITH CONDITIONS. Item NO.4: PUBLIC HEARING REGARDING THE PROPOSED 2005-2012 CAPITAL IMPROVEMENT PROGRAM. The Public Works Director provided background information on this item. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. Mayor McGill asked about the sewer line rehabilitation. The Public Works Director stated that money is allocated every year in case there is a source spill or collapsed line occurs and for hot spots and capacity issues. The public hearing was closed. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calem1ar" are to be considered by the City Council to be routine and will be enacted lJy one motion approving the recommendations listed on the Agenda. It was moved by Council Member Luebben and seconcled by Council Member McCoy, to approve Consent Calendar Items NO.5 through 16. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Luebben, McCoy, Seymore, and McGill COUNCILMEMBERS: None COUNCILMEMBERS: Sondhi Item NO.5: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MARCH 21, MARCH 22, AND MARCH 28, 2005. Recommendation: That the City Council approve the Minutes of the Meetings of March 21, March 22, and March 28, 2005, as submitted. 6 CITY COUNCIL MINUTES 383 APRIL 11. 2005 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: PROCLAIMING THE MONTH OF APRIL, 2005, AS "FINANCIAL LITERACY MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of April, 2005, as "Financial Literacy Month" in the City of Cypress. Item NO.8: PROCLAIMING THE WEEK OF APRIL 10-16 2005, AS "NATIONAL CRIME VICTIMS' RIGHTS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of April 10-16,2005, as "National Crime Victims' Rights Week" in the City of Cypress. Item NO.9: PROCLAIMING THE WEEK OF MAY 15-21, 2005, AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 15-21, 2005, as "National Police Week" in the City of Cypress. Item No. 10: APPROPRIATION FOR PURCHASE OF ONE MAINTENANCE VEHICLE REPLACEMENT. Recommendation: That the City Council appropriate $"18,000 to Account No. 4367-90- 659-39 from the Equipment Replacement Fund "for the replacement of one maintenance vehicle. Item No. 11: AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INTERSECTION IMPROVEMENTS AT VALLEY VIEW STREET AND BALL ROAD. PUBLIC WORKS PROJECT NO. 2005-03, AND VALLEY VIEW STREET AND CERRITOS AVENUE. PUBLIC WORKS PROJECT NO. 2005-04. Recommendation: That the City Council: 1) Award a professional consulting services contract for professional engineering design services for intersection improvements at Valley View Street and Ball Road, Public Works Project No. 2005-03, and Valley View Street and Cerritos Avenue, Public Works Project No. 2005-04, to Kimley-Horn and Associates, Inc., 2100 W. Orangewood Avenue, Suite "140, Orange, CA 92868, in the amount of $80,939; and 2) Authorize a contingency of $12,141 (15% of Contract Amount) and direct the Director of Public Works/City En!;}ineer to act as Contract Officer for any additional work within budgetary authority. Item No. 12: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR REPLACEMENT OF SENIOR CENTER CARPET, PUBLIC WORKS PROJECT NO. 2005-06. Recommendation: That the City Council approve the plans and design specifications for the Replacement of Senior Center Carpet, Public Works Project No. 2005-06, and authorize staff to solicit bids for the project. Item No. 13: ACCEPTANCE OF DESIGN/BUILD FOR REPLACEMENT OF AUDIO/VIDEO SYSTEMS FOR CYPRESS COUNCIL CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18AV. Recommendation: That the City Council: 1) Accept the project for Design/Build for Audio/Video Systems for Cypress Council Chamber, Public Works Project No. 2001- 18A V, as being satisfactorily completed in conformanCE! with the project specifications, in the amount of $303,389.02; and 2) Approve the final retention payment of $30,396.19 to CCS Presentation Systems, 5055 Wilshire Blvd., #315, Los Angeles, CA 90036, 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 7 384 CITY COUNCIL MINUTES APRIL 11, 2005 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: APPROVAL OF CONTRACT CHANGE ORDER NO. 2 AND ACCEPTANCE OF PROJECT FOR CYPRESS ACRES STREET AND STORM DRAIN IMPROVEMENTS, PHASE 4. MERTEN AVENUE AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2003-09. Recommendation: That the City Council: 1) Approve Contract Change Order NO.2 to Sequel Contractors, Inc., 13546 Imperial Highway, Santa Fe Springs, CA 90670, in the amount of $77,582.58; and 2) Accept the project for Cypress Acres Storm Drain Improvements, Phase 4, Merten Avenue and La Salle Street, Public Works Project No. 2003-09, as being satisfactorily completed in conformance with the project specifications, in the amount of $502,395.57; and :3) Approve the final retention payment of $50,239.54 to Sequel Contractors, Inc., 13S46 Imperial Highway, Santa Fe Springs, CA 90670, thirty-five (35) days after the Notice of Completion is filed, if no claims or objections have been filed; and 4) 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. 15: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 69433 THROUGH 69644. Recommendation: Approve the attached warrant register. Recreation & Park District Matters: Item No. 16: ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $1.700 AND THE APPROPRIATION OF $1,700 TO PURCHASE A VARIETY OF SUPPLIES FOR THE VOLUNTEER RECOGNITION CELEBRATION. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Formally accept donations in total of $1,700 from: PacifiCare, Tenet/Los Alamitos Medical Center, Blue Cross of California, CareMore Insurance Services, Health Care Partners, Anaheim General Hospital, Memorial Health Services, and increase the estimated revenue in account #3665 (Senior Citizens Activities) by $1,700; and 2) Appropriate $1,700 from the Recreation and Park District unreserved General Fund to Recreation and Park District budget account #4104-12-317-10 for the purchase of supplies for the Volunteer Recognition Celebration on April 16, 2005. The donated funds will be used for decorations, entertainment and giveaways for the 187 volunteers. 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. 8 385 CITY COUNCIL MINUTES APRIL 11, 2005 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the AgEmda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended a Healthy Transportation Network meeting. Attended a Junior Olympics swim meet in Mission Viejo. Attended the Cypress College Masterworks Chorale concert. Attended a retirement celebration for Earleen Chandler. Attended a League of California Cities Transportation and Public Works Policy Committee meeting. Attended the Arbor Day celebration at Rosen/Acacia Park. Council Member Seymore: Attended a retirement celebration for Earleen Chandler. Attended the Arbor Day celebration at Rosen/Acacia Park. Discussed Habitat for Humanity groundbreaking ceremony on June 3, 2005 at 3:00 p.m. at the Walker Street site. Council Member McCoy: Attended a retirement celebration for Earleen Chandler. Mayor McGill: Attended the Arbor Day celebration at Rosen/Acacia Park. He thanked staff and the volunteers for their hard work at this event. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:15 p.m. to Monday, April 25, 2005, beginning at 5:30 p.m. in the Executive Board Room. ~~~ MAYOR OF THE CITY OF CYPRESS ATTEST: IT CLERK OF THE CITY OF CYPRESS 9