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Minutes 2005-07-11 451 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 11, 2005 A regular meeting of the Cypress City Council was called to order at 5:34 p.m. by Mayor McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor/Agency Chair McGill ABSENT: Mayor Pro Tem/Agency Vice Chair Sondhi STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative SeNices, Chief of Police, Public Works Director, Recreation and Community SeNices Director, Police Captain, Assistant Community Development Director, Assistant City Engineer, Administrative SeNices Manager, and City Clerk. ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Assistant Community Development Director provided a report summarizing the history of the original Conceptual Master Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. The Assistant Community Development Director provided a detailed presentation on the revised Conceptual Master Plan. The revised Conceptual Master Plan allows for the phasing of development in the Los Alamitos Race Track and Golf Course Redevelopment Project Area over time. The City Council reviewed the two alternatives for the revised Conceptual Master Plan and directed staff to continue negotiations with the current property owners to advance the plan and work to identify issues associated therewith. The City Attorney stated that discussion of the Closed Session items listed on the agenda was not necessary and would not be held this evening. At 6:10 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 7:03 p.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: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative SeNices, Chief of Police, Public Works Director, Recreation and Community SeNices Director, Police Captain, Assistant Community Development Director, Administrative SeNices Manager, and City Clerk. 452 CITY COUNCIL MINUTES JULY 11, 2005 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Luebben. INVOCATION: The invocation was given by Police Chief Hicks. PRESENTATIONS: Mr. Art Brown, Vice Chair, Orange County Transportation Authority, made a presentation regarding Measure M, Orange County's half-cent sales tax for transportation improvements approved by the voters in 1990 and set to expire in 2011. Mayor McGill presented Certificates of Appointment to the following newly appointed Commissioners and administered the Loyalty Oath of Office: Ted Lorber and Leroy Mills - Cable Television Commission Beth Bingham Evans, Rufus Washington, and Mariellen Yarc - Recreation and Community SeNices Commission Thomas Ferguson and Dr. Prakash Narain - Senior Commission Crystal Killian and Wayne Schoemann - Traffic Commission REPORT OF WORKSHOP AGENDNCLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The Assistant Community Development Director reported that staff reviewed an update and status report of the work completed on the Conceptual Master Plans for the Los Alamitos Race Track and Golf Course Project Area. He stated that suggestions and comments were sought from the Council and staff received direction to continue working with the property owners involved. Mayor McGill stated that it was not necessary to discuss any of the items listed on the Closed Session agenda. 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. Leo Friedland, Chair, Cypress Community Festival Committee, presented the City Council with Festival shirts and invited the public to attend the Cypress Community Festival on Saturday, July 23rd at Oak Knoll Park. The following spoke regarding Lincoln Center Mobile Home Park: Samii Taylor Yakovetic, Cypress Violet Chapman, Cypress Fred Wagner, Cypress Mary Crowder, Cypress, spoke regarding fireworks. 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 TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 2005-06. CITY OF CYPRESS PROJECT NO. 8615-90. The Public Works Director provided background information on this item. The public hearing was opened. 2 CITY COUNCIL MINUTES 453 JULY 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 McCoy and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, ordering the renewal of the Cypress Corporate Center Landscape Maintenance District NO.1 for Fiscal Year 2005- 06, pursuant to the Landscaping and Lighting Act of 1972, and confirming the Diagram and Assessment thereof. 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. 5878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 2005-06, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. Item NO.2: PUBLIC HEARING REGARDING DESIGN REVIEW COMMITTEE PERMIT NO. 2005-03 AND CONDITIONAL USE PERMIT NO. 2005-14, A REQUEST BY JONES DEVELOPMENT GROUP TO DEVELOP TWO (2) RETAIL COMMERCIAL SHOP BUILDINGS AT THE NORTHEAST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE IN THE PBP ZONE WITHIN THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN AREA. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicant, Craig Jones, Managing Member, Jones Development Group, stated that they have been working with staff and accept the conditions of approval for the project. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Keith Johns, Los Alamitos, spoke in favor of the development. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member Luebben stated that he is very pleased with the project and will be a tremendous addition to the Costco center. It was moved by Council Member Luebben and seconded by Council Member McCoy, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2005-14 and Design Review Committee Permit No. 2005-03 - with conditions. 3 454 CITY COUNCIL MINUTES JULY 11, 2005 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. 5879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-14 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2005-03 - WITH CONDITIONS. JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY: Item NO.3: JOINT PUBLIC HEARING REGARDING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND JONES DEVELOPMENT GROUP. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicant, Craig Jones, Managing Member, Jones Development Group, was present. 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 McCoy and seconded by Council Member Seymore, that the City Council and Redevelopment Agency: 1) Hold a joint public hearing on the Disposition and Development Agreement between the Agency and Jones Development Group in accordance with Community Redevelopment Law Section 33433; and 2) Adopt the City Council Resolution by title only, approving a Disposition and Development Agreement between the Cypress Redevelopment Agency and Jones Development Group, LLC, pertaining to certain real property located within the Los Alamitos Race Track and Golf Course Redevelopment Project Area in the city of Cypress; and 3) Adopt the Redevelopment Agency Resolution by title only, approving a Disposition and Development Agreement between the Agency and Jones Development Group, LLC, pertaining to certain real property located within the Los Alamitos Race Track and Golf Course Redevelopment Project Area in the City of Cypress. 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. 5880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND JONES DEVELOPMENT GROUP, LLC, PERTAINING TO CERTAIN REAL PROPERTY LOCATED WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA IN THE CITY OF CYPRESS. 4 455 CITY COUNCIL MINUTES JULY 11 , 2005 RESOLUTION NO. CRA - 123 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND JONES DEVELOPMENT GROUP, LLC, PERTAINING TO CERTAIN REAL PROPERTY LOCATED WITHIN THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA IN THE CITY OF CYPRESS. 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 Luebben and seconded by Council Member Seymore, to approve Consent Calendar Items NO.4 through 12. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Luebben, McCoy, Seymore, and McGill NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sondhi Item NO.4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JUNE 13. 2005. Recommendation: That the City Council approve the Minutes of the Meeting of June 13, 2005, as submitted. 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: APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CYPRESS AND DAVID J. NORMAN. Recommendation: That the City Council approve the City Manager Employment Agreement between the City of Cypress and David J. Norman, and authorize the Mayor to execute the Agreement on behalf of the City Council. Item NO.7: ADOPTION OF RESOLUTION TO CONFIRM APPOINTMENT OF THE ASSISTANT CITY MANAGER TO SERVE AS THE CITY'S ACTING CITY MANAGER FROM JULY 28 TO AUGUST 1. 2005, AND APPROVAL OF AN ADDITIONAL 5% SALARY AS COMPENSATION FOR THE TEMPORARY APPOINTMENT. Recommendation: That the City Council adopt the Resolution by title only, confirming the appointment of the Assistant City Manager to seNe as the Acting City Manager from July 28 to August 1, 2005, and approval of an additional 5% salary as compensation. RESOLUTION NO. 5881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CONFIRMING THE APPOINTMENT OF THE ASSISTANT CITY MANAGER TO SERVE AS THE ACTING CITY MANAGER FROM JULY 28 TO AUGUST 1,2005, AND APPROVAL OF AN ADDITIONAL 5% SALARY AS COMPENSATION. 5 456 CITY COUNCIL MINUTES JULY 11 , 2005 Item NO.8: APPROVAL OF PURCHASE AND ASSIGNMENT OF CLAIM IN THE CASE OF ILLINGWORTH ET AL. V. CITY OF CYPRESS ET AL. Recommendation: That the City Council approve the Purchase and Assignment of Claim by and between Buckner, Alani, Khouri, Chavos & Mirkovich, the City of Cypress, and June S.S. Liu, and authorize the Mayor to execute the same on behalf of the City. Item NO.9: APPROVAL OF URBAN AREA SECURITY INITIATIVE (UASI) EQUIPMENT AND REQUIRED TRANSFER AGREEMENT. Recommendation: That the City Council: 1) Approve the equipment, technology or seNices provided with Urban Area Security Initiative (UASI) grant funds; and 2) Authorize the Mayor to execute the Agreement to Transfer or Purchase Equipment or SeNices (mobile command vehicle) and Agreement to Transfer or Purchase Equipment or Services (equipment, technology and seNices); and 3) Approve the increase in the appropriation of maintenance fees in the amount of $1,000 for Fiscal Year 05/06 into account 4159-76-634-08 (SeNices to Maintain Licensed Vehicles). Item No. 10: AWARD OF CONTRACT FOR CROSSING GUARD SERVICES. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A 1 OC, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard seNices to All City Management SeNices, Inc., 1749 S. La Cienega Blvd., Los Angeles, CA 90035, for an amount not to exceed $151,102 per year. Item No. 11: ACCEPTANCE OF FINAL TRACT MAP NO. 16781. PROPERTY LOCATED AT 8641-8651 BELMONT STREET. Recommendation: That the City Council approve Final Tract Map No. 16781 and authorize the City Clerk to sign the record map. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 70597 THROUGH 70829. Recommendation: Approve the attached warrant register. 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. 6 CITY COUNCIL MINUTES 457 JULY 11,2005 ORAL COMMUNICATIONS: For Matters Not on the Agenda. Samii Taylor Yakovetic, Cypress, spoke regarding Agenda Item NO.2. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended a City/Cypress School District Joint Steering Committee meeting where a status was provided on potential development opportunities for the Mackay School site. Attended the Fourth of July celebration at the Joint Forces Training Base and complimented the Recreation and Community SeNices staff for their work at the event. Attended a tour of the Tara Village apartment complex. Attended the Cypress Pops performance at the Concert on the Green. Council Member Seymore: Participated in a Save Our Soldiers (SOS) fundraiser through the organization Yellow Ribbon America. Attended the Fourth of July celebration at the Joint Forces Training Base. Attended the Cypress Pops performance at the Concert on the Green. Council Member McCoy: Attended a City/Cypress School District Joint Steering Committee meeting. Attended a negotiation meeting at West Comm. Mayor McGill: Stated that the Cypress Community Festival will be held on Saturday, July 23,2005 and that Costco will be opening on July 14, 2005. Mayor McGill asked that representatives from Orange Line be invited to give the City Council a presentation at a future date. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:30 p.m. to Monday, July 25, 2005, beginning at 5:30 p.m. in the Executive Board Room. JU~ MAYOR OF THE CITY OF CYPRESS ATTEST: 7