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Minutes 2006-11-27 286 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 27,2006 A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Sondhi in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Others present: Interim City Clerk Denise Basham The Mayor 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 6:01 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 7:05 p.m. by Mayor Sondhi. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Chief of Police Rick Hicks Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Finance Manager Matt Burton Water Quality Manager Gonzo Vazquez Associate Planner Doug Hawkins Associate Planner Kori Nevarez Interim City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by Council Member McGill. 287 CITY COUNCIL MINUTES NOVEMBER 27, 2006 PRESENTATIONS: A video presentation was made by the Cypress Chamber of Commerce in recognition of outgoing Council Members Sondhi, McCoy, and McGill. Mayor Pro T em Luebben presented City watches as a token of appreciation and Resolutions highlighting the accomplishments of outgoing Council Members Sondhi, McCoy, and McGill. Council Member Seymore stated that it has been a pleasure working with the Council Members for the last two years and that they are an asset that will be missed. Mayor Sondhi thanked former Council Member Keenan for his mentoring. She stated that it has been a privilege to serve the community for the past eight years. She thanked her family, staff, her fellow Council Members, and the community for their support. Council Member McCoy stated that it has been a memorable eight years. He thanked his family for their support, the residents for their belief in him, City staff, and his colleagues. He introduced and thanked Council Member Chavez from Oceanside for his attendance at the meeting. Council Member McGill commended staff and his colleagues for their team effort. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. Mayor Sondhi reported that the City Council met in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. She stated that 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 Sondhi asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Tim Keenan, Cypress, thanked the City Council for their hard work and dedication over the last eight years. Joseph McGill, Fullerton, spoke regarding the proposed Walgreen's store at Valley View Street and Lincoln Avenue. 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 A SIX-MONTH EXTENSION OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-1 , INVOLVING AN AESTHETIC UPGRADE TO AN EXISTING TELECOMMUNICATIONS ANTENNA FACILITY LOCATED AT 5285 CYPRESS STREET IN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. Council Member Seymore asked about consideration of using a monopine or palm tree upgrade at this location. 2 ,288 CITY COUNCIL MINUTES NOVEMBER 27, 2006 The Associate Planner stated that changing to a monopine adds additional weight and cost for the upgrade. Mayor Sondhi asked about the need for an extension due to the reorganization of the company. The Associate Planner stated that it is common practice in the industry now with company mergers and companies that purchase the right to manage cell sites. The public hearing was opened. Eduardo Rodriguez, Global Signal, was available to answer questions. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. Council Member McCoy stated that for aesthetics, the City should use pine or palm antennas. Council Member McGill commented regarding giving the company some consideration for modifying the existing antenna and agreed with Council Member McCoy about the use of palm or pine antennas. The public hearing was closed. It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving the Extension of Amendment to Conditional Use Permit No. 96-1 (until April 10, 2007), subject to the revised conditions in Exhibit "A" of the Resolution. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 1 COUNCIL MEMBERS: McCoy ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A SIX (6) MONTH EXTENSION OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-1 - WITH REVISED CONDITIONS. Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-10. A REQUEST TO ESTABLISH A TAKE-OUT PIZZA RESTAURANT WITHIN AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 6879 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. Council Member Seymore confirmed with staff that there was not a request for an alcoholic beverage license for a take-out establishment. He asked whether a prohibition of an ABC license could be included. The City Attorney indicated that that prohibition would not be appropriate. He stated that an ABC application is brought by the property owner and the proprietor of the establishment and at that time it goes through ABC and CUP review. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. 3 289 CITY COUNCIL MINUTES NOVEMBER 27,2006 The applicant, Irfan Boukai, Papa John's Pizza, indicated he was available to answer any questions. Mayor Sondhi 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 McGill, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2006-10, subject to the conditions in Exhibit "A" of the Resolution. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 5993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2006-10 - WITH CONDITIONS. Item NO.3: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-09. A REQUEST TO ADD THE ON-SITE SALE OF BEER AND WINE TO THE EXISTING PHILL Y GRILL RESTAURANT LOCATED AT 6312 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. Mayor Sondhi asked about the business being open without complying with the Fats, Oils, and Grease (FOG) program. The Associate Planned indicated that this business has been operating approximately six months without being in compliance with the FOG program. Council Member Seymore expressed his concern about the other five locations in the area with alcohol beverage permits. Because of the other uses around this location, he was concerned about adequate parking on the site, as well as the applicant's refusal to install the mandatory fats, oils, and grease interceptor. Council Member McGill asked for clarification for the public on the Fats, Oils, and Grease program. The Water Quality Manager stated that the Fats, Oils and Grease program came about as a result of a permit that was adopted by the State of California in 2002, known as a Waste Discharge Requirements Permit. All cities and counties were required to implement programs that would address the issue of fats, oils, and grease being released into sanitary sewer systems, primarily to implement programs that apply to food service establishments, to avoid sanitary sewer overflows which can end up going into our storm drain systems and eventually into the ocean. The public hearing was opened. The applicant, Narain Singh, provided background information on why there was not a grease interceptor at the restaurant. He stated that a grease trap under the sink was initially approved by the City and the Health Department for the type of food served at the establishment. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. 4 290 CITY COUNCIL MINUTES NOVEMBER 27, 2006 The public hearing was closed. Council Member McGill asked for clarification on the plan check process at the time the restaurant was opened. The Water Quality Manager stated that the applicant was advised that a grease interceptor device would need to be installed as part of his operation. Council Member McGill expressed his apprehension for an on-site beer and wine request for a conditional use permit in light of other indicators such as compliance with the FOG program. Mayor Pro Tem Luebben commented on the information provided on the other ABC establishments in the surrounding vicinity. He stated that when there is a business establishment that is conducting business in accordance with all other rules and regulations, you put them at a disadvantage if you try to tell them they cannot serve beer and wine when all their competitors are. He was concerned, however, about the fats, oils, and grease statutes, which are very important because of the spillages and backflows, etc. He stated that the City has spent a great deal of time in the past few years evaluating and hiring experts to come up with a very fair way to manage FOG issues. Council Member McCoy commented about being business-friendly and a business blatantly not following State or City requirements. It was moved by Council Member McCoy and seconded by Council Member Seymore, that the City Council deny Conditional Use Permit No. 2006-09. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Mayor Sondhi commented that once the FOG process or requirements have been met, that the City Council would be willing to hear the application on the merits, but is interested in seeing compliance with all the rules and regulations of the City prior to consideration of the CUP for sale of beer and wine on-site. Item NO.4: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2006-11 , A REQUEST TO CONSTRUCT FIVE (5) DETACHED CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5591-5597 SPRAGUE AVENUE IN THE RM-15 RESIDENTIAL MUL TIPLE-FAMIL Y ZONE. The Associate Planner provided background information on this item. Mayor Sondhi asked for clarification on the number of designs for the project. The Associate Planner indicated that there are two different floor plans. The public hearing was opened. The designer, Manny Montes, representing the applicant, was available for questions. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. 5 291 CITY COUNCIL MINUTES NOVEMBER 27, 2006 Council Member McGill commented regarding the setback for landscaping and the sidewalk, parking adequacy at infill projects, and the "bowling alley" affect of the project. The Associate Planner indicated that the setback was 20 feet. He stated that the bowling alley affect is due to the shape of the property. Typically when there is a development like this, staff asks the property owner if they have approached the adjacent property owners to purchase their property so they can eliminate this bowling alley affect. Unfortunately, when dealing with one property, there is little or no room to design a project that can eliminate this kind of affect on narrow property. Councilmember McGill stated there was adequate setback, parking, and not a maximum build-out of the property. Mayor Sondhi asked about trash containers for the project. The Associate Planner indicated that for this particular street, trash receptacles are placed out on Sprague Avenue, typical for all developments except for those with turn- arounds provided on site. He reported that this property is just over 300 feet deep. Council Member McCoy expressed his concerns over the project. He was concerned about the bowling alley affect, that the design for the drive was too sterile, and that the architecture was bland. Council Member Seymore asked about the exterior of the buildings and whether faux rock or brick on the lower portion was considered. The Associate Planner reported that this was discussed with the designer and the applicant but they preferred to do a colored accent band. Mayor Pro Tem Luebben inquired about the width of the property and the need for improvements to make it more aesthetically pleasing, such as brick or flagstone insets in the driveway and more improvements to the units. The Associate Planner stated that the lot was just over 68 feet wide, and that one of the conditions requires stamped, colored concrete at least 20 feet in depth, located at the entrance to the project site. He stated that the condition can be modified if Council desires to add insets, etc. Council Member Seymore commented that 20 feet of stamped, colored concrete could be required every other 20 feet, to break up the monotony. He urged faux stone or brick be required on the lower portion of the building. Council Member McGill stated that he would like the City Council to continue this item since there is real potential here to make the best use of the parcel. It was moved by Council Member McCoy and seconded by Council Member McGill, to continue this item to the January 8, 2007 Council meeting. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item NO.5: PUBLIC HEARING REGARDING APPLICATIONS FOR SPECIAL RESIDENTIAL ADDRESSING SERVICE PERMITS. The Water Quality Manager provided background information on this item. Council Member McCoy asked about the notification process and donations for the service. 6 292 CITY COUNCIL MINUTES NOVEMBER 27, 2006 The Water Quality Manager commented that City policy is that the applicant must paint all of the curb address numbers, whether or not a resident requests that it be painted. The donation for the service is voluntary. Mayor Sondhi commented about notification to the community about legitimate organizations performing this service. The public hearing was opened. An applicant, Austin Reinitz, Care for the Children, asked for extended hours to collect donations for services if the City does approve the permit. An extension of an hour or an hour and a half later would be helpful to reach residents who work. Mayor Pro Tem Luebben asked about revenues that go to the charity and collection of donations. Mr. Reinitz responded that Care for the Children is an international organization and that the charity receives 100% of the money, and then the services are paid a percentage of the donations if funds are available. He indicated current fund raisers and recipients of their charity. The Water Quality Manager indicated that there are approximately 12,000 households in the City. Council Member McCoy asked how much of the money collected actually goes to the charity. Mr. Reinitz reported that painters get $1.45 per address; approximately one household in five will pay $20, one will not pay, with the remainder paying from $1 to $10. The charity receives $.30 per address and receipts average $3.00 - $4.00 per house. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. Doug Bailey, Cypress, President of the Boys and Girls Club, asked the City Council to consider charities that have higher percentages of collected funds going directly to the charity. The public hearing was closed. Mayor Sondhi asked for clarification on the process and frequency of painting. The Water Quality Manager discussed the application process for the curb numbering service. There was no public notification, but the City was approached by the groups to provide the service. He stated that the last time curbs were painted was four years ago. Mayor Sondhi commented regarding local service groups possibly providing the service through a clear process. Mayor Pro Tem Luebben commented regarding the development of an open process for local organizations to step forward and paint curbs and have those funds benefit their charity. A return of 10% to a charity was unacceptable to him. Council Member Seymore expressed his concerns regarding collection by charities for this service. He felt there was a need for the service to be done, but has reservations about how charities go about doing this. Council Member McGill also commented regarding amounts collected that are going to the non-profit organizations and formalizing the process more. 7 293 CITY COUNCIL MINUTES NOVEMBER 27, 2006 It was moved by Council Member McGill and seconded by Mayor Pro Tem Luebben, that the City Council deny the applications without prejudice to resubmit. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 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. Council Member Seymore requested Agenda Item No. 13 be pulled from the Consent Calendar. Council Member McGill requested Agenda Item No. 8 be pulled from the Consent Calendar. It was moved by Council Member Seymore and seconded by Council Member McCoy, to approve Consent Calendar Items No.6, 7, and 9 through 12. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No.6: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 13, 2006. Recommendation: That the City Council approve the Minutes of the Meeting of November 13, 2006, as submitted. Item NO.7: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.9: APPROVAL OF URBAN AREA SECURITY INITIATIVE (UASI) AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT OR SERVICES OR REIMBURSEMENT OF TRAINING COSTS. Recommendation: That the City Council: 1) Approve the recommended purchase of equipment or services, or training reimbursement provided by the Urban Area Security Initiative (UASI) grant program; and 2) Approve the increase to the estimated revenues in the General Fund in Other Grants, account number 3525-11-999-99, in the amount of $13,052 for the 2006 UASI grant; and 3) Approve the appropriation of $13,052 from the 2006 UASI grant to the unreserved fund balance of the General Fund to Emergency Services Training, account number 4206-11-180-05, for training related to terrorism, and 4) Authorize the Mayor to execute three (3) original copies of the "Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY06 Urban Area Security Initiative (UASI)." Item NO.1 0: ACCEPTANCE OF FISCAL YEAR 2005-2006 ANNUAL REPORT FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the City Council accept and direct staff to file the Fiscal Year 2005-2006 Annual Report of the Cypress Redevelopment Agency with the State Department of Housing and Community Development by December 31,2006. 8 294 CITY COUNCIL MINUTES NOVEMBER 27, 2006 Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER. 2006. Recommendation: That the City Council receive and file the Investment Report for the month of October, 2006. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78224 THROUGH 78410. ~i>!!i'~ Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Reqardinq Item NO.8: APPROVAL OF AGREEMENTS AND AWARD OF CONTRACTS FOR CLOSED CIRCUIT TV INSPECTION OF CITY'S SANITARY SEWER LINES. PUBLIC WORKS PROJECT NO. 2006-18, Council Member McGill stated that the City's sewers were some of the finest in the County because of the maintenance by Public Works. He requested a brief staff report on this item. The Public Works Director provided information on the inspection of the sanitary sewer system. Council Member McGill thanked Public Works for its diligence, and stated that he hopes the City never suffers a major sewage leak. It was moved by Council Member McGill and seconded by Council Member Seymore, that the City Council: 1) Approve and authorize the City Manager to execute the agreement with Orange County Sanitation District to receive matching funds from the Cooperative Project Program for Sewer Condition Assessment Plan, Public Works Project No. 2006-18 and approve an increase in the estimated revenues for the Sewer Fund (Other Grants-Account No. 3525-41) in the amount of $325,000; and 2) *"~ Determine it is in the best interest of the City, based on a time and costs savings, to dispense with the request for qualifications (RFQ) process for professional consulting services; and 3) Award a contract in the amount of $230,640 and authorize the City Manager to execute the agreement for Preparation of City's Sewer Condition Assessment Plan to AKM Consulting Engineers, 101 Pacifica, Suite 150, Irvine, California 92618, and authorize a contingency of $23,000 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer and issue any necessary change orders to complete additional work within budgetary authority; and 4) Award a contract in the amount of $339,700 and authorize the City Manager to execute the agreement for Cleaning and Closed Circuit TV Inspection of Sanitary Sewer Lines to National Plant Services, 1461 Harbor Avenue, Long Beach, California 90813, and authorize a contingency of $34,000 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer and issue any necessary change orders to complete additional work within budgetary authority. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Recreation and Park District Matters: Reqardinq Item No. 13: DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO RESCIND THE AWARDED BID WITH FLlNTRIDGE LANDSCAPE AND T-CONSTRUCTION AND ENTER INTO CONTRACT WITH THE NEXT LOWEST RESPONSIBLE BIDDER AND AWARD THE PHASE 5 BID FOR THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION - PROJECT NO. 2005- 35, Council Member Seymore commented that the Council is being asked to rescind an awarded contract and asked to pay more money for services that will be rendered. He 9 295 CITY COUNCIL MINUTES NOVEMBER 27, 2006 stated that although the City will probably have to approve these, he wanted to bring it to the public's attention. Gary Chubb, Griffin Structures, responded to Council Member Seymore's comments and questions. He stated that when a public works bid is received and then the contractor refuses to enter into a contract for several reasons, it typically requires action to award the contract to the second lowest bidder. He stated that Griffin Structures has offered to refund, as part of their management fee, the equivalent of what would have been in place if these contractors had placed a bid bond. He stated that due to a tight schedule, they felt it was their diligence to the City to start the work on time. Council Member Seymore commented on what role the project managers should perform in analyzing and reviewing the bid numbers. Mayor Pro Tem Luebben asked the City Attorney about the process and obligation to accept the bids that were submitted. The City Attorney responded that this was a very unusual contract in that the City delegated some of its "police powers" to a construction manager to do the work for them. The primary advantage is this will bring a contract in earlier than the normal design, bid, and build process. He commented on the public contracts code and the process had the City not used a construction manager for the project. Mayor Pro Tem Luebben asked what discretion the contractor has when the bids were received. The City Attorney explained some of the things the project manager can do in reviewing the bids. Mayor Sondhi commented on the term "lowest responsible bidder", the project manager's due diligence, the loss of control, and the guaranteed maximum project price. Council Member McCoy commented regarding any cost savings that would be realized by the City and that, unfortunately, at this point in time, the City has lost realized potential savings of $67,000. It was moved by Council Member Seymore and seconded by Council Member McGill, that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, direct Griffin Structures Inc. (its Project Manager) and its Construction Manager, Swinerton Builders, for Project No. 2005-35, Modernization and Expansion of Cypress Community Center, to: 1) Rescind the award of contract to Flintridge Landscape and T-Construction, due to the failure to execute the required contracts; and 2) Authorize the Project Manager to enter into replacement contracts with the second lowest responsible bidders American Demolition and Preferred Landscape; and 3) Authorize the Project Manager to award the Phase 5 contract for flooring to SCS Flooring Systems. Each of these actions is requested in accordance with Section 3.7 of the July 10, 2006 Council Approved Program Management Agreement (the "Agreement"). Recommendation for award of bids are as follows: Trade Contractor Total Contract Amount Landscape Preferred Landscape $135,000.00 Demolition American Demolition 118,000.00 Painting Sanders & Wohrman 49,800.00 Flooring SCS Flooring Systems 20,846.00 The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi NOES: 1 COUNCIL MEMBERS: McCoy ABSENT: 0 COUNCIL MEMBERS: None END OF CONSENT CALENDAR 10 296 CITY COUNCIL MINUTES NOVEMBER 27, 2006 ORDINANCES (SECOND READING): Item No. 14: SECOND READING OF AN ORDINANCE ADOPTING SPECIFIC PLAN AMENDMENT NO. 2006-01 , A REQUEST TO ELIMINATE THE MAXIMUM FRONT YARD SETBACK REQUIREMENT IN THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. It was moved by Council Member Seymore and seconded by Council Member McGill, to adopt the Ordinance by title only, approving Specific Plan Amendment No. 2006-01. Mayor Sondhi stated that she felt the City was denying the long history that went into the development of this portion of the Specific Plan on Lincoln Avenue. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: McCoy, McGill and Seymore NOES: 2 COUNCIL MEMBERS: Luebben and Sondhi ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO.1 085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 4.5.1, DEVELOPMENT STANDARDS MATRIX, TABLE 2, OF THE LINCOLN AVENUE SPECIFIC PLAN FOR THE PURPOSE OF ELIMINATING THE MAXIMUM FRONT YARD SETBACK REQUIREMENT WITHIN THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN A VENUE SPECIFIC PLAN. Item No. 15: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2. ARTICLE IV. SECTIONS 2-40 THROUGH 2-120 RELATED TO "BOARDS. COMMISSIONS AND COMMITTEES" AND THE CABLE TELEVISION COMMISSION. It was moved by Council Member Seymore and was seconded by Mayor Pro Tem Luebben, to adopt the Ordinance by title only, approving Amendment to Chapter 2, Article IV, Sections 2-40 through 2-120 related to "Boards, Commissions and Committees" and the Cable Television Commission. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND THE EX OFFICIO GOVERNING BODY OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING CHAPTER 2, ARTICLE IV, SECTION 2-40 THROUGH 2-120, RELATED TO "BOARDS, COMMISSIONS AND COMMITTEES" AND THE CABLE TELEVISION COMMISSION. NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 11 297 CITY COUNCIL MINUTES NOVEMBER 27,2006 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Young Chai, Cypress Chamber of Commerce, provided an update on Chamber activities and events. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Seymore: Attended an O.C. Fire Authority Board meeting. Attended the Donald Sowma Police Memorial at the Cypress Police Department. Attended a West Comm Board meeting. Council Member Seymore reported on his attendance and involvement at various community events and activities. Upon request of Council Member Seymore, Police Chief Hicks provided an overview of the Donald Sowma Police Memorial event. Council Member McCoy: Thanked the Chamber for the video presented this evening and thanked staff for all its hard work. Mayor Pro Tem Luebben: Attended an O.C. Sanitation District Board meeting. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. Mayor Pro Tem Luebben thanked the three outgoing Council Members for their counsel and guidance, and for their service. Mayor Sondhi: Mayor Sondhi reported on her attendance and involvement at various community events and activities. Other Items: 1. Discussion Regarding Political Contributions and Campaign Disclosures (Requested by Council Member McGill) Council Member McGill requested that political campaign donations be agendized at a future meeting that mirrors the County's contribution limit of $1,500. Mayor Pro Tem Luebben stated the he felt that it would be appropriate for the next City Council to agendize if they felt the need. Council Member McCoy stated his agreement with Mayor Pro Tem Luebben. Council Member Seymore indicated his agreement with agendizing the item for a future meeting. Mayor Sondhi also indicated her agreement with agendizing this item for discussion at a future workshop session. 12 298 CITY COUNCIL MINUTES NOVEMBER 27, 2006 Council Member McGill stated that the second item he would like to have agendized is that campaign disclosure documents required by the FPPC be made available on the City's website as information for the public. Council Member McCoy clarified what filings. Mayor Sondhi felt that full disclosure of information would be helpful. Mayor Pro Tem Luebben commented that he did not have any problem with transparency but questioned the timing of the requests. Council Member Seymore stated that he would like to see this item agendized also. Mayor Sondhi asked that a City-sponsored Electronic Waste Day be agendized as some charitable organizations will no longer accept used computers, etc. Mayor Pro Tem Luebben commented on the additional cost to the City to dispose of these items. Mayor Sondhi stated she would like to see a once-a-year event or in conjunction with another city. Council Member Seymore provided information on a recycling center in Anaheim for electronic waste and indicated his support for a once-a-year drop off at the Civic Center. Council Member McCoy stated that he would like to see the agenda item be expanded to include paint and other types of household wastes from Cypress residents. Council Member McGill concurred with Mayor Sondhi's comments and stated that it would be a welcomed discussion point for future discussion. ITEMS FROM CITY MANAGER: The City Manager thanked the outgoing Council Members for their support of staff during their eight years on the City Council. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:21 p.m. to Monday, December 11, 2006, beginning at 6:00 p.m. in the Council Chambers. ~ MA YOR OF THE CITY OF CYPRESS ATTEST: j)uLWL 0uow~ CITY CLERK OF THE CITY OF CYPRESS 13