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Minutes 99-11-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD NOVEMBER 22, 1999 A regular meeting of the City of Cypress City Council was called to order at 5:30 p.m. on Monday, November 22, 1999, bV Mayor Keenan In the Executive Board Room, West Wing Of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: Keenan Councilmembers MCCOV, MCGilI, Sondhi, Mayor Pro Tern PlercV, Mayor ABSENT: None. AlSO present were Interim City Manager Storey, City Attorney WVnder, and staff members. WORKSHOP SESSION: 1. Review of Sewer Maintenance Fees. Public Works Director Jeff Sinn introduced Jim Gorin, Associate Engineer, who presented a report to the City Council regarding the three options previously identified by Council to be targeted when addressing the clty's sewer maintenance fee issue. Mr. Gorin reminded the Council that at a workshop held on AUgUSt 9, 1999, the Council had directed staff to investigate three of the eight alternatives listed for handling the sewer infrastructure problems. These included Alternative 2, which Would provide fully-funded operations and maintenance, including an inflation factor. Under this plan, the sewer fee would be increased in order to completely fund operations and maintenance costs, With no dependence upon the General Fund. ALSO, the fee would be automatically adjusted for inflation every five years. This ChOiCe would fund current operations, but would not provide funding for any emergencies, repair of "hot spots", or implement capital replacement. Alternative 5 was also included. This choice includes Alternative 2, above, and also provides a reserve for emergencies, repair of the "hot spots", and allows pro-active repair of the sewer system. In addition, this alternative also provides an emergency reserve in the amount of $250,000 (considered adequate for system repair from a moderate single emergency to the system); and $500,000 over a five-year period, which would address the previously identified 41 problem sites in the system. AdditiOnally, this alternative includes systematic repair of the sewer system, and includes a pro-active approach for identifying additional potential problem areas, TV camera inspection of the system, and replacement/relining of sewer pipes. The third alternative discussed (Alternative 6) includes the above two alternatives, and funding to replace the oldest sewer lines in the City (those constructed prior to 1965). Staff's recommendation was the adoption of Alternative 5, which provides a reserve for emergencies, repair of the 41 previousiV-identified problem areas, and pro- active repair of the sewer system in the most cost-effective manner. Mr. Gorin also presented a report comparing existing and proposed Sewer system maintenance fees compiled from Southern California Water Company data. He explained that the proposed fees Were based on actual usage. He said that Cypress' current fees are much less than the average of neighboring cities. Following staff's presentation and discussion of same, the City Council requested that a plan be prepared which would phase in the necessary fee increase in three steps over a period of a year and returned to the Council for review, prior to implementing any changes. Further, it was the wish of the council that future fees be based upon use, not square footage. City staff will also follow-up on a grant request to the Orange County Sanitation District Which could assist in offsetting the cost of the necessary repairs to the system. 2. Consideration of Skate Facility at Veterans Park and Various Other Parks. CITY COUNCIL MINUTES NOVEMBER 22, 1999 Recreation and Parks Director Marvin DeCarlo, assisted by ArChitect Steve Rose of PUrkiSs-ROse-RSI, provided a presentation to the City Council regarding consideration of skate facility options at various Cypress parks. Three options were presented by staff for the Councll's consideration of options for skate areas at Veterans Park and other City of Cypress parks: 1. Consideration of a "pilot plaza" and/or a "linear skate plaza" design as an optional application for a skate facility of approximately 4,000 sq. ft.-10,000 sq. ft. at veterans Park; 2. Consideration of proportional impact of various proposed dimensions of skate areas at Veterans Park to measure 2,000 sq. ft.-8,000 sq. ft.; 3. TO pursue "pilot plaza" or "linear style plaza" at possible locations of Arnold/Cypress Park, Oak Knoll Park and a park in the Southern portion of the City. Mr. DeCarlo advised that $70,000 is currently available in the budget for construction of a skatepark facility. The "plaza" type can be constructed for approximately $12-$15 per square foot, with the "pilot plaza" being constructed at a total cost of approximately $48,000.00. The type of facility staff was recommending for Veterans Park would measure approximately 7,500 square feet, and could be constructed at a cost totaling approximately $120,000. The Council directed staff to review the fiscal options of the proposed facilities, to develop plans for a 4,000 square foot skate facility to be installed at Veterans Park, and to explore development of a skate facility Master Plan for skate areas throughout the city of Cypress. RECESS: The Mayor recessed the meeting at 6:35 p.m. to the City Council Chamber Conference ROOm, tO enable the Council to enter into closed Session to discuss the following agendized item: CLOSED SESSION: conference with Legal Counsel-Anticipated Litigation (CaI. Govt. Code ,~ 54956.9[b]). During this session, the City Council authorized staff to join as a party plaintiff in an action to sue the Airport Land Use Commission over recent action to adopt the Airport Land Use Environs Plan. The City's contribution to legal fees and other costs associated with such legislation has been authorized in an amount not to exceed $20,000. 7:00 P.M. SESSION: The meeting reconvened at 7:00 p.m. PRESENT: Councilmembers MCCOV, McGilI, Sondhi, Mayor Pro Tern PiercV, Mayor Keenan. Also present were Interim City Manager StOrey, City Attorney Wynder, and staffmembers HensleV, AngUs, LIu, Sinn and DeCarlo. PLEDGE OF ALLEGIANCE: In memory of President John F. Kennedy, assassinated 36 years ago this date, Mayor Keenan led the Pledge of Allegiance. INVOCATION: The invocation was given bV Police Chaplain Jerry Schumard, Assistant Pastor, Cypress Baptist Church. PRESENTATIONS: Presentation of Resolution Recognizing the Lorenz Family as the 1999 Cypress Family of the Year. Mayor Keenan provided a brief history of the "Family of the Year" observance, which was started when a Presidential Proclamation designated Thanksgiving Week as "National Family Week." The Mayor congratulated the Lorenz Family, and presented them with a Proclamation honoring them as 1999 Cypress Family of the Year. Mayor Keenan then listed many of Mr. & MrS. Lorenz' accomplishments. The Lorenzes were also provided with gift certificates from local merchants by Joan Edwards, Chairperson of the Family of the Year Committee. CITY COUNCIL MINUTES NOVEMBER 22, 1999 Mr. Lorenz came forward and thanked everyone for the honor bestowed upon his family. REPORT OF CLOSED SESSIONANORKSHOP AGENDA: Interim Cib/Manager RiChard Storey presented a report regarding the Workshop Session held at 5:30 p.m. by the City Council. At this session, a review of the City of cypress sewer Maintenance Fees had been conducted. The Council was updated on costs relating to different alternatives for the sewer fees based upon water consumption as opposed to a flat fee. ALSO, discussion was held regarding methods of implementing fee increases, with the result that any fee increases be implemented In several phases. When staff has developed a plan reflecting these requirements, it will be submitted to the Council for review. Mr. Storey advised that the second Workshop item was in reference to skate facilities to be constructed in various Cypress parks. Two types of facilities proposed were "skate plazas" and "linear skate parks", which vary in size and configuration. Various options were presented for the City councll's review. Development of a Master Plan for the installation of skate facilities in Cypress parks was also discussed. S~aff was directed bv the City Council to review the fiscal options of all proposed skate facilities, to develop plans for a 4,000 square foot skate facility to be installed at Veterans Park for submission to City Council at its first meeting in January, 2000, and to explore the development of a Master Plan for Cypress skate facilities in Veterans Park and in other parks in Cypress. The City Attorney advised that during a Closed Session held after the close of the Workshop, a Conference with Legal Council regarding Anticipated Litigation (CaI. Govt. Code ,~5z~956[b]) regarding one (1) case had been held. During that session, the Interim City Manager, Director of Community Development and City Attorney briefed the City Council on the status of forming a coalition of public and private entities to challenge the legality of the adoption of the recent amendments bV the Airport: Land Use Commission (ALUC) Of its Airport Land Use Environs Plan (ALUEP). A coalition of both public and private entities has been formed which is willing to fund a challenge to the ALUEP. The City Council authorized the City of Cypress to join as a party plaintiff In an action to sue the ALUC over recent action to adopt the Airport Land Use Environs Plan. Legal Counsel was also authorized to enter a 60-day extension of the statute of limitations with the County to bring that action, in an effort to negotiate a compromise solution to the differences which otherwise would be the subject of the proposed litigation. The Council also stated that in the event a lawsuit is actually filed, the City's contribution to legal fees and other costs associated with such litigation be capped at $20,000. After the above presentation had been made, the Mayor announced a five-minute recess at 7:15 p.m., to allow the City Council the opportunity to offer their congratulations to the Lorenz family. The meeting was reconvened at 7:25 p.m. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR, (THREE MINUTES PER SPEAKER, SPEAKING ONCE) Mayor Keenan opened the Oral Communications session, and asked for input from anyone present wishing to speak on anything not on the meeting agenda. Art Iniguez, a business owner whose barber shop is on Lincoln Avenue, introduced himself. Mr. Inlguez commented on the excellent job done on the Lincoln Avenue Redevelopment Plan. Mr. Inlguez also wished to complain about skateboarders, bicyclists and roller skaters, who, he said, interfere with his customers in front of the business and cause damage to the new planters. Chief Hensley responded to these comments bV stating that increased foot patrols and police presence in the area will be utilized to combat the problem. He urged all business owners to contact the police When similar problems occur, so that they may respond to the offenses being committed. Next to speak was AliCia Kimble of the Cultural Arts Commission. Mrs. Kimble urged everyone in Cypress to participate in decorating their homes for Christmas. She stated that a Commission-sponsored contest was being held to determine the best-decorated home in Cypress, and the deadline to enter would be December 12. MrS. Klmble added that the brochures providing details of the contest would be available to the public at city Hall, at the Library and the Community Center. Jim Walden, another LincOln Avenue business owner, introduced himself. Mr. Walden also commented on the successful completion of the LinCOln Avenue Streetscape. 3 CITY COUNCIL MINUTES NOVEMBER 22, 1999 Mr. Walden wished to register a complaint about skateboarders in front of his business, and alleged that the signage prohibiting same was inadequate, and should be expanded to include blcycljsts and skaters, as well. Mr. Walden also Was unhappy about the parking situation, saying that his business had dropped off 75% since he lost his Lincoln Street parking. He wanted to know when the provision of additional parking will be addressed. Jennifer Iniguez, part owner of Art's Barber and Beauty Salon, also spoke about the problems with the skateboarders. Ms. Iniguez claimed that at one time, she had been attacked by them after she had contacted the police. she stated that they were destroying the new amenities on Lincoln Street, and provided the City Council with photographs of the damage. Debbie Iniguez of Cypress added her support tot he previous allegations. She also complained that every time the police are contacted, the police follow-up by coming into their business. She stated that these visits result in the Skateboarders knowing who called the police, and results in retaliation. Chief Hensley responded that when the call to the police is placed, she should ask not be contacted at her business. He said that it ls normal procedure for the police officer to follow-up with the complainant, to assure him or her that the problem is being handled. Jo Ann West was next to speak. It was her opinion that too much residential development Is being done on Lincoln Street. No further comments were offered, and Mayor Keenan closed the Oral Communications Session. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered bV the City Council to be routine and wlll be enacted by one motion approving the recommendations listed on the Agenda. A motion was made by Councilmember Sondhl and seconded by Councilmember McCoV to approve Items I through 15. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOV, McGilI, Sondhi, Piercy, Keenan None None Item No. 1. Approval of CIty Council MInutes of the Regular Meeting of November 8, 1999. Recommendation: That the City Council approve the Minutes of the Regular City Council Meeting of November 8, 1999, as submitted, with Mayor Pro Tern Piercy abstaining due to her absence from the meeting. Item No. 2. Motion to Introduce and/or AdOpt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 3. Approval of Design Review Committee Permit NO. 99-38, Request to Install One (1) Building Sign for FCI Electronics. Located at 5700 Warland Drive; and Approval of Design Review Committee Permit No. 99-41, Request to Amend the SIgn Program Criteria for the Cypress East Shopping Center, at 10011-10201 Valley view Street. Recommendation: That the City Council adopt the Resolutions by titles only, titles as follows, approving Design Review Committee Permit NOS. 99-38 and 99-41, with conditions: Resolution No. 5175 A Resolution of the City Council of the City of cypress Approving Design Review Committee Permit NO. 99-38, with Conditions ResolutiOn NO. 5176 A Resolution of the City Council of the City of Cypress Approving Design Review Committee Permit No. 99-41, with Conditions CITY COUNCIL MINUTES NOVEMBER 22, 1999 Item NO. 4. Proclaiming December 1999, as "Drunk and Drugged Driving (3D) Prevention Month." Recommendation: That the Mayor and City Council officially proclaim December 1999, as "Drunk and Drugged Driving (3D) Prevention MOnth" in the City of Cypress. Item NO. 5. AdOption Of Resolution Recognizing the Lorenz Family as the 1999 Cypress Family of the Year. Recommendation: That the City Council adopt the Resolution by title only, title as follows, recognizing the Lorenz Family as the 1999 Cypress Family of the Year. ResOlUtiOn NO. 5177 A Resolution of the City Council of the City of Cypress Recognizing the Lorenz Family as the 1999 Cypress Family of the Year Item NO. 6. Proclaiming the Remaining Holiday Months of 1999 and All Of 2000 as "Buckle Up for Life Challenge." Recommendation: That the Mayor and City Council officially proclaim the remaining holiday months of 1999 and all of 2000, as "BUCkle Up for Life Challenge" in the City of Cypress. Item No. 7. Adoption of Resolution Authorizing the Destruction of Certain Personnel Files. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park DiStriCt, adopt the Resolution by title only, title as follows, authorizing the destruction of certain personnel files. Resolution No. 5178 A Resolution of the City Council of the City Of Cypress, and acting as the Ex Officio Governing Board of Directors of the Cypress Recreation and Park DiStriCt, Authorizing Destruction of Certain City/DiStriCt Records Item NO. 8. Adoption of Resolution Approving the city's Disadvantaged Business Enterprises Goal and Program for Federal Fiscal Year 1999-2000. Recommendation: That the City Council: 1) AdOpt the Resolution by title only, title as follows, adopting a Disadvantaged Business Enterprises (DBE) Program; and 2) EstabliSh the City's Annual DBE Goal for the period of October 1, 1999, through September 30, 2000, to be 13%: Resolution No. 5179 A Resolution of the City Council of the City of Cypress, California, Adopting a Disadvantaged Business Enterprises Program FOr All Capital Improvement Projects Undertaken by the City of Cypress Which Will Receive United States Department of Transportation Funding and Establishing a Disadvantaged Businesses Enterprise Goal FOr the Federal 2000 Fiscal Year Item NO. 9. Review of Monthly Investment Program for the Month of October 1999. Recommendation: Receive and file. Item NO. 10. Approval of City Of Cypress Participation in Katella Avenue Pavement RehabilitatiOn from Lexin.qton Drive to Siboney Street, Public Works Proleer No. 993:~ Recommendation: That the City Council: 1) Approve an agreement with the City of Los Alamitos for City of Cypress participation in the pavement rehabilitation of Katella Avenue from Lexington Drive to Siboney Street; and 2) approve an appropriation of $36,042 from the Unreserved Fund Balance of the GaS TaX Fund NO. 2106 tO the Arterial Highway Rehabilitation Account NO. 4186-22-493-21. Item NO. 11. Acceptance of the Audit Report of the City of Cypress' Appropriation Limit for the Year Ended June 30. 1999. CITY COUNCIL MINUTES NOVEMBER 22, 1999 Recommendation: Receive and file. Item No. 12. ApprOVal Of Agreement for the Monitoring Well between the CIty of Cypress and Department of the Interior Geological Survey. Installation of a Groundwater the United States of America Recommendation: That the City Council authorize the Mayor to Sign the Agreement approving the installation of a groundwater monitoring well at Maple Grove Park South. Item No. 13. Acceptance of the Comprehensive Annual Financial Report of the Cypress Recreation and Park DiStriCt for the Period Ended June 30, 1999. Recommendation: Receive and file. Item No. 14. Acceptance of the component Unit Financial Report of the Cypress Recreation and Park DiStriCt for the Period Ended June 30, 1999. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, receive and file this report. Item NO. 15. Acceptance of the Audit Report of the Cypress Recreation and Park District's Appropriation Limit for the Year Ended June 30, 1999. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, receive and file said report. PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL.) At 7:45 p.m., Mayor Keenan adjourned the meeting of the Cypress City Council to allow the City Council to convene as the Cypress Redevelopment Agency. The City Council meeting was reconvened at 8:02 p.m. DEFERRED BUSINESS: 17. Continuation of Tentative Tract Map NO. 15727 and Conditional Use Permit NO. 98-13, Request to Combine Three (3) Parcels into One (1) and Construct a 36-Unit Condomlnlum Development, Located at 6242 Lincoln Avenue. Community Development Director AngUS presented the staff report for this item. MrS. Angus reminded the Council that this item had been continued from the City Council meeting held on November 8, 1999, at Which time the Council had decided to continue the item to give staff and the applicant the opportunity to resolve issues including sewer and drainage flow, finished grade heights, onsite vehicle circulation and width of the entrance driveway. Since that time, the issues regarding onslte circulation and the width of the entrance driveway have been resolved. However, as the remaining issues have not Vet been adequately addressed, staff was recommending that the city council continue the item, until all the details can be clarified and agreed to bV both staff and the applicant. A motion was made bv Councilmember MCGIII, seconded by Councilmember MCCOy, and carried bV the following roll call vote that the City Council continue Conditional Use Permit No. 98-13 and Tentative Tract Map No. 15727, until such time as additional information has been received and agreement has been reached regarding the remaining issues. If necessary, the meeting will be re-noticed in accordance with legal requirements: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOV, McGilI, Sondhi, PiercV, Keenan None None NEW BUSINESS: 18. Approval of Commercial Warrant LISt for Warrant Nos. 40625-40775. A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember Sondhi, and carried by the following roll call vote (with Mayor Keenan abstaining on Warrant NOS. 40644 and 40745) to approve the City of Cypress Commercial Warrant List for Warrant NOS. 40625-40775, in the amount of $765,518.88: 6 CITY COUNCIL MINUTES NOVEMBER 22, 1999 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: MCCOV, McGilI, Sondhi, PlercV, Keenan None None RECREATION AND PARK DISTRICT MATTERS: The Cypress City Council, acting as the Ex Officio Governing Board of Directors. Mayor Keenan recessed the meeting of the City Council at 8:05 p.m., to enable the Council to meet once again as the Cypress Redevelopment Agency. The City Council meeting was reconvened at 8:11 p.m. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Mayor Keenan requested reports from the City Council representatives relative to their respective committee assignments. Councilmember MCGill - artended OCTA Joint Agency Group Meeting re: Centerline project. City of Santa Ana has denied access to the Centerline. Deadline for OCTA's decision regarding this project is December 13. AlSO artended Santa Ana River Flood Protection Agency meeting. Discussed dedication for Seven Oaks Dam, located near Highland, which has been rescheduled for 2000. Renovation funds for Prado Dam have been obtained by Rep. ROn Packard. Councilmember Sondhi - Artended an Orange County Regional Airport Authority Commission Meeting. Discussed joining with member group of 15 cities that are a part of that group, and the County as an ex officio member. Orange County Regional Airport AUthOrity Cities are concerned about use of $400,000 worth of funding from orange County. DiSCUSSiOnS will be held with OCRA and Jan Mitremeyer regarding the appropriate use of those funds. OCRA iS concerned with dissemination of factual information regarding El Toro Airport development. ReSolutiOn was passed supporting development of El Toro Airport Reuse, which will appear before the City Council in the future as a consent item. councilmember McCOy - Artended Orange County Fire Authority Meeting. Fifteen cities have approve the Equity Study Agreement to date, with the balance of the cities expected to do so in the near future. Mayor Pro Tem Piercy - Artended a couple of Board of Directors meetings for the Orange County Sanitation District. Agency has been looking for a guaranteed, suitable site for the disposal of bio-solids. MUCh of this has been done in Kern County, where a movement is forming to prohibit this type of use. Alternatives have been discussed by the District, including the possible purchase of property or entering into the cornposting business. Mayor Keenan - Artended League of Cities meeting. Mayor had applied for a member-at-large position in the orange County Council of Governments (OCCOG), for which he had been mentoted. Because of a recent restructuring, the City of Huntington Beach now has its own seat on the OCCOG; and in effect, actually have two seats on the Council. Because of this situation, which some felt to be inequitable, Mayor Keenan was approached by a group of individuals who urged him to apply for the member-at-large position. Seventeen votes were required to be seated; the vote was 16-8. The matter was postponed until the January 2000 meeting for ultimate disposition. Mayor Keenan will re- apply for the seat, and seek support from the next Mayor. west Orange County cities Association Meeting - Centerline Rail was discussed, and a presentation was made by LiSa Mills. A joint study for rail alignments in the western portion of the County is underway, for presentation to OCTA. One of the WOCCA members, Ralph Bauer of Huntington Beach, was designated to speak to the OCTA at a public hearing, saying that the western cities are receptive to centerline rail. The western cities are doing a joint economic development study. Orange County Transportation Authority Meetings - Concept of straightlining bus routes approved. Will expedite riding a bus thrOughOut the County of Orange. A three-hour public hearing (OCTA) was held. centerline rail was discussed, with those in attendance representing 60%-40% opposed. Many attending were from Drivers for Highway Safety, a watchdog group opposed to diamond lanes, light rail and other forms of transit. CITY COUNCIL MINUTES NOVEMBER 22, 1999 The staff-recommended, southern alignment of the system was approved. It starts at the Irvine Transportation Center, goes to John Wayne Airport and then terminates at the South Coast Plaza Metro Area. Santa Ana's recent refusal to participate has effectively blocked access to the Cities of orange, Anaheim, UCI and Fullerton. ORAL COMMUNICATIONS: (FOr matters not on the Agenda) The Mayor asked if anyone present wished to comment on any subject not included on the meeting agenda. NO one offered any comments. WRITTEN COMMUNICATIONS: (For matters not on the Agenda.) Mayor Keenan asked if there were any written communications submitted concerning a subject not included on the meeting agenda. There were no written communications. ADJOURNMENT: As there was no further business to come before the City Council, the meeting was adjourned by Mayor Keenan at 8:27 p.m. to Tuesday, November 23, 1999, in the Executive Board Room, where a Closed Sesslon will be held for the purpose of screening City Manager candidates. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8