Loading...
Minutes 2000-04-10CITY COUNCIL MEETING - APRIL 10, 2000 INDEX CAPITAL IMPROVEMENT PROGRAM Hold Public Hearing/Receive & File Report Re: 2000-2007 CIP CIVIC CENTER MISC. Appv. PIns. & Specs./Auth. Adv. Of Bids to Repic. Cit~/Hall/Council Chambers Fascia - P.W. Proj. NO. 9913 4 COMMENDATION Adopt Reso. Commend. "untouchables" soccer Team 4 CONDITIONAL USE PERMITS Amd. C.U.P. 80-10/Rev. Hrs. of Trucking Oper. @ 4600-46'14 Lincoln Ave. 5-7 EMPLOYEES AppV. Amdmnt. to CitV's Pos. Classific. PIn. Rev. Spec. for Finance Mgr. 4 FINANCE, AppV. Comm. Warrant List for Warrant NOS. 42619-42866 4 PROCLAMATIONS "Autlsm Awareness Month" - April, 2000 4 "Days of Remembrance of the Victims of the Holocaust" - April 30 to May 7, 2000 4 "Fire Service Recognition DaY" - May 13, 2000 4 RECREATION & PARK DISTRICT ApDV. Fee Increases for Planet Cypress Day camp and the Cypress SK/10K Run and 2-Mile Stroll 7-8 PAGE 7 MINUTES OF A REGULAR MEETING OF THE CYPRESS CiTY COUNCIL HELD APRIL 10, 2000 A regular meeting of the Cypress City Council was called to order at 5:08 p.m. by MayOr PlercV In the Board Room, West Wing of City Hall, 5275 orange Avenue, Cypress, California. PRESENT: CouncilmemberS Keenan, Sondhl; Mayor Pro Tern MCGIII, Mayor Piercy ABSENT: Councilmember McCoV AlSO present were Interim City Manager Richard storey, city A~orney WVnder, and staffmembers LIu, Angus, Slnn, HensleV and DeCarlo. WORKSHOP/CLOSED SESSION: A Workshop Session was held during which a review of the seven-year (2000-2007) proposed Capital Improvement Program (CIP) was presented to the City Council bv Public Works D~rector, Jeff Slnn. Mr. Sinn Informed the Council that following the Workshop held on March 13, 2000, regarding the CIP, staff assembled a list of proposed projects in order of highest (affecting health and safe~-y issues) to median (maintains existing facilities and infrastructure) to lowest priorities (those adding new or modifying existing facilities and infrastructure), and based upon the Councll's input provided at that session, created a revised Version of the CIP which was being presented to the Council at this time. Mr. Sinn reported that a projected reserve fund included in the program allows the City to save for a large project that otherwise would not be funded within the fiscal constraints of a single year. Also, in compliance with the previous direction of the Ci~V Council, expenditures were limited to the $1.6 million dollar transfer to the ClP Fund from the General Fund. According to the Councll's direction, thOSe funds will be spent as follows: $800,000 for residential street resurfacing; $100,000 for sidewalk repair, $300,000 for Warland Avenue payments; and $250,000 for public facility construction, modification and repair. An additional $150,000 had been designated for the Lincoln Avenue Project, which has now been completed. Therefore, that amount Will be re-directed for sidewalk repair during fiscal year 2000-2001, thereby increasing the budgeted amount to $250,000. It is anticipated that this increased amount will reduce the level of sidewalk repair backlog, and bring the majority of the Cypress sidewalks up to standard. After discussion regarding the revisions, Mayor PiercV recessed the meeting at 5:55 p.m., to enable the Council to convene In Closed Session to discuss the ~vo agendized items. 7:00 P.M. SESSION: PRESENT: Councilmembers Keenan, Sondhi; Mayor Pro Tern McGilI, Mayor PiercV. ABSENT: Councilmember McCOV. Also present were Interim City Manager Storey, City A~corney Wynder, staffmembers LiU, Angus, Sinn, Hensley and DeCarlo. PLEDGE OF ALLEGIANCE: Keenan. The Pledge of Allegiance was led by Councilmember INVOCATION: The invocation was given by Father Michael Heher, St. Irenaeus Roman Catholic Church. REPORT OF CLOSED SESSION/VVORKSHOP AGENDA: The Mayor asked for the report of the Workshop and Closed Session Agenda items discussed earlier in the evening. CITY COUNCIL MEETING APRIL 10, 2000 The Interim City Manager advised that the City Council had met to review the proposed seven-year capital Improvement Program (CIP) for the period 2000-2007. The projects that were proposed for the next seven years were presented to the City Councll, along with those that are part of the current operating budget. A public hearing will be held later In the evening for the purpose of soliciting public comment on the proposed projects. At the next regularly scheduled City Council meeting, a budget for the CIP will be formally considered for adoption by the Council. The CIty Attorney advised that following the Workshop, the Council convened in Closed Session. During that time, two Closed Session Items were considered. First, in accordance with CaI. Govt. code§ 54957.6, the City Council met and conferred with its labor negotiator, Interim City Manager Richard Storey, in respect to collective bargaining with the Cypress Police Officers Association (CPOA). A proposal submitted bV CPOA was reviewed by Mr. Storey, who discussed its terms and conditions with the Council. Mr. Storey was given direction by the Council to respond to the proposal. The second Closed Session was held pursuant to CaLGovt. COde§ S4956.9(b), regarding one case In which there was exposure to litigation against the City of Cypress. The Council was briefed by the Community Development Director and the City Attorney regarding anticipated resolution of the dispute, in order to avoid litigation in regard to Agenda Item No. 9. No further actions were taken nor solicited during the Closed Session. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. SPEAKER, SPEAKING ONCE.) (THREE MINUTES PER Mayor Plercy asked anyone who wished to speak on any topic not included on the meeting agenda to come forward. Thomas Sipe, Cypress resident, was first to speak. Mr. Sipe demonstrated a locking skateboard storage device which he had invented in his garage. He said the invention was the result of a challenge given to him the previous year by Mayor Piercy. Mr. Sipe said that his business selling the devices was beginning to become successful, and thanked the Mayor for her input. Next tO comment was Mary Crowder, Cypress resident. Mrs. Crowder had called City Hall tO inquire about a tree removal occurring in her neighborhood, and said she was told by City staff that no one had a record of it, and to call the police. MrS. Crowder did so; it was finally determined that the removal had been authorized. She wanted to register her complaint about what she perceived to be a lack of communication between City departments. ROn Schrantz, Cypress resident, was next to speak. Mr. Schrantz addressed the capital improvements to be made along Moody Street, noting that the area where he resides needs drainage, curbing and asphalt work. Mr. Slnn, Public Works Director, told Mr. Schrantz that work in those areas was scheduled to take place during the period July 1, 2000 to July 1, 2001. David Wardie of Lexington Junior High School next approached the podlure. Mr. Wardie, dressed as Edgar Allan Poe, invited everyone to attend "The American Experience" Open HOUSe scheduled on Wednesday, April 19, 2000, at 6:30 p.m., at Lexington. Mr. Wardie distributed personal invitations to the Councilmembers. Larraine Redondo, Cypress resident, addressed the Council. She thanked the Councilmembers for previously listening to her when she expressed her displeasure with the new development at Gay and Acacia Streets. Mrs. Redondo once again maintained the new homes would adversely affect property values, traffic, and her neighborhood, in general. 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. A motion was made by Councilmember Keenan and seconded by Councilmember McGill to approve Items 1 through 8 of the Consent Calendar, with Councilmember Keenan abstaining on the approval of the March 21, 2000, minutes because of his absence from the meeting. The motion was carried by the following roll call vote: CITY COUNCIL MEETING APRIL 10, 2000 AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGilI, Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBER: MCCOV Item NO. 1. Approval of CIty Council Minutes of the Adjourned Meeting of March 21, 2000, and the Regular Meeting of March 27, 2000. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of March 21, 2000, and the Regular Meeting of March 27, 2000, as submitted, with Councilmember Keenan abstaining on the March 21, 2000, Minutes due to his 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. Proclalming April, 2000, as "Autlsm Awareness Month" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim April, 2000, as "AutiSm Awareness MOnth" in the City of Cypress. Item NO. 4. Adoption of ResOlUtion Commending the "Untouchables" - Girls Under 10 Soccer Team on winning the AYSO 1999/2000 Tri-Sectional Championship. Recommendation: That the City Council adopt the ReSOlUtiOn by title only, title as follows, commending the "untouchables" - Girls Under 10 Soccer Team on capturing the American Youth Soccer Organlzatlon's 1999/2000 Trl-Sectlonal Championship: Resolution NO. 5221 A Resolution of the City Council of the City of Cypress Commending the "untouchables" - GIrls Under 10 Soccer Team On Winning the American Youth Soccer Organlzation's 1999/2000 Trl-Sectional Championship Item No. 5. Proclaiming April 30 - May 7, 2000, as "Days of Remembrance of the Victims of the HOlOCauSt." Recommendation: That the Mayor and City Council officially proclaim the period of April 30 - May 7, 2000, as "Days of Remembrance of the Victims of the HOlOcaust" in the City of Cypress, as requested. Item NO. 6. Proclaiming May 13, 2000, as "Fire Service Recognition Day." Recommendatlon: That the Mayor and City Council officially proclaim May 13, 2000, as "Fire Service Recognition Day" in the City of Cypress. Item No. 7. Approval of Plans and Specifications and Authorization to Advertise the Project for Bid for Replacement of Fascia at City Hall and Council Chambers, Publi~ Works Project NO. 9913. Recommendation: That the City Council approve the Plans and Specifications and authorize staff to advertise the project for bid for the Replacement of Fascia at City Hall and Council Chambers, Public Works Project No. 9913. Item No. 8. Approval of Amendment to the Clty's Position Classification Plan, Revising the Class Specification for the Position of Finance Manager. Recommendation: That the City Council adopt the attached updated class specification for the regular full-time position of Finance Manager, amending the City's Classification Plan. 11. Approval of Commercial Warrant List for Warrant Nos. 42619-42866. A motion Was made by Councilmember Sondhl, seconded by Mayor Pro Tern McOill and carried bV the following roll call vote (with Councilmember Keenan abstaining on Warrant NOS. 42648, 42649 and 42650) to approve the City of Cypress Commercial Warrant LiSt for Warrant Nos. 42619-42866: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Keenan, Sondht, MCGIII, Plercy 0 COUNCILMEMBERS: None 1 COUNCILMEMBER: MCCOV 3 CITY COUNCIL MEETING APRIL 10, 2000 PUBLIC HEARINGS: (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCID. 9. Continuation of Public Hearlng Regarding Amendment to Conditional Use Permit NO. 80-10, Review of the Hours of Operation Related to Truck Storage/Maintenance Operations for the Property Located at 4600-4614 Lincoln Avenue. William Wynder, City Attorney, and Alice Angus, Community Development Director, jointly presented the staff report for this item. The Council was reminded that the item had originally been brought before the Council on March 13, 2000. On that date, the Council heard extensive public testimony regarding the trucking operation on the property located at 4600-4614 Lincoln Avenue, following which, the Council directed the parties involved to meet and attempt to settle their differences, and instructed staff to schedule the matter for further consideration on April 10, 2000. Additionally, the Council determined that if the parties failed to reach an agreement regarding the operation of the trucking facility and the adjacent neighborhood, the Council would make a determination regulating the hours of the operation at that meeting. Mr. Wynder advised that since that time, the concerned parties had met with the City Attorney and the Community Development Director on three separate occasions attempting to negotiate an equitable solution to the conflict. During the couPse of the meetings, it was determined that the use will eventually be transltloned to one which has not Vet been determined, but that in the meantime, the "big rig" usage will be discontinued and the operation will be converted into a recreational vehicle/boat storage facility. This option will require amendment of the Conditional Use Permit. AS a result of the conferences held, a settlement agreement had been developed, and had been tentatively agreed to by all concerned. The City Attorney advised that prior to the Council taking any action on the amended Conditional Use Permit, it would be. necessary to determine if the all parties agree to the terms of the settlement agreement, to open the public hearing and receive public comment, to close the public hearing, to resolve any questions the Councilmembers had, and to then vote on the amendment to the Conditional Use Permit. Mr. Wynder said that the Settlement Agreement provides for the phased transition of the use from big rig facility to recreational vehicle storage; but that a Ryder TrUCk repair facility will be allowed to continue. In addition, all parties agree to a mutual and general release of any and all claims, including any unknown claims which may exist, against each other and the City regarding the use of the property up to and including the date the Agreement Is executed. The Agreement also provides that none of the parties admit to any fault or Wrongdoing. The Community Development DIrector reviewed the Amendment to the conditional Use Permit which had been prepared to address this transition. She noted some last minute changes to the amended verbiage. Item 4.C. provides that "The type of vehicles repaired at the on-site repair shop shall transition from big rig trucks to recreational vehicles, automobiles and light trucks (which excludes trucks commonly referred to as big rigs and further defined as motortrucks of three (3) or more axles that are more than 10,000 pounds gross vehicle weight rating including truck tractors with or without trailers or semitrailers) by October 8, 2000. NO pneumatic tools with a drive larger than l/= inch shall be used in conjunction with the repair shop." Mrs. AngUS advised that, in addition, Paragraph 3.D. to the Amendment to the Conditional Use Permit had been added as follows: "The owner may install a dump station for recreational vehicles upon submission of a site plan delineating location and construction for review and approval of the Community Development Department." At the close of the staff report, Councilmember Sondhi wanted to ensure that if a dump station were installed, it would be cleaned out regularly, in accordance With any State or federal guidelines which are in place. The MaVor then opened the Public Hearing. ROland Spongberg, owner of the property on which the trucking operation Is located, addressed the Council. Mr. spongberg advised that any dump station constructed will have a drain that connects directly to the sewer system, so will not require regular cleanout as would a tank-based operation. CITY COUNCIL MEETING APRIL 10, 2000 Steven Smlth, attorney for Mr. Spongberg, next requested that Paragraph 4.C. be amended to replace "no diesel trucks" with "no big rigs." Mrs. Angus responded that the amendment had already been effected. Carol DOSS, Cypress resident, inquired as to the location of the dump station. She was told by the Mayor that It would be located away from the residences. Mr. WVnder clarified for MrS. DOSS and the other parties that the Agreement pertained only to the use of the property, and not to any contamination of the site. Further, it did not release anV future claims. Mr. Spongberg, Mr. Smith, and MrS. DOSS (as representative of her neighborhood) all agreed with the terms of the Agreement. Mr. Smith noted that he was required to give notice to the big rig tenants immediately, and Mr. Wynder responded that fully executed copies of the Agreement could be available within 24 hours. Bob Redondo, Cypress resident, remarked that when the subject of washing trucks was addressed, nothing was said about a drain. Mayor PiercV responded that drainage is addressed in the Conditions of Approval for the project. Councilmember Keenan noted that part of the facllitV is dedicated to using fully recycled water for the washing procedure. NO further comments were offered, and the Mayor closed the public hearing. Following the public input, the Councilmembers congratulated the parties on approaching a difficult situation which involved incompatible uses, and working diligently to arrive at an equitable solution. The City Attorney then provided the Council With the appropriate language to use if their intent Was to approve the Amendment to the Conditional Use Permit. A motion was made bV Councilmember Keenan and seconded bv Councilmember Sondhi that the City Council approve the Amendment to Conditional Use Permit NO. 80- 10, subject to the execution of the Agreement to Settle DiSpUte Over Conditional Use Permit No. 80-10 and the MUtUal General Releases contained therein. The motion was carried bV the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Keenan, Sondhi, MCGilI, PiercV 0 COUNCILMEMBERS: None I COUNCILMEMBER: MCCOV Item NO. 10. Public Hearing on the 2000-2007 Capital Improvement Program. The staff report on this item was presented by Public Works Director, Jeff Sinn. Mr. Sinn explained that portions of the City, the Recreation and Parks DiStriCt and the Redevelopment Agency budgets are devoted each year to the enhancement and improvement of the City's infrastructure, which includes streets, storm drains, sewers, traffic signals, buildings and park facilities. These projects are included in the Capital Improvement Program (CIP), which is updated every seven years. Within the CIP, a financial plan for funding the projects is also included. Also, the projects are prlorltlzed based upon their respective health, safety and public welfare merits, to be implemented in that order when there are Insufficient financial resources to adequately fund them all. A copy of the proposed CIP for the period 2000-2007 is available for public review at City Hall, and the City Council directed that a public hearing be conducted for the purpose of gathering public input regarding the Implementation of the projected plan. The public hearing will be held as a means of ensuring that the needs of the community are being adequately addressed in the CIP. MaVor PiercV opened the public hearing at the conclusion of staff's report. NO comments were offered and the public hearing was closed. The Council briefIV discussed the improvements to be effected under the new Capital Improvement Program, and received and filed staff's report. RECREATION & PARK DISTRICT MATTERS: Governing Board of Directors. The Cypress City Council, Acting as the EX Officio CITY COU~ICIL MEETING APRIL 10, 2000 12. Approval of Fee Increases for the Planet Cypress Daycamp Program and the Cypress 5K/10K Run and 2-Mlle Stroll, as Recommended by the Recreation and Community Services Commission on MarCh 21, 2000. Recreation & Parks Director Marvin DeCarlo provided the staff report for this item. Mr. DeCarlo related that, at their meeting held on March 21, 2000, the Recreation and Community Services Commissioners recommended that the City Council approve certain fee increases in relation to the Planet Cypress Day Camp Program and to the 5K/10K Run and 2-MIle Stroll sponsored by the City of Cypress Recreation and Parks Department. In relation to the Planet Cypress Daycamp, Mr. DeCarlo advised that the program is currently running at a slight deficit in the amount of $1,100. The recommended fee increase will allow it to become a self-supporting program. Fee increases relating to the 5K/10/K RUn and 2-Mile Stroll will offset increased costs associated with the event, and maintain it as a quality program. The fee increases will also allow these City-sponsored events to become self-supporting, and remain in line with other similar races/walks offered in the area. Mr. DeCarlo concluded with staff's recommendation that the CIty Council, acting as the ex officio Governing Board of Directors for the Cypress Recreation and Park DiStriCt, approve: (I) the Increase of $5 In the registration fees for the Planet Cypress Daycamp Program from $85 per week to $90 per week, effective with the Summer 2000 session; and (2) the increase of $3 In the registration fees for the 2000 5K/I OK Run and 2~Mile Stroll. The Council supported the proposed fee increase, but the consensus was that it did not go far enough. Because these events are fundraisers, and because contributions are; made from the proceeds, it was the opinion of the Council that greater increases be effected, as reflected in the Council's motion, below: A motion Was made by Councilmember Keenan and seconded by Councilmember Sondhl that the City Council, acting as the ex officio Governing Board of Directors for the Cypress Recreation and Park District, approve (I) the increase of $5 in the registration fees for the Planet Cypress Daycamp Program from $85 per week to $90 per week, effective with the Summer 2000 session; and (2) the Increases in the registration fees for the 2000 5K/10K RUn and 2-MIle Stroll, as follows: Pre-reglstered for either run With a shirt $20.00 Pre-registered for either run without a shirt $15.00 Pre-reglstered for stroll with a shirt $15.00 Pre-reglstered for stroll without a shirt $10.00 Race day registration for either run $17.00 Race day registration for stroll $10.00 The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, MCGilI, Piercy NOES: 0 COUNCILMEMBERS: None ABSENT:: 1 COUNCILMEMBER: MCCOy Mayor Piercy recessed the meeting at 8:42 p.m., to enable the Council to convene as the City of Cypress Redevelopment Agency. The Regular City COUncil Meeting was reconvened at 8:52 p.m. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENT.~: Mayor Pro Tern McGill - Artended an OCTA seminar regarding new technologies hosted at a Doubletree Inn in south Orange County. centered on new technology; especially in relation to light rail, Councilmember Keenan AlSO artended same half-day OCTA workshop. RePresentatives of the Cities of Dallas and Vancouver were present, and related their respective experiences when implementing light rail systems. Artended SCAG Transportation/communications meeting. Update provided on AQMD Rule 1191-92, which will impose standards on vehicles purchased by public agencies over the next year. CITY COUNCIL MEETING APRIL 10, 2000 Artended OCTA committee meeting, during which billboards in the PE right-of-way were discussed. It had been originally decided to remove these, but some legal obstacles must first be overcome, which will delay the removal. Artended OCTA meeting in which the Board approved the next step in the "straightlining" process. Despite newspaper reporting, transportation centers are not being eliminated. AlSO serves on West-Comm Board of Directors. Artended meeting when annual budget was approved. West-Comm is operating under budgeted amount. Will be contracting with a firm to provide Central Station alarm status monitoring for businesses. Councilmember Keenan observed that this was "National Telecommunications Workers of America Week", and provided kudos to West-Comm workers, who fall under that designation. Councilmember Sondhi - Reminded the audience that Town Hall Meeting will be held on April 17. Said she would be on break from April 14-22, and will be out of the state during that period. Mayor Piercy - Artended Operations/Maintenance & Technology Services DiViSiOn subcommittee meeting of the Orange County Sanitation DiStriCt (OCSD). DiSCUSSed Santa Aria River Intercepts (SARI lines) in the Chino Dairy area. EffOrts are being expended there to prevent dairy cattle pollution from contaminating the water supply. Also discussed AB 1835, sponsored by Assemblyman Scott BaUgh. Proposes funds for cities to prepare runoff diversions from storm drains. The Mayor also reported that OCSD is receiving increased requests to handle dry season run-off. This type of run-off has the potential for causing a considerable amount of pollution. The District has, therefore, revised its requirements for testing the water to more stringent standards In an effort to mitigate the potential for pollution. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Mayor Piercy urged everyone to attend the Lexington Junior High School Open House, "The American Experience", referred to earlier in the evening by Mr. Warrile. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None. ADJOURNMENT: As there was no further business, at 9:15 p.m. Mayor PiercV adjourned the meeting to Monday, April 17, 2000, at 7:00 p.m., at which time a TOwn Hall Meeting will be held at the Cypress Community Center. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 7