Minutes 2001-02-26MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 26, 2001
A regular meeting of the Cypress City Council was called to order at 5:04 p.m. by Mayor
McGill in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress,
California.
PRESENT:
ABSENT:
Agency Board Members/Council Members Keenan, McCoy (arrived
at 5:12 p.m.), Piercy, and Agency Chairperson/Mayor McGill
Agency Vice Chairperson/Mayor Pro Tem Sondhi
Also present were Executive Director/City Manager Importuna, City Attorney Wynder,
Agency Counsel Slater, Assistant Agency Counsel Ramirez, and staff members Acosta,
Belmer, Commerdinger and Storey.
JOINT CLOSED SESSION WITH THE CYPRESS REDEVELOPMENT AGENCY
CYPRESS REDEVELOPMENT AGENCY ITEMS:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government
Code Section 54956.8). Property: Approximately 75 acres at the northwest corner of
Katella Avenue and Walker Street within the Los Alamitos Race Track and Golf Course
Redevelopment Project Area; Negotiating Party: Executive Director, Deputy Executive
Director, and Agency Counsel; Under Negotiation: Price and Terms of Payment.
CITY OF CYPRESS AND CYPRESS REDEVELOPMENT AGENCYITEMS:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to
Government Code Section 54956.9(b)1 and 54959.9 (3)b; Number of Cases: Four
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:08 p.m. by
Mayor McGill.
PRESENT: Council Members Keenan, McCoy, Piercy, Mayor Pro Tem Sondhi, Mayor
McGill
ABSENT: None
Also present were City Manager Importuna, City Attorney Wynder, and staff members
Acosta, Belmer, Commerdinger, DeCarlo, Hensley, Liu, Sinn, and Storey.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Piercy
INVOCATION: The invocation was given by Sister Debbie Gumina, St. Irenaeus
Catholic Church
PRESENTATIONS:
The Mayor read and presented a resolution commending the Orange County Stallions
Baseball Club.
CITY COUNCIL MINUTES FEBRUARY 26, 2001
The Mayor read and presented a resolution recognizing Tony and Anne Nieto for their
years of volunteer service for the City's 5K/10K Run. Mr. Nieto thanked the City staff
and City Council for their assistance and cooperation during the races.
The Mayor presented High School Arts Recognition Award Certificates to Melissa
Beaver and Mabel Chan.
The Mayor presented an Arts Recognition Award to Robert Meyers from the Cultural
Arts Commission.
The Mayor introduced David Belmer, the City's new Community Development Director.
REPORT OF CLOSED SESSION/VVORKSHOP AGENDA:
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the City Council and Redevelopment Agency held a
joint Closed Session. The first session was between the members of the
Redevelopment Agency pursuant to Government Code Section 54956.8, to confer with
the Executive Director, the Deputy Executive Director, and Agency Counsel regarding
the price and possible terms of payment for approximately 75 acres at the northwest
corner of Katella Avenue and Walker Street within the Los Alamitos Race Track and
Golf Course Redevelopment Project Area.
The City Council and Redevelopment Agency also held a joint Closed Session pursuant
to Government Code Section 54956.9(b)1 and (3)b because facts and circumstances
exist which, in the opinion of legal counsel, give rise to a significant exposure to
litigation against the local agency in potentially as many as four cases. Those facts and
circumstances deal with the ownership of property within the Los Alamitos Race Track
and Golf Course Redevelopment Project Area, specifically property owned by
Cottonwood Christian Church, Dr. AIIred, and Fuji.
In both Closed Sessions, there was a privileged and confidential status report
presented by Agency staff and Agency Counsel or the City Attorney on legal issues and
exposures to the City and the Agency. The Redevelopment Agency and City Council
directed staff to pursue a further negotiating strategy with respect to the properties in
question. No other action was taken nor was any solicited.
Mayor Pro Tem/Agency Vice Chairperson Sondhi did not participate in the Closed
Sessions due to her ownership of property in proximity to the project area.
The City Attorney requested an additional Closed Session item be added to the agenda
pursuant to Government Code Section 54956.9(a), to discuss the results of the
Mandatory Settlement Conference in the litigation matter of Dees v. City of Cypress, et
al., Orange County Superior Court Case No. 810491. As a result of the conference,
there is a potential for settlement of this litigation, which would require approval by the
City Council. The current settlement proposal arose subsequent to the posting of the
agenda and is only open to be accepted until Wednesday of this week.
It was moved by Council Member Keenan and seconded by Council Member Piercy, to
add the item to the Closed Session Agenda.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
2
CITY COUNCIL MINUTES FEBRUARY 26, 2001
The Mayor asked that the Closed Session item be held at the conclusion of the regular
City Council meeting.
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.
Brigitte Wolf, Cypress College Masterworks Chorale, invited the City Council to attend
the Cypress College production of "Man of La Mancha," which begins on March 16,
2001.
Robert Sunwall, Cypress, spoke regarding tractor-trailers parking on City streets. He
would like the City to consider not allowing the tractor-trailers and big rigs to park on the
street because of the safety hazard.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calenda/~' 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 Keenan and seconded by Council Member Piercy, to
approve Consent Calendar Items No. 1 through 9.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 1: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 2: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-53,
A REQUEST TO CONSTRUCT A SECOND-STORY ADDITION TO A RESIDENCE
LOCATED AT 5641 CERRITOS AVENUE.
Recommendation: That the Mayor and City Council adopt the Resolution by title only,
title as follows, approving Design Review Committee Permit No. 2000-53 - with
conditions.
RESOLUTION NO. 5367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-53 -
WITH CONDITIONS.
Item No. 3: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2001-01,
A REQUEST TO INSTALL A DETACHED ENTRY CANOPY FOR THE EXISTING
BUILDING LOCATED AT 5757 PLAZA DRIVE.
3
CITY COUNCIL MINUTES FEBRUARY 26, 2001
Recommendation: That the Mayor and City Council adopt the Resolution by title only,
title as follows, approving Design Review Committee Permit No. 2001-01 - with
conditions.
RESOLUTION NO. 5368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMI'I-['EE PERMIT NO. 2001-01 -
WITH CONDITIONS.
Item No. 4: ADOPTION OF A RESOLUTION TO RECOGNIZE TONY AND ANNF
NIETO FOR THEIR YEARS OF VOLUNTEER SERVICE FOR THE CITY'S 5K/10K
RUN.
Recommendation: That the Mayor and City Council adopt the Resolution by title only,
title as follows, recognizing Tony and Anne Nieto for their years of volunteer service for
the City's 5K/10K Run.
RESOLUTION NO. 5369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECOGNIZING TONY AND ANNE NIETO FOR THEIR YEARS OF
VOLUNTEER SERVICE FOR THE CITY'S 5K/10K RUN.
Item No. 5: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN
REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF
MAINTENANCE WORKER I, MAINTENANCE WORKER II, PUBLIC WORKS
MAINTENANCE SUPERVISOR, AND STREET SWEEPER OPERATOR.
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the attached updated
class specifications for the regular full-time positions of Maintenance Worker I,
Maintenance Worker II, Public Works Maintenance Supervisor, and Street Sweeper
Operator, amending the City's classification plan.
Item No. 6: ACCEPTANCE OF STATE EMERGENCY MANAGEMENT GRANT AND
APPROPRIATION OF FUNDS.
Recommendation: That the City Council take the following actions: 1) Approve an
increase to estimated revenues in the Other Grants account of the General Fund,
account number 3525-11-999-99, for the amount of $3,478; and 2) Approve the
appropriation of $3,478 from the unreserved fund balance of the General Fund to Small
Tools and Equipment, account number 4113-11-180-05, for the purchase of various
emergency services and training related equipment.
Item No. 7: AUTHORIZE FUNDS FROM THE UNRESERVED FUND BALANCE OF
THE GENERAL FUND IN THE AMOUNT OF $25,000 AND AWARD OF CONTRACT
TO WATERS & FAUBEL, INC., TO CONDUCT A RESEARCH AND
COMMUNICATIONS PROGRAM FOR THE CITY.
Recommendation: That the City Council appropriate from the unreserved fund balance
of the General Fund to Account 4187-11-117-02 in the amount of $25,000, and to
award a contract for Waters & Faubel, Inc., not to exceed $25,000, to conduct a
Research and Communications Program for the City.
Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY,
2001.
Recommendation: Receive and file.
4
CITY COUNCIL MINUTES FEBRUARY 26, 2001
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
47124 THROUGH 47347.
Recommendation: Approve the attached warrant register.
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
Noitemswerepresented.
NEW BUSINESS
Item No. 10: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000.48,
A REQUEST TO CONSTRUCT A 95,800 SQUARE FOOT OFFICENVAREHOUSF
BUILDING LOCATED AT 10900 WALKER STREET.
The Planning Manager provided information on this item.
The applicant, Nick Adachi of Nick Adachi Architects, stated the number of employees
in the building would be less than 100 people, with the projection of employees over the
next ten years at 130. Parking will be provided for 226 vehicles, which provides more
than adequate parking.
It was moved by Council Member McCoy and seconded by Council Member Keenan, to
take the following actions: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated
Negative Declaration, and adopt the Mitigation Monitoring Program in accordance with
the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the
Resolution by title only, title as follows, approving Design Review Committee Permit No.
2000-48 - with conditions.
RESOLUTION NO. 5370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-48 -
WITH CONDITIONS.
RECREATION & PARK DISTRICT MA'FI'ERS: The Cypress City Council, Acting as the
Ex Officio Goveming Board of Directors.
No items were presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McGill requested reports from the Council Members on their respective
committee assignments.
Council Member Keenan
Attended two OCTA Board meetings where financial issues in Orange County were
discussed, and a construction project at the 405, 73, and 405/55 Freeway interchange
that will be starting soon. OCTA is also beginning negotiations with their bus drivers.
Attended an OCTA Corridor Advisory meeting for the Center Line project where a
financial breakdown of the project was provided.
CITY COUNCIL MINUTES FEBRUARY 26, 2001
Council Member Piercy
Attended a West Orange County Cities meeting where a Center Line presentation was
provided, and an animal shelter in Huntington Beach was discussed. Attended
Opening Day for the Little League on Saturday.
Mayor McGill
Attended Opening Day for the Little League on Saturday also. Attended a West
Orange County Cities meeting with Council Member Piercy. Attended the North
Orange County Community College District meeting where he delivered the City
Council letter of support for Dr. Lewis.
Mayor Pro Tem Sondhi
Attended the Housing and Community Development Commission meeting where
annual and long-term planning documents were provided for review. She will provide
the updates once they have been approved. An additional 800 Section 8 housing
vouchers may be available in Orange County within the next year.
Council Member McCoy
Attended the Opening Day for the Little League. Attended the Orange County Fire
Authority emergency meeting where a five-year contract with the Firefighters
Association was signed.
ITEMS FROM CITY MANAGER:
None.
The City Council meeting was recessed at 8:13 p.m. to Closed Session.
The City Council meeting reconvened at 8:33 p.m.
The City Attorney reported that the Council met regarding Existing Litigation (Pursuant
to Government Code Section 54956.9(a); Rosalee L. Dees v. City of Cypress et. al.,
Case No. 810491, Orange County Superior Court Central Justice Center. The City
Attorney and the City's third-party claims administrator, Carl Warren & Company,
briefed the City Council on the terms and conditions of a potential settlement of this
litigation. The City Council unanimously authorized the pursuit of a potential settlement
with the plaintiff in the manner and for the amount recommended in Closed Session. A
final settlement agreement will come back for final approval by the City Council, and at
that time the terms and conditions of this settlement agreement will be made public.
No other items were discussed in Closed Session, nor was any other action taken or
solicited.
ADJOURNMENT: Mayor McGill adjourned the meeting at 8:35 p.m. to Monday, March
5, 2001, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
( ./C{TY CLLdRK OF ~__~IIE- cITY ~F-'x~3Y~RESS