Minutes 2001-09-24036
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 24, 2001
A regular meeting of the Cypress City Council was called to order at 5:37 p.m. by Mayor
McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council Members Keenan, McCoy (arrived at 5:38 p.m.), Piercy,
Mayor Pro Tem Sondhi, Mayor McGill
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Community Development
Director, Public Works Director, Assistant to the City Manager, and City Clerk.
Art Leahy, Chief Executive Officer, Orange County Transportation Authority, stated that
Orange County is facing some major transportation demands associated with urbanized
areas. He stated the incorporated square mileage of Orange County is 505 square
miles, with a population of 2.8 million. The City of Santa Ana is the second most-dense
city in California. It is estimated that by the year 2020, Orange County will have more
people than the City of Los Angeles had in 1990.
Mr. Leahy stated that the Orange County Transportation Authority, in order to address
these demands, has reorganized the administration of the Authority and also
recognized there are two businesses within the OCTA: transit service delivery and
transportation systems development, which includes capital projects.
A video was shown about Bus Rapid Transit in Oregon.
Mr. Leahy stated that OCTA would like to improve mobility throughout Orange County
through the use of Measure M funds. This includes improvements to the 22 Freeway,
the 5 Freeway, and the 91 Freeway, and local government street and road
improvements.
At 6:18 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 7:07 p.m. by
Mayor McGill.
PRESENT: Council Members Keenan, McCoy, Piercy, Mayor Pro Tem Sondhi, Mayor
McGill
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Chief of Police, Public
Works Director, Assistant to the City Manager, Planning Manager, and City Clerk.
037
CITY COUNCIL MINUTES SEPTEMBER 24, 2001
"TRIBUTE TO OUR GREAT NATION":
POSTING OF COLORS: The Posting of Colors was done by the Cypress Police
Department Honor Guard.
PLEDGE OF ALLEGIANCF: The Pledge of Allegiance was led by Orange County Fire
Authority Firefighter Gary Kuhl.
VOCAL INSPIRATION: "God Bless America" was performed by Sergeant Tara
Reppert, Joint Forces Training Base.
INVOCATION: The invocation was given by the 63rd Regional Support Command
Chaplain Gary Fox.
A moment of silence was then observed.
PRESENTATIONS:
The Mayor presented a proclamation to the Orange County Fire Authority proclaiming
October 7-13, 2001, as "Fire Prevention Week" in the City of Cypress.
Jerry Schultz, Councilman, City of Long Beach, made a presentation regarding the Fifth
Annual Veteran's Day Parade on Saturday, November 10, 2001, in Long Beach.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
The City Manager reported that a presentation was made by Art Leahy of the Orange
County Transportation Authority updating the City Council on the status of various
transportation modes that OCTA is considering for the future needs of the County.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the Council met regarding Conference with Legal
Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b),
Number of Cases: One. Mayor Pro Tern Sondhi briefed the Council of a Closed
Session recently held by the Orange County Regional Airport Authority (OCRAA) and a
discussion of information reported by legal counsel for OCRAA, which was transmitted
on to the Council through a status report. The City Council unanimously directed that a
request for a contribution to OCRAA be agendized at the next available 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.
Paula English, Cypress, stated a special commemorative concert-on-the-green titled
"Let Freedom Sing, Celebrating America" will be held on Friday, October 5, 2001, at
6:30 p.m.
Susan Diouri, Buena Park, stated that bus stops were needed in the City for those
using public transportation.
Will B. King, Buena Park, stated also that bus stops were needed in the City.
2
COUNCIL MINU ES 038
SEPTEMBER 24, 2001
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 1: APPEAL OF PLANNING MANAGER'S DECISION REGARDING A
CONDITIONAL USE PERMIT APPLICATION: A REQUEST, BY JONATHAN CURTIR
OF SHEPPARD, MULLIN, RICHTER AND HAMPTON, LLP, TO APPEAL THF
DECISION OF THE PLANNING MANAGER REGARDING THE COMPLETENESS OF
A CONDITIONAL USE PERMIT APPLICATION FOR THE PROPERTY LOCATED AT
THE NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET
WITHIN AREA 5 OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER
SPECIFIC PLAN.
The Planning Manager stated a request to continue this item to November 26, 2001,
was received in order to allow the City and representatives of Cottonwood Christian
Center additional time to discuss matters.
It was moved by Council Member Keenan and seconded by Council Member McCoy, to
continue the item to the November 26, 2001, City Council meeting.
The motion was carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCIL MEMBERS: Keenan, McCoy, Piercy, and McGill
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Sondhi
Mayor Pro Tem Sondhi did not participate in this action due to her ownership of
property in proximity to the project area.
Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2001-12, A REQUEST TO ALLOW AN EXISTING ROOF-MOUNTED
TELECOMMUNICATIONS ANTENNA FACILITY ON AN EXISTING HOTEL BUILDING
LOCATED AT 5865 KATELLA AVENUE.
The Planning Manager stated that staff was requesting this item be postponed until
such time as the applicant can come forward with a redesign of the project that is
supportable by staff.
It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Piercy, to
table this item.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi and McGill
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Item No. 3: PUBLIC HEARING REGARDING VACATION OF PORTION OF
LANDSCAPE EASEMENT, TRACT NO. 15754.
The Public Works Director provided information on this item.
The public hearing was opened.
Mayor McGill asked if there was anyone who wished to speak in favor of the item.
Mayor McGill asked if there was anyone who wished to speak against the item.
The public hearing was closed.
039
CITY COUNCIL MINUTES SEPTEMBER 24, 2001
It was moved by Council Member Keenan and seconded by Council Member McCoy, to
adopt the Resolution Vacating Portion of Landscape Easement Along North Side of
Peppertree Way, Tract No. 15754.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi and McGill
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
VACATING PORTION OF LANDSCAPE EASEMENT ALONG
NORTH SIDE OF PEPPERTREE WAY, TRACT NO. 15754.
Item No. 4: PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO
SECTION 15C-10(J) OF THE CYPRESS CITY CODE, REGARDING BINGO GAMER
- HOURS, DAYS OF OPERATION.
The Chief of Police provided information on this item.
The public hearing was opened.
Mayor McGill asked if there was anyone who wished to speak in favor of the item.
Mayor McGill asked if there was anyone who wished to speak against the item.
Will B. King, Buena Park, spoke in opposition of the ordinance amendment.
The public hearing was closed.
It was moved by Council Member McCoy and seconded by Council Member Keenan, to
introduce for first reading an Ordinance amending Section 15C-10 (J) of the Cypress
Bingo Games Ordinance, regarding hours, days of operation.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi and McGiil
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 15C-10 (J) OF THE CYPRESS BINGO
GAMES ORDINANCE, REGARDING HOURS, DAYS OF OPERATION.
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 Keenan requested Item No. 11 be pulled from the Consent Calendar.
Mayor McGill requested Item No. 13 be pulled from the Consent Calendar.
It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Keenan, to
approve Consent Calendar Items No. 5 through 10, 12, and 14 through 18.
CITY COUNCIL MINUTES
SEPTEMBER 24, 2001
040
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Item No. 5:
5 COUNCILMEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
SEPTEMBER 10 AND SEPTEMBER 17, 2001.
Recommendation: That the City Council approve the Minutes of the Meetings of
September 10 and September 17, 2001, as submitted.
Item No. 6: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 7: PROCLAIMING OCTOBER 7-13, 2001, AS "FIRE PREVENTION WEEK"
IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim October 7-13,
2001, as "Fire Prevention Week" in the City of Cypress.
Item No. 8: PROCLAIMING SEPTEMBER 15-OCTOBER 15, 2001, AS "HISPANIC
HERITAGE MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim September 15-
October 15, 2001, as "Hispanic Heritage Month" in the City of Cypress.
Item No. 9: ADOPTION OF RESOLUTION APPROVING THE CITY'S
DISADVANTAGED BUSINESS ENTERPRISES GOAL AND PROGRAM FOR
FEDERAL FISCAL YEAR 2001-2002.
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
adopting a Disadvantaged Business Enterprise Program for all capital improvement
projects undertaken by the City of Cypress that will receive United States Department of
Transportation funding, and establishing a Disadvantaged Business Enterprise Goal for
the Federal Fiscal Year 2001-02; and 2) Establish the City's annual Disadvantaged
Business Enterprises (DBE) goal for the period October 1,2001 through September 30,
2002, to be 5.4%.
RESOLUTION NO. 5483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
FOR ALL CAPITAL IMPROVEMENT PROJECTS UNDERTAKEN BY
THE CITY OF CYPRESS THAT WILL RECEIVE UNITED STATES
DEPARTMENT OF TRANSPORTATION FUNDING, AND
ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE
GOAL FOR THE FEDERAL FISCAL YEAR 2001-02.
Item No. 10: ADOPTION OF RESOLUTION TO APPROVE FILING FOR GRANT
FUNDS FOR THE PER CAPITA PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF
2000.
Recommendation: That the City Council adopt the Resolution by title only, approving
the applicant to apply for grant funds for the Per Capita Grant Program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000.
041
CITY COUNCIL MINUTES SEPTEMBER 24, 2001
RESOLUTION NO. 5484
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE
PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION
BOND ACT OF 2000.
Item No. 12: ADOPTION OF AMENDMENT NO. 4 TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT.
Recommendation: That the City Council approve Amendment No. 4 to Cooperative
Agreement No. C-95-970 with the Orange County Transportation Authority and
authorize the Mayor to execute said Agreement.
Item No. 14: APPROVAL OF CONTRACT SERVICES AGREEMENT WITH JOHN
BATES ASSOCIATES, INC., FOR ARCHITECTURAL AND DESIGN SERVICES FOR
THE CIVIC CENTER EXPANSION AND RENOVATION PROJECT.
Recommendation: That the City Council: 1) Approve the Contract Services Agreement
with John Bates Associates, Inc. in the amount of $65,587.00 for architectural and
design services for the Civic Center expansion and renovation project; and 2) Approve
transfer of $65,587.00 from Unreserved Fund Balance of the General Fund to the
Capital Projects Fund (15); and 3) Appropriate $65,587.00 from the Capital Projects
Fund Balance to Account 4189-15-845-24 (Professional Services Civic Center
Expansion/Renovation).
Item No. 15: APPROVAL OF FISCAL YEAR 2000-01 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS.
Recommendation: That the City Council:
Authorize the appropriation of funds in Fiscal Year 2001-02 for the
carryover items as detailed in Attachment A and summarized as follows:
11 General Fund $ 343,743
15 Capital Projects Fund 1,358,376
22 Special Gas Tax Fund 244,207
25 Lighting District Fund 10,907
26 Local Drainage Facility Fund 145,587
35 Civic Center Redevelopment Fund 8,887
36 Low and Mod Housing Fund 95,158
37 Lincoln Ave. Redevelopment Fund 38,391
38 Race Track Redevelopment Fund 4,047
39 Measure M Gas Tax Fund 330,248
40 AB 2766 Fund 4,106
41 Sewer Fund 117,419
76 Central Services Fund 40,019
90 Capital Replacement Fund 654,631
TOTAL ~
Authorize the transfer of funds to support continuing appropriations in
Fiscal Year 2001-02 as listed below:
FROM TO AMOUNT
11 General Fund 12 Rec & Park District $ 59,588
11 General Fund 15 Capital Projects 26,908
11 General Fund 22 Special Gas Tax 70,653
11 General Fund 90 Capital Replacement 130,798
22 Special Gas Tax 15 Capital Projects 13,603
28 Narcotics Asset 90 Capital Replacement 28,135
Seizure
6
042
CITY COUNCIL MINUTES SEPTEMBER 24, 2001
30 Supp Law 90 Capital Replacement
Enforcement
39 Measure M Gas 22 Special Gas Tax
Tax
TOTAL
111,320
173,594
$614.599
Authorize the continuation of the following grant revenue to support
continuing appropriations to Fiscal Year 2001-02:
15 Capital Projects
39 Measure M Gas Tax
TOTAL
$ 730,000
3431339
$1.073,339
Authorize the appropriation of funds in Fiscal Year 2001-02 for items
encumbered at June 30, 2001 as detailed in Attachment B and
summarized below:
11 General Fund
15 Capital Projects Fund
22 Special Gas Tax 2106 Fund
26 Local Drainage Facility Fund
28 Narcotics Asset Seizure Fund
30 Supplemental Law Enforcement Fund
34 Mello Roos Fund
35 Civic Center Redevelopment
36 Low and Moderate Housing Fund
37 Lincoln Ave Redevelopment
38 Race Track Redevelopment
39 Measure M Gas Tax Fund
41 Sewer Fund
56 Assessment District Debt Service
76 Central Services Fund
90 Capital Replacement Fund
TOTAL
$141,871
54,088
14,961
8,860
2,979
1,123
5,000
1,720
4,258
3,720
32,250
63,197
70,000
2,500
12,585
471663
$466.775
Item No.16: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST,
2001.
Recommendation: Receive and file.
Item No. 17: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
50320 THROUGH 50435.
Recommendation: Approve the attached warrant register.
RECREATION & PARK DISTRICT MATTERS:
Item No. 18: APPROVAL OF FISCAL YEAR 2000-01 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION
AND PARK DISTRICT.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District:
Authorize the appropriation of funds in Fiscal Year 2001-02 for the
carryover of continuing appropriations as detailed in Attachment A and
summarized as follows:
12 General Fund $370,433
83 Central Services Fund 2,500
TOTAL $372.933
CITY COUNCIL MINUTES SEPTEMBER 24, 2001
Authorize the transfers of funds to support continuing appropriations in
Fiscal Year 2001-02 as listed below:
FROM TO AMOUNT
11 General Fund 12 Rec & Park District $ 59,588
12 Rec & Park Dist 83 Central Services Fund2,500
13 Park Dev. Fund 12 Rec & Park District 190,463
TOTAL $252.551
Authorize the appropriation of funds in Fiscal Year 2001-02 for items
encumbered at June 30, 2001 as detailed in Attachment B and
summarized below:
12 Recreation & Park District
$71,472
Re.qardinq Item No. 11: ADOPTION OF RESOLUTION TO APPROVE THE FILING
OF AN APPLICATION FOR BLOCK GRANT FUNDS FOR THE ROBERTI-Z'BERG-
HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM, Council Member
Keenan asked if the City can obtain the matching funds required for the grant from the
entity that will receive the benefits, and not use City funds.
The Assistant to the City Manager stated the funds are required to be designated
through public funds initially, however, ten percent could be brought in by another
entity.
It was moved by Council Member Keenan and seconded by Council Member McCoy, to
adopt the Resolution by title only, approving the application for grant funds for the
Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of
2000.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, McCoy, Piercy, Sondhi, and McGill
None
None
RESOLUTION NO. 5485
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND
RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000.
ReqardinqltemNo. 13: RENEWAL OF AGREEMENT FOR SHARED COURT
LIAISON SERVICES BETWEEN THE CITIES OF CYPRESS, LOS ALAMITOS AND
SEAL BEACH, Mayor McGill stated he wanted to highlight this example of how the
three cities continue to partner and work together for their mutual benefit.
Council Member Keenan asked if the position is an employee of the City of Cypress,
and if the administrative fee covers the true administrative costs.
The Chief of Police stated the Court Liaison is a Cypress employee and the
administrative fee of fifteen percent has been a standard practice for this position and
also with WestComm. Providing this service has improved the level of service for all
three cities.
CITY COUNCIL MINUTES SEPTEMBER 24, 2001
It was moved by Council Member Keenan and seconded by Mayor Pro Tem Sondhi,
that the City Council authorize the City Manager to execute renewal of the contract
agreement with the Cities of Los Alamitos and Seal Beach for Cypress to provide law
enforcement court liaison services to those municipalities on a contractual basis.
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
END OFCONSENTCALENDAR
NEW BUSINESS
None.
UNFINISHED BUSINESS
None.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
None.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
None.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Will B. King, Buena Park, spoke regarding Item No. 13 and the Ralph M. Brown Act.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McGill requested reports from the Council Members on their respective
committee assignments.
Mayor Pro Tem Sondhi:
Attended an O.C. Housing and Community Development Commission meeting where
the efforts undertaken for affordable housing in Orange County was discussed.
Council Member Keenan:
Attended an Orange County Transportation Authority Committee meeting where the
committee voted to pass along recommendations for a comprehensive senior mobility
program that includes local participation. Attended an OCTA Board meeting where the
ten strategic strategies reviewed at the workshop this evening were adopted. Attended
a League of California Cities task force meeting regarding the restructuring of OCTA.
Attended a luncheon at Cypress College celebrating its 35th anniversary. Attended the
kick-off/opening celebration for the Cypress East Shopping Center.
Council Member Piercy:
Attended the installation of new officers for the Kiwanis Club.
9
CITY COUNCIL MINUTES
SEPTEMBER 24, 2001
Council Member McCoy:
Participated in the golf tournament for Police Officer Steve Lipton, sponsored by the
Cypress Police Officers Association.
Mayor Pro Tem Sondhi made a statement regarding diversity in Orange County and the
nation, and asked that this diversity be viewed as a richness that has been brought to
the American culture.
Mayor McGill reminded everyone that on October 5, 2001, from 6:30 to 8:00 p.m., a
free benefit concert will be held on the Civic Center green, with donations being taken
for the New York City Police and Fire Widows and Orphans Fund.
ITEMS FROM CITY MANAGER:
No items were presented.
ADJOURNMENT: Mayor McGill adjourned the meeting at 8:25 p.m. in memory of the
victims of the terrorist tragedies in New York, Pennsylvania, and Washington, DC on
Tuesday, September 11, 2001; and Joseph White, Senior Citizens Commissioner, who
passed away on September 10, 2001, to Monday, October 8, 2001, beginning at 5:30
p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CLERk: OF TI-~ CITY OF CYPRESS
10