Minutes 2002-01-28125
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 28, 2002
A regular meeting of the Cypress City Council was called to order at 5:35 p.m. by Mayor
Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tem McCoy
(arrived at 5:38 p.m.), Mayor Sondhi
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Public Works Director,
Chief of Police, Recreation and Community Services Director, Assistant to the City
Manager, and City Clerk.
The Assistant to the City Manager introduced Jon Shull, Assistant Executive Director for
the California Joint Powers Insurance Authority.
Mr. Shull stated the California JPIA was formed in 1977. He provided background
information on the JPIA and benefits it provides to its members. He stated the
difference between the JPIA and the insurance market is that the JPIA is a pool of the
member agencies and therefore, not affected by the cycles of the insurance industry.
Council Member Keenan asked about City Council involvement in the organization.
Mr. Shull stated that each member agency has one member of their City Council on the
Board of Directors.
Mr. Shull stated that some of the outstanding features of the California JPIA are their
on-site training capabilities, risk management evaluation program, and comprehensive
website. He stated the JPIA is a member-driven organization.
The Director of Finance and Administrative Services provided information on the
monthly reimbursement each City Council Member receives. This allowance covers
local mileage, Chamber of Commerce events, non-profit events, non-budgeted
workshops, and any other expenses associated with official duties.
Council Member Keenan stated that he felt all Chamber events should be paid for by
the City.
It was the consensus of the City Council to have the City pay for Council attendance at
the annual Chamber of Commerce Holiday Extravaganza.
At 6:26 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 7:03 p.m. by
Mayor ~ondhi.
PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tem McCoy, Mayor
Sondhi
ABSENT: None
CITY COUNCIL MINUTES
JANUARY 28, 2002
126
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Chief of Police, Public
Works Director, Recreation and Community Services Director, Assistant to the City
Manager, Planning Manager, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Girl Scout Junior
Troop 29.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Mayor presented a certificate to Patricia Bray, Cultural Arts Commission Arts
Recognition recipient.
The Mayor presented certificates in recognition of the Cultural Arts Commission 2001
Holiday Decorating Contest to:
Sweepstakes Award - Condo Category: Jim, Sandy and Breanna Davis
Sweepstakes Award - Home Category: Paul and Mariellen Lussman
Sweepstakes Award - Business Category: Cypress College Shell
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 a representative from the
California Joint Powers Insurance Authority, a risk management insurance pool. He
stated the City Council monthly reimbursement program was also reviewed at the
workshop in preparation for next year's budget.
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 in a Joint Closed Session with the
Cypress Redevelopment Agency regarding Conference with Legal Counsel - Existing
Litigation, pursuant to Government Code Section 54956.9(a), Cottonwood Christian
Center v. Redevelopment Agency of the City of Cypress, Case Number SA02-60,
United States District Court - Central District of California, Case Number 02CC01575,
Orange County Superior Court - Central Justice Center, and Los Alamitos Race
Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress
Redevelopment Agency and City of Cypress, Case Number 02CC00006, Orange
County Superior Court - Civil Division. The City Council and Agency were provided a
brief status report and information on litigation timelines.
The City Attorney reported the Cypress Redevelopment Agency met in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Property: Approximately 75 Acres at 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. A brief
status report was provided on a meeting held between representatives of the
Redevelopment Agency and Cottonwood Christian Center, and a telephone
conversation between the City Attorney's Office and legal counsel for the Los Alamitos
Race Track. Authorization to continue negotiations was provided.
No action was taken in Closed Session, nor was any solicited.
Mayor/Agency Chair Sondhi did not participate in either Closed Session item due to her
ownership of property in proximity to the project area.
CITY COUNCIL MINUTES JANUARY 28, 2002 ~L 2 I~
The City Attorney stated he had provided a series of four letters to each Council
Member received from Cottonwood Christian Center and/or their legal counsel just prior
to the meeting. One of the letters deals with Agenda Item No. 13 and raises four legal
objections to the proposed Resolution. Staff is requesting Agenda Item No. 13 be
continued to February 11, 2002, to allow for the analyzing of the objections and
determination if any modification is needed in the proposed Resolution.
The City Attorney stated a second letter, addressed to the Redevelopment Agency, is
entitled "Revocation of Consent to Negotiate with Costco," and revokes the consent
given by Cottonwood for the Agency to negotiate with Costco. Since this letter deals
with Agenda Item No. 14, staff is also asking for this item to be continued to February
11,2002.
The City Attorney stated the two letters previously discussed have been made a part of
the record of the proceedings of the City Council.
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.
James Sachtschale, Newport Beach, spoke regarding Measure W.
Christopher Vullo, Cypress, requested a Variance waiver for a residential addition.
Brigitte Wolf, Cypress, introduced herself as the new Cypress College Chronicle
newspaper reporter.
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.
Mayor Pro Tem McCoy requested Item No. 4 be pulled from the Consent Calendar.
Council Member McGill requested Item No. 3 be pulled from the Consent Calendar.
It was moved by Council Member Keenan and seconded by Mayor Pro Tem McCoy, to
approve Consent Calendar Items No. 1 and 2, and 5 through 12.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
JANUARY 7 AND JANUARY 14, 2002.
Recommendation: That the City Council approve the Minutes of the Meetings of
January 7 and January 14, 2002, as submitted, with Mayor Sondhi abstaining on the
Minutes of January 7, 2002, 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.
CITY COUNCIL MINUTES JANUARY 28, 2002 ~. 28
Item No. 5: RETENTION OF PROFESSIONAL ARCHITECTURAL SERVICES FOR
CONSTRUCTION OF INTERIOR REMODEL OF COUNCIL CHAMBERS1 PUBLIC
WORKS PROJECT NO. 2001-18.
Recommendation: That the City Council award a professional architectural services
contract for phase 1 design development, and phase 2 preparation of plans,
specifications, estimates for the Interior Remodel of the Council Chambers to John
Bates Associates, Inc., 22952 Mill Creek Drive, Laguna Hills, California 92653. The
costs of these services are not to exceed $65,682 (award amount of $54,735 plus 10%
contingency for reimbursable expenses and 10% for design contingency).
Item No. 6: ACCEPTANCE OF RESIDENTIAL/BUSINESS PARK STREET
RESURFACING, PHASE II, PUBLIC WORKS PROJECT NO. 2001-13.
Recommendation: That the City Council: 1) Accept the improvements for
Residential/Business Park Street Resurfacing, Phase II, Public Works Project No.
2001-13, as being satisfactorily completed in conformance with the project
specifications in the final amount of $229,794.96; and 2) Approve the final retention
payment of $22,979.50 to Roy Allen Slurry Seal, Inc., 11922 Bloomfield Avenue, Santa
Fe Springs, California 90670, thirty-five (35) days after the Notice of Completion is filed,
if no claims or objections have been filed, and upon concurrence of the Director of
Public Works; and 3) Authorize the City Clerk to release the Labor and Materials Bond
and the Faithful Performance Bond upon expiration of the required lien period, if no
claims or objections have been filed, and upon concurrence of the Director of Public
Works.
Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR CONSTRUCTION OF POLICF
DEPARTMENT SHOOTING RANGE AND TRAINING FACILITY, PUBLIC V~/ORKS
PROJECT NO. 2001-05.
Recommendation: That the City Council: 1) Approve the plans and specifications for
Construction of Police Department Shooting Range and Training Facility, Public Works
Project No. 2001-05; and 2) Authorize staff to advertise the project for bid.
Item No. 8: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR CONSTRUCTION OF CURB RAMPR
ON LARWlN AVENUE BETWEEN BALL ROAD AND DENNI STREET, PUBLIC;,
WORKS PROJECT NO. 2001-31.
Recommendation: That the City Council: 1) Approve the plans and specifications for
Construction of Curb Ramps on Larwin Avenue between Ball Road and Denni Street,
Public Works Project No. 2001-31; and 2) Authorize staff to advertise the project for
bid.
Item No. 9: ACCEPTANCE OF FINAL TRACT MAP NO. 15727. PROPERTY
LOCATED AT 6242 LINCOLN AVENUE.
Recommendation: That the City Council approve Final Tract Map No. 15727 and
authorize the City Clerk to sign the map.
Item No. 10: AUTHORIZE SALE OF CITY OWNED PROPERTY ON THE WICKER
DRIVE SITE TO THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
authorizing the transfer of specified Wicker Drive parcels from City to Redevelopment
Agency ownership; and 2) Approve the increase in Estimated Revenue to the General
Fund Revenue Account No. 3700-11 (Sale of Real Properly) of $477,000 in conjunction
with the sale of City owned Wicker Drive parcels to the Cypress Redevelopment
Agency.
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CITY COUNCIL MINUTES
129
JANUARY 28, 2002
RESOLUTION NO. 5522
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY TO THE
CYPRESS REDEVELOPMENT AGENCY.
Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
DECEMBER, 2001.
Recommendation: Receive and file.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
52137 THROUGH 52269.
Recommendation: Approve the attached warrant register.
Reqardinq Item No. 3: CONSIDERATION OF ADOPTION OF RESOLUTION TO
SUPPORT MEASURE V RELATED TO COUNTY OF ORANGE PROPOSED
CHARTER, Council Member McGill asked Council Member Keenan to provide some
background information on this item.
Council Member Keenan stated this measure gives the County some of the same
benefits of a charter city for control of elections. It would allow the public the ability to
vote for a replacement supervisor instead of by Governor appointment.
It was moved by Council Member Keenan and seconded by Council Member Piercy,
that the City Council adopt the Resolution by title only, relating to Measure V, The
Charter Initiative.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, McGill, Piercy, McCoy and Sondhi
None
None
RESOLUTION NO. 5521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RELATING TO MEASURE V, THE CHARTER INITIATIVE.
ReqardinR Item No. 4: APPROVAL OF A CONTRACT SERVICES AGREEMENT
FOR GRAFFITI REMOVAL SERVICES, Mayor Pro Tem McCoy stated he feels the
company does a tremendous job on the graffiti removal and wanted them to be
recognized.
It was moved by Mayor Pro Tem McCoy and seconded by Council Member McGill, that
the City Council approve a five-year contract for graffiti removal services with C.H.
Painting, 433 W. Aster Street, Upland, California 91786, commencing February 1,
2002, and ending January 31,2007.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
Item No. 13: APPEAL OF PLANNING MANAGER'S DECISION REGARDING A
CONDITIONAL USE PERMIT APPLICATION: A REQUEST, BY JONATHAN CURTIS
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.
It was moved by Council Member Piercy and seconded by Council Member Keenan, to
continue this item to the February 11,2002 meeting.
The motion was carried by the following roll call vote:
AYES: 4 COUNClLMEMBERS: Keenan, McGill, Piercy, and McCoy
NOES: 0 COUNClLMEMBERS: None
ABSENT: 0 COUNClLMEMBERS: None
ABSTAIN: 1 COUNClLMEMBERS: Sondhi
Mayor Sondhi did not participate in this action due to her ownership of property in
proximity to the project area.
NEW BUSINESS
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
The City Council meeting was recessed at 7:41 p.m.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
The Redevelopment Agency was called to order at 7:41 p.m.
PRESENT: Agency Board Members Keenan, McGill, Piercy, Agency Vice
Chairperson McCoy, Chairperson Sondhi
ABSENT: None
Agency Board Member Piercy requested Item No. 14 be pulled from the Consent
Calendar.
It was moved by Agency Board Member Piercy and seconded by Agency Vice
Chairperson McCoy, to approve Consent Calendar Items No. 15 and 16, with Agency
Chairperson Sondhi abstaining from Item No. 15.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
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CITY COUNCIL MINUTES
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JANUARY 28, 2002
Consent Calendar:
Item No. 15: APPROVAL OF CONTRACT SERVICES AGREEMENT WITH RBF
CONSULTING FOR THE PREPARATION OF AN ENVIRONMENTAL ANALYSIS FOR
THE WALKER/KATELLA RETAIL PROJECT.
Recommendation: That the Cypress Redevelopment Agency: 1) Approve the Contract
Services Agreement with RBF Consulting in an amount not to exceed $25,150.00, for
the preparation of an environmental analysis of the Walker/Katella Retail Project; and
2) Authorize the Executive Director to execute the Contract Services Agreement with
RBF Consulting; and 3) Appropriate $25,150.00 from the Unreserved Fund Balance of
the Los Alamitos Race Track and Golf Course Project Fund to Account No. 4189-38-
197-06 (Professional Services).
Agency Chairperson Sondhi did not participate on this item due to her ownership of
property in proximity to the project area.
Item No. 16: AUTHORIZE THE PURCHASE OF CITY OWNED PROPERTY ON THE
WICKER DRIVE SITE BY THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the Cypress Redevelopment Agency: 1) Adopt the Resolution
by title only, authorizing the transfer of specific Wicker Drive parcels from City to
Redevelopment Agency ownership; and 2) Appropriate $477,000.00 from Account No.
4176-35-194-06 (Civic Center Project Area) to facilitate the purchase of City owned
Wicker Drive parcels.
RESOLUTION NO. CRA-101
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY,
AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY
FROM THE CITY OF CYPRESS.
Regarding Item No. 14: APPROVAL OF AMENDMENT NO. 1 TO EXCLUSIVE
NEGOTIATION AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT
AGENCY AND COSTCO WHOLESALE CORPORATION.
It was moved by Agency Board Member Keenan and seconded by Agency Board
Member Piercy, to continue this item to the February 11 ,'2002 meeting.
The motion was carried by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Keenan, McGill, Piercy, and McCoy
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
ABSTAIN: I AGENCY MEMBERS: Sondhi
Agency Chairperson Sondhi did not participate in this item due to her ownership of
property in proximity to the project area.
END OF CONSENT CALENDAR
The Redevelopment Agency was adjourned at 7:43 p.m.
The City Council reconvened at 7:43 p.m.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
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CITY COUNCIL MINUTES
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132
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Sondhi requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Attended the File of Life event at the Cypress Senior Center. Attended the memorial
service for Reynold Elkin. Attended the Chamber mixer at It's A Grind.
Council Member Piercy:
Attended an O.C. Sanitation District meeting where the main subject of discussion was
the ocean waiver issue.
Council Member Keenan:
Attended an Orange County Transportation Authority Board meeting where the Board
reorganized, a project manager for the 22 Freeway Phase One was selected, and
freeway improvements to the 91 Freeway were authorized, that include payments to the
private toll road operator to offset loss of income to the toll operator. Attended an
OCTA Committee meeting where a "CenterLine Action Plan" was formulated. Attended
the File of Life event. Attended an OCTA West Orange County Rail Study meeting
where alignments and ranking of alignments was presented. Attended an OCTA Board
meeting where a mid-year budget adjustment was made to provide additional staffing
for the 22 Freeway construction project, CenterLine, and other projects.
Mayor Pro Tem McCoy:
Stated Council Member Keenan was elected Vice Chair of the Orange County
Transportation Authority. Attended the File of Life event. Attended a DARE graduation
ceremony. Attended an Orange County Fire Authority meeting where one of the major
issues discussed was the construction contract award regarding the training center. Met
with the Fire Chief regarding the reserve program at the Orange County Fire Authority.
Mayor Sondhi:
Attended several DARE graduation ceremonies. Regarding Measure W, she stated the
proposed cost of implementing a Great Park Project would be approximately $2.1
billion, a cost which more than likely would be passed onto the taxpayers.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:03 p.m. to Monday,
February 11,2002, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
MAYO/R ~OF THE CITY OF CYPRESS
TY CLEI~K OF ~...¢IE CIT, OF CYPRESS
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