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Minutes 2002-02-25I44 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 25, 2002 A regular meeting of the Cypress City Council was called to order at 5:38 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council Members McGill, Piercy, Mayor Pro Tern McCoy, Mayor Sondhi ABSENT: Council Member Keenan 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. The City Attorney stated he needed the City Council's consideration to add two Closed Session Agenda items, pursuant to Government Code Section 54956.9, Exposure to Litigation for one case, and pursuant to Government Code Section 54957, Public Employee Performance, involving the positions of City Manager and Assistant to the City Manager. It was moved by Council Member Piercy and seconded by Council Member McGill, to add the two Closed Session Agenda items. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan The meeting was recessed at 5:40 p.m. The meeting was reconvened at 5:55 p.m. The City Attorney reported that the City Council unanimously authorized the holding of a Closed Session, pursuant to Government Code Section 54956.9, Exposure to Litigation in one case, and pursuant to Government Code Section 54957, Employee Performance, Title: City Manager and Assistant to the City Manager. The City Council was briefed on the facts and circumstances, which may give rise to both personnel charges and/or litigation. The Council was informed that, in order to complete an evaluation and appraisal of the merit or lack of merit of the concerns expressed, the workshop session on the consideration of community-wide reorganizational policies and procedures for City commissions, boards, and committees, should be continued indefinitely. He stated the background of the investigation should be completed no later than March 11, 2002, and a Closed Session will be held to discuss the results and receive direction, if necessary. It was moved by Council Member Piercy and seconded by Council Member McGill, to continue indefinitely the consideration of community-wide reorganizational policies and procedures for City commissions, boards, and committees. CITY COUNCIL MINUTES 145 FEBRUARY 25, 2002 The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan At 5:58 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 7:05 p.m. by Mayor Sondhi. PRESENT: Council Members McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi ABSENT: Council Member Keenan 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, Housing Coordinator, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Piercy. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Attorney reported that the scheduled workshop which, at the request of the City Attorney's Office, was continued indefinitely. The City Council was asked to go into Closed Session to discuss a potential exposure to litigation in one case and a potential personnel issue in two cases. The Council was briefed on concerns and informed that an investigation and comprehensive report would be prepared. 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 Existing Litigation, pursuant to Government Code Section 54956.9(a), Lara v. All Persons, Case Number 634224 and 633689, Orange County Superior Court. Given the absence of Council Member Keenan, the Council Members were reluctant to discuss or give strategy direction to the City Attorney until the entire Council could be present to fully consider the implications. The City Attorney reported that the City 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, 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, and Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency, City of Cypress, All Persons Interested in the Redevelopment Plan for the Los Alamitos 2 OIT¥ OOUNOIL MINUTES 149 FEBRUARY 25, 2002 ORDINANCES: (SECOND READING) Item No. 13: SECOND READING OF ZONING CODE AMENDMENT NO. 2002-011 AN ORDINANCE AMENDING SECTIONS 25.19(A)(B) AND 41.51 OF THE CYPRESS ZONING ORDINANCE. It was moved by Council Member Piercy and seconded by Council Member McGill, to adopt the Ordinance amending Sections 25.19(A)(B) and 41.51 of the Cypress Zoning Ordinance. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan ORDINANCE NO. 1021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 25.19(A)(B) AND 41.51 OF THE CYPRESS ZONING ORDINANCE. UNFINISHED BUSINESS: Item No. 14: CONTINUATION OF CONSIDERATION OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 AND VARIANCE NO. 2001-06, A REQUEST TO CONSTRUCT A 1,004 SQUARE-FOOT FREESTANDING MULTI-PURPOSF ROOM AT AN EXISTING CHURCH/SCHOOL FACILITY LOCATED AT 5202 LINCOLN AVENUE. A VARIANCE IS ALSO REQUESTED TO ALLOW A REAR BUILDING S~- ~ BACK OF SIX FEET (6'). Following public testimony and closure of the Public Hearing at the February 11, 2002 City Council meeting, the City Council continued a decision on this item to the February 25, 2002 City Council Meeting. The City Manager stated a letter was received and provided to the City Council from Calvary Chapel asking that this item be continued to the March 25, 2002 City Council meeting. It was moved by Council Member McGill and seconded by Mayor Pro Tem McCoy, to continue this item to the March 25, 2002 City Council meeting. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi None Keenan NEW BUSINESS No items were presented. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items were presented. CYPRESS REDEVELOPMENT AGENCY MATTERS: Acting as the Cypress Redevelopment Agency. The Cypress City Council, No items were presented. 6 CITY COUNCIL MINUTES FEBRUARY 25, 2002 Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Mayor Pro Tern McCoy, to adopt the Resolution approving Tentative Parcel Map No. 2001-171 -with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGilI, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Keenan RESOLUTION NO. 5528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 2001-171 -WITH CONDITIONS. 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. It was moved by Council Member Piercy and seconded by Council Member McGill, to approve Consent Calendar Items No. 2 through 12. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: Item No. 2: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 11,2002. Recommendation: That the City Council approve the Minutes of the Meeting of February 11,2002, as submitted. Item No. 3 MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: PROCLAIMING THE MONTH OF FEBRUARY, 2002, AS "CYPRESS ROTARY CLUB'S 25TM ANNIVERSARY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of February, 2002 as "Cypress Rotary Club's 25TM Anniversary" in the City of Cypress. Item No. 5: PROCLAIMING THE MONTH OF MARCH, 2002, AS "COLON CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of March, 2002, as "Colon Cancer Awareness Month" in the City of Cypress. Item No. 6: PROCLAIMING MARCH 4-8, 2002, AS "KINDERGARTEN ENROLLMENT AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim March 4-8, 2002, as "Kindergarten Enrollment Awareness Week" in the City of Cypress. CITY COUNCIL MINUTES FEBRUARY 25, 2002 Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Mayor Sondhi asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Piercy and seconded by Mayor Pro Tern McCoy, to adopt the Resolution approving Tentative Pamel Map No. 2001-171 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Keenan RESOLUTION NO. 5528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 2001-171 -WITH CONDITIONS. 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. It was moved by Council Member Piemy and seconded by Council Member McGill, to approve Consent Calendar Items No. 2 through 12. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Keenan Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 11,2002. Recommendation: That the City Council approve the Minutes of the Meeting of February 11, 2002, as submitted. Item No. 3 MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: PROCLAIMING THE MONTH OF FEBRUARY1 20021 ROTARY CLUB'S 25iH ANNIVERSARY" IN THE CITY OF CYPRESS. AS "CYPRESS Recommendation: That the Mayor and City Council officially proclaim the month of February, 2002 as "Cypress Rotary Club's 25~h Anniversary" in the City of Cypress. Item No. 5: PROCLAIMING THE MONTH OF MARCH, 2002, AS "COLON CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of March, 2002, as "Colon Cancer Awareness Month" in the City of Cypress. Item No. 6: PROCLAIMING MARCH 4-8, 2002, AS "KINDERGARTEN ENROLLMENT AWARENESS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim Mamh 4-8, 2002, as "Kindergarten Enrollment Awareness Week" in the City of Cypress. 4 CITY COUNCIL MINUTES FEBRUARY25,2002 149 ORDINANCES: (SECOND READING) Item No. 13: SECOND READING OF ZONING CODE AMENDMENT NO. 2002-011 AN ORDINANCE AMENDING SECTIONS 25.19(A)(B) AND 41.51 OF THE CYPRESS ZONING ORDINANCE. It was moved by Council Member Piercy and seconded by Council Member McGill, to adopt the Ordinance amending Sections 25.19(A)(B) and 41.51 of the Cypress Zoning Ordinance. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan ORDINANCE NO. 1021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 25.19(A)(B) AND 41.51 OF THE CYPRESS ZONING ORDINANCE. UNFINISHED BUSINESS: Item No. 14: CONTINUATION OF CONSIDERATION OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 78-27 AND VARIANCE NO. 2001-06, A REQUEST TO CONSTRUCT A 1,004 SQUARE-FOOT FREESTANDING MULTI-PURPOSE ROOM AT AN EXISTING CHURCH/SCHOOL FACILITY LOCATED AT 5202 LINCOLN AVENUE. A VARIANCE IS ALSO REQUESTED TO ALLOW A REAR BUILDING SETBACK OF SIX FEET (6'). Following public testimony and closure of the Public Hearing at the February 11, 2002 City Council meeting, the City Council continued a decision on this item to the February 25, 2002 City Council Meeting. The City Manager stated a letter was received and provided to the City Council from Calvary Chapel asking that this item be continued to the March 25, 2002 City Council meeting. It was moved by Council Member McGill and seconded by Mayor Pro Tern McCoy, to continue this item to the March 25, 2002 City Council meeting. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: NEW BUSINESS No items were presented. RECREATION & PARK DISTRICT MATTERS: the Ex Officio Governing Board of Directors. No items were presented. CYPRESS REDEVELOPMENT AGENCY MATTERS' Acting as the Cypress Redevelopment Agency. No items were presented. MeGilI, Pierey, McCoy and Sondhi None Keenan The Cypress City Council, Acting as The Cypress City Council, 6 CITY COUNCIL MINUTES FEBRUARY 25, 2002 The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McGill, Piercy, McCoy and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: Keenan At 5:58 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 7:05 p.m. by Mayor Sondhi. PRESENT: Council Members McGill, Piercy, Mayor Pro Tem McCoy, Mayor Sondhi ABSENT: Council Member Keenan 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, Housing Coordinator, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Piercy. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Attorney reported that the scheduled workshop which, at the request of the City Attorney's Office, was continued indefinitely. The City Council was asked to go into Closed Session to discuss a potential exposure to litigation in one case and a potential personnel issue in two cases. The Council was briefed on concerns and informed that an investigation and comprehensive report would be prepared. 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 Existing Litigation, pursuant to Government Code Section 54956.9(a), Lara v. All Persons, Case Number 634224 and 633689, Orange County Superior Court. Given the absence of Council Member Keenan, the Council Members were reluctant to discuss or give strategy direction to the City Attorney until the entire Council could be present to fully consider the implications. The City Attorney reported that the City 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 02C001575, Orange County Superior Court - Central Justice Center, 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, and Los Alamitos Race Course, Burlington National Insurance Co., and Rolling A Ranch LLC v. Cypress Redevelopment Agency, City of Cypress, All Persons Interested in the Redevelopment Plan for the Los Alamitos 151 CITY COUNCIL MINUTES FEBRUARY 25, 2002 The motion failed due to lack of a second. Mayor Pro Tern McCoy asked how many of the 16 member cities have provided a donation based on the funding model. Mayor Sondhi stated she does not have an exact figure but does know that approximately half of the member cities have donated or provided some amount of funding. It was moved by Council Member Piercy and seconded by Mayor Pro Tem McCoy, to fully fund the annual membership for the Orange County Regional Airport Authority. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McGill, Piercy, McCoyand Sondhi 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Keenan ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:28 p.m. to Monday, March 11,2002, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: MAYOR Of~ ~-Y CLERK OF T~.~CITY OF CYPRESS