Minutes 2002-03-11MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 11,2002
A regular meeting of the Cypress City Council was called to order at 5:33 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,
Mayor Sondhi
ABSENT: None
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 Recreation and Community Services Director provided the City Council with a
chronological synopsis to date of the skate plaza project. She indicated drawings that
show a 3,939 square-foot facility, 4,000 square-foot facility, and 8,000 square-foot
facility at Veterans Park.
The Recreation and Community Services Director stated that currently there is $82,200
available in the skate park account for this project and an additional $35,000, which is
allocated for future linear skate features and is available July 1, 2002. The estimated
costs for the development of a facility at Veterans Park are between $134,000 and
$259,000, depending on the size of the project. The estimated costs include: $23 per
square foot construction; $30,000-$50,000 for irrigation and planting; and $23,000 for
architectural and inspection fees.
Council Member Piercy asked if it was ever considered to place the skate park
horizontally in the park rather than vertically.
The Recreation and Community Services Director stated that in her research she only
found drawings with the plaza placed vertically.
Council Member McGill stated that he felt an 8,000 square-foot skate plaza is intrusive
and that, if needed, a 3,939 square-foot facility could be expanded in the future.
Mayor Sondhi stated she felt the facility could be expanded easier in the future if the
orientation of the plaza was horizontal instead of vertical.
Mayor Pro Tern McCoy stated the size of the facility is based primarily on neighborhood
concerns and not on cost.
Council Member Piercy stated the Environmental Impact Report was done for a larger
skate park and she would like to see a skate park that is 6,000 to 8,000 square-feet as
recommended by the Commission.
Mayor Sondhi stated she would like to see a 4,000 square-foot skate park built with the
ability to phase in another 2,000 square-feet in the future, without tearing up the
existing facility.
Council Member Keenan stated he feels a 4,000 square-foot park is too small and, if
the project is done in phases, would like to see it start at 5,000 square-feet with a
potential 3,000 square-feet addition.
CITY COUNCIL MINUTES
MARCH 11,2OO2
James Preston, Recreation and Community Services Commissioner, stated that a mid-
size skate park now is 6,000 to 8,000 square-feet and that building a smaller skate park
is like building half of a basketball court or half of a football field.
It was moved by Council Member McGill and seconded by Mayor Pro Tem McCoy, to
approve the 3,939 square-foot skate plaza, and have the architect design a phase-in
possibility to bring the skate park to 8,000 square-feet.
The motion was carried by the following roll call vote:
AYES: 3
NOES: 2
ABSENT: 0
COUNCIL MEMBERS: McGill, McCoy and Sondhi
COUNCIL MEMBERS: Keenan and Piercy
COUNCIL MEMBERS: None
At 6:20 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 Sondhi.
PRESENT: Council Members Keenan, McGill, Piercy, Mayor Pro Tern McCoy, Mayor
Sondhi
ABSENT: None
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 Council Member
McGilI.
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 Manager reported that the City Council discussed with staff the proposed
skate plaza at Veterans Park. The Council directed staff to move forward with a project
that will have a first phase development of a skate park in the approximate size of 4,000
square-feet with design components provided to expand the skate park to as much as
8,000 square-feet.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney stated that due to the length of discussion for the workshop session
and the number of agenda items for Closed Session, not all of the items were
completed or discussed prior to the commencement of the City Council meeting and will
be concluded following the regular session this evening.
The City Attorney reported that the Council met in a Joint Closed Session with the
Redevelopment Agency regarding Conference with Legal Counsel - Existing Litigation,
pursuant to Government Code Section 54956.9(a), Cottonwood Christian Center v.
CITY COUNCIL MINUTES
MARCH 11,2002
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; 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 Race Track and Golf Course
Redevelopment Project, and Does 1-25, Case Number 02CC00031, Orange County
Superior Court - Civil Division. The Council was advised that staff was preparing to
submit the Administrative Record, which is one of the processes that will prepare these
cases for ultimate trial.
The City Attorney reported that the Redevelopment Agency met regarding Conference
with Real Property Negotiators, pursuant to Government Code Section 54956.8,
Property: Approximately 75 Acres at Nodhwest 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. The Deputy Executive
Director of the Redevelopment Agency briefed the Agency on ongoing activities with
respect to the property, and identified upcoming meetings.
The City Attorney reported that the City Council met regarding Existing Litigation,
pursuant to Government Code Section 54956.9(a), Virginia C. Kelly v. City of Cypress,
Case Number 01CC04751, Orange County Superior Court. The City is preparing to go
to trial on this case and a Mandatory Settlement Conference is scheduled before the
next Council meeting. A range of settlement authority was discussed and the Council
unanimously granted staff's request for settlement authority up to a certain amount.
The Mayor/Agency Chair did not participate in the Closed Session items pertaining to
Existing Litigation or Real Property Negotiations due to her ownership of property in
proximity to the project area.
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.
None.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2002-02, A REQUEST TO INSTALL FOUR (4) ROOF-MOUNTED ANTENNAS ON
THE VERTEX STANDARD BUILDING LOCATED AT 10900 WALKER STREET IN
THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Planning Manager provided background information on this item.
Council Member Keenan asked if the building or antenna are required to have lights
because of the proximity to the Los Alamitos Joint Forces Training Base.
The Planning Manager stated that neither the building or antenna reach the required
height for lighting.
The public hearing was opened.
The applicant, Charles Margelli, Vertex Standard, stated he was available for the
Council or public to answer any questions, and that they are looking forward to moving
into their new building.
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CITY COUNCIL MINUTES
MARCH 11,2002
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 McGill and seconded by Council Member Piercy, to
adopt the Resolution by title only, approving Conditional Use Permit No. 2002-02 - with
conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2002-02 -
WITH CONDITIONS.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent CalendaF' 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 McGill requested Item No. 4 be pulled from the Consent Calendar.
It was moved by Council Member McGill and seconded by Mayor Pro Tem McCoy, to
approve Consent Calendar Items No. 2 through 3 and 5 through 6.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Item No. 2:
5 COUNCILMEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
0 COUNClLMEMBERS: None
0 COUNClLMEMBERS: None
APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
FEBRUARY 25, 2002.
Recommendation: That the City Council approve the Minutes of the Meeting of
February 25, 2002 as submitted, with Council Member Keenan abstaining due to his
absence from the meeting.
Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVEFURTHER READING.
Item No. 5: APPROVAL OF VARIOUS ITEMS FROM THE FEBRUARY 19, 2002,
TRAFFIC COMMISSION MEETING.
Recommendation: That the City Council approve the following recommendations of
the Traffic Commission: 1) Adopt the Resolution by title only, title as follows, providing
for the installation of a street sweeping parking restriction on the west side of Moody
Street, beginning at the nodh City limit south to approximately five hundred and twenty
(520) feet nodh of Lincoln Avenue; and 2) Adopt the Resolution by title only, title as
follows, providing for the installation of forty-five (45) feet of "No Parking Anytime" area
west of the alley adjacent to 5752 Orange Avenue.
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CITY COUNCIL MINUTES
MARCH 11,2OO2
RESOLUTION NO. 5532
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CYPRESS,
ESTABLISHING "NO PARKING" AREA FOR STREET SWEEPING
PURPOSES ON THE WEST SIDE OF MOODY STREET BEGINNING
AT THE NORTH CITY LIMIT SOUTH TO APPROXIMATELY FIVE
HUNDRED AND TWENTY (520) FEET NORTH OF LINCOLN AVENUE.
RESOLUTION NO. 5533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ESTABLISHING A "NO PARKING ANYTIME" AREA WEST OF THE ALLEY
ADJACENT TO 5752 ORANGE AVENUE.
Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
52710 THROUGH 52939.
Recommendation: Approve the attached warrant register.
Reqarding Item No, 4: APPROPRIATION OF MEMBERSHIP FUNDING FOR THE
ORANGE COUNTY REGIONAL AIRPORT AUTHORITY FROM THE UNRESERVED
GENERAL FUND BALANCE, Council Member McGill stated he contacted the
Executive Director of OCRAA to discuss the future of the organization after the election.
The Executive Director told him OCRAA will be involved in part of the process relating
to the legality of Measure W, and other issues and alternatives that were not given
serious consideration.
Council Member Keenan stated his concern about going forward with the expenditure of
funds now that Measure W has passed, and would like to review this during the budget
process in a few months.
It was moved by Council Member McGill and seconded by Council Member Piercy, to
appropriate $9,400 from the Unreserved General Fund Balance to account no. 4163-
11-117-02 to provide a voluntary contribution of funds to the Orange County Regional
Airport Authority (OCRAA).
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: McGill, Piercy, McCoy and Sondhi
NOES: 1 COUNCILMEMBERS: Keenan
ABSENT: 0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
No items were presented.
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.
The City Council meeting was recessed at 7:29 p.m.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Acting as the Cypress Redevelopment Agency.
The Cypress City Council,
CITY COUNCIL MINUTES
MARCH 11, 2002
The Redevelopment Agency was called to order at 7:29 p.m.
PRESENT:
Agency Board Members Keenan, McGill, Piercy, Agency Vice
Chairperson McCoy, Chairperson Sondhi
ABSENT: None
Agency Board Member Keenan requested Item No. 7 be pulled from the Consent
Calendar.
Re.qardin.q Item No. 7: CONSIDERATION OF RELOCATION ASSISTANCE
AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THF
CYPRESS CHAMBER OF COMMERCE, AND APPROPRIATION OF FUNDS, Agency
Board Member Keenan stated the City is required, when a change takes place on a
piece of property in the redevelopment area, to provide assistance. He commended the
Chamber for taking this step and moving to their new office on Lincoln Avenue.
It was moved by Agency Board Member Keenan and seconded by Agency Board
Member McGilI, that the Cypress Redevelopment Agency: 1) Approve the Relocation
Assistance Agreement between the Cypress Redevelopment Agency and the Cypress
Chamber of Commerce, and authorize the Executive Director and Agency Secretary to
execute the Agreement; and 2) Approve an appropriation of $28,800 from the
unreserved fund balance of the Civic Center Project Area to Account No. 4299-35-194-
06 in order to fund the anticipated costs during the first year of the Agreement.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 AGENCY MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
0 AGENCY MEMBERS: None
0 AGENCY MEMBERS: None
END OF CONSENT CALENDAR
The Redevelopment Agency was adjourned at 7:33 p.m.
The City Council reconvened at 7:33 p.m.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Sondhi requested reports from the Council Members on their respective
committee assignments.
Council Member Piercy:
Attended an C.C. Sanitation District meeting where an emergency consideration was
requested to move forward with a plan to treat waste water with bleach to remove
bacteria before it goes into the ocean.
Council Member McGill:
Attended the Rotary Club's 25th Anniversary celebration.
Council Member Keenan:
Attended an C.C. Transportation Authority Board meeting where the soundwall retrofit
program was approved. Traveled to Washington, DC, for OCTA where he met with
various Congressional and Senate representatives. Participated in Read Across
America at Vessels School. Attended an OCTA Committee meeting where a
CITY COUNCIL MINUTES
MARCH 11, 2002
presentation was made on transit-oriented development relating to the Centerline
project and a contract was authorized for preliminary engineering for the Centerline
project. Attended an OCTA Board meeting where a program for freeway choke points
was approved.
Mayor Sondhi:
Attended the Rotary Club's 25th Anniversary celebration. Attended the Housing and
Community Development Commission meeting where a work plan for the next year was
approved. Attended the Women's Club 36th Anniversary celebration.
ITEMS FROM CITY MANAGER:
None,
The City Council meeting was recessed at 7:47 p.m.
The City Council reconvened at 9:36 p.m.
REPORT OF CLOSED SESSION:
The City Attorney reported that the City Council met in Closed Session regarding Public
Employee Performance Evaluation, pursuant to Government Code Section 54957, Title:
City Manager, Requested By: City Manager. The City Manager provided a confidential
report to the Council on Council/Senior Management staff relations, provided the
Council with feedback on those relations and obtained feedback from the Council, in
anticipation of the regular City Manager's performance evaluation, which will be held in
May 2002.
The City Attorney reported that the City Council also met regarding Conference with
Legal Counsel - Anticipated Litigation, pursuant to Government Code Section
54956.9(b), Number of Cases: One. The City Manager and City Attorney briefed the
City Council on facts and circumstances, which could have given rise to an exposure to
litigation on the part of the City. This necessitated the preparation of a verbatim
transcript of comments made by members of the Cultural Arts Commission at a recent
Cultural Arts Commission meeting. Those comments were reviewed with the City
Council and the potential exposure to litigation some of those comments may have
created was discussed. Legal advice was provided to the City Council about
appropriate ways to minimize the exposure to litigation, and staff is satisfied, based on
the conclusion of the investigation, that the Council can now proceed forward with its
due consideration of the master plan for consolidating and reorganizing boards,
commissions and committees within the City. An Ordinance will be agendized for
introduction and first reading to consolidate into one form all of the various Ordinances
that exist on the formation, functions, powers and prerogatives of boards, commissions
and committees.
No other action was taken in Closed Session, nor was any solicited.
ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:37 p.m. to Monday, March
25, 2002, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR~HE Cl~ ~-~ ~
ATTEST:
/L~TY CLERK~)F~____~E CITY (~F CYPRESS