Minutes 2002-11-25333
MINUTES CFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 25, 2002
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Sondhi in the Council Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council Members Keenan, McGill, Piercy, Mayor Pro Tem McCoy
(arrived at 6:50 p.m.), Mayor Sondhi
ABSENT: None
STAFF PRESENT:
City Manager, City Attorney, and City Clerk.
The City Attorney reported that the City Council would be meeting in a Joint Closed
Session with the Redevelopment Agency regarding Conference with Legal Counsel -
Existing Litigation, pursuant to Government Code Section 54956.9 (a), Cypress
Redevelopment Agency and City of Cypress v. Scott Aanonson, Citizens for Property
Rights, et al., Case Number 02CC11786, Orange County Superior Court- Central
Justice Center and 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 (Removed to Federal Court), Case Number SA02-149, United States District
Court - Central District of California.
The City Attorney reported that the Redevelopment Agency would be meeting in Closed
Session regarding Conference with Real Property Negotiators, pursuant to Government
Code Section 54956.8, Real Property Identified by APN Numbers 241-091-19, 241-
091-20, 241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26,
241-091-27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091-
36, 241-231-24, 241-231-25, 241-231-26, and 241-231-28; Consisting of 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.
At 6:02 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 SondhL
PRESENT: Council Members Keenan, McGill, Piemy, 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, Assistant Community Development Director, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Sondhi.
INVOCATION: The invocation was given by City Attorney Wynder.
CItY COUNCIL MINUTES NOVEMBER 25, 4
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
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
Redevelopment Agency regarding Conference with Legal Counsel - Existing Litigation,
pursuant to Government Code Section 54956.9 (a), Cypress Redevelopment Agency and
City of Cypress v. Scott Aanonson, Citizens for Property Rights, et al., Case Number
02CC11786, Orange County Superior Court - Central Justice Center. The City Attorney
stated that legal counsel for Scott Aanonson has forwarded a standstill agreement for
consideration, which would put all actions on hold.
The City Attorney reported that the Council and Redevelopment Agency met regarding
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 (Removed
to Federal Court), Case Number SA02-149, United States District Court - Central District
of California. The City Attorney stated the United States District Court has continued an
important trial preparation deadline in recognition that settlement of the Federal District
Court litigation appears imminent.
The City Attorney reported that the Redevelopment Agency met in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Numbers 241-091-19, 241-091-20,
241-091-21, 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-091-
27, 241-091-28, 241-091-29, 241-091-30, 241-091-33, 241-091-34, 241-091-36, 241-
231-24, 241-231-25, 241-231-26, and 241-231-28; Consisting of 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. The City Attorney stated the documents for the purchase
and sale agreement are essentially in final form and will not be presented to the City
until a purchase and sale agreement has been entered into between Cottonwood
Christian Center and the owners of the golf course property for purchase of that
property. He stated it is the hope that on or before the next regularly scheduled Council
meeting that the settlement agreement, the purchase and sale agreement for the
Cottonwood property, and the purchase and sale agreement for the golf course
property will be ready for action.
Mayor/Agency Chair Sondhi did not participate in the Closed Session due to her
ownership of property in proximity to the project area.
No other action was taken in Closed Session, nor was any solicited.
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.
Mary Crowder, Cypress, spoke regarding the use of wood chips in park playgrounds.
Stephen St. Clair, Cypress, invited the Council to attend the Cypress Interfaith Council
Thanksgiving program at St. Irenaeus Church on Wednesday, November 27, 2002, at
7:00 p.m.
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.
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Council Member McGill requested Item No. 8 be pulled from the Consent Calendar.
Mayor Sondhi requested Item No. 7 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 through 6 and 9 through 13.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Item No. 1:
5 COUNCILMEMBERS: Keenan, McGill, Piemy, McCoy and Sondhi
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
NOVEMBER 12, 2002.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 12, 2002, as submitted.
Item No. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 3: PROCLAIMING NOVEMBER 1, 2002 THROUGH 2003, AS "BUCKLE UP
FOR LIFE CHALLENGE" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim November 1,
2002 through 2003, as "Buckle Up For Life Challenge" in the City of Cypress.
Item No. 4: APPROVAL OF CONTRACT CHANGE ORDER NO. 3 FOR POLICE
DEPARTMENT SHOOTING RANGE, PUBLIC WORKS PROJECT NO. 2001-05.
Recommendation: That the City Council approve Contract Change Order No. 3 to JP
LaBarge Construction Management Group for Public Works Project No. 2001-05, in the
amount of $9,731.70.
Item No. 5: APPROVAL OF AMENDMENT NO. 3 TO THE SEWER MASTER PLAN
AGREEMENT WITH THE ORANGE COUNTY SANITATION DISTRICT, PUBLIC
WORKS PROJECT NO. 2000-06.
Recommendation: That the City Council: 1) Appropriate $20,000 from the Unreserved
Fund Balance of the Sewer Fund to Account No. 4189-41-436-24; and 2) Approve
Amendment No. 3 to Cooperative Project Program Contract No. 0001 with the Orange
County Sanitation District, Public Works Project No. 2000-06; and 3) Authorize the City
Manager to execute Amendment No. 3 to Cooperative Project Program Contract No.
0001 with the Orange County Sanitation District.
Item No. 6: APPROVAL OF AMENDMENT NO. 1 TO THE SEWER CONDITION
ASSESSMENT PLAN AGREEMENT WITH THE ORANGE COUNTY SANITATION
DISTRICT, PUBLIC WORKS PROJECT NO. 2001-16.
Recommendation: That the City Council: 1) Approve Amendment No. I to Cooperative
Project Program Contract No. 0103 with the Orange County Sanitation District, Public
Works Project No. 2001-16; and 2) Authorize the City Manager to execute Amendment
No. 1 to Cooperative Project Program Contract No. 0103 with the Orange County
Sanitation District,
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CITY COUNCIL MINUTES NOVEMBER 25, 200~
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Item No. 9: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CITY OF CYPRESS' APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR ENDING JUNE 30, 2003.
Recommendation: That the City Council receive and file the Report on Agreed-Upon
Procedures Applied to the City of Cypress' Appropriations Limit for the Fiscal Year
Ending June 30, 2003.
Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER,
2002.
Recommendation: Receive and file.
Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
56807 THROUGH 56984.
Recommendation: Approve the attached warrant register.
RECREATION & PARK DISTRICT MA TTERS:
Item No. 12: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR
ENDED JUNE 3012002.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, receive and file the Component
Unit Financial Report of the Cypress Recreation and Park District for the Fiscal Year
Ended June 30, 2002.
Item No. 13: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURE~
APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2003.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, receive and file the Report on
Agreed-Upon Procedures Applied to the Cypress Recreation and Park District's
Appropriation Limit for the Fiscal Year Ending June 30, 2003.
Regarding Item No. 7: DONATION OF SURPLUS BALLISTIC VESTS TO THE
ORANGE COUNTY FIRE AUTHORITY, Mayor Sondhi stated that it was staff's
recommendation to table this item until there is another identified group to receive the
ballistic vest donation.
RegardinqltemNo. 8: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT OF THE CITY OF CYPRESS FOR THE FISCAL YEAR ENDED
JUNE 30, 2002, Council Member McGill asked about the GASB 34 requirement for next
year.
The Director of Finance and Administrative Services stated the City is required to move
to GASB 34 next year, which is the new accounting and financial reporting model. It will
require the City to report infrastructure and depreciation on the infrastructure.
Council Member McGill stated some of the unique things that occur with GASB 34
include leased items being reported as an asset, which could provide a false picture of
assets. He thanked staff for their hard work on the report.
Council Member Keenan stated this is the sixteenth consecutive year that the City of
Cypress has achieved the California Society of Municipal Finance Officers Certificate of
Award for Outstanding Financial Reporting.
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CITY COUNCIL MINUTES
NOVEMBER 25, 200~ 3~
It was moved by Council Member McGill and seconded by Council Member Piercy, to
receive and file the Comprehensive Annual Financial Report of the City of Cypress for
the Fiscal Year ended June 30, 2002.
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
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
Noitems.
NEW BUSINESS
Noitems.
RECREATION & PARK DISTRICT MATTERS:
~e Ex Offic~ Govem~g Boa~ of Direc~.
Noitems.
The City Councilmeeting wasrecessedat7:22p.m.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Actingas ~e Cypmss RedevelopmentAgency.
The Cypress City Council, Acting as
The Cypress City Council,
The Redevelopment Agency was called to order at 7:22 p.m.
PRESENT: Agency Board Members Keenan, McGill, Piercy, Agency Vice
Chairperson McCoy, Chairperson Sondhi
ABSENT: None
It was moved by Agency Board Member Keenan and seconded by Agency Vice Chair
McCoy, to approve Consent Calendar Item No. 14.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Keenan, McGill, Piemy, McCoy and Sondhi
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
Consent Calendar:
Item No. 14: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE
30, 2002.
Recommendation: That the Cypress Redevelopment Agency Board receive and file
the Component Unit Financial Report of the Cypress Redevelopment Agency for the
Fiscal Year Ended June 30, 2002.
END OF CONSENT CALENDAR
The Redevelopment Agency was adjourned at 7:23 p.m.
The City Council reconvened at 7:23 p.m.
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CITY COUNCIL MINUTES NOVEMBER 25, 2oo, 38
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 McGill:
Attended several D.A.R.E. luncheons. Attended the ribbon cutting for the Marriott
Residence Inn on Katella Avenue. Attended the Growth Management Area No. 2
meeting with the Public Works Director where Measure M funding projects and long-
term planning were discussed. Attended the O.C. Fire Authority meeting where Chief
Prather was acknowledged at being the Chief of the Year for the State of California.
Council Member Piercy:
Attended an O.C. Sanitation District meeting where the acceptance of the actual
application for full secondary treatment was discussed. Attended an O.C. Library
Advisory Board meeting where the budget was discussed. Attended opening night for
Cypress Civic Theatre production of "Pinocchio." Attended grand opening of Marriott
Residence Inn. Chose a tree, along with the Community Development Director, for
Fieldstone Development. Attended the Holiday Bazaar.
Mayor Sondhi:
Attended a Housing and Community Development subcommittee' meeting where
discussions on how the County might be able to have access to monies from
Proposition 46. Attended League of California Cities meeting where Julie Bornstein
from the State Housing and Community Development Office was the featured speaker.
Attended the grand opening for the Marriott Residence Inn. Attended the Volunteers in
Policing recognition event.
Mayor Sondhi congratulated Council Member Keenan for being named Chairman of the
Orange County Transportation Authority.
Mayor Pro Tern McCoy:
Thanked Council Member McGill for attending the O.C. Fire Authority meeting for him.
Council Member Keenan:
Attended an O.C. Transportation Authority meeting where the buy/sell agreement was
approved for the 91 Toll Road. Attended an O.C. Transportation Authority Board
meeting where S.C.A.G. made a presentation on high-speed rail and Maglev. Attended
a West-Comm Board meeting to approve quarterly financials and employee group
contracts. Attended an O.C.T.A. legislative meeting where interviews were held for
potential federal legislative lobbying firms.
Other Items:
Discussion Regarding Construction Trash Bins in the Public Right-of-Way
(Requested by Mayor Sondhi)
Mayor Sondhi stated she asked that this item be brought before the City Council
because it had come to her attention that many residents who are doing clean up work
or a small construction project on their home are required to pay the City a permit fee
for a trash bin. She asked the Council for consideration of waiving the permit fee for the
residents.
CITY COUNCIL MINUTES
NOVEMBER 25, 2002
$39
Council Member McGill stated that by leaving the permit process in place, it allows the
Public Works Department to monitor any abuse. He stated that he agrees with
removing the permit fee.
The Public Works Director stated the permit is being done pursuant to a provision of the
Municipal Code that states when there is an obstruction in the right-of-way, a permit is
to be obtained. A resident contacts Briggeman Disposal to rent a bin where they are
told a permit is needed from the City. The permit is $30.00, which covers the cost of
administering the program and minor inspection work.
Council Member Keenan stated this information could be posted on the website for the
public including having the permit application online.
Council Member Piercy stated she is in agreement with having a permit process without
a fee and noted that the cost of renting the bin from Briggeman Disposal is quite steep.
Mayor Pro Tem McCoy stated Briggeman Disposal is the most expensive of all the
cities surveyed and they charge the City of Los Alamitos less than Cypress for the
same service.
The City Manager stated monitoring of the bins is necessary because the bin interferes
with the traffic flow and eliminates parking. He stated that staff can make modifications
to the permit process and bring a proposal back to Council with different options.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Sondhi adjourned the meeting at 7:57 p.m. to Monday,
December 9, 2002, beginning at 6:00 p.m. in the Council Chambers.
ATTEST:
MAYOR/O~ THE CITY OF CYPRESS
~I~Y CLERrK OF T.~-I~ CITY OF CYPRESS
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