Minutes 2003-01-13,352
MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
Janua~ 13,2003
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
McCoy in the Council Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council Members McGill, Piercy, Sondhi, Mayor Pro Tem Keenan,
Mayor McCoy
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 Coud - 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 6:04 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 7:12 p.m. by
Mayor McCoy.
PRESENT.: Council Members McGill, Piercy, Sondhi, Mayor Pro Tem Keenan, Mayor
McCoy
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, Associate Planner, and City
Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Sondhi.
CITY COUNCIL MINUTES JANUARY 13, 200~53
INVOCATION: The invocation was given by Council Member McGill.
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 Joint Closed Session with the City Council and
Redevelopment Agency was not held.
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 that the current status of the
negotiations was discussed. Staff is continuing negotiations on behalf of the
Redevelopment Agency with representatives from Cottonwood Christian Center.
Council Member/Agency Board Member 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 McCoy asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Allen Crowder, Cypress, spoke regarding 911 calls.
Council Member Piercy encouraged citizens to tie a yellow ribbon around their tree for
family members in the armed services that are called to duty.
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.
2002-17, A REQUEST TO UPGRADE THE EXISTING OFFSALE BEER AND WINF
LICENSE TO AN OFFSALE GENERAL ALCOHOL LICENSE FOR THE CALIFORNIA
2000 MARKET AND DELI, LOCATED AT 9175 VALLEY VIEW STREET IN THE PCM
PLANNED COMMERCIAL AND LIGHT INDUSTRIAL ZONE.
The Assistant Community Development Director provided background information on
this item.
The applicant, Kanti Rakholia, was present.
The public hearing was opened.
Mayor McCoy asked if there was anyone who wished to speak in favor of the item.
The following persons spoke in favor of the item:
Brian Hawkins
Raymond Kouyoumjian
CITY COUNCIL MINUTES
JANUARY 13,
Mayor McCoy asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Mayor Pro Tem Keenan and seconded by Council Member Sondhi, to
adopt the Resolution by title only, approving Conditional Use Permit No. 2002-17 - With
Conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McGilI, Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 5628
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2002-17-
WITH CONDITIONS.
Item No. 2: PUBLIC HEARING REGARDING A REQUEST BY GAMESTOP, INC., TO
ALLOW SECONDHAND MERCHANDISE SALES, LOCATED AT 6863 KATELLA
AVENUE, #105, IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
The public hearing was opened.
The applicants, Sharleen Muna, Store Manager, and Tammy Filicko, Assistant
Manager, were present.
Mayor McCoy asked if there was anyone who wished to speak in favor of the item.
Mayor McCoy asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Keenan, to
adopt the Resolution by title only, approving a Special Use Permit for a Secondhand
Store Located at 6863 Katella Avenue, #105 - With Conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: MoGilI, Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 5629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A SPECIAL USE PERMIT FOR A SECONDHAND STORE
LOCATED AT 6863 KATELLA AVENUE, #105 - WITH CONDITIONS.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent CalendaY' 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 Keenan abstained from Item No. 6.
Council Member Sondhi requested Item No. 10 be pulled from the Consent Calendar.
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CITY COUNCIL MINUTES JANUARY 13, 20(~5,~
It was moved by Council Member Piercy and seconded by Council Member McGill, to
approve Consent Calendar Items No. 3 through 9 and 11 through 12.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Item No. 3:
5 COUNCILMEMBERS: McGill, Piemy, Sondhi, Keenan and McCoy
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
DECEMBER 9, 2002.
Recommendation: That the City Council approve the Minutes of the Meeting of
December 9, 2002, as submitted.
Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 5: ADOPTION OF RESOLUTION GRANTING
TEMPORARY
JURISDICTION TO THE COUNTY OF ORANGE FOR THE STREETS LOCATED
WITHIN THE CYPRESS ACRES PHASE 3 PROJECT AREA FOR RIGHT-OF-WAY
ACQUISITION AND CONSTRUCTION PURPOSES.
Recommendation: That the City Council adopt the Resolution by title only, consenting
to an action by the County of Orange, pursuant to Streets & Highways Code §§ 1700, et
seq., to deem certain streets within an area of the City, commonly known as Cypress
Acres, Phase 3, a County highway for the limited purposes of right-of-way acquisition
and construction.
RESOLUTION NO. 5630
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF CYPRESS,
GRANTING THE COUNTY OF ORANGE TEMPORARY JURISDICTION
TO THE SPECIFIC STREETS FOR PURPOSES OF RIGHT-OF-WAY
ACQUISITION AND CONSTRUCTION OF PHASE 3 IMPROVEMENTS
FOR CYPRESS ACRES.
Item No. 6: APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR 2002-03 RESIDENTIAL STREET RESURFACING,
PHASE I, PUBLIC WORKS PROJECT NO. 2002-47.
Recommendation: That the City Council: 1) Approve the design specifications for
2002-03 Residential Street Resurfacing, Phase I; and 2) Authorize City staff to solicit
bids for this project.
Item No. 7: AWARD OF CONTRACT FOR THE SUPPLY AND INSTALLATION OF
PLAY EQUIPMENT AND PROTECTIVE SURFACING iN VARIOUS CITY PARKS,
PUBLIC WORKS PROJECT NO. 2002-36.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District: 1) Determine the lowest
responsible bidder for Public Works Project No. 2002-36 to be Hondo Company Inc.,
2121 s. Lyon Street, Santa Ana, California 92705; and 2) Award a contract for the
Supply and Installation of Play Equipment and Protective Surfacing in Various City
Parks in the amount of $270,457 to Hondo Company Inc.; and 3) Authorize $27,046
(10% of Bid Amount) as contingency to be used for unforeseen work or adjustment in
quantities.
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CITY COUNCIL MINUTES JANUARY 13, 2003
Item No. 8: ACCEPTANCE OF FINAL PARCEL MAP NO. 2001-216. PROPERTY
LOCATED AT 10900 WALKER STREET.
Recommendation: That the City Council approve Final Parcel Map No. 2001-216 and
authorize the City Clerk to sign the record map.
Item No. 9: DONATION OF SURPLUS BALLISTIC VESTS TO THE CRIMINAL
JUSTICE ACADEMY AT GOLDENWEST COLLEGE.
Recommendation: That the City Council authorize the donation of ten (10) units of
surplus ballistic vests to the Criminal Justice Academy at Goldenwest College to
replace their existing, outdated vests.
Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER, 2002.
Recommendation: Receive and file.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
57227 THROUGH 57574.
Recommendation: Approve the attached warrant register.
Regarding Item No. 10: ACCEPTANCE OF THE AUDIT LETTER, THE AUDITOR'S
LETTER OF RECOMMENDATIONS TO MANAGEMENT, AND STAFF'S RESPONSE
TO THE AUDITOR'S LETTER OF RECOMMENDATIONS TO MANAGEMENT FOR
THE FISCAL YEAR ENDED JUNE 30, 2002, Council Member Sondhi asked how staff
is planning to address the actual recommendations for change that are identified in the
report.
The Director of Finance and Administrative Services stated that as part of the audit
there are two recommendation levels: the Audit Report, with no comments at that level,
and the Auditor's Management Recommendations, which has five. As part of the
response to the City Manager, staff indicated what would be done for each one of those
items.
It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Keenan,
that the City Council receive and file the Audit Letter, the Auditor's Letter of
Recommendations to Management, and Staff's Response to the Auditor's Letter of
Recommendations to Management.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McGill, Piemy, Sondhi, Keenan and McCoy
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
Noitems.
NEW BUSINESS
Item No. 13: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2002-11,
A REQUEST TO CONSTRUCT AN EQUINE VETERINARY HOSPITAL LOCATED AT
8931 WATSON STREET IN THE PC PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
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CITY COUNCIL MINUTES
JANUARY 13, 20~35 ?
Mayor Pro Tern Keenan asked about emergency situations that may occur when the
hospital is closed since the proposed hours are from 8:00 a.m. to 6:00 p.m., and were
any allowances made for emergencies.
The Associate Planner stated that based on the restrictive hours of operation, they
would not be able to accommodate after-hour emergencies at this facility. One of the
reasons the hours of operation are restricted is due to the motels that are located on
Lincoln Avenue.
The applicant, Dr, Carlos Cervantes, stated all of the conditions were acceptable except
for the hours of operation. Most services are routine surgeries but emergencies do
occur, such as a horse breaking its leg in the middle of the night.
Council Member Keenan asked how this issue could be addressed so this owner would
have the same ability as the other hospital facility located in the business park.
The Associate Planner stated the condition could be amended to include a provision for
emergencies.
It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, to
continue this item to the January 27, 2003 City Council meeting.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RECREATION & PARK DISTRICT MATTERR: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
The City Council meeting was recessed at 7:50 p.m,
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Acting as the Cypress Redevelopment Agency.
The Cypress City Council,
The Redevelopment Agency was called to order at 7:50 p.m.
PRESENT:
Agency Board Members McGill, Piercy, Sondhi, Agency Vice
Chairperson Keenan, Chairperson McCoy
ABSENT: None
New Business:
Item No. 14: ADOPTION OF COMPREHENSIVE AFFORDABLE HOUSING
STRATEGY.
The Deputy Executive Director provided background information on this item.
Agency Board Member Sondhi asked what is the best project to do at this time given
the State's economic climate.
The Deputy Executive Director stated that when the strategy was started, it was more
cost-efficient to provide affordable rental housing but the City needs to remain multi-
faceted with both for sale and rental housing.
Council Member McGill asked about the concept of bringing in a non-profit organization
to acquire and rehabilitate a rental complex in the City.
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CITY COUNCIL MINUTES
JANUARY 13, 200~,~ 5 8
The Deputy Executive Director stated there are a number of non-profit affordable
housing developers that specialize in acquisition rehabilitation in partnership with the
City's Redevelopment Agency to provide affordable rental housing. There are a couple
of potential neighborhoods that have been identified for this concept.
It was moved by Agency Board Member Sondhi and seconded by Agency Vice Chair
Keenan, to adopt the Resolution by title only, approving the Comprehensive Affordable
Housing Strategy.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 AGENCY MEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
0 AGENCY MEMBERS: None
0 AGENCY MEMBERS: None
RESOLUTION NO. CRA-107
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY,
ADOPTING A COMPREHENSIVE AFFORDABLE HOUSING STRATEGY.
The Redevelopment Agency was adjourned at 8:08 p.m.
The City Council reconvened at 8:08 p.m.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Steve St. Clair, Cypress, spoke regarding Agenda Item No. 14.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McCoy requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Attended an O.C. Fire Authority meeting. Attended a luncheon with Council Member
Ron Bates and Council Member Fred Freeman from the City of Los Alamitos.
Council Member Piercy:
Attended an O.C. Sanitation District meeting. Will be attending an O.C. Library Board
meeting where funding cuts will be discussed.
Council Member Sondhi:
Attended an O.C. Regional Airport Authority meeting where development of a forum for
finding solutions to transportation issues was discussed.
Mayor Pro Tem Keenan:
Attended a special meeting of the West-Comm Board of Directors where one of the
lead dispatchers was promoted to head the agency. Attended an O.C. Transportation
Authority meeting where the pumhase of the 91 Freeway toll road was completed.
Attended an O.C. Transportation Authority Board meeting where a presentation was
made on Centerline and property values.
Mayor McCoy:
Attended the Americana Awards Kickoff meeting. Attended the Citizens Police
Academy graduation. Attended Supervisor Jim Silva's swearing in ceremony in Santa
Ana. Attended a D.A.R.E. graduation at Holder Elementary School.
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CITY COUNCIL MINUTES JANUARY 13, 2003
,359
ITEMS FROM CITY MANAGER:
The City Manager stated the 3rd Annual State of the City luncheon will be held on
Wednesday, January 29, 2003, at 11:30 a.m. at the Community Center. He stated that
a Mid-Year Budget Review Workshop session will be held on Monday, January 20,
2003, at 5:00 p.m.
ADJOURNMENT: Mayor McCoy adjourned the meeting at 8:37 p.m., in memory of
Steve Callison, Cypress resident and youth baseball coach, to Monday, January 20,
2003, beginning at 5:00 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF ~IESS
ATTEST:
C.~Y CLERK OF THE ~'Y OF CYPRESS