Minutes 2003-02-10,3?5
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 10, 2003
A regular meeting of the Cypress City Council was called to order at 6:03 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 Deputy 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 02CCl1786, 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.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Public Employee Appointment/Employment/Employee Performance
Evaluation, pursuant to Government Code Section 54957, Title: City Attorney.
The City Attorney reported that the City Council would also be meeting in Closed
Session regarding Liability Claims, pursuant to Government Code Section 54956.95,
Claimant: Nirmala Kanda, Agency Claimed Against: City of Cypress.
At 6:05 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 7:01 p.m. by
Mayor McCoy.
PRESENT: Council Members McGill, Piercy, Sondhi, Mayor Pro Tem Keenan, Mayor
McCoy
ABSENT: None
CITY COUNCIL MINUTES
FEBRUARY 10, 2004?6
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Public Works Director,
Recreation and Community Services Director, Police Captain, Assistant to the City
Manager, Assistant Community Development Director, and Deputy City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Cub Scout
Pack #660.
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 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.
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 a status report was provided on ongoing settlement negotiations.
The City Attorney reported that the Closed Session regarding Cypress Redevelopment
Agency and City of Cypress v. Scott Aanonson, Citizens for Property Rights, et al., Case
Number 02CCl 1786, Orange County Superior Court - Central Justice Center was not
held.
The City Attorney reported that the Redevelopment Agency met 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 staff provided a status report on the ongoing negotiations
between the City of Cypress and Cottonwood Christian Center.
The City Attorney reported that the City Council met regarding Liability Claims, pursuant
to Government Code Section 54955.95, Claimant: Nirmala Kanda, Agency Claimed
Against: City of Cypress. The City Attorney stated the City Council reviewed and
unanimously authorized the settlement amount submitted by the City's third party
administrator.
The City Attorney reported that the City Council met regarding Public Employee
Appointment/Employment/Employee Performance Evaluation, pursuant to Government
Code Section 54957, Title: City Attorney. The City Attorney stated that he announced to
the City Council that he, along with nine other lawyers in the law firm of Burke, Williams,
and Sorensen, have resigned to form a new law firm called Aleshire & Wynder. The
new law firm will open for business on February 18, 2003. The continued legal services
was solicited to the City and its related political subdivisions, and the City Council
unanimously authorized the sending of a letter to Burke, Williams, and Sorensen
directing the release of all City files and City entity files to the new law firm of Aleshire &
Wynder. A formal contract approving engagement of the law firm of Aleshire & Wynder
will be placed on the next available agenda.
Council Member/Agency Member Sondhi did not participate in the Closed Session items
regarding Cottonwood Christian Center and the Los Alamitos Race Track and was not
CITY COUNCIL MINUTES FEBRUARY 10, 200~
present in the Council Chambers due to her ownership of property in the project area, as
per Government Code Section 87105.
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.
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 A SIX MONTH REVIEW OF
CONDITIONAL USE PERMIT NO. 2001-07, INVOLVING AN EXISTING COMPUTER
INTERNET BUSINESS LOCATED AT 9949 WALKER STREET IN THE CG
COMMERCIAL GENERAL ZONE.
The Assistant Community Development Director provided background information on
this item.
Jennifer Lee, representing the applicant, submitted a letter and photographs to the City
Council requesting an extension of business hours.
The public hearing was opened.
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.
Council Member McGill asked about the lighting in the establishment.
The Assistant Community Development Director stated the owners have complied with
the lighting conditions. He also stated that staff could meet with the applicant regarding
the requests submitted this evening.
It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Keenan, to
receive and file this report for review of Conditional Use Permit No. 2001-07.
The motion was carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCIL MEMBERS: McGill, Sondhi, Keenan and McCoy
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Piercy
Council Member Piemy did not participate in the discussion and was not present in the
Council Chambers due to her ownership of property in the project area, as per
Government Code Section 87105.
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.
3
CITY COUNCIL MINUTES FEBRUARY 10, 200~ 7 ~
It was moved by Council Member McGill and seconded by Mayor Pro Tern Keenan, to
approve Consent Calendar Items No. 2 through 9.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Item No. 2:
McGill, Piercy, Sondhi, Keenan and McCoy
None
None
APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
JANUARY 18 AND JANUARY 20, 2003.
Recommendation: That the City Council approve the Minutes of the Meetings of
January 18 and January 20, 2003, 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: FIVE-YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 97-10
REGARDING THE EXISTING TELECOMMUNICATIONS ANTENNA FACILITY
LOCATED AT 6555 KATELLA AVENUE.
Recommendation: That the City Council receive and file this report.
Item No. 5: ACCEPTANCE OF DENNI STREET REHABILITATION, PUBLIC WORKS
PROJECT NO. 2001-14, AND VALLEY VIEW STREET REHABILITATION, PUBLIC
WORKS PROJECT NO. 2001-15.
Recommendation: That the City Council: 1) Accept the Denni Street Rehabilitation,
Public Works Project No. 2001-14, and Valley View Street Rehabilitation, Public Works
Project No. 2001-15, as being satisfactorily completed in substantial conformance with
the project specifications in the final amount of $628,093.25; and 2) Approve the final
retention payment of $62,809.33 to All American Asphalt, P.O. Box 2229, Corona,
California 92878-2229; 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, upon concurrence of the Director of
Public Works.
Item No. 6: ACCEPTANCE OF FINAL TRACT MAP NO. 16329. PROPERTY
LOCATED AT THE NORTHWEST CORNER OF ORANGE AVENUE AND WALKER
STREET.
Recommendation: That the City Council approve Final Tract Map No.
authorize the City Clerk to sign the record map.
Item No. 7: ACCEPTANCE OF
16329 and
REFUND FROM STATE OF CALIFORNIA FOR
PRISONER EXTRADITION.
Recommendation: That the City Council: 1) Accept the refund in the amount of
$7,211.86 from the State of California for reimbursement for extradition services and
increase estimated revenues in the General Fund (3711-11 ); and 2) Appropriate $5,300
from the unreserved fund balance of the General Fund (3711-11 ) to account 4113-11-
180-05; and 3) Appropriate $1,911 from the unreserved fund balance of the General
Fund (3711-11) to account 4104-11-167-05.
Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
57873 THROUGH 58139.
Recommendation: Approve the attached warrant register.
4
CITY COUNCIL MINUTES FEBRUARY 10, 2003 79
RECREATION & PARK DISTRICT MA TTERS:
Item No. 9: ADOPTION OF RESOLUTION APPROVING THE SAN GABRIEL AND
LOS ANGELES RIVERS WATERSHED AND OPEN SPACE PLAN.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, adopt the Resolution by title
only, approving the San Gabriel and Los Angeles Rivers Watershed and Open Space
Plan, "Common Ground: from the Mountains to the Sea."
RESOLUTION NO. 5635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE SAN GABRIEL AND LOS ANGELES RIVERS
WATERSHED AND OPEN SPACE PLAN.
END OF CONSENT CALENDAR
ORDINANCES: (SECOND READING)
Item No. 10: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2003-
01, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE TO MODIFY
PROVISIONS FOR ON-SITE PARKING STANDARDS FOR DETACHED
CONDOMINIUM UNITS.
It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, to
adopt the Ordinance by title only, amending Section 25, Division 1, Appendix "A" of the
Cypress Zoning Ordinance (Off Street Parking and Loading), amending Table 25.7(A)
thereby defining parking space requirements in residential zones.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McGilI, Piercy, Sondhi, Keenan and McCoy
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
ORDINANCE NO. 1037
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 25, DIVISION 1, APPENDIX "A" OF
THE CYPRESS ZONING ORDINANCE (OFF STREET PARKING AND
LOADING), AMENDING TABLE 25.7(A) THEREBY DEFINING PARKING
SPACE REQUIREMENTS IN RESIDENTIAL ZONES.
Item No. 11: SECOND READING OF ZONING ORDINANCE AMENDMENT NO. 2003-
02, A PROPOSAL TO AMEND THE CYPRESS ZONING ORDINANCE TO MODIFY
PROVISIONS FOR THE PROCESSING REQUIREMENTS FOR SECONDHAND
DEALERS.
It was moved by Council Member Sondhi and seconded by Council Member Piercy, to
adopt the Ordinance by title only, amending Section 15-61 of the Cypress City Code
regarding the approval of special permits for secondhand dealers.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNClLMEMBERS:
McGill, Piercy, Sondhi, Keenan and McCoy
None
None
5
CITY COUNCIL MINUTES FEBRUARY 10, 200338
ORDINANCE NO. 1038
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 15-61 OF THE CYPRESS CITY
CODE REGARDING THE APPROVAL OF SPECIAL PERMITS FOR
SECONDHAND DEALERS.
UNFINISHED BUSINESS
No items.
NEW BUSINESS
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: ForMatters Not on the Agenda.
Allen Crowder, Cypress, spoke regarding 911 calls.
Police Captain Hicks and Fire Battalion Chief O'Neal explained how the Police
Department and Fire Authority respond to 911 calls.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McCoy requested reports from the Council Members on their respective
committee assignments.
Council Member McGill asked Captain Hicks to explain why schools in a specific area
of the City were locked down after a burglary on February 3, 2003.
Captain Hicks stated that the Police Department thought two suspects that fled the
scene might be armed. There are two elementary schools, Vessels and Morris, and
Cypress High School in the vicinity and the time to search the area progressed toward
when schools would be letting out. In an effort to protect students, teachers, and
parents, the Police Department contacted the school district and put into effect the
School Crisis Alert Team (SCAT). When this occurs, the teachers and students are
kept in their classrooms until such time that the situation is safe. Students were
released at approximately 3:45 p.m. that day.
Council Member McGill:
Attended a Catholic Schools Week event at St. Irenaeus.
Council Member Piercy:
Attended an O.C. Sanitation District Meeting where internal issues were discussed.
Mayor Pro Tem Keenan:
Attended an Advisory Committee meeting of Orange and Riverside County to advise
the O.C. Transportation Authority on the 91 Toll Road and the Three Ride Free
Program. Went to Sacramento for OCTA to lobby for traffic congestion funding.
6
CITY COUNCIL MINUTES
FEBRUARY 10, 2003~8 ].
Attended a freeway dedication ceremony in memory of KFI reporter Mark Dennis. Was
Master of Ceremonies for the Women's Club annual fundraising tea. Attended an O.C.
Transportation Authority Board meeting where a mid-year budget adjustment for the toll
road and an increase in bus services expenses was approved.
Mayor McCoy:
Attended the ribbon cutting with all Council Members for the Police Department firing
range. Attended the State of the City luncheon with all Council Members. Mayor McCoy
thanked staff for the wonder[ul job done, especially June Liu, who plays an integral part
in putting the entire event together. Was a guest on "Your Public Officials" on AT&T
cable program. Attended the Fieldstone Open House with all Council Members for the
new homes being built next to City Hall. Attended a county-wide budget conference to
discuss the budget crisis facing the state. Attended a Red Ribbon dinner hosted by the
Kiwanis Club.
Other Items
Discussion of Proposed Southern California Water Company Water Rate
Increase (Requested by Mayor McCoy)
Mayor McCoy stated he would like the City to send a letter to the Public Utilities
Commission opposing the proposed approximate 47% rate increase by Southern
California Water over the next three years.
It was the consensus of the City Council to send a letter to the Public Utilities
Commission opposing the proposed rate increase.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor McCoy adjourned the meeting at 7:57 p.m., in honor and
memory of those lost on the Space Shuttle Columbia on February 1, 2003, to Monday,
February 24, 2003, beginning at 5:00 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF C'¢:P:RESS
ATTEST:
~.,,~ITY CLERK OF TI~ CITY OF
CYPRESS