Minutes 2003-03-24MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 24, 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 02CCl1786, Orange County Superior Court - Central
Justice Center.
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 241-091-27, 241-
091-28, 241-091-29, 241-091-30, 241-091-33, and 241-091-34; Consisting of
approximately 18 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 7:08 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, Police Captain, Public
Works Director, Recreation and Community Services Director, Assistant to the City
Manager, Assistant Community Development Director, Associate Planner, Housing
Coordinator, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tern
Keenan.
INVOCATION.'. The invocation was given by Council Member McGill.
cn-¥ couNc. M,Nu Es M^RC, 24, 200 06
PRESENTATIONS:
Mayor McCoy and Mayor Pro Tem Keenan presented a "National Public Safety
Dispatcher Week" proclamation to Lisa Barr, Dispatch Administrator, and staff of the
West Cities Police Communications Center.
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 City 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 this item relates to an effort to referend the Resolution of Necessity,
which was the condition precedent to the Agency filing its eminent domain action to
acquire the Walker/Katella retail property. Given the fact that the Agency and
Cottonwood have entered into a voluntary purchase and sale agreement and
settlement agreement that will eventually result in the dismissal of all litigation by and
between them, staff solicited the approval of the Agency to enter into a settlement
agreement with Scott Aanonson and Citizens for Property Rights, which would entail a
mutual dismissal without prejudice of both actions. Both sides would bear their own
costs and attorneys fees with each side reserving its rights in the event the
Cottonwood/Cypress transaction did not successfully close to re-institute litigation. The
parties would also agree to take no action through December 1, 2003 to either
prosecute or defend these dismissal actions. The Redevelopment Agency and City
Council unanimously authorized and approved this agreement in concept subject to the
parties working definitive terms and conditions in a written settlement agreement for
formal action by the Agency and Council.
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 241-091-27, 241-091-28,
241-091-29, 241-091-30, 241-091-33, and 241-091-34; Consisting of approximately 18
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 a discussion was held regarding
ongoing negotiations about portions of the 18-acre site. Staff discussed with the Agency
its options and the Agency gave further negotiating authority to staff to proceed forward.
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.
Kimmy, Vicki, and Roger Griffin, Cypress, spoke in opposition to wood chips in park
playground areas.
Mary Griffin, Cypress, spoke in opposition to wood chips in park playground areas.
Mary Crowder, Cypress, spoke in ol~position to wood chips in park playground areas.
Joan Edwards, Cypress, Family of the Year Committee, encouraged families in Cypress
to establish a special time once a week for quality family time.
CITY COUNCIL MINUTES
Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to attend
"Mendelssohn's Elijah" performance on Saturday, April 5, 2003 at 7:30 p.m. and
Sunday, April 6, 2003 at 3:00 p.m. at the Cypress College Theater.
Louis Feliciano, Cypress, spoke in opposition to wood chips in park playground areas.
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.
2003-03 AND TENTATIVE TRACT MAP NO. 16493, A REQUEST TO CONSTRUCT
THIRTEEN (13) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5231
LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Mayor Pro Tem Keenan asked about the affordable housing units in the project.
The Community Development Director stated that the project is in the Lincoln Avenue
Redevelopment Project Area, which is one of the City's three redevelopment zones.
State law requires that any time housing units are constructed within the boundaries of
the redevelopment project area, that at least 15% of the units in each project must be
available at affordable rates. Affordable is defined by H.U.D. and implemented through
the County of Orange. The three categories are very Iow, Iow, and moderate income
families. With this project, two units must be designated affordable and the developer,
in partnership with the Agency, has agreed to make three additional units affordable.
The public hearing was opened.
The applicant, Ed Bonanni, Bonanni Properties/D.S. Properties, stated the project
would remove four buildings to build the thirteen units. He thanked staff for their hard
work and guidance on the project. He stated he has received calls already from
prospective applicants to purchase the affordable units.
Mayor McCoy asked if there was anyone who wished to speak in favor of the item.
Mike Gormley, Seal Beach, spoke in favor of the project.
Richard Anderson (property owner), Cypress, spoke in favor of the project.
Mayor McCoy asked if there was anyone who wished to speak against the item.
Richard Anderson, Jr., Cypress, spoke in opposition to the project.
The public hearing was closed.
Mayor Pro Tem Keenan asked if there was an easement for parking.
The Community Development Director stated the developer would probably be willing to
discuss the parking issue with the commemial development that is located next to the
project.
Council Member Sondhi asked about the purpose of the clear lexan panels on the patio
walls.
The Associate Planner stated the purpose is to break up the appearance of the wall
and provide a more open feeling for the residents of those units, and to act as a sound
barrier. He stated the bottom three feet of the wall would be stucco and the top three
feet would be lexan.
Council Member McGill asked that the patio walls be entirely stucco without the lexan
panels.
3
CITY COUNCIL MINUTES MARCH 24, 200~ 0 8
Mayor McCoy asked about the curb and planter near the project and if preventive
measures will be installed by the developer to deter skateboard access.
The Public Works Director stated that if the skateboard issue presents itself like it has
in some of the other areas along Lincoln Avenue, staff will look at placing devices on
public property that discourage this activity. If the property is private, the developer will
be required to install devices as part of the approval of the plans.
It was moved by Council Member McGill and seconded by Mayor Pro Tem Keenan, to
adopt the Resolutions by title only, approving Conditional Use Permit No. 2003-03 -
With Conditions and approving Tentative Tract Map No. 16493 - With Conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: McGiII, Piercy, Sondhi, Keenan and McCoy
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5640
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2003-03 -
WITH CONDITIONS.
RESOLUTION NO. 5641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 16493 -
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.
Mayor Pro Tem Keenan requested Item No. 11 be pulled from the Consent Calendar.
Council Member Sondhi requested Item No. 7 be pulled from the Consent Calendar.
It was moved by Council Member Piercy and seconded by Mayor Pro Tem Keenan, to
approve Consent Calendar Items No. 2 through 6, 8 through 10, 12, and 13.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
McGill, Piercy, Sondhi, Keenan and McCoy
None
None
Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
MARCH 10, 2003.
Recommendation: That the City Council approve the Minutes of the Meeting of March
10, 2003, as submitted, with Mayor Pro Tern Keenan abstaining on the Minutes 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
WAIVE FURTHER READING.
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CITY COUNCIL MINUTES MARCH 24, 20~30 9
Item No. 4: PROCLAIMING APRIL 13-19, 2003, AS "NATIONAL PUBLIC SAFETY
DISPATCHER WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim April 13-19,
2003, as "National Public Safety Dispatcher Week" in the City of Cypress.
Item No. 5: ADOPTION OF RESOLUTION FOR APPROVAL OF SIX-MONTH
EXTENSION OF CONDITIONAL USE PERMIT NO. 2001-22, ALLOWING THF
CONS/HUCTION OF A SlX-UNIT RESIDENTIAL CONDOMINIUM PROJECT
LOCATED AT 8812 LA SALLE STREET IN THE RM-20 RESIDENTIAL MULTIPLE-
FAMILY ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving a
six month extension of Conditional Use Permit No. 2001-22 - With Conditions.
RESOLUTION NO. 5642
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A SIX MONTH EXTENSION OF CONDITIONAL
USE PERMIT NO. 2001-22 - WITH CONDITIONS.
Item No. 6: ADOPTION OF AMENDMENT NO. 6 TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT.
Recommendation: That the City Council approve Amendment No. 6 to Cooperative
Agreement No. C-95-970 with the Orange County Transportation Authority and
authorize the Mayor to execute said agreement.
Item No. 8: ADOPTION OF SIDE LETTER AGENCY SHOP AGREEMENT TO THF
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND
THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION.
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the Side Letter Agency
Shop Agreement to the Memorandum of Understanding between the City of Cypress
and the Cypress Maintenance Employees' Association.
Item No. 9: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE FOR BIDS FOR THE PAVEMENT REHABILITATION OF KATELLA
AVENUE AND WALKER STREET, PUBLIC WORKS PROJECT NOS. 2002-28 AND
2002-29.
Recommendation: That the City Council: 1) Approve the plans and specifications for
the Pavement Rehabilitation of Katella Avenue from Holder Street to Knott Street and
Walker Street from Crescent Avenue to Lincoln Avenue, Public Works Project Nos.
2002-28 and 2002-29; and 2) Authorize City staff to solicit bids for this project.
Item No. 10: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR REHABILITATION OF CERRITOS
AVENUE, PUBLIC WORKS PROJECT NO. 2003-06.
Recommendation: That the City Council: 1) Approve the plans and specifications for
Rehabilitation of Cerritos Avenue from Valley View Street to Knott Street, Public Works
Project No. 2003-06; and 2) Authorize staff to advertise the project for bid.
Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
FEBRUARY, 2003.
Recommendation: Receive and file.
CITY COUNCIL MINUTES MARCH 24, 2,~0~. 0
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
58347 THROUGH 58586.
Recommendation: Approve the attached warrant register.
Reqardinq Item No. 7: APPROVAL OF AGREEMENT
DEVELOPER CASH DEPOSITS
TO TRANSFER
FROM COUNTY OF ORANGE TO CITY OF
CYPRESS, Council Member Sondhi asked for clarification on the annexation area.
The Community Development Director stated that Annexation Area 88-1 is the Cypress
Acres area.
Council Member Sondhi asked if the funds could be used for street improvements
anywhere within Cypress Acres.
The Public Works Director stated that was correct and that a few projects are
underway.
It was moved by Council Member Sondhi and seconded by Mayor Pro Tern Keenan,
that the City Council approve the Agreement to transfer five developer cash deposits, in
the amount of $27,081.50, from the County of Orange to the City of Cypress, and
authorize the Mayor to sign the agreement.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
McGill, Piercy, Sondhi, Keenan and McCoy
None
None
Re.qardin.q Item No. 11: ACCEPTANCE OF BALL ROAD PARKWAY
IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2001-24, Mayor Pro Tem Keenan
asked about landscaping the area owned by the County of Orange at the flood control
channel near Valley View.
The Public Works Director stated it was not done as part of this project because of time
issues and approvals with the County, but there is every expectation of completing the
landscaping as a City project.
Mayor McCoy asked about the choice of tree that was planted as part of the project.
The Public Works Director stated that a 15 gallon tree was planted because the area is
smaller. The smaller trees grow better and are also less expensive.
It was moved by Mayor Pro Tern Keenan and seconded by Council Member Sondhi,
that the City Council: 1) Accept the Ball Road Parkway Improvements, Public Works
Project No. 2001-24, as being satisfactorily completed in substantial conformance with
the project specifications in the final amount of $285,681.25; and 2) Approve the final
retention payment of $14,284.07 to GMC Engineering, Inc., 1401 Warner Avenue, Suite
B, Tustin, California 92780; 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.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McGill, Piercy, Sondhi, Keenan and McCoy
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
CITY COUNCIL MINUTES MARCH 24,
UNFINISHED BUSINESS
No items.
NEW BUSINESS
No items.
RECREATION & PARK DISTRICT MATTERS:
The Cypress City Council, Acting as
the Ex Officio Goveming Board of Directors.
No items.
The City Council meeting was recessed at 8:33 p.m.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
The Redevelopment Agency was called to order at 8:33 p.m.
PRESENT: Agency Board Members McGill, Piercy, Sondhi,
Chairperson Keenan, Agency Chairperson McCoy
ABSENT: None
New Business:
Item No. 14: ADOPTION OF RESOLUTION APPROVING AN
Agency Vice
INCLUSIONARY
HOUSING POLICY.
The Housing Coordinator provided background information on this item.
It was moved by Agency Vice Chair Keenan and seconded by Agency Board Member
Piercy, that the Cypress Redevelopment Agency adopt the Resolution by title only,
approving an Inclusionary Housing Policy.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: McGilI, Piercy, Sondhi, Keenan and McCoy
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
RESOLUTION NO. CRA-109
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY,
APPROVING AN INCLUSIONARY HOUSING POLICY.
The Redevelopment Agency was adjourned at 8:41 p.m.
The City Council reconvened at 8:41 p.m.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mary Crowder, Cypress, spoke in opposition to wood chips in park playground areas.
Council Member McGill commented regarding the placement of manufactured wood
chips specifically engineered for playground areas.
7
CITY COUNCIL MINUTES MARCH 24, 2003 ~ ~1, 2
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McCoy requested reports from the Council Members on their respective
committee assignments.
Council Member Piercy:
Attended a fundraising event for Hotline. Attended the Arbor Day Celebration and
ribbon cutting ceremony at the Cypress College tennis courts. She reminded everyone
that the Lexington Junior High School Open House is March 27, 2003.
Council Member Sondhi:
Attended the Orange County Regional Airport Authority meeting where the Orange
County Transportation Authority made a presentation on the 91 Freeway
improvements. Attended a Housing and Community Development Project Advisory
Committee meeting where additional projects were reviewed. Attended the Arbor Day
Celebration and ribbon cutting ceremony at the Cypress College tennis courts. Will be
attending the State Housing Policy Committee meeting in Sacramento.
Mayor Pro Tem Keenan:
Traveled to Washington, D.C., on behalf of the Orange County Transportation
Authority, for a conference and meeting with legislators on behalf of transportation
projects for all of Orange County. Traveled to Sacramento, on behalf of the Orange
County Transportation Authority, to discuss funding for transportation. Attended an O.C.
Transportation Authority Board meeting where an approval was made to segment the
improvements on the 22 Freeway.
Council Member McGilh
Attended the Korean American Coalition dinner in Garden Grove.
Mayor McCoy:
Attended the Arbor Day Celebration and ribbon cutting ceremony at the Cypress
College tennis courts. Attended a meeting, along with Mayor Pro Tern Keenan, with
Assemblyman Harman regarding various issues that could affect Cypress. He stated
that the annual recruitment period to apply for consideration of Council appointment to
any City commission begins April 1 through April 30, 2003.
Other Items
Discussion Regarding League of California Cities/Orange County Division City
Legislative Contact (Requested by Mayor Pro Tem Keenan)
Mayor Pro Tem Keenan stated that the City has received a request from the Chair of
the Advocacy Committee of the California League of Cities for a contact person they
could share their issues and questions with. He suggested appointing the Mayor as the
contact person.
It was the consensus of the City Council that Mayor McCoy would be the contact
person for the League of California Cities Advocacy Committee.
Discussion Regarding Orange County Regional Airport Authority Funding
Request (Requested by Council Member Sondhi)
Council Member Sondhi stated that the Orange County Regional Airport Authority
would need to know by May 1, 2003, if the City of Cypress would be contributing any
funding to the organization. She stated the current contribution guidelines are that
member cities should contribute $1,000 per month for large cities or $500 a month for
8
CITY COUNCIL MINUTES MARCH 24, 20~3
smaller cities. There are 14 member cities currently and six cities have contributed
funding in fiscal year 2002-2003, including the City of Cypress.
She stated that OCRAA's work plan involves protecting the John Wayne Airport
corridor, protecting the Long Beach, Los Alamitos, and Seal Beach corridors because
they are also in fully developed areas, and to research realistically achievable
transportation alternatives to meet projected air transportation demand. She stated
OCRAA has minimal staff to implement a work plan and work out of donated facilities
from the City of Garden Grove.
Council Member McGill stated that he feels there is some overlap of functionality with
other organizations but supports continued membership in OCRAA in a phased
manner.
Council Member Piercy stated she also supports continuing membership in OCRAA
and would like to see the other member cities supporting the organization as well as
Cypress.
Mayor Pro Tem Keenan stated that he feels there is an overlap between the Orange
County Regional Airport Authority, Southern California Association of Governments,
and Orange County Council of Governments, but will support the City's membership.
It was the consensus of the City Council to address membership funding for OCRAA
during the budget process.
ITEMS FROM CITY MANAGER:
The City Manager discussed sand versus wood chips in park playground areas. He
stated further discussion will be held after he has an opportunity to discuss the issue
with staff and legal counsel.
ADJOURNMENT: Mayor McCoy adjourned the meeting at 9:27 p.m. to Monday, April
14, 2003, beginning at 5:00 p.m. in the Executive Board Room.
MAYOR OF THE CITY OFdG~PRESS
ATTEST:
~__~/I-Y CLERk oF TI~ CITY OF CYPRESS