Minutes 2003-05-27440
MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 27,2003
A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor
McCoy in the Executive Board Room, 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, 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 City Clerk.
The Assistant Community Development Director stated that authorization from the City
Council is being sought to distribute a Request for Proposal and work plan for the
update of the Zoning Ordinance. He stated the code is deficient is certain areas, is
difficult to navigate, and is not user-friendly.
The Assistant Community Development Director stated that initially staff had decided to
prepare the update but the work is very labor intensive and requires graphic capabilities
that are not available in house. In contacting other cities and private companies that
perform this work, it was determined the cost would be approximately $80,000 to
$90,000.
Council Member Sondhi asked if the proposals could be received back by June 17,
2003.
The Assistant Community Development Director stated the RFP is ready to be
distributed and that results from the proposals would be presented to the City Council
on July 14, 2003. He stated there will be several workshops that will allow the City
Council to review the updated document.
The City Manager stated the cost of the update is included in the budget.
It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, to
authorize the distribution of the Request for Proposal for the creation of the 2004
Cypress Zoning Code.
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
The City Attorney reported that the City Council would be meeting in a joint Closed
Session with the Redevelopment Agency 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.
CITY COUNCIL MINUTES MAY 27, 2003
At 6:00 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, Chief of Police, Public
Works Director, Recreation and Community Services Director, Police Captain, Assistant
to the City Manager, Assistant Community Development Director, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Buena Park Boy
Scout Troop #1506.
INVOCATION: The invocation was given by Council Member McGill.
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 staff presented an overview of the necessity to provide
an update to the City's Zoning Ordinance. He stated that cities throughout California are
required to have General Plans and Zoning Ordinances, and the ordinances, by law,
are required to be consistent with the General Plan. Based upon the presentation, the
City Council gave staff direction to explore the feasibility of seeking proposals for an
outside consultant to assist with this effort.
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 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 on the ongoing terms and conditions, and price of payment for properties
within the identified parcel areas. The Executive Director and Deputy Executive Director
gave a brief status report and requested further authority to continue to negotiate and
were unanimously directed to do so by the Redevelopment Agency.
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.
Warren Wallis, Cypress, spoke regarding concerns about the Cypress trees on Denni
Street at Cerritos Avenue.
CITY COUNCIL MINUTES
MAY 27, 2003 ~ ~ 2
Linda Casper, Cypress, thanked the Council for proclaiming and recognizing the month
of May, 2003, as "Power of Prayer" month. She invited the Council and public to attend
an interfaith community event on Saturday, May 31,2003, from 10:00 a.m. to 4:00 p.m.
at the El Dorado Park Amphitheater in Long Beach.
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.
2002-13, A REQUEST TO CO-LOCATE A SECOND TELECOMMUNICATIONS
ANTENNA FACILITY AT AN EXISTING MONOPINE-TYPE FACILITY LOCATED AT
4129~ BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE.
The Assistant Community Development Director provided background information on
this item.
The public hearing was opened.
The applicant, Ryan Hammersmith, Somera Communications, stated he had read and
agreed with the conditions of approval.
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 Piercy and seconded by Council Member Sondhi, to
adopt the Resolution by title only, approving Conditional Use Permit No. 2002-13 - With
Conditions.
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
RESOLUTION NO. 5656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2002-13-
WITH CONDITIONS.
Item No. 2: PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO.
2003-04, A PROPOSAL TO AMEND THE CYPRESS ZONING CODE SECTION 29.1,3
REGARDING SIGN CONSTRUCTION AND MAINTENANCE.
The Assistant Community Development Director provided background information on
this item.
Mayor Pro Tem Keenan asked about the method that would be for existing non-
conforming uses.
The Assistant Community Development Director stated there is one sign that is
potentially non-conforming and it would have to be determined if the sign has a permit.
If the sign does have a permit, then it would be allowed to stay in place.
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.
3
CITY COUNCIL MINUTES MAY 27, 20~4 '~
The public hearing was closed.
It was moved by Council Member McGill and seconded by Mayor Pro Tern Keenan, to
introduce for first reading by title only, an Ordinance amending Section 29, Division 1,
Appendix "A" of the Cypress Zoning Ordinance (Signs), Adding Subparagraph 29.13.G
Regarding Sign Construction and Maintenance.
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
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 29, DIVISION 1, APPENDIX "A"
OF THE CYPRESS ZONING ORDINANCE (SIGNS), ADDING
SUBPARAGRAPH 29.13.G REGARDING SIGN CONSTRUCTION
AND MAINTENANCE.
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 Tern Keenan requested Item No. 5 be pulled from the Consent Calendar.
It was moved by Council Member McGill and seconded by Council Member Piercy, to
approve Consent Calendar Items No. 3, 4, and 6 through 17.
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
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY
12, 2003.
Recommendation: That the City Council approve the Minutes of the Meeting of May
12, 2003, as submitted.
Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND
WAIVE FURTHER READING.
Item No. 6: ADOPTION OF RESOLUTION ESTABLISHING THE CITY OF CYPRESS
2003-04 APPROPRIATION LIMIT.
Recommendation: That the City Council adopt the Resolution by title only, establishing
the City's 2003-04 appropriation limit.
RESOLUTION NO. 5657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR
THE 2003-04 FISCAL YEAR.
CITY COUNCIL MINUTES MAY 27, 2003,~
Item No. 7: APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT FOR PREPARATION OF CITY'S SEWER MASTER PLAN, PUBLIC
WORKS PROJECT NO. 2000-06.
Recommendation: That the City Council: 1) Approve Amendment No. 1, in the amount
of $65,640, to Contract Services Agreement with AKM Consulting Engineers, 101
Pacifica, Suite 150, Irvine, California 92618, for preparation of Sewer Master Plan,
Public Works Project No. 2000-06; and 2) Authorize the City Manager to execute
Amendment No. 1 to the Contract Services Agreement with AKM Consulting
Engineers.
Item No. 8: REQUEST FOR APPROVAL OF THE PURCHASE OF PATROL RIFLES
AND OTHER EQUIPMENT RELATED TO THE PATROL RIFLE PROGRAM, AND
APPROPRIATION OF FUNDS FOR IMPLEMENTATION OF SAID PROGRAM.
Recommendation: That the City Council: 1) Authorize the purchase of ten (10) military-
type, semi-automatic rifles to be assigned to patrol vehicles; and 2) Authorize the
purchase of ten (10) electronically activated, rifle racks to secure the rifles in each
vehicle; and 3) Authorize the purchase of supplemental sighting systems and other
related equipment; and 4) Approve the appropriation of $22,282 from the General Fund
balance (reserved for the California Law Enforcement Equipment Program (C.L.E.E.P.)
to account number 4113-11-184-05 for the purchase of patrol rifles and other related
equipment required to implement the program.
Item No. 9: APPROVAL TO PURCHASE TWO REPLACEMENT VIDEO
REFERENCE MONITORS.
Recommendation: That the City Council: 1) Approve the emergency purchase of two
replacement reference monitors to VMI, Inc., 10525 Humbolt Street, Los Alamitos, CA
90720, in the amount of $2,538.59; and 2) Appropriate $2,538.59 to account number
4302-90-656-35 from the unencumbered fund balance of the Capital Equipment
Replacement Fund (90) for this purchase.
Item No. 10: AWARD OF CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL
EQUIPMENT, PUBLIC WORKS PROJECT NO. 2002-42.
Recommendation: That the City Council award a contract in the amount of $29,489.67
to McCain Traffic Supply, 2576 Pioneer Avenue, Vista, California 92083, for the
purchase of traffic signal equipment.
Item No. 11: AWARD OF CONTRACT FOR REHABILITATION OF DENNI STREET
BETWEEN CERRITOS AVENUE AND CARBON CREEK CHANNEL, AND MOODY
STREET BETWEEN CERRITOS AVENUE AND BALL ROAD, PUBLIC WORKR
PROJECT NO. 2003-07.
Recommendation: That the City Council: 1) Determine the lowest responsible bidder
for Public Works Project No. 2003-07 to be Alliance Streetworks, Inc.; and 2) Award a
contract for Rehabilitation of Denni Street between Cerritos Avenue and Carbon Creek
Channel and Moody Street between Cerritos Avenue and Ball Road, Public Works
Project No. 2003-07, in the amount of $227,957.32, to Alliance Streetworks, Inc., 3873
E. Eagle Drive, Anaheim, California 92807; and 3) Authorize $22,795.73 (10% of Bid
Amount) as contingency to be used for unforeseen work or adjustment in quantities.
Item No. 12: ACCEPTANCE OF THE 2002-03 RESIDENTIAL STREET
RESURFACING, PHASE I, PUBLIC WORKS PROJECT NO. 2002-47.
Recommendation: That the City Council: 1) Accept the 2002-03 Residential Street
Resurfacing, Phase I, Public Works Project No. 2002-47, as being completed in
substantial conformance with the project specifications; and 2) Approve the final
retention payment of $29,764 to Ruiz Engineering Company, 1344 Temple Avenue,
Long Beach, California 90804; and 3) Authorize the City Clerk to release the Labor and
Materials Bond and the Faithful Performance Bond upon expiration of the required lien
5
CITY COUNCIL MINUTES MAY 27, 20~Q~34
5
period, if no claims or objections have been filed, upon concurrence of the Director of
Public Works.
Item No. 13: ACCEPTANCE OF FINAL TRACT MAP NO. 16280. PROPERTY
LOCATED AT THE NORTHWEST CORNER OF ORANGE AVENUE AND GRINDLAY
STREET.
Recommendation: That the City Council approve Final Tract Map No. 16280 and
authorize the City Clerk to sign the record map.
Item No. 14: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL,
2003.
Recommendation: Receive and file.
Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
59209 THROUGH 59412.
Recommendation: Approve the attached warrant register.
RECREATION & PA RK DIS TRICT MA TTERS:
Item No. 16: ACCEPTANCE OF 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 of the Cypress Recreation and Park District: 1) Accept the Supply and
Installation of Play Equipment and Protective Surfacing in Various City Parks, Public
Works Project No. 2002-36, as being completed in substantial conformance with the
project specifications; and 2) Approve the final retention payment of $28,056.50 to
Hondo Company, 2121 S. Lyon Street, Santa Ana, California 92705; 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. 17: ADOPTION OF RESOLUTION ESTABLISHING THE CYPRESS
RECREATION AND PARK DISTRICT'S 2003-04 APPROPRIATION LIMIT.
Recommendation: That the City Council, acting as the ex-officio Governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
establishing the District's 2003-04 appropriation limit.
RESOLUTION NO. 5658
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF
THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION
AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE
2003-04 FISCAL YEAR.
Regarding Item No. 5: PROCLAIMING "PACIFICARE'S 25TM ANNIVERSARY
CELEBRATION" ON JUNE 16, 2003 IN THE CITY OF CYPRESS, Mayor Pro Tern
Keenan stated that PacifiCare provides many jobs and has been a tremendous asset to
the City.
It was moved by Mayor Pro Tern Keenan and seconded by Council Member Sondhi,
that the Mayor and City Council officially proclaim "PacifiCare's 25th Anniversary
Celebration" on June 16, 2003 Month" in the City of Cypress.
6
CITY COUNCIL MINUTES MAY 27, 200~ 4 6
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
UNFINISHED BUSINESS
No items.
NEW BUSINESS
Item No. 18: ABANDONED
McGill, Piercy, Sondhi, Keenan and McCoy
None
None
END OF CONSENT CALENDAR
OFFICE BUILDING/NORTHWEST CORNER OF
GRINDLAY STREET AND ORANGE AVENUE.
The Assistant Community Development Director provided background information on
this item.
Mayor Pro Tem Keenan stated he recommended option No. 1, to post the site in order
to keep the developer motivated.
Council Member McGill asked about the ramifications of option No. 2.
The City Attorney stated the only real options available are No. 1 and No. 3 since the
developer has started demolition work and is in the process of abating a public
nuisance.
It was moved by Council Member McGill and seconded by Council Member Sondhi,
that the City Council direct the Building Official to post the site under the provisions of
Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and order the
demolition thereof within thirty (30) days. Further, if the demolition is not completed
within that period, order that a city contractor complete the work with all resulting costs
transferred to the property owner in the form of a lien.
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
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
Noitems.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
Noitems.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Allen Crowder, Cypress, congratulated Police Chief John Hensley on being selected as
the new Police Chief for the City of Costa Mesa.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McCoy requested reports from the Council Members on their respective
committee assignments.
7
CiTY COUNCIL MINUTES MAY 27, 200~ 4 ?
Council Member McGill:
Attended several DARE graduations. Attended an O.C. Fire Authority meeting where
budget impacts were discussed.
Council Member Piercy:
Stated she has received many phone calls regarding the decision by the O.C.
Sanitation District to increase rates. She stated rate increases are from full secondary
treatment and the need for additional infrastructure, and also because the O.C.
Sanitation District infrastructure is 50 years old and in need of repair and replacement.
She stated the O.C. Sanitation District is also a partner in groundwater replenishment to
increase water reserves in Orange County.
Council Member Sondhi:
Provided an update on the O.C. Housing and Community Development Committee
activities and responsibilities including affordable housing, the voucher program, a
resource center pilot program, and property tax exemption policy proposals.
Mayor Pro Tem Keenan:
Attended an O.C. Council of Governments meeting where affordable housing issues
were discussed. Attended a 91 Express Lanes Advisory Board meeting where a draft
presentation was made on short, mid, and long term plans. Attended an ICSC
conference (shopping centers) in Las Vegas with the Community Development Director
where they were able to meet developers and various restaurants.
Mayor McCoy:
Complimented the Police Department on the open house held on May 17th. Attended
the La Palma State of the City event with the City Manager and Council Member McGill.
Attended the Memorial Day Service at Forest Lawn with Mayor Pro Tem Keenan and
Council Member McGill.
Council Member McGill stated the Mayor's Prayer Breakfast would be held on June 4,
2003 at SeaCoast Grace Church at 7:00 a.m.
Mayor Pro Tem Keenan asked that the guidelines for affordable housing be agendized
for discussion.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor McCoy adjourned the meeting at 8:13 p.m. to Monday, June
2, 2003, beginning at 5:00 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF C~ESS
ATTEST:
~tl-Y CLE-RI~ OF TH~ITY OF CYPRESS