Minutes 2004-01-2696
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
Janua~ 26,2004
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Keenan in the Council Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro
Tern/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan
ABSENT: None
STAFF PRESENT:
City Manager, City Attorney, and City Clerk.
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 Number 262-471-39;
Consisting of an Approximately 22,500 Square Foot Parcel Located on the East Side of
Walker Street, North of Danny Avenue, in the Lincoln Avenue Redevelopment Project
Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency
Counsel, Under negotiation: Price and Terms of Payment and 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 Conference with Legal Counsel - Anticipated Litigation, pursuant to
Government Code Section 54956.9(b), Number of cases: Two.
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 7:03 p.m. by
Mayor Keenan.
PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Agency Vice
Chair/Mayor Pro Tem Piercy, Mayor/Agency Chair Keenan.
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Assistant City Manager, Chief of Police, Public Works Director,
Recreation and Community Services Director, Administrative Services Manager,
Assistant Community Development Director, Police Captain, Assistant Planner,
Housing Coordinator, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
McCoy.
INVOCATION: The invocation was given by City Attorney Wynder.
CITY COUNCIL MINUTES
JANUARY 26, 2004
97
REPORT OF WORKSHOP AGENDNCLOSED SESSION:
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that a Closed Session was not held regarding Conference with
Real Property Negotiators, pursuant to Government Code Section 54956.8, Real
Property Identified by APN Number 262-471-39; Consisting of an Approximately 22,500
Square Foot Parcel Located on the East Side of Walker Street, North of Danny Avenue,
in the Lincoln Avenue 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 Redevelopment Agency met in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Number 262-471-39; Consisting of
an Approximately 22,500 Square Foot Parcel Located on the East Side of Walker
Street, North of Danny Avenue, in the Lincoln Avenue Redevelopment Project Area,
Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel,
Under negotiation: Price and Terms of Payment and 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 Deputy Exeoutive Director provided a status report regarding the
ongoing negotiations for the acquisition of the Costco parcels.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code
Section 54956.9(b), Number of cases: Two. The City Attorney stated only one case was
discussed in Closed Session. The City Attorney stated that he and staff provided a status
report with respect to the potential for litigation and recommended a litigation avoidance
strategy, which was unanimously authorized by the City Council.
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 Keenan 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 CONDITIONAL USE PERMIT NO.
2003-16, a REQUEST TO ALLOW THE SALE OF BEER AND WINE AT AN EXISTING
JAPANESE STYLE RESTAURANT (DBA SUSHILAND USA INC.) LOCATED AT 6907
KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Assistant Planner provided background information on this item.
The public hearing was opened.
Mr. Stan Szeto, Szeto and Associates, stated that he was representing the applicants,
Sushiland USA, and agrees with all of the conditions as outlined.
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CITY COUNCIL MINUTES
JANUARY 26, 2004
Mayor Keenan asked if there was anyone who wished to speak in favor of the item.
Mayor Keenan asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Mayor Pro Tem Piercy and seconded by Council Member McCoy, that
the City Council adopt the Resolution by title only, approving Conditional Use Permit
No. 2003-16 - with conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, MoGilI, Sondhi, Piercy and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 5733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2003-16
WITH CONDITIONS.
Item No. 2.'. PUBLIC HEARING REGARDING AN APPLICATION FOR A SPECIAL
PERMIT TO OPERATE A SECONDHAND STORE DBA HAYLEY'S CLOSET
LOCATED AT 9959 WALKER STREET WITHIN THE CG COMMERCIAL GENERAl
ZONE, TO ALLOW SECONDHAND MERCHANDISE SALES OF USED CHILDREN'S
AYES:
NOES:
ABSENT:
CLOTHES AND ACCESSORIES.
The Assistant Planner provided background information on this item.
The public hearing was opened.
The applicant, Melissa Hardaway, was present to answer any questions.
Mayor Keenan asked if there was anyone who wished to speak in favor of the item.
Mayor Keenan asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Council Member McCoy and seconded by Mayor Pro Tern Piercy, that
the City Council adopt the Resolution by title only, approving a Special Use Permit to
allow secondhand merchandise sales at a secondhand store located at 9959 Walker
Street - with conditions.
The motion was unanimously carried by the following roll call vote:
5 COUNCIL MEMBERS: McCoy, McGilI, Sondhi, Piercy and Keenan
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
RESOLUTION NO. 5734
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A SPECIAL USE PERMIT FOR A SECONDHAND STORE
LOCATED AT 9959 WALKER STREET - WITH CONDITIONS.
CITY COUNCIL MINUTES
JANUARY 26, 2004
99
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.
It was moved by Council Member McGill and seconded by Council Member Sondhi, to
approve Consent Calendar Items No. 3 through 14.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
McCoy, McGill, Sondhi, Piercy and Keenan
None
None
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
JANUARY 12, 2004.
Recommendation: That the City Council approve the Minutes of the Meeting of
January 12, 2004, as submitted, with Council Member McCoy abstaining due to his
absence from the meeting.
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 AND AMENDMENT NO. 1 TO THF
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND
THE CYPRESS POLICE OFFICERS' ASSOCIATION FOR CONTRACT PERIOD JULY
1,2001 THROUGH JUNE 30, 2006.
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
approving Amendment No. 1 to the Memorandum of Understanding between the City of
Cypress and the Cypress Police Officers' Association concerning wages, salaries,
fringe benefits and conditions of employment, and 2) Approve an increase in
appropriation as follows from the unreserved fund balance of the General Fund:
4001-11-163-05 (Salaries) $75,000
4003-11-163-05 (Overtime) $15,000
RESOLUTION NO. 5735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE
CYPRESS POLICE OFFICERS' ASSOCIATION CONCERNING
WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS
OF EMPLOYMENT.
Item No. 6: ADOPTION OF RESOLUTION APPROVING THE CITY OF CYPRESR
STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) MULTI-HAZARD
FUNCTIONAL PLAN.
Recommendation: That the City Council adopt the Resolution by title only, adopting an
Emergency Operations Plan for said city.
RESOLUTION NO. 5736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING A STANDARDIZED EMERGENCY MANAGEMENT
SYSTEM (SEMS) MULTI-HAZARD FUNCTIONAL PLAN FOR
SAID CITY.
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CITY COUNCIL MINUTES
JANUARY 26, 2004
Item No. 7: ACCEPTANCE OF THE AUDIT LETTER, AUDITOR'S
RECOMMENDATIONS TO MANAGEMENT, AND STAFF'S RESPONSE TO THE
AUDITOR'S RECOMMENDATIONS TO MANAGEMENT FOR THE FISCAL YEAR
ENDED JUNE 30, 2003.
Recommendation: That the City Council receive and file the Audit Letter, Auditor's
Recommendations to Management, and Staff's Response to the Auditor's
Recommendations to Management.
Item No. 8: ACCEPTANCE OF DONATION FROM PACIFICARE FOR THE
PURCHASE OF A SENTINEL RADIO ALARM SYSTEM.
Recommendation: That the City Council: 1) Accept the donation in the amount of
$4,000 and increase estimated revenues (3713-11, Donations) in the General Fund;
and 2) Appropriate $4,000 from the unreserved fund balance of the General Fund to
account 4113-11-165-05 (Small Tools and Equipment).
Item No. 9: AWARD OF CONTRACT FOR REMODEL OF CYPRESS COUNCIL
CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18, AND DESIGN/BUILD FOR
REPLACEMENT OF AUDIONIDEO SYSTEMS, PUBLIC WORKS PROJECT NO.
2001-18AV.
Recommendation: That the City Council: 1) Determine the lowest responsible bidder
for Public Works Project No. 2001-18 to be DLS Builders, 1975 N. Batavia, Orange,
California 92865; and 2) Award a contract for Remodel of Cypress Council Chamber to
DLS Builders in the amount of $610,175; and 3) Determine the lowest responsible
bidder for Public Works Project No. 2001-18AV to be CCS Presentation Systems, 5055
Wilshire Blvd., #315, Los Angeles, California 90036; and 4) Award a contract for
Design/Build for AudioNideo Systems for Cypress Council Chamber to CCS
Presentation Systems in the amount of $278,032; and 5) Authorize $28,000 (3% of Bid
Amount) as contingency to be used for unforeseen work or adjustment in quantities for
both projects.
Item No.10: ACCEPTANCE OF INSTALLATION AND MODIFICATION OF TRAFFIC
SIGNALS AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2002-42.
Recommendation: That the City Council: 1) Accept the installation and Modification of
Traffic Signals at Various Locations, Public Works Project No. 2002-42, as being
satisfactorily completed in substantial conformance with the project specifications in the
final amount of $150,000; and 2) Approve the final retention payment of $15,000 to
R & M Electrical Contracting, 22541 Aspan Street, Suite C, Lake Forest, California
92630; 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. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
DECEMBER, 2003.
Recommendation: Receive and file.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
62904 THROUGH 63038.
Recommendation: Approve the attached warrant register.
CITY COUNCIL MINUTES
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JANUARY 26, 2004
RECREATION & PARK DISTRICT MA TTERS:
Item No. 13: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR
ENDED 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 Component
Unit Financial Report of the Cypress Recreation and Park District for the fiscal year
ended June 30, 2003.
Item No. 14: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO SOLICIT BIDS FOR ARNOLD/CYPRESS PARK NORTH RESTROOM REMODEL1
PUBLIC WORKS PROJECT NO. 2003-26.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District: 1) Approve the plans and
specifications for the remodel of the restrooms at Arnold/Cypress Park North; and 2)
Authorize staff to solicit bids for the project.
END OF CONSENT CALENDAR
UNFINISHED BUSINESS
No items.
NEW BUSINESS
No items.
RECREATION & PARK DISTRICT MATTERS:
the Ex Officio Governing Board of Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTER~:
Acting as the Cypress Redevelopment Agency.
PRESENT:
The Cypress City Council, Acting as
The Cypress City Council,
Agency Board Members McCoy, McGill, Sondhi, Agency Vice
Chairperson Piercy, Agency Chairperson Keenan
None
ABSENT:
New Business:
Item No. 15. APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT BETWEEN
THE CYPRESS REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC. FOR THE PROVISION OF SEVEN (7) AFFORDABLF
TOWNHOME UNITS LOCATED AT 8882 WALKER STREET.
The Housing Coordinator provided background information on this item.
Agency Member Sondhi asked for elaboration on the promissory note.
The Housing Coordinator stated that the loan being provided to Habitat for Humanity is
to secure the property and does not require repayment unless there is a default on the
loan. He stated that the loan to Habitat will be assumed by each property owner as the
units are sold.
The Housing Coordinator stated that Habitat for Humanity allows for covenants longer
than 45 years so they will take an ownership interest for up to 60 years to make sure
that the units remain affordable to very Iow-income applicants.
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JANUARY 26, 2004
It was moved by Agency Board Member Sondhi and seconded by Agency Vice Chair
Piercy, that the Cypress Redevelopment Agency Board: 1) Approve the Affordable
Housing Agreement with Habitat for Humanity of Orange County, Inc. for the provision
of seven (7) affordable townhome units at 8882 Walker Street and authorize the
execution of the Agreement by the Agency Chair; and 2) Approve an appropriation from
the unreserved fund balance of the Agency's Low and Moderate Income Housing Fund
in the amount of $894,277 to the following account number: 4299-36-196-06.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 AGENCY MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
0 AGENCY MEMBERS: None
0 AGENCY MEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGilI:
Attended an C.C. Fire Authority Board meeting where a contract for retaining consultant
services for an initiative to reallocate future revenues was discussed.
Council Member Sondhi:
Attended a State Housing Community and Economic Development Policy Committee
meeting in Los Angeles.
Mayor Keenan:
Attended an C.C. Transportation Authority Second District Leadership breakfast where
business and civic leaders were provided O.C.T.A. updates. Requested that a brief
Powerpoint presentation be agendized for a City Council workshop of the latest
alignment selections that were chosen at the last C.C. Transportation Authority Board
meeting. Attended an C.C. Transportation Authority Transit Planning and Operations
Committee meeting where a discussion for a ten-year plan for bus procurement was
held. Attended an C.C. Council of Governments meeting where a recap of the
leadership retreat in Lake Arrowhead was provided. Met with PacifiCare with the
Assistant City Manager, as part of the business outreach plan to discuss long-term
plans. Attended an C.C. Transportation Authority Board meeting where gas/electric
buses were discussed.
The Mayor announced that beginning February 23, 2004, the Council meetings will not
be televised due to the remodel of the Council Chambers and that the meetings will be
held at the Cypress School District office at the corner of Moody and Orange.
The Mayor also announced that the City would be holding its State of the City luncheon
on January 28, 2004.
ITEMS FROM CITY MANAGER:
No items.
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JANUARY 26, 2004
ADJOURNMENT: Mayor Keenan adjourned the meeting at 7:45 p.m. to Monday,
February 9, 2004, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CI~ CLERK OF T~E CITY OF CYPRESS