Minutes 2004-02-09i04
MINUTES OFA REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 9, 2004
A regular meeting of the Cypress City Council was called to order at 5:38 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro
Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Public
Works Director, Recreation and Community Services Director, Administrative Services
Manager, Assistant Community Development Director, Police Captain, Associate
Engineer, and City Clerk.
Mayor Keenan provided a presentation regarding CenterLine: Locally Preferred
Alternative. He stated that the FTA has given the CenterLine project a "Recommended"
rating, which is highly sought after. Because of this rating, the Federal government will
assign a full-time staff person to work with the O.C. Transportation Authority through the
next steps of the process.
Mayor Keenan stated that public comments were received and most of the concerns
were with parking issues, possible noise, and traffic issues. He stated that the first stop
of CenterLine will start in Santa Aha and will intemonnect with Metrolink, ending at the
John Wayne Airport. He stated that OCTA is working with cities on design options, that
agreements will be prepared, and the funding plan will be developed.
Council Member Sondhi asked about the timeframe for the project.
Mayor Keenan stated that construction could begin as early as 2006 with completion by
2009.
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 Conference with Legal Counsel - Anticipated Litigation, pursuant to
Government Code Section 54956.9(b), Number of Cases: Two.
The City Attorney reported that a Closed Session item needed to be added to the
agenda on the grounds that the need to meet and take action arose subsequent to the
posting of the agenda, regarding Exposure to Litigation, pursuant to Government Code
Section 54956.9(c), Number of Cases: One.
It was moved by Mayor Pro Tem/Agency Vice Chair Piercy and seconded by
Council/Agency Board Member McGill, to add the additional Closed Session item to the
agenda.
CITY COUNCIL MINUTES
FEBRUARY 9, 2004
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
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 Keenan.
PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Agency Vice
ChaidMayor Pro Tem Piercy, Mayor/Agency Chair Keenan.
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Assistant City Manager, Public Works Director, Recreation and
Community Services Director, Police Captain, Administrative Services Manager,
Assistant Community Development Director, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
McGill.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Mayor presented a "Kindergarten Awareness Week" proclamation to David Giese,
Board President, and Anne Hertz, Kindergarten Coordinator, Cypress School District.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
Mayor Keenan stated that he presented a review of the CenterLine light rail project in
Orange County and detailed the Locally Preferred Alternative that the C.C.
Transportation Authority has selected for the project.
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 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 that a litigation
avoidance strategy was recommended and unanimously authorized by the City Council.
The City Attorney reported that a Closed Session item was unanimously authorized to
be added to the agenda on the grounds that the need to meet and take action arose
subsequent to the posting of the agenda, regarding Exposure to Litigation, pursuant to
Government Code Section 54956.9(c), Number of Cases: One. The City Attorney
stated that the City Council was briefed and the City Council unanimously authorized
the initiation of litigation provided that a waiting period would be afforded so that one
member of the City Council who is a liaison involving the facts and circumstances in this
case could make an effort to discuss an amicable resolution of the disputes involved.
Failing that, the City Council unanimously authorized the City Attorney to proceed
forward and file litigation in one case.
2
106
CITY COUNCIL MINUTES
FEBRUARY 9, 2004
The City Attorney reported that due to time constraints, the Redevelopment Agency was
not able to meet 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 this Closed Session will occur, if at all, at the conclusion of tonight's City Council
meeting.
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.
Patsy Langevin, Cypress Branch Library, spoke regarding the Cypress Branch Library
Homebound Services Program.
Peter Woodington, Cypress, spoke regarding the statewide slot machine initiative.
Mayor Keenan announced that the City Council Chambers will be renovated beginning
mid-February. The meetings will be held at the normal times at the Cypress School
District Board Room, 9470 Moody Street, and will not be televised.
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 EXTENSION OF AMENDED
CONDITIONAL USE PERMIT NO. 97-321 A REQUEST FOR A SiX (6) MONTH
EXTENSION TO COMPLETE AN ANTENNA UPGRADE AT 8911 WATSON STREET
WITHIN THE PC PLANNED COMMUNITY ZONE.
The Assistant Community Development Director provided background information on
this item.
The public hearing was opened.
The applicant, Barbara Saito, Nextel Communications, stated that the project will be
completed before June.
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 Sondhi and seconded by Council Member McCoy, to
adopt the Resolution by title only, approving a six (6) month extension of amended
Conditional Use Permit No. 97-32, reducing the scale of the existing antenna array -
with revised conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
3
CITY COUNCIL MINUTES
107
FEBRUARY 9, 2004
RESOLUTION NO. 5737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A SIX (6) MONTH EXTENSION OF AMENDED CONDITIONAL
USE PERMIT NO. 97-32, REDUCING THE SCALE OF THE EXISTING
ANTENNA ARRAY - WITH REVISED 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.
It was moved by Council Member McGill and seconded by Council Member McCoy, to
approve Consent Calendar Items No. 2 through 9.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
JANUARY 26, 2004.
Recommendation: That the City Council approve the Minutes of the Meeting of
January 26, 2004, 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: PROCLAIMING THE WEEK OF FEBRUARY 25,
"KINDERGARTEN AWARENESS WEEK" IN THE CITY OF CYPRESS.
2004, AS
Recommendation: That the Mayor and City Council officially proclaim the week of
February 25, 2004, as "Kindergarten Awareness Week" in the City of Cypress.
Item No. 5: APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE
IN THE CASE OF MARCHETTI AND CITY OF CYPRESS V. MAPON, INC.
Recommendation: That the City Council approve the Settlement Agreement and
Mutual Release by and between Vincent Marchetti, City of Cypress, and Mapon, Inc.,
dba Ace Roofing.
Item No. 6: REQUEST FOR AUTHORIZATION TO INCLUDE THE CITY OF
CYPRESS IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF CERRITOS.
Recommendation: That the City Council authorize the inclusion of the City of Cypress
in an Amicus Brief in support of a lawsuit by the City of Cerritos against the State of
California to invalidate the preemption of one-quarter cent of local sales tax as part of
the "Triple Flip."
Item No, 7: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR THE INSTALLATION OF
PROTECTED/PERMISSIVE LEFT TURNS AT THE INTERSECTIONS OF ORANGF
AVENUE AT DENNI STREET AND ORANGE AVENUE AT WALKER STREETI
PUBLIC WORKS PROJECT NO. 2004-05.
Recommendation: That the City Council: 1) Approve the plans and specifications for
the Installation of Protected/Permissive Left Turns at the Intersections of Orange
4
108
CITY COUNCIL MINUTES
FEBRUARY 9, 2004
Avenue at Denni Street and Orange Avenue at Walker Street, Public Works Project No.
2004-05; and 2) Authorize City staff to advertise the project for bid.
Item No. 8: APPROPRIATION OF FUNDS FOR POLICE MOBILE DATA
COMPUTER SERVICE UPGRADES.
Recommendation: That the City Council: 1) Approve the appropriation of $100,000 for
the police mobile data computer software, service and provider upgrades from the
unreserved fund balance of the Capital Replacement Fund (4305-90-656-35); and 2)
Approve an increase of $19,000 in estimated revenue (3525-11) from the Local Law
Enforcement Block Grant; and 3) Approve an increase of $22,637 in estimated revenue
(3525-11) from the California Law Enforcement Equipment Program grant; and 4)
Approve a transfer of $59,594 from the unreserved fund balance of the General Fund
(2200-11) to the Capital Replacement Fund (1200-90); and 5) Approve an appropriation
decrease of $6,206 in 4113-11-184-05 (California Law Enforcement Block Grant) for
monies that will be reallocated for the purchase of the mobile data computer services.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
63039 THROUGH 63252.
Recommendation:
Approve the attached warrant register.
END OF CONSENT CALENDAR
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:
Acting as the Cypress Redevelopment Agency.
PRESENT:
The Cypress City Council,
Agency Board Members McCoy, McGill, Sondhi, Agency Vice
Chairperson Piercy, Agency Chairperson Keenan
ABSENT: None
It was moved by Agency Vice Chair Piercy and seconded by Agency Board Member
Sondhi, to approve Consent Calendar Item No. 10.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
Consent Calendar:
Item No. 10: AWARD OF CONTRACT FOR DEMOLITION OF STRUCTURES AT
5732 AND 6122 LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2003-57.
Recommendation: That the Cypress Redevelopment Agency Board: 1) Determine the
lowest responsible bidder for Public Works Project No. 2003-57 to be Greenleaf
Demolition and Grading, 7702 Yukon Drive, Huntington Beach, California 92648; and
5
CITY COUNCIL MINUTES
109
FEBRUARY 9, 2004
2) Approve an appropriation from the unreserved fund balance of the Cypress
Redevelopment Agency's Low and Moderate Income Housing Fund in the amount of
$33,250 to Account No. 4176-36-196-06; and 3) Award a contract for demolition of
structures at 5732 and 6122 Lincoln Avenue, in the amount of $50,750, to Greenleaf
Demolition and Grading; and 4) Authorize $12,500 (25% of bid amount) as contingency
to be used for unforeseen work or adjustment in quantities.
END OF CONSENT CALENDAR
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
No items.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Stated there will be two to three meetings of the O.C. Fire Authority on issues regarding
Proposition 172. He encouraged the public to use the Chamber of Commerce's new
website.
Council Member McCoy
Attended the State of the City luncheon.
Council Member Sondhi:
Stated that the O.C. Regional Airport Authority will be having a meeting regarding a
response to SCAG's Regional Transportation Plan.
Mayor Pro Tem Piercy:
Attended the State of the City luncheon. Attended the Chamber of Commerce mixer.
Attended an O.C. Sanitation District Board meeting where a proposal from a private
company to fine unassessed properties within the District was discussed. Attended an
O.C. Sanitation District Operations, Maintenance and Technical Services meeting
where updates on major air quality issues that will impact the District were discussed.
Mayor Keenan:
Attended the State of the City luncheon. The Mayor thanked the City Council and staff
for a successful event. Attended a Quarterly Breakfast hosted by Supervisor Silva
where O.C. Sanitation District, O.C. Transportation Authority, and County
reorganization issues were discussed. Supervisor Silva indicated that he would like to
attend a City Council workshop session in the next month or two. Attended an O.C.
Transportation Authority Executive Committee meeting where a strategy for a possible
extension to Measure M was discussed. Attended a tour of the new Gold Line light rail
system in Pasadena. Attended the Women's Club Tea fundraising event.
Mayor Keenan stated that the City Council Chambers will be undergoing renovations
and the Council meetings will not be televised during that time. He stated that the
meetings will be held at the Cypress School District effective February 23, 2004, and
that the agendas and minutes from the City Council meetings are available on the City's
website.
ITEMS FROM CITY MANAGER:
No items.
6
110
CITY COUNCIL MINUTES
FEBRUARY 9, 2004
The Administrative Services Manager stated that staff is investigating selling the chairs
and shingles from the City Council Chambers.
The meeting was recessed to Closed Session at 7:47 p.m.
The meeting was reconvened at 8:18 p.m.
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 and Assistant Agency Executive
Director provided a brief privileged and confidential status report on issues related to
the acquisition of the property listed by its assessor parcel numbers on the Closed
Session agenda. No action was taken on this item.
ADJOURNMENT: Mayor Keenan adjourned the meeting at 8:20 p.m. to Monday,
February 23, 2004, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CLERK OF T-HE CITY OF CYPRESS
7