Minutes 2004-04-26
152
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 26, 2004
A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange Av'9nue, Cypress, California.
PRESENT:
Council/Agency Board Members McCoy, McGill (arrived at 5:02
p.m.), Sondhi, Mayor Pro Tenn/Agency Vice Chair Piercy,
Mayor/Agency Chair Keenan
ABSENT:
None
STAFF PRESENT: City Manager, Assistant City Attorney, Director of Finance
and Administrative Services, Assistant City Manager, Acting Public Works Director,
Chief of Police, Recreation and Community Services Director, Assistant Community
Development Director, and City Clerk.
Mayor Keenan introduced Supervisor Silva and stated that he would be discussing
current projects and issues.
Supervisor Silva stated that the County is still sufferin~1 from the 1994 bankruptcy. He
stated that the County is currently working under a CEO concept and that prior to the
bankruptcy worked under a CAO format.
Supervisor Silva stated that the current County budget is approximately $5.5 billion. The
County operates as a transfer agent for welfare and health programs for the federal and
state government.
Supervisor Silva discussed issues with the O.C. Sanitation District and O.C. Library.
Mayor Keenan stated that staff would like to provide Supervisor Silva with an update on
improvements that are being made in Cypress Acres.
The Assistant City Manager stated that Cypress Acres is a former County island that
the City annexed in 1988. At that point, there were some commitments made on
infrastructure needs that would be addressed. The area has been divided into four
areas for infrastructure improvements including sidewalk, curb, gutter, and storm drains.
Phase 1 and 2 were undertaken almost exclusively by the County of Orange using
CDBG monies and redevelopment project funds. Aftør the bankruptcy, the City, in
partnership with the County, was able to finance Phase 3, which is near completion. He
stated that the City has been able to obtain CDBG funding from the County for design
and construction of Phase 4.
The Assistant City Manager stated that Moody Street is the last part of the project and
also the most expensive. The project requires sidewalks and storm drains. The City and
the County continue to discuss addressing the infrastructure needs including the City
taking over the County's redevelopment project area.
Supervisor Silva stated that he would become involved in the discussions if needed.
The Assistant 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 Idøntified by APN Numbers 241-
091-19. 241-091-20, 241-091-21, 241-091-22, 241-09"1-23, 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
153
CITY COUNCIL MINUTES
APRIL 26, 2004
approximately 75 Acres at Northwest corner of Katella Avenue and Walker Street within
the Los Alamitos Race Track and Golf Course IRedevelopment Project Area,
Negotiating Party: Executive Director, Deputy Executive' Director, and Agency Counsel,
Under negotiation: Price and Terms of Payment.
The Assistant City Attorney reported that the City Council would not be meeting in
Closed Session regarding Conference with Legal Counsel - Existing Litigation,
pursuant to Government Code Section 54956.9(a), Jay Tatman v. City of Cypress, et
aI., Case Number SACV03-140 GL T (MLGx), United States District Court, Central
District of California.
The Assistant City Attorney reported that the Redevelopment Agency and City Council
would be meeting in a Joint Closed Session regarding Conference with Legal Counsel -
Existing Litigation, pursuant to Government Code Section 54956.9(a), City of Los
Alamitos v. City of Cypress, Cypress Redevelopment Agency, et aI., Case Number
04CCO0136, Orange County Superior Court - Civil Complex Center.
The Assistant City Attorney reported that the Redevelopment Agency and City Council
would not be meeting in a Joint Closed Session re9arding Conference with Legal
Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b),
Number of Cases: One.
The Assistant City Attorney reported that the City Council would be meeting in Closed
Session regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6, Agency Negotiator: Richard Storey, Employee Group: Cypress
Maintenance Employees' Association.
At 5:45 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, Assistant City Attorney, Director of Finance
and Administrative Services, Assistant City Manager, Chief of Police, Acting Public
Works Director, Recreation and Community Services Director, Police Captain, Assistant
Community Development Director, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Assemblyman Tom
Harman.
INVOCATION: The invocation was given by Council Member McGill.
PRESENTATIONS:
A presentation was made by Assemblyman Tom Harman, 67th District, regarding
current statewide issues including workers' compensation reform, the State budget, S8
1212 (fiscalization of land use between cities), AB 2158 (reforms to housing element in
General Plan), AB 2702 (granny flats/room additions), and S8 1592 (intill
developments).
Assemblyman Harman stated that the Assembly Republican Caucus is sponsoring
"suggestion box" workshops, and the next one will be 11eld on Friday, April 30, 2004,
from 2:00 to 3:45 p.m. in the Board of Supervisors building in Santa Ana.
2
154
CITY COUNCIL MINUTES
APRIL 26, 2004
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor stated that the City Council met with Supervisor Jim Silva where updates
were provided on areas of mutual interest, which included Cypress Acres, a former
County island located in the City.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The Assistant 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 Assistant City Attorney stated that no reportable
action was taken.
The Assistant City Attorney reported that the Redevelopment Agency and City Council
met in a Joint Closed Session regarding Conference with Legal Counsel - Existing
Litigation, pursuant to Government Code Section 549S6.9(a), City of Los Alamitos v.
City of Cypress, Cypress Redevelopment Agency, et aI., Case Number 04CCO0136,
Orange County Superior Court - Civil Complex Centør. The Assistant City Attorney
stated that no reportable action was taken.
The Assistant City Attorney reported that the City Council met in Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code Section
54957.6, Agency Negotiator: Richard Storey, Employeo Group: Cypress Maintenance
Employees' Association. The Assistant City Attorney stated that the City Council gave
direction to the City's negotiator regarding negotiations with the Cypress Maintenance
Employees' Association and that no reportable action was taken at this time.
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.
2004-01/TENTATIVE TRACT MAP NO. 16671. A REQUEST TO CONSTRUCT FOUR
(4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5442 CAMP STREET
IN THE RM-20 RESIDENTIAL MULTIPLE FAMILY ZONE.
The Associate Planner provided background information on this item.
Mayor Pro T em Piercy asked if the three lots on the tentative tract map were
considered one parcel.
The Associate Planner stated that at the time it was developed under the County, it
probably was.
The public hearing was opened.
3
CITY COUNCIL MINUTES
155
APRIL 26. 2004
The applicant, Charles Dominesey, stated that he agreed with all of the conditions.
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.
Mayor Pro Tem Piercy asked how garage parking conditions are controlled/enforced by
the City.
The Associate Planner stated that it would be on a complaint basis and that the
homeowner's association would be notified.
Mayor Keenan stated that he was concerned about the condition of the alley and
requested that staff monitor the situation to ensure there is flexibility.
Council Member McCoy asked about the size of the apron at the garage entrances and
the space between the garage door and alley.
The Associate Planner stated there is 15 feet of alley and 10 feet between the garage
door and the alley.
Council Member McCoy asked if there were parking restrictions on the apron in front of
the garage doors.
The Associate Planner stated that there was not a restriction but that it could be added
to the conditions.
It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, that
the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative
Declaration, and adopt the Mitigation Monitoring Program in accordance with the
requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the
Resolutions by titles only, approving Conditional Use Pe!rmit No. 2004-01 and Tentative
Tract Map No. 16671 - With Conditions, as amended.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5
0
0
COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2004-01
- WITH CONDITIONS.
RESOLUTION NO. 57S2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 16671 - WITH
CONDITIONS.
4
156
CITY COUNCIL MINUTES
APRIL 26, 2004
Item No.2: PUBLIC HEARING REGARDING ZONING CODE AMENDMENT NO.
2004-02, AMENDING SECTION 19. APPENDIX "A" OF THE CYPRESS ZONING
ORDINANCE (SPECIAL USE STANDARDS), AMENDING SECTION 19.41.C
(RESTRICTIONS ON LONG TERM OCCUPANCY) AND SECTION 41. APPENDIX "A"
OF THE CYPRESS ZONING ORDINANCE (DEFINITIONS) BY ADDING A NEW
DEFINITION - HOTEL (LONG TERM STAY).
The Assistant Community Development Director provided background information on
this item.
Council Member Sondhi asked about feedback from other entities within the business
park about the proposed Ordinance.
The Assistant Community Development Director stated that there was acceptance of
the Ordinance.
Mayor Keenan asked about legal challenges from other hotels in the City that may want
to do extended stay.
The Assistant Community Development Director statød that the City Attorney and
Agency Counsel have both reviewed the document amI found it to be acceptable and
legal.
The public hearing was opened.
Mayor Keenan asked if there was anyone who wished to speak in favor of the item.
Debbie Ayala, General Manager, Residence Inn, Cypress/Marriott International, spoke
in favor of the amendment.
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 Sondhi, that
the City Council introduce the Ordinance by title only and waive the first reading,
approving Zoning Code Amendment No. 2004-02.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5
0
0
COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING SECTION 19, APPENDIX "A" OF THE CYPRESS ZONING
ORDINANCE (SPECIAL USE STANDARDS), BY ADDING A NEW
SUBSECTION 19.41.C (RESTRICTIONS ON LONIG TERM OCCUPANCY)
AND SECTION 41, APPENDIX "A" OF THE CYPRESS ZONING
ORDINANCE (DEFINITIONS) BY ADDING A NEW DEFINITION
(HOTEL - LONG TERM STAY).
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 Keenan requested Item No.7 be pulled from the Consent Calendar.
5
CITY COUNCIL MINUTES
157
APRIL 26, 2004
It was moved by Council Member McCoy and seconded by Mayor Pro Tem Piercy, to
approve Consent Calendar Items No.3 through 6 and 8 through 13.
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.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL
12. 2004.
Recommendation: That the City Council approve the Minutes of the Meeting of April
12, 2004, as submitted, with Council Member Sondhi abstaining on the Minutes due to
her 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: PROCLAIMING THE MONTH OF APRIL, :W04, AS "NATIONAL DONATE
LIFE MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the month of
April, 2004, as "National Donate Life Month" in the City of Cypress.
Item No.6: PROCLAIMING MAY 1.2004. AS "CHILDREN'S DAY" IN THE CITY OF
CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim May 1, 2004, as
"Children's Day" in the City of Cypress.
Item No.8 2004-2005 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL
PLAN CONSISTENCY FINDING.
Recommendation: That the City Council make the finding that the 2004-2005 Fiscal
Year Capital Improvement Program is consistent with the City of Cypress General Plan
2001 Update, as required by Government Code Section 65103(c).
Item No.9: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
FUNDING REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF
RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER
RECYCLING AND LITTER REDUCTION ACT.
Recommendation: That the City Council adopt the Resolution by title only, authorizing
submittal of a funding request to the State of California Department of Conservation,
Recycling Division, pursuant to the California Beverage Container Recycling and Litter
Reduction Act.
RESOLUTION NO. 575:::
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE
DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING
PURSUANT TO THE CALIFORNIA BEVEFtAGE CONTAINER
RECYCLING AND LITTER REDUCTION ACT.
Item No. 10: ADOPTION OF THE 2004-2011 CAPITAL IMPROVEMENT PROGRAM
FOR THE CITY OF CYPRESS AND RECREATION AND PARK DISTRICT.
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, formally adopt the City of
6
158
CITY COUNCIL MINUTES
APRIL 26,2004
Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal
years 2004-2011 .
Item No. 11: DONATION OF SURPLUS PHOTOGRAPHY EQUIPMENT.
Recommendation: That the City Council approve the donation of surplus photography
equipment from Cypress Police Department's photography lab to Cypress Community
College's Photography Department.
Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH,
2004,
Recommendation: Receive and file.
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
64309 THROUGH 64503.
Recommendation: Approve the attached warrant registør.
Reqardinq Item No.7: PROCLAIMING THE WEEK OF MAY 9-15, 2004, AS
"NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS, Mayor Keenan asked the
Chief of Police to discuss the City's plans to acknowledgl9 this event.
The Chief of Police stated that the Cypress Police Department will be holding an Open
House on May 15, 2004 from 10:00 a.m. to 2:00 p.m. He stated that in the County, a
day of remembrance will be held on May 13, 2004 at the Civic Center in Santa Ana
recognizing all of the officers who have given their lives on duty in the County of
Orange.
It was moved by Mayor Keenan and seconded by Council Member McCoy, that the
Mayor and City Council officially proclaim the week of May 9-15, 2004, as "National
Police Week" in the City of Cypress.
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
END OF CONSENT CALEN[)AR
ORDINANCES: (SECOND READING)
Item No. 14: SECOND READING OF ORDINANCE AMENDING THE
REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT
PROJECT. THE LOS ALAMITOS RACE TRACK AND GOLF COURSE
REDEVELOPMENT PROJECT, AND THE LINCOLN AVENUE REDEVELOPMENT
PROJECT, PURSUANT TO SENATE BILL 1045.
It was moved by Council Member McCoy and seconded by Council Member Sondhi,
that the City Council adopt the Ordinance by title only, amending the Redevelopment
Plans for the Civic Center Redevelopment Project, the Los Alamitos Race Track and
Golf Course Redevelopment Project, and the Lincoln Avenue Redevelopment Project,
pursuant to Senate Bill 1045 as codified in Health and Safety Code Section
33333.6(e)(2)(C).
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
7
CITY COUNCIL MINUTES
159
APRIL 26, 2004
ORDINANCE NO.1 056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER
REDEVELOPMENT PROJECT, THE LOS ALAMITOS RACE TRACK AND GOLF
COURSE REDEVELOPMENT PROJECT, AND THE LINCOLN AVENUE
REDEVELOPMENT PROJECT, PURSUANT TO SENATE BILL 1045 AS
CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C).
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.
The Cypress City Council,
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agønda.
The following spoke from Boy Scout Troop #1616 reøarding Uleir aitendance at the
Council meeting in order to meet the requirements for obtaining a Communications
Merit Badge toward the Eagle Scout rank:
Darren Wood, Cypress
Stephen Huang, Cypress
Neal Rummier, Cypress
Jonathan Ayache, Cypress
Chris Stewart, Cypress
Joe Keener, Cypress
Don Wood, Scoutmaster of Boy Scout Troop #1616, Cypress
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Provided an update on Prop 172 discussion and negotiations.
Council Member Sondhi:
Attended several subcommittee meetings for the Housing Commission where
affordable components for multi-family housing were discussed.
Mayor Pro Tem Piercy:
Attended a joint board meeting of the O.C. Water District and O.C. Sanitation District,
who are partners in the groundwater replenishment system. Toured the City of Long
Beach Water Department trial desalination project. Attønded the Cypress High School
Grad Night fundraiseI'. Attended the Cypress Arts Festival at Oak Knoll Park.
8
160
CITY COUNCIL MINUTES
APRIL 26, 2004
Mayor Keenan:
Attended an O.C. Transportation Authority Board half-day retreat to discuss the
County's access bus program. Attended a meeting regarding the Orange Line.
Attended the grand opening for the CenterStone housing project on Ball Road.
Attended the Volunteer Recognition luncheon at the Cypress Senior Center. Attended
an O.C. Transportation Authorit~ subcommittee meeting where a rail crossing study
was presented. Attended the 10 Anniversary of MetroLink service in Orange County.
Attended the Cypress Arts Festival at Oak Knoll Park. Attended an O.C. Transportation
Authority Board meeting where a consultant contract for the Riverside/Orange County
Major Investment Study was approved. Stated he was appointed to a subcommittee for
the Air Quality Management District through OCT A.
Council Member Sondhi requested that budgeting for annual membership in the O.C.
Regional Airport Authority be agendized for discussion aI the next regular meeting.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Keenan adjourned the meetin!~ at 8:28 p.m. to Monday, May
3, 2004, beginning at 5:00 p.m~ve Board Room.
~~
A YOR OF THE CITY OF CYPRESS
ATTEST:
9