Minutes 2004-02-23
111
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 23, 2004
A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange Avønue, 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, 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 Numbers 241-091-19, 241-
091-20, 241-091-21, 241-091-22, 241-091-23, 241-09"1-24, 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: Three.
The 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, Employeø Group: Cypress Maintenance
Employees' Association.
At 5:33 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 7:00 p.m. by
Mayor Keenan in the Board Room of the Cypress School District, 9470 Moody Street,
Cypress, California.
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 Attorne~y, Director of Finance and
Administrative Services, Assistant City Manager, Chief of Police, Police Captain, Public
Works Director, Recreation and Community Services Director, Administrative Services
Manager, Assistant Community Development Director, Associate Planner, and City
Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiancø was led by Council Member
McCoy.
INVOCATION: The invocation was given by Police Chief Hicks.
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CITY COUNCIL MINUTES
FEBRUARY 23, 2004
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 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 stated that a status report was provided on
ongoing negotiations involving the acquisition, transfer, entitlement, and development of
the parcels listed.
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: Three. The City Attorney stated that a litigation
avoidance strategy was discussed with the City Council for each case, and the City
Council unanimously authorized the pursuit of such litigation avoidance strategies.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Labor Negotiator, pursuant to Govemment Code Section 54957.6,
Agency Negotiator: Richard Storey, Employee Group: Cypress Maintenance
Employees' Association. The City Attorney stated that this item will occur, if at all, at the
conclusion of the regular meeting of the City Council and 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 Keenan asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Cheryl Russell, Orange County Human Relations Commission and Council, provided an
update on the 2002-2003 Annual Report of the Orange County Human Relations
Commission and Council.
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 AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2001-10/Z0NING ORDINANCE AMENDMENT NO. 2004-01NESTING
TENTATIVE PARCEL MAP NO. 2003-266, AND DESIGN REVIEW COMMITTEE
PERMIT NO 2004-01. A REQUEST TO REPLACE THE PREVIOUSLY APPROVED
RETAIUCOMMERCIAL DEVELOPMENT WITH AN INDUSTRIAL BUSINESS PARK
PROJECT. TO AMEND THE CYPRESS ZONING ORDINANCE ELIMINATING TWO
OF THE DEVELOPMENT STANDARDS OF THE PC-1 PLANNED COMMUNITY
ZONE, AND SUBDIVIDE THE PROPERTY INTO ELEVEN (11) SEPARATE PARCELS
ON THE PROPERTY AT THE NORTHEAST CORNElA OF KATELLA AVENUE AND
YAMAHA WAY WITHIN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
The public hearing was opened.
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CITY COUNCIL MINUTES
113
FEBRUARY 23, 2004
The applicant, John Law, Warland Investments, stated Ihat the previous request for an
amendment to the Conditional Use Permit was to be able to sell the back portion of the
parcel for an extended stay hotel and the front portion for a shopping center. He stated
that efforts to build and market a shopping center were not successful.
Council Member McCoy asked if the buildings within the interior would have the same
façade on the outside.
Mr. Law stated that they would, with wrap-around glass on both stories.
Mayor Pro Tem Piercy asked about any common area in the complex.
Mr. Law stated that there would be a series of reciprocal easements by all of the
property owners.
Mayor Keenan asked if there was anyone who wished to speak in favor of the item.
Phil Wendel, Yamaha Motor Corporation, spoke in favor of the project.
Mayor Keenan asked if there was anyone who wished to speak against the item.
The public hearing was closed.
Mayor Keenan asked if there was enough parking for a retail use in the complex.
The Associate Planner stated that the parking standards for retail and office are the
same.
Mayor Keenan stated that he met with the broker to discuss both the positive and
negative comments he has received on the project.
It was moved by Council Member McCoy and seconded by Council Member McGill, that
the City Council: 1) Adopt a Finding of De Minimis Impact, Mitigated Negative
Declaration, and Mitigation Monitoring Program in accordance with the requirements of
the California Environmental Quality Act (CEQA); and 2:) Adopt the Resolutions by title
only, approving Amendment to Conditional Use Permit No. 2001-10, Design Review
Committee Permit No. 2004-01, and Vesting Tentative Parcel Map No. 2003-266,
subject to the conditions attached in Exhibit lOA" of the Re~solutions.
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. 5738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2001-10 - WITH CONDITIONS.
RESOLUTION NO. 5739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-01
- WITH CONDITIONS.
RESOLUTION NO. 5740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING VESTING TENTATIVE TRACT MAP NO. 2003-266
WITH CONDITIONS.
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CITY COUNCIL MINUTES
FEBRUARY 23, 2004
It was moved by Council Member McCoy and seconded by Council Member McGill, that
the City Council introduce the Ordinance for first readin~] by title only, approving Zoning
Ordinance Amendment No. 2004-01.
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,
ADOPTING AMENDMENT TO THE CYPRESS ZONING ORDINANCE
NO. 2004-01 TO DELETE TWO DEVELOPMENT STANDARDS OF
THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calencfar" 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 stated that he and Council Member McCoy presented the Resolution to
the Cypress Federal Little League.
Mayor Pro Tem Piercy requested that Item No. 12 be pulled from the Consent
Calendar.
Council Member McCoy requested that Item No.5 be pulled from the Consent
Calendar.
It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, to
approve Consent Calendar Items No.2 through 4 and Items No.6 through 11.
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 MEETINGS OF
JANUARY 19 AND FEBRUARY 9,2004.
Recommendation: That the City Council approve the Minutes of the Meetings of
January 19 and February 9, 2004, as submitted, with Council Member Sondhi
abstaining on the minutes of January 19, 2004, due to hl9r 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.
Item No.4: PROCLAIMING THE MONTH OF FEBRUARY, 2004, AS "STOP IN THE
NAME OF LOVE MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the month of
February, 2004, as "Stop in the Name of Love Month" in the City of Cypress.
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CITY COUNCIL MINUTES
115
FEBRUARY 23, 2004
Item No.6: AWARD OF CONTRACT FOR PERSONAL COMPUTERS. FILE
SERVERS AND MICROSOFT OFFICE PROFESSIONAL EDITION 2003.
Recommendation: That the City Council: 1) Approve an award of contract for 170
personal computers to Sys Technology, 6481 Global Drive, Cypress, CA 90630, for an
amount not to exceed $118,147.88; and 2) Award a contract for five (5) file servers,
peripherals, and associated software, to Software House International, 12452 Santa
Rosalia, Garden Grove, CA 92841, for an amount not to exceed $88,765.80; and 3)
Award a contract to Softchoice Corporation, 429 Santa Monica Blvd., Santa Monica, CA
90401, for 170 licenses of Microsoft Office Professional Edition 2003, for an amount not
to exceed $54,069.60.
Item No.7: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR REHABILITATION OF
TANGLEWOOD ALLEYS, PHASE 2, PUBLIC WORKS PROJECT NO. 2003-45.
Recommendation: That the City Council: 1) Approve the plans and specifications for
Rehabilitation of Tanglewood Alleys, Phase 2, Public 'J'lorks Project No. 2003-45; and
2) Authorize staff to advertise the project for bid.
Item No.8: ACCEPTANCE OF THE PAVEMENT REHABILITATION OF KATELLA
AVENUE, WALKER STREET AND CERRITOS AVENUE. PUBLIC WORKS PROJECT
NOS. 2002-28. 2002-29, AND 2003-06.
Recommendation: That the City Council: 1) Accept the Pavement Rehabilitation of
Katella Avenue from Holder Street to Knott Street, Walkl3r Street from Crescent Avenue
to Lincoln Avenue, and Cerritos Avenue from Valley Vie!w Street to Knott Street, Public
Works Project Nos. 2002-28, 2002-29, and 2003-06, as being completed in substantial
conformance with the project specifications; and 2) Approve the final retention payment
in the amount of $64,800 to All American Asphalt, 400 E. Sixth Street, Corona,
California 92878; and 3) Authorize the City Clerk to rølease the Labor and Materials
Bonds and the Faithful Performance Bonds 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.9: REVIEW OF INVESTMENT REPORT FOH THE MONTH OF JANUARY.
2004.
Recommendation: Receive and file.
Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
63253 THROUGH 63474.
Recommendation: Approve the attached warrant registør.
RECREA nON & PARK DISTRICT MA TTERS:
Item No. 11: APPROVAL OF PURCHASE OF REPLACEMENT ICE MACHINE FOR
THE CYPRESS SENIOR CENTER.
Recommendation: That the City Council, acting as thH ex-officio governing Board of
Directors for the Cypress Recreation and Park District: 1) Approve the emergency
purchase of a replacement ice machine to Refrigeration Unlimited, Inc., 2466 E. Fender
Avenue, #D, Fullerton, CA 92831, in the amount of $3,008.91; and 2) Appropriate
$3,009 from the unreserved fund balance of the Park r>istrict General Fund (2200-12)
to the Distrïct's Equïpment Replacement Fund (1200-83).
Reqardinq Item No.5: ADOPTION OF RESOLUTION COMMENDING THE
CYPRESS FEDERAL LITTLE LEAGUE, Council Member McCoy commended Mayor
Keenan for attending and presenting the Resolution at the opening day ceremonies. He
stated that Cypress Little League presented a safety plan to the National Little League
and received first place out of all the Federal Little Leagues in the nation.
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CITY COUNCIL MINUTES
FEBRUARY 23, 2004
It was moved by Council Member Sondhi and secondedl by Mayor Pro Tem Piercy, that
the City Council adopt the Resolution by title only, commending the Cypress Federal
Little League.
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
RESOLUTION NO. 5741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COMMENDING THE CYPRESS FEDERAL. LITTLE LEAGUE.
Reqardinq Item No. 12: APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO SOLICIT BIDS FOR OAK KNOLL PARK PLAYGROUND
UPGRADE, Mayor Pro Tem Piercy asked which playground section in Oak Knoll Park
would receive the upgrade.
The Recreation and Community Services Director stated that the northern most
playground section nearest the Community Center would be upgraded.
It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, that
the City Council, acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District, approve the plans and specifications for the playground
upgrade project at Oak Knoll Park and authorize staff to solicit bids for the project.
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
Mayor Keenan stated that Consent Calendar Item No.4 was a request to declare
February, 2004, as "Stop in the Name of Love Month" in the City of Cypress. He stated
that running red lights is a serious matter and is taken soriously in the City of Cypress.
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.
The Cypress City Council,
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
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CITY COUNCIL MINUTES
117
FEBRUARY 23, 2004
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Provided update to the City Council on a special board meeting of the O.C. Fire
Authority regarding moving forward with a recommendation for support of a ballot
initiative that would establish a base year from which any growth in property taxes that
resulted from Proposition 172 would be limited to a 50% share between the O.C. Sheriff
Department, O.C. District Attorney, and O.C. Fire Authority until the O.C. Fire Authority
reached a cap of 10% of the total sum of the growth in property tax going forward.
Mayor Keenan asked what percentage Cypress gets for public safety.
The Director of Finance and Administrative Services stated that Cypress gets %%,
which is approximately $225,000.
Council Member McCoy:
Attended the Cypress Employee Service Awards lunchE~on. Attended the Cypress Little
League Opening Ceremonies.
Council Member Sondhi:
Attended an O.C. Regional Airport Authority meeting where a discussion of OCRAA's
response to the SCAG report was held.
Mayor Pro Tem Piercy:
Attended the Cypress Employee Service Awards luncheon. Attended the O.C.
Sanitation District orientation for new members. Attended the Cypress Soroptomists
fundraiser. She apologized for missing the Cypress Littlo League/Cypress Girls' Softball
Opening Ceremonies.
Mayor Keenan:
Attended the League of California Cities meeting with Council Member McGill where he
had an opportunity to see the new community center and skatepark in Laguna Niguel
and receive a presentation by Todd Spitzer. Attended a West-Comm Board meeting
where a mid-year budget review was held. Attended an Orange Line meeting to see
what progress has been made. Attended an Open House for SARA in Cypress, that
makes products related to homeland security. Attended the Cypress Little League
Opening Ceremonies. Attended an O.C. Transportation Authority Board meeting where
the majority voted to lease 100 Toyota Prius' hybrid electric cars to set an example for
public agencies.
ITEMS FROM CITY MANAGER:
No items.
The meeting was recessed to Closed Session at 8:01 p.m.
The meeting was reconvened at 8: 19 p.m.
The 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, Employee Group: Cypress Maintenance
Employees' Association. The City Attorney stated that Mr. Storey discussed with the
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CITY COUNCIL MINUTES
FEBRUARY 23, 2004
Council negotiations with the Cypress Maintenance Employees' Association and the
Council unanimously gave direction regarding on-going labor negotiations.
No other action was taken in Closed Session, nor was any solicited.
ADJOURNMENT: Mayor Keenan adjourned the meetingl at 8:20 p.m. to Monday, March
8, 2004, beginning at 5:00 p.m. in the ~~ Board Ftoom.
~.~~
MAYOR OF THE CITY OF CyPREss
ATTEST:
I Y CLERK OF THE CITY OF CYPRESS
8