Minutes 2004-03-08
119
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 8, 2004
A regular meeting of the Cypress City Council was called to order at 5:05 p.m. by Mayor
Pro Tem Piercy in the Executive Board Room, 5~~75 Orange Avenue, Cypress,
California.
PRESENT:
Council/Agency Board Members McCoy, McGill, Sondhi, Mayor Pro
Tem/Agency Vice Chair Piercy
ABSENT:
Mayor/Agency Chair Keenan
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager,
Director of Finance and Administrative Services, Public Works Director, Police Chief,
Recreation and Community Services Director, Recreation Superintendent, City Clerk,
and Deputy City Clerk.
RECREATION & COMMUNITY SERVICES COMMISSION:
PRESENT: Commissioners Ashman (arrived at 5:14 p.m.), Bell, Fowler,
Hucker, Johnson, Luebben and Woodson.
ABSENT:
None
Mayor Pro Tem Piercy stated that the purpose of the joint meeting was to provide the
City Council and Recreation and Community Services Commission the opportunity to
discuss current projects and/or issues.
Commissioner Woodson stated the items the Commission would like to discuss
included skate park elements in City parks, results of a recent resident survey, City
Council recognition of the holiday decorating contest award recipients, and City Council
expectations of the Commission.
Commissioner Woodson stated that the Commission is interested in knowing the City
Council's and community's current feelings regarding skate park elements in each of
the City parks.
Council Member Sondhi stated that the City Council is committed to having some sort
of elements in the parks and the Commission's role would be to identify when and
where these elements could be installed.
Commissioner Luebben stated that there has been discussion at the Commission level
as to whether or not skate park elements in other parks would be a good use of money
at this time or in the future.
Council Member McCoy stated that he felt the resident survey would help identify areas
of importance to the community.
Mayor Pro Tem Piercy stated that she felt some type of skate element needs to be in
every park, especially for the younger, inexperienced children.
Council Member McGill asked who the resident survey was going to.
Commissioner Woodson stated that a survey had been done with limited success.
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CITY COUNCIL MINUTES
MARCH 8, 2004
Commissioner Fowler stated that the first survey was done at a Concert on the Green
and another through the Recreation brochure that is mailed to Cypress residents. She
stated that only 28 responses were received.
Council Member McCoy suggested that the Commission consider contacting the school
districts to send surveys home with the students.
Council Member Sondhi stated that a more specific survey on programs and facilities
would be more effective.
Commissioner Woodson stated that there were comments expressed that the City
Council should have given the awards for the holiday decorating contest instead of the
Commission.
Council Member McCoy suggested that a joint presentation to award winners be made
by both the City Council and Commission.
Council Member Sondhi stated that possibly the Commission could present the results
at a City Council meeting with the recipients invited to participate.
Council Member McCoy stated that he would like the Commission to investigate the
feasibility of a temporary dog park in the City of Cypress, possibly at Darryl Essex Park.
Mayor Pro Tem Piercy asked the Commission to keE~p the Youth Action Committee
active and involved in the community.
Council Member McCoy thanked the Commissioners for their time and stated that their
efforts are appreciated.
The City Attorney reported that the Redevelopment Agemcy 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, 24'1-091-33, 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 anej 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 Casøs: Three.
At 5:40 p.m., the Mayor Pro Tem recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. by
Mayor Pro Tem Piercy.
PRESENT: Council/Agency Board Members McCoy, McGill, Sondhi, Agency Vice
Chair/Mayor Pro Tem Piercy
ABSENT:
Mayor/Agency Chair Keenan
STAFF PRESENT: City Manager, City Attorney, Agency Counsel, Director of
Finance and Administrative Services, Assistant City Manager, Chief of Police, Public
Works Director, Recreation and Community Services Director, Police Captain,
Administrative Services Manager, Assistant Community Development Director, City
Clerk, and Deputy City Clerk.
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CITY COUNCIL MINUTES
121
MARCH 8, 2004
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
McGill.
INVOCATION: The invocation was given by Agency Counsel Slater.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor Pro Tem asked for the report of the Workshop Agenda items discussed
earlier in the evening.
The City Manager reported that the City Council held it's annual workshop with the
Recreation and Community Services Commission. He stated that the City Council has
given direction to staff to return with some potential revisions to policies relative to the
Commission.
The Mayor Pro Tem asked for the report of the Closed Session Agenda items
discussed earlier in the evening.
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 Walkør 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 settlement discussion was
held with respect to the possible marketing and/or development of the out-parcels.
There was a discussion of the status of those negotiations and the Agency unanimously
directed staff to continue with those negotiations.
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 the City
Council considered only one of the three cases listed. A strategy discussion was held
regarding the facts and circumstances, which could giVE! rise to litigation in one case. A
litigation avoidance strategy was recommended and the City Council unanimously
authorized the pursuit of that strategy.
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 Pro T em Piercy asked anyone who wished to spe!ak 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.
2003-05. DESIGN REVIEW COMMITTEE PERMIT NO. 2003-02. TENTATIVE
PARCEL MAP NO. 2003-138, DEVELOPMENT AGREEMENT NO. 2003-01,
SPECIFIC PLAN AMENDMENT NO. 2003-01: PROPOSED DEVELOPMENT OF A
NEW CHURCH CAMPUS ON APPROXIMATELY ~:O ACRES OF LAND WITH
APPROXIMATELY 495,000 SQUARE FEET OF NEW BUILDING PLUS THREE (3)
PARKING STRUCTURES PROPOSED TO BE DEVELOPED IN A MAXIMUM OF
FOUR (4) PHASES AT THE NORTHEAST CORNffi OF KATELLA AVENUE AND
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CITY COUNCIL MINUTES
MARCH 8, 2004
LEXINGTON DRIVE WITHIN THE CYPRESS BUSINESS AND PROFESSIONAL
CENTER SPECIFIC PLAN AREA AND THE PS (PUBLIC AND SEMI-PUBLIC) ZONE.
The Assistant Community Development Director provided background information on
this item.
The Assistant Community Development Director statød there was one change that
needed to be made to the Development Agreement on page 21, Paragraph 7.14, the
word "days" needed to be removed.
Council Member McGill stated that the City of Cypress met with the City of Los Alamitos
to discuss traffic issues related to the project.
The public hearing was opened.
The applicant, Bayless Conley, Senior Pastor, Cottonwood Christian Center, thanked
the City and staff, and stated that he looked forward to being able to start the project
that will benefit the community and neighbors.
Mayor Pro Tern Piercy asked if there was anyone who wished to speak in favor of the
item.
Mayor Pro Tem Piercy asked if there was anyone who wished to speak against the
item.
Beth Pilburn, Los Alamitos, stated that she is not against the project but is against the
traffic mitigation.
The public hearing was closed.
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 Resolution by title
only, title as follows, approving Conditional Use Permit No. 2003-05, Design Review
Committee Permit No. 2003-02 and Tentative Parcel Map No. 2003-138, subject to the
conditions attached in Exhibit "A" of the Resolution.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4
0
1
COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Piercy
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Keenan
RESOLUTION NO. 574:2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. ~W03-05, DESIGN REVIEW
COMMITTEE PERMIT NO. 2003-02 AND TENTATIVE PARCEL MAP NO.
2003-138 - WITH CONDITIONS.
It was moved by Council Member McCoy and secondEid by Council Member McGill, to
introduce the Ordinances for first reading by title only, approving Development
Agreement No. 2003-01 between the City of Cypress and Cottonwood Christian Center,
Inc. (Developer), and adopting an amendment to Sec~tions VILC.S And VILD., of the
Cypress Business and Professional Center Specific Plan, amending signage and
landscaping criteria, respectively.
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CITY COUNCIL MINUTES
123
MARCH 8, 2004
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4
0
1
COUNCIL MEMBERS: McCoy, McGill, Sondhi, and Piercy
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Keenan
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DEVELOPMENT AGREEMENT NO. 2003-01 BETWEEN
THE CITY OF CYPRESS AND COTTONWOOD CHRISTIAN
CENTER, INC. (DEVELOPER).
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING AN AMENDMENT TO SECTIONS VII.C.6 AND VII.D.,
OF THE CYPRESS BUSINESS AND PROFESSIONAL CENTER
SPECIFIC PLAN, AMENDING SIGNAGE AND LANDSCAPING
CRITERIA, RESPECTIVELY.
The meeting was recessed at 7:55 p.m.
The meeting was reconvened at 8:07 p.m.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calenäar" are to be considered by the
City Council to be routine and will be enacted lJY one motion approving the
recommendations listed on the Agenda.
Council Member McGill requested Item No.5 be pulled jfrom the Consent Calendar.
Council Member Sondhi requested Item No.4 be pulled from the Consent Calendar.
It was moved by Council Member McCoy and seconded by Council Member McGill, to
approve Consent Calendar Items No.2, 3, and 6 through 8.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Piercy
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Keenan
Item No.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
FEBRUARY 23. 2004.
Recommendation: That the City Council approve ttle Minutes of the Meeting of
February 23, 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.6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-03,
A REQUEST BY AVG PARTNERS TO APPROVE A SIGN PROGRAM FOR THE NEW
SEVEN (7) ACR!= COMM£.RCIAL COOER AT THE NORTHWEST CORNER OF
KA TELLA AVENUE AND SIBONEY STREET.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 2004-03.
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CITY COUNCIL MINUTES
MARCH 8, 2004
RESOLUTION NO. 574S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT
NO. 2004-03.
Item No.7: ACCEPTANCE OF CONTRACT FOR CONSTRUCTION OF ENTRY
MONUMENT SIGNS ON MEDIAN ISLAND OF VALLEY VIEW STREET, PUBLIC
WORKS PROJECT NO. 2001-25.
Recommendation: That the City Council: 1) Authorize the transfer of $14,000 from the
City's Liability Fund (Fund 96) unreserved balance to the Capital Improvement Fund
(Fund 15); and 2) Appropriate $14,000 from the fund balance of the Capital
Improvement Fund to Account No. 4186-15-437-27; and 3) Approve Contract Change
Order No.1 in the amount of $14,000 for the repair of Monument Entry Sign on Median
Island of Ball Road; and 4) Accept the contract for Construction of Entry Monument
Signs on Median Island of Valley View Street, Public Works Project No. 2001-25, as
being satisfactorily completed in substantial conformance with the project specifications
in the final amount of $50,890; and 5) Approve the fina.l retention payment of $5,089 to
LH Engineering, Inc., 708 Valley Street, Suite Q, Anahøim, California 92801, thirty-five
(35) days after the Notice of Completion is filed, if no claims or objections have been
filed; and 6) 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.8: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
63475 THROUGH 63679.
Recommendation: Approve the attached warrant register.
Reqardinq Item No.4: DESIGNATION OF REDEVELOPMENT SURVEY AREA
FOR PROPOSED AMENDMENT AREA TO THE LINCOLN AVENUE
REDEVELOPMENT PROJECT AREA, Council Membør Sondhi asked for clarification
as to how locations were chosen.
The Assistant City Manager stated that all of the parcels, with only a few exceptions,
are essentially within the boundaries of the Lincoln Avenue Redevelopment Project
Area. They were originally excluded primarily due to the opposition of the current
property owners. He stated there are many new property owners and staff has met with
most of these owners.
It was moved by Council Member Sondhi and seconded by Council Member McCoy,
that the City Council adopt the Resolution by title only, designating a Redevelopment
Survey Area for study purposes for the proposed area to be added by amendment to
the Lincoln Avenue Redevelopment Project Area.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Piercy
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Keenan
RESOLUTION NO. 574:3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY
PURPOSES FOR THE PROPOSED AREA TO BE ADDED BY
AMENDMENT TO THE LINCOLN AVENUE REDEVELOPMENT
PROJECT AREA.
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CITY COUNCIL MINUTES
MARCH 8. 2004
Reqardinq Item No.5: ADOPTION OF RESOLUTION MODIFYING PARKING
RESTRICTIONS IN THE CIVIC CENTER PARKING AREA, Council Member McGill
suggested continuing this item for two weeks in order for staff to work with the residents
of the Fieldstone project, as it was represented to them that the parking at City Hall is
available as overflow parking to them.
Mayor Pro Tem Piercy stated that the restrictions are for Monday through Friday, 7:00
a.m. to 10:00 p.m. and overnight parking on weekønds, therefore parking on the
weekends during the day is not being precluded. She stated that clarification needs to
be made with the homeowners but delaying the decision is not necessary.
It was moved by Council Member McGill and seconded by Council Member McCoy, that
the City Council adopt the Resolution by title only, modifying parking restrictions in the
Civic Center parking area.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Piercy
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Keenan
RESOLUTION NO. 5744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
MODIFYING PARKING RESTRICTIONS IN THE CIVIC CENTER
PARKING AREA.
END OF CONSENT CALENDAR
ORDINANCES: (SECOND AEAD~
Item No.9: SECOND READING OF ORDINANCE ADOPTING ZONING
ORDINANCE AMENDMENT NO. 2004-01. A REQUEST TO ELIMINATE TWO (2)
DEVELOPMENT STANDARDS OF THE PC-1 PLANNED COMMUNITY BUSINESS
PARK ZONE.
It was moved by Council Member McCoy and seconded by Council Member Sondhi,
that the City Council adopt the Ordinance by title only, and waive further reading,
adopting amendment to the Cypress Zoning Ordinance No. 2004-01 to delete two
development standards of the PC-1 Planned Community Business Park Zone.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: McCoy, McGill, Sondhi, and Piercy
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Keenan
ORDINANCE NO.1 052
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.
UNFINISHED BUSINESS:
No items.
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126
CITY COUNCIL MINUTES
MARCH 8, 2004
NEW BUSINESS
Item No. 10: ISSUANCE OF SPECIAL TAX REFUNDING BONDS FOR AND ON
BEHALF OF COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) OF
THE CITY OF CYPRESS.
The Director of Finance and Administrative Services provided background information
on this item.
It was moved by Council Member McGill and seconded by Council Member Sondhi,
that the City Council, acting as the legislative body of Community Facilities District No.1
(Sorrento Homes) of the City of Cypress: 1) Adopt the Resolution by title only,
authorizing the issuance and sale of special tax refunding bonds, and approving and
authorizing related documents and actions; and 2) Introduce the Ordinance for first
reading by title only, levying a special tax within Community Facilities District No.1
(Sorrento Homes) of the City of Cypress.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: McCoy, McGill" Sondhi, and Piercy
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Keenan
RESOLUTION NO. 57416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING THE ISSUANCE AND SALE OF SPECIAL TAX
REFUNDING BONDS, AND APPROVING AND AUTHORIZING RELATED
DOCUMENTS AND ACTIONS, COMMUNITY FACILITIES DISTRICT
NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
LEVYING A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT
NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTER~
Acting as the Cypress Redevelopment Agency.
The Cypress City Council,
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Allen Crowder, Cypress, spoke regarding abandoned railroad tracks on Valley View
Street.
The Public Works Director stated that an agreement was made with the railroads to
remove the tracks. The process has begun on Crescent and will be moving throughout
the City"
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Pro Tem Piercy requested reports from the Council Members on their respective
committee assignments.
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CITY COUNCIL MINUTES
MARCH 8, 2004
Council Member McGill:
Attended an O.C. Fire Authority Board meeting where Prop 172 was discussed.
Council Member Sondhi:
Attended a Housing and Community Development Commission meeting where a "state
of the nation" was presented. Attended the Cypress Conege Americana Awards.
Mayor Pro T em Piercy:
Attended an O.C. Sanitation District meeting where Memorandum of Understanding's
for management personnel were discussed. Attendød an O.C. Sanitation District
Operations and Maintenance meeting where biosolids were discussed. Attended the
Cypress College Americana Awards.
ITEMS FROM CITY MANAGER:
The City Manager commended the efforts and time put in by staff for the
Cottonwood/Costco project.
ADJOURNMENT: Mayor Pro Tem Piercy adjourned the meeting at 8:40 p.m. to
Monday, March 15, 2004, beginning at 5:00 p.m. in the Executive Board Room.
~~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
9