Minutes 2004-03-22
132
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIIL
HELD
March 22, 2004
A regular meeting of the Cypress City Council was callelj to order at 5:03 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange AvEmue, Cypress, California.
PRESENT:
Council/Agency Board Members McGill, Sondhi, Mayor Pro
Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan
ABSENT:
Council/Agency Board Member McCoy
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Assistant City Manager, Public Works Director, Chief of Police,
Recreation and Community Services Director, Administrative Services Manager,
Recreation Services Manager, Recreation SuperintendHnt, City Clerk, and Deputy City
Clerk.
SENIOR CITIZENS COMMISSION:
PRESENT:
Commissioners Christopher, Fifield, Hooven, Narain, McMillan, and
Siler.
ABSENT:
Commissioner Schnipper
Mayor Keenan stated the meeting with the Commission was to provide an opportunity
for communication on what the Commission has been working on for the past year and
work plan for the upcoming year.
Commissioner Narain stated that for the past year the Senior Citizens Commission has
been focusing on transportation with the development of a taxi voucher program,
establishing an adult day care center, legislation, and housing issues.
Commissioner Narain stated that the work plan for the next year includes
transportation, senior assisted living, affordable housin!J, and senior health issues. He
stated that the Commission would like the City Council's assistance on disseminating
information to Cypress seniors.
Council Member Sondhi asked about a possible database of seniors in Cypress, which
would provide more information on what services seniors might need.
The City Manager asked the Commission about services and programs the City
currently offers seniors that they felt should be continuod on an annual basis and also
what programs might need to be eliminated or reinvented.
Commissioner Narain stated that the Cypress Senior Center is popular with seniors in
Cypress and surrounding communities.
Commissioner Christopher stated that the Senior Meals and Services Program is a
necessity, especially because of senior transportation issues.
Commissioner Narain asked what the City Council expectations are of the Senior
Citizens Commission.
Council Member McGill stated that he would like the Commission to continue with
senior housing and networking with other organizations.
CITY COUNCIL MINUTES
133
MARCH 22, 2004
Commissioner Christopher commended staff for their assistance with the Commission.
Mayor Keenan thanked the Senior Citizens Commission for their time and commitment
to the community, and for their tree donation for Arbor Day.
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.
At 5:30 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.
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, City
Clerk, and Deputy 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 proclamation to representatives from the West Cities Police
Communications Center, for "National Public Safety Dispatcher Week."
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
The City Manager reported that the City Council held a joint meeting with the Senior
Citizens Commission to provide an update on current Commission activities and
projects, and to seek ideas and suggestions for improvement.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the Council met in Closed Session regarding
Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code
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CITY COUNCIL MINUTES
MARCH 22, 2004
Section 54956.9(b), Number of Cases: Two. The City Attorney stated that a privileged
and confidential status report was rendered to the Council. Continuing and developing
ongoing litigation avoidance strategies were discussed with the Council and the City
Council unanimously authorized the continued pursuit of such strategies.
The City Attorney reported that a discussion was not tleld 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.
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.
Mary Crowder, Cypress, spoke regarding the Holder Street Bridge project.
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. 92-15, A REQUEST TO ALLOW AN AFTER SCHOOL TUTORING
CENTER IN AN EXISTING KOREAN CHURCH LOCATED AT 5271 LINCOLN
AVENUE WITHIN THE COMMERCIAL MIXED USE OF THE LINCOLN AVENUE
SPECIFIC PLAN.
The Assistant Planner provided background information on this item.
Council Member Sondhi asked about the relationship of the applicant to the church.
The Assistant Planner stated that the applicant is a current member of the church and
that the tutoring program is being sponsored by the church.
The public hearing was opened.
The applicant, Michael Huh, was available to answer any questions.
Mayor Pro Tem Piercy asked if the tutoring was for church members only.
Mr. Huh stated that the tutoring is open to the general public.
Council Member Sondhi asked about the capacity that will be served.
Mr. Huh stated that the total number will be based on what the facility will be able to
accommodate. He estimated the total at approximately 120.
Mayor Keenan asked if there was anyone who wished to speak in favor of the item.
Steve St. Clair, Cypress, 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.
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CITY COUNCIL MINUTES
135
MARCH 22, 2004
It was moved by Council Member McCoy and seconded by Council Member McGill, to
adopt the Resolution by title only, approving amendment to Conditional Use Permit No.
92-15 - With Conditions.
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. 5747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 92-15 - WITH CONDITIONS.
Item No.2: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE
PERMIT NO. 78-18, A REQUEST TO UPGRADE THE EXISTING OFFSALE BEER
AND WINE LICENSE TO AN OFFSALE GENERAL ALCOHOL LICENSE FOR J & B
MARKET AND VIDEO LOCATED AT 4490 LINCOLN AVENUE IN THE COMMERCIAL
MIXED USE OF THE LINCOLN SPECIFIC PLAN AREA.
The Assistant Planner provided background information on this item.
The public hearing was opened.
The applicant, Michael Debbas, stated that he would like to upgrade from beer and
wine to hard liquor.
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.
Council Member McCoy asked about police activity at or near the business.
The Police Chief stated that there has been one burglary call but beyond that, there
have not been any calls of concern at the location.
It was moved by Council Member McCoy and seconded by Council Member Sondhi, to
adopt the Resolution by title only, approving amendment to Conditional Use Permit No.
78-18 - With Conditions.
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. 5748
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 78-18 - WITH 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.
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CITY COUNCIL MINUTES
MARCH 22, 2004
Mayor Keenan requested Item No.5 be pulled from the Consent Calendar.
It was moved by Council Member McCoy and seconded by Mayor Pro Tem Piercy, to
approve Consent Calendar Items No.3, 4, and 6 through 14.
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
MARCH 8. 2004.
Recommendation: That the City Council approve the Minutes of the Meeting of March
8, 2004, as submitted, with Mayor Keenan abstaining on the Minutes 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.6: PROCLAIMING THE WEEK OF APRIL 12-16, 2004, AS "NATIONAL
PUBLIC SAFETY DISPATCHER WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of April
12-16, 2004, as "National Public Safety Dispatcher Week" in the City of Cypress.
Item No.7: AUTHORIZATION TO CREATE AN AD-HOC TECHNICAL ADVISORY
COMMITTEE COMPRISED OF REPRESENTATIVES FROM THE NORTHWEST
ORANGE COUNTY CITY MANAGERS GROUP TO REPRESENT THE WEST
ORANGE COUNTY CITIES ASSOCIATION.
Recommendation: That the City Council authorize the change in format for
representation to the West Orange County Cities Association through the creation of an
ad-hoc Technical Advisory Committee comprised of representatives of the City
Managers of the Northwest Orange County City Managers group.
Item No.8: ADOPTION OF AMENDMENT NO.8 TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT.
Recommendation: That the City Council approve Amendment No.8 to Cooperative
Agreement No. C-95-970 with the Orange County Transportation Authority and
authorize the Mayor to execute said agreement.
Item No.9: APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO
SOLICIT BIDS FOR 2003-04 RESIDENTIAL STREET RESURFACING, PUBLIC
WORKS PROJECT NO. 2003-37.
Recommendation: That the City Council: 1) Approve the design specifications for
2003-04 Residential Street Resurfacing, Public Works Project No. 2003-37; and 2)
Authorize City staff to solicit bids for this project.
Item No. 10: ACCEPTANCE OF FINAL TRACT MAP NO. 16503. PROPERTY
LOCATED AT 8701-8703 BELMONT STREET.
Recommendation: That the City Council approve Final Tract Map No. 16503 and
authorize the City Clerk to sign the record map.
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CITY COUNCIL MINUTES
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MARCH 22, 2004
Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
FEBRUARY. 2004,
Recommendation: Receive and file.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
63680 THROUGH 63913.
Recommendation: Approve the attached warrant register.
RECREA nON & PARK DISTRICT MA TTERS:
Item No. 13: AWARD OF CONTRACT FOR ARNOLD/CYPRESS PARK NORTH
RESTROOM REMODEL. PUBLIC WORKS PROJECT NO. 2003-26.
Recommendation: That the City Council, acting as ex-officio governing Board of
Directors for the Cypress Recreation and Park District: 1) Determine the lowest
responsible bidder for Public Works Project No. 2003-26 to be Thomco Construction,
Inc., 2121 W. Crescent Avenue, Suite A, Anaheim, California 92801; and 2) Award a
contract for the Arnold/Cypress Park North Restroom Remodel in the amount of
$24,077.32 to Thomco Construction, Inc.; and 3) Authorize a five percent (5%)
contingency in the amount of $1,200 to be used for unforeseen work or adjustment in
quantities.
Item No. 14: AWARD OF CONTRACT FOR OAK KNOLL PARK (NORTH)
PLAYGROUND EQUIPMENT RETROFIT AND INSTALLATION OF POURED-lN-
. .
PLACE SURFACING, PUBLIC WORKS PROJECT NO. 2004-06.
Recommendation: That the City Council, acting as ex-officio governing Board of
Directors for the Cypress Recreation and Park District: 1) Determine the lowest
responsible bidder for Public Works Project No. 2004-06 to be Park Specialties, P.O.
Box 891833, Temecula, California 92589; and 2) Award a contract for Oak Knoll Park
(North) Playground Equipment Retrofit and Installation of Poured-in-Place Surfacing in
the amount of $32,392 to Park Specialties; and 3) Authorize $3,239 (10% of Bid
Amount) as contingency to be used for unforeseen work or adjustment in quantities.
Reqardinq Item No.5: PROCLAIMING MARCH 20. 2004, AS "ARBOR DAY" IN
THE CITY OF CYPRESS, Mayor Keenan commended Recreation staff for their efforts
with the event.
It was moved by Mayor Keenan and seconded by Mayor Pro Tem Piercy, that the
Mayor and City Council officially proclaim March 20, 2004, as "Arbor Day" 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 CALENDAR
ORDINANCES: (SECOND READING)
Item No. 15: SECOND READING OF ORDINANCE APPROVING DEVELOPMENT
AGREEMENT NO. 2003-01 BETWEEN THE CITY OF CYPRESS AND
COTTONWOOD CHRISTIAN CENTER. INC.
It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, that
the City Council adopt the Ordinance by title only and waive further reading, approving
Development Agreement No. 2003-01 between the City of Cypress and Cottonwood
Christian Center, Inc. ("Developer").
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CITY COUNCIL MINUTES
MARCH 22, 2004
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
ORDINANCE NO. 1053
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").
Item No. 16: SECOND READING OF ORDINANCE APPROVING 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.
It was moved by Mayor Pro Tem Piercy and seconded by Council Member McCoy, that
the City Council adopt the Ordinance by title only and waive further reading, adopting
an amendment to Sections VII.C.6 and VII.D., of the Cypress Business and
Professional Center Specific Plan, amending signage and landscape criteria,
respectively.
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
ORDINANCE NO.1 054
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,
RESPECTIVEL Y.
Item No. 17: SECOND READING OF ORDINANCE LEVYING A SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES).
It was moved by Mayor Pro Tem Piercy and seconded by Council Member Sondhi, that
the City Council adopt the Ordinance by title only and waive further reading, 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:
5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
ORDINANCE NO.1 055
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.
UNFINISHED BUSINESS
No ìtems.
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CITY COUNCIL MINUTES
139
MARCH 22, 2004
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.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member Sondhi:
Attended a State League Policy Committee of Housing, Community, and Economic
Development meeting where current legislation and its impacts were discussed.
Mayor Pro Tem Piercy:
Attended the Hotline Casino Night fund raiser. Attended the Arbor Day event.
Mayor Keenan:
Attended a meeting in Washington, D.C. on behalf of the O.C. Transportation Authority
regarding transportation funding. Attended an O.C. Transportation Authority Board
meeting where a discussion of the 405 Freeway Major Investment Study was held.
Attended the Rotary spaghetti dinner at the Cypress SEtnior Center. Attended the Arbor
Day event. Hosted Senator Lisa Murkowski from Alaska who was here to receive a
briefing on transportation issues.
Mayor Pro Tem Piercy requested a review of the Recrøation and Community Services
Department policy regarding rental of City facilities.
The City Manager stated that staff is currently undertaking an analysis of other cities for
fees and policies, which will be presented to the City Council at a future workshop.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Keenan adjourned the meeting at 7:50 p.m. to Monday, April
12, 2004, beginning at 5:00 p.m. in the Executive Board Rùom.
~~/
MAYOR OF THE CITY OF CYPRESS
ATTEST:
8