Minutes 2004-05-10
164
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 10, 2004
A regular meeting of the Cypress City Council was called to order at 5:04 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, and Deputy City Clerk.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Public Employee Performance Evaluation, pursuant to Government Code
Section 54957, Title: City Manager.
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 Negotiators: William W. Wynder and Richard Storey, Employee: City
Manager.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code Section
54956.6, Agency Negotiator: Richard Storey, Employee Group: Cypress Maintenance
Employees' Association.
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 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 04CC00136,
Orange County Superior Court - Civil Complex Center.
The City Attorney reported that the Redevelopment Agency and City Council would not
be meeting in Closed Session regarding Conference with Legal Counsel - Anticipated
Litigation, pursuant to Government Code Section 54956.9(b), Number of Cases: One.
At 5:06 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.
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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, Acting Public Works
Director, Recreation and Community Services Director, Administrative Services
Manager, Assistant Community Development Director, and Deputy City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Boy Scout Troop
660.
INVOCATION: The invocation was given by City Attorney Wynder.
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 City Council met in Closed Session regarding Public
Employee Performance Evaluation, pursuant to Government Code Section 54957, Title:
City Manager.
Mayor Keenan stated that it was with great pleasure that the City Council unanimously
affirmed their continued support and endorsement of the good work done by the City
Manager, and thanked the City Manager for his hard work over the past year.
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 Negotiators: William W. Wynder and Richard Storey, Employee: City Manager.
The City Attorney stated that the City Council unanimously directed the preparation of a
minor amendment to the City Manager's contract that will come back for formal Council
action at a future meeting.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Labor Negotiator, pursuant to Government Code Section 54956.6,
Agency Negotiator: Richard Storey, Employee Group: Cypress Maintenance
Employees' Association. The City Attorney stated that a status report was provided and
the outcome of an upcoming meeting of the Cypress Maintenance Employees'
Association will be reported back to the City's negotiator, and if all goes well, there may
be a Memorandum of Understanding coming forward on an upcoming Council agenda.
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 stated that a report was provided
regarding ongoing negotiations with Cottonwood Christian Center for the completion of
the transaction that has been preliminarily entered into between the City, the Agency,
and Cottonwood Christian Center.
The 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 54956.9(a), City of Los Alamitos v. City of
Cypress, Cypress Redevelopment Agency, et aI., Case Number 04CC00136, Orange
County Superior Court - Civil Complex Center. The City Attorney stated that the
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CITY COUNCIL MINUTES
MAY 10,2004
Council was advised of a mandatory CEQA settlement conference on May 27, 2004
and negotiating authority was requested. The City Council unanimously authorized
negotiating authority and directed that the Mayor participate in the settlement
conference as the elected representative of the City of Cypress.
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.
Gary Catron, Cypress, spoke regarding vehicles speeding in the City.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
None.
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 McCoy and seconded by Mayor Pro Tem Piercy, to
approve Consent Calendar Items No. 1 through 13.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL
26. 2004.
Recommendation: That the City Council approve the Minutes of the Meeting of April
26, 2004, as submitted.
Item NO.2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item NO.3: PROCLAIMING THE MONTH OF MAY, 2004. AS "NATIONAL MENTAL
HEALTH MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the month of
May, 2004, as "National Mental Health Month" in the City of Cypress.
Item NO.4: PROCLAIMING THE WEEK OF MAY 16-22. 2004. AS "NATIONAL
PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of May
16-24,2004, as "National Public Works Week" in the City of Cypress.
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MAY 10, 2004
Item NO.5: ADOPTION OF RESOLUTION REGARDING MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CALPERS).
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the Resolution by title
only, regarding member contributions to the California Public Employees' Retirement
System (CaIPERS).
RESOLUTION NO. 5754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, REGARDING MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS).
Item No.6: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-04,
A REQUEST TO INSTALL A STEALTH ANTENNA FACILITY ON AN EXISTING
OFFICE BUILDING.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 2004-04 - with conditions.
RESOLUTION NO. 5755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO.
2004-04 - WITH CONDITIONS.
Item NO.7: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR THE INSTALLATION OF TRAFFIC
SIGNAL INTERCONNECT/CCTV CABLE AT VARIOUS LOCATIONS. PUBLIC
WORKS PROJECT NO. 2003-42.
Recommendation: That the City Council: 1) Approve the plans and specifications for
the installation of Traffic Signal Interconnect/CCTV Cable at Various Locations, Public
Works Project No. 2003-42; and 2) Authorize City staff to advertise the project for bid.
Item NO.8: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE THE PROJECT FOR BID FOR REHABILITATION OF WALKER
STREET. ORANGE AVENUE, AND HOLDER STREET. PUBLIC WORKS PROJECT
NO. 2003-44.
Recommendation: That the City Council: 1) Approve the plans and specifications for
Rehabilitation of Walker Street, Orange Avenue, and Holder Street, Public Works
Project No. 2003-44; and 2) Authorize staff to advertise the project for bid.
Item No.9: AWARD OF CONTRACT FOR 2003-04 RESIDENTIAL STREET
RESURFACING, PUBLIC WORKS PROJECT NO. 2003-37.
Recommendation: That the City Council: 1) Determine the lowest responsible bidder
for Public Works Project No. 2003-37 to be All American Asphalt, P.O. Box 2229,
Corona, California 92878; and 2) Award a contract for 2003-04 Residential Street
Resurfacing, in the amount of $344,999.15, to All American Asphalt; and 3) Authorize
$34,500 (10% of Bid Amount) as contingency to be used for unforeseen work or
adjustment in quantities.
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Item NO.1 0: APPROVAL OF CONTRACT EXTENSION FOR AUDIT SERVICES FOR
THE FISCAL YEAR ENDED JUNE 30. 2004.
Recommendation: That the City Council approve the contract extension with Caporicci
& Larson, LLP for audit services for the fiscal year ended June 30, 2004.
Item No. 11: AMENDMENT TO CITY'S POSITION CLASSIFICATION PLAN
REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF PUBLIC
WORKS DIRECTOR/CITY ENGINEER.
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the updated class
specification for the regular full-time position of Public Works Director/City Engineer,
amending the City's classification plan.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
64504 THROUGH 64740.
Recommendation: Approve the attached warrant register.
RECREA nON & PARK DISTRICT MA TTERS:
Item No. 13: ACCEPTANCE OF THE OAK KNOLL PARK NORTH PLAYGROUND
EQUIPMENT RETROFIT AND INSTALLATION OF POURED-IN-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) Accept the Oak Knoll Park
North Playground Equipment Retrofit and Installation of Poured-in-Place Surfacing,
Public Works Project No. 2004-06, as being completed in substantial conformance with
the project specifications; and 2) Approve the final retention payment of $3,561 to Park
Specialties, P.O. Box 891833, Temecula, California 92589; and 3) 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.
END OF CONSENT CALENDAR
ORDINANCES: (SECOND READING)
Item No. 14: SECOND READING OF ORDINANCE 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).
It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Piercy, that
the City Council adopt the Ordinance by title only, approving Zoning Code Amendment
No. 2004-02.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
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MAY 10, 2004
ORDINANCE NO.1 057
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 LONG TERM OCCUPANCY)
AND SECTION 41, APPENDIX "A" OF THE CYPRESS ZONING
ORDINANCE (DEFINITIONS) BY ADDING A NEW DEFINITION
(HOTEL - LONG TERM STAY).
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: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
The following spoke from Boy Scout Troop #660 regarding their attendance at the
Council meeting in order to meet the requirements for obtaining a Communications
Merit Badge toward the Eagle Scout rank:
Raoul Palo
Kyle Van Dieren
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Participated in a conference call with members of the O.C. Fire Authority Board
regarding Prop 172 negotiations.
Council Member McCoy:
Attended the ribbon cutting ceremony for Cypress Auto Spa.
Council Member Sondhi:
Participated in Cypress Celebrates the Arts as Master of Ceremonies for the youth
event. Attended two subcommittee meetings for the Housing and Community
Development Commission.
Mayor Pro Tem Piercy:
Attended awards night for Cypress Celebrates the Arts for the youth juried art show.
Attended an O.C. Sanitation District Board meeting where the groundwater
replenishment construction contract was approved and a yearly increase of fees of 15%
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MAY 10,2004
was approved. Attended an O.C. Sanitation District Operations, Maintenance, and
Technical Services subcommittee meeting where approval was given to purchase a
ship for monitoring purposes.
Mavor Keenan:
Attended an Executive Steering Committee meeting for the League of California Cities
where an update was given on negotiations with the Governor regarding funding for
cities. Attended a League of California Cities fundraiser with Council Member McGill for
an initiative that would not allow the State to take away city funds. The Mayor stated
that the City held a budget workshop, that the budget is balanced, and that the City's
budget picture looks good. Attended an O.C. Transportation Authority meeting where a
budget workshop was held. He stated that the OCT A budget is impacted by health
costs and workers' compensation costs, which may increase bus fares.
Other Items:
1. Discussion Regarding Request from the Orange County Regional Airport
Authority (OCRAA) for Commitment of Funds for Fiscal Year 2004-2005
(Requested by Council Member Sondhi)
Council Member Sondhi stated that the Orange County Regional Airport Authority is
requesting a voluntary contribution for the next fiscal year based upon the size of the
city. Cypress has contributed $6,000 per year and she recommends and encourages
the City's funding of OCRAA.
It was moved by Council Member McCoy and seconded by Mayor Pro Tem Piercy, to
approve funding for Fiscal Year 2004-2005 and to re-evaluate the City's contribution
next year.
Mayor Keenan stated that funds for this contribution are not budgeted in next year's
budget.
Council Member McGill stated that the likelihood of Seal Beach or Los Alamitos bases
closing or becoming commercial airstrips are very low and that he does not see a long
life for the O.C. Regional Airport Authority.
Council Member Sondhi stated that OCRAA serves as a watch dog and provides
monitoring and advocacy efforts.
Mayor Keenan stated that he could not support the motion and that only four of eleven
cities in OCRAA are currently paying. He stated that OCRAA is providing a duplication
of effort with other organizations that are out there.
Mayor Pro Tem Piercy stated that cities still need to be alert for other possibilities and
have a lot to lose if the bases at Los Alamitos and Seal Beach should expand.
The City Manager suggested that the motion be amended to direct staff to make the
appropriate adjustments in the budget that is set for adoption at the May 24, 2004
meeting.
Council Member McCoy amended his motion to approve funding for Fiscal Year 2004-
2005 and directed staff to make the appropriate adjustments in the budget.
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: McCoy, McGill, Sondhi and Piercy
1 COUNCILMEMBERS: Keenan
o COUNCILMEMBERS: None
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MAY 10, 2004
ITEMS FROM CITY MANAG ER:
No items.
Mayor Keenan encouraged the City Council Members to consider running for one of the
five open seats on the Executive Steering Committee for the League of California
Cities.
Council Member McGill asked that the Fallen Firefighter Memorial be agendized for
discussion for the next City Council meeting.
ADJOURNMENT: Mayor Keenan adjourned the meeting at 8:04 p.m. to Monday, May
24,2004, beginning at 5:30 p.m. in the Executive Board Room.
~~
MA OR OF THE CITY OF CYPRESS
ATTEST:
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