Minutes 2004-08-09
228
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 9, 2004
A regular meeting of the Cypress City Council was called to order at 5:03 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council/Agency Board Members McCoy (arrived at 5:37 p.m.),
McGill, Sondhi, Mayor Pro Tem/Agency Vice Chair Piercy,
Mayor/Agency Chair Keenan
ABSENT:
None
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager,
Director of Finance and Administrative Services, Chief of Police, Recreation and
Community Services Director, Assistant Community Development Director,
Administrative Services Manager, Recreation and Community Services Superintendent,
Public Works Superintendent, Associate Engineer, and City Clerk.
The Recreation and Community Services Director stated that in March, 2004, the City
Council reviewed the non-profit request from the groups requesting assistance/use of
facilities in the city. During that meeting, the City Council directed staff to notify Pop
Warner that effective in 2006 that the facilities within Cypress would not be available for
their use. She stated that staff met with the President of Pop Warner and provided a
letter stating the City's concerns. Following that meeting, a letter was received from Pop
Warner and staff met again with the Executive Board from Pop Warner and discussed
the issues. Pop Warner indicated a desire to meet with the City Council to discuss their
program and concerns of the Council.
Gary Roth, Cypress Pop Warner, provided information about the Pop Warner program.
He stated that if the City Council does not allow the organization to use the fields in two
years, they will no longer exist as an organization because they have no other place to
play.
Tammy Yarborough, Cypress Pop Warner, stated that the organization has provided a
positive experience for her children through football and cheerleading. She stated that
the scholastic program requires report cards be submitted for eligibility and the
organization recognizes those who excel at the local, conference, and national level.
Mr. Roth stated that Pop Warner is a non-profit organization and that part of their
budget is spent in Cypress through contracts they havE~ with businesses for equipment
and services.
Ms. Yarborough stated that Pop Warner sponsors families who cannot financially afford
to participate in the organization.
Mr. Roth stated that he believes the complaints regarding disrespect for the residents
are primarily caused by teams outside of the Cypress program. He stated that to
address this issue, signs have been placed to disallow parking in the cul-de-sac areas
near the park.
Mayor Pro Tem Piercy stated that she was under the impression that other cities were
involved in the program and that another city could host the program. She does not
have any problem with Pop Warner being allowed to remain and use the City's fields
but she wants the problems addressed.
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229
AUGUST 9, 2004
Council Member McGill stated that his concern is with the complaints received from the
residents living near the park. He is glad to see the recommendations and proactive
approach from the Pop Warner Board.
Council Member Sondhi stated that she appreciated the information provided about the
nature of the organization and what it does provide for youth.
Mr. Roth stated that the new Board has worked very hard and they will do whatever it
takes to keep the fields available to the organization.
Mayor Keenan proposed that the City Council work with staff and reconsider the issue.
Mike Parcels, Cypress Pop Warner coach, stated that non-resident participants attend
Cypress schools or have businesses/work in the City of Cypress.
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 and Redevelopment Agency 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, would not be held.
At 5:40 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 7:02 p.m. by
Mayor Keenan.
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, Assistant City Manager,
Director of Finance and Administrative Services, Chief of Police, Recreation and
Community Services Director, Assistant Community Development Director,
Administrative Services Manager, Public Works Superintendent, Associate Engineer,
and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Keenan.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Mayor presented a Certificate of Special Recognition to Pat Ochoa, American
Legion Post #295, in recognition of their $1,000 donation to the Cypress Police
Department D.A.R.E. Program.
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CITY COUNCIL MINUTES
AUGUST 9, 2004
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 heardl a presentation by Cypress Pop
Warner regarding a letter they received from the City indicating potential termination of
the use of facilities in approximately two years time. Pop Warner officials asked for the
Council's reconsideration of that decision, made a pmsentation regarding the various
changes that they propose to make to accommodatEl the Council's issues, primarily
residential complaints, and staff has been directed to evaluate the recommendations
and bring this information back at a later date for a full presentation.
The Mayor 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, 24'1-091-25, 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 Walkl3r 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 the Redevelopment Agency
unanimously authorized staff to prepare and return for a future public consideration of
an exclusive agreement to negotiate with a recommended developer with respect to the
outparcels.
The City Attorney reported that the City Council and Redevelopment Agency 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 was not tleld because the Orange County
Superior Court has entered its order dismissing the lawsuit, which concludes the matter.
The Stipulation and Order of Dismissal will be available later this week in the City Clerk's
Office for public inspection.
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.
Craig Durfey, Garden Grove, spoke regarding Parents for Rights of Developmentally
Disabled Children and a legislative proposal to amend the Federal Amber Alert.
Mary Crowder, Cypress, spoke regarding dead crows in the parks and streets.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
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CITY COUNCIL MINUTES
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AUGUST 9, 2004
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calemiar" 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.
Council Member McGill requested that Item NO.1 be pulled from the Consent Calendar.
It was moved by Council Member Sondhi and seconded by Council Member McCoy, to
approve Consent Calendar Items NO.2 through 6.
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.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: A REQUEST BY PACIFICARE FOR A ONE-YEAR EXTENSION OF
CONDITIONAL USE PERMIT NO. 2003-08, FOR THE CONSTRUCTION OF A FOUR-
STORY PARKING STRUCTURE LOCATED AT 5701 KATELLA AVENUE IN THE PC-
3 ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
the extension of Conditional Use Permit No. 2003-08, subject to the conditions attached
in Exhibit "A" of the Resolution.
RESOLUTION NO. 5786
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A ONE-YEAR EXTENSION OF CONDITIONAL USE
PERMIT NO. 2003-08 - WITH CONDITIONS.
Item NO.4: AWARD OF CONTRACT FOR CYPRESS ACRES STREET AND
STORM DRAIN IMPROVEMENTS, PHASE 4, MERTEN AVENUE AND LA SALLE
STREET, PUBLIC WORKS PROJECT NO. 2003-09.
Recommendation: That the City Council: 1) Determine the lowest responsible bidder
for Cypress Acres Street and Storm Drain Improvements, Phase 4, Merten Avenue and
La Salle Street, Public Works Project No. 2003-09, to be Sequel Contractors, Inc.; and
2) Award a contract for Public Works Project No. 2003-09, in the amount of $386,240,
to Sequel Contractors, Inc., 13546 Imperial Highway:, Santa Fe Springs, California
90670; and 3) Authorize $38,624 (10% of Bid Amount) as contingency to be used for
unforeseen work or adjustment in quantities.
Item No.5 ACCEPTANCE OF FINAL PARCEL MAP NO. 2003-266. PROPERTY
LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND YAMAHA
WAY.
Recommendation: That the City Council approve Final Parcel Map No. 2003-266 and
authorize the City Clerk to sign the record map.
Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
65762 THROUGH 65946.
Recommendation: Approve the attached warrant register.
Reqardinq Item NO.1: APPROVAL OF CITY COUNCIL MINUTES OF THE
MEETINGS OF JULY 12 AND JULY 26, 2004, Council Member McGill stated that he
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CITY COUNCIL MINUTES
AUGUST 9, 2004
would like to have additional discussion of the ambient noise issue in the minutes for
July 26, 2004.
It was moved by Council Member McGill and secondecl by Mayor Pro Tem Piercy, that
the City Council approve the Minutes of the Meeting of ,July 12, 2004, as submitted, with
Mayor Pro Tem Piercy abstaining on the Minutes due to her absence from the meeting,
and the Minutes of July 26, 2004 be amended for approval at the August 23, 2004
meeting.
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
Mayor Keenan commended staff for their hard work on Agenda Item NO.4.
END OF CONSENT CALENDAR
ORDINANCES: (SECOND READING)
Item NO.7: SECOND READING OF ORDINANCE TO AMEND SECTION 2.3-3(b) OF
THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL COMPENSATION
BY A 5% COST OF LIVING INCREASE.
It was moved by Mayor Pro Tem Piercy and seconded by Mayor Keenan, that the City
Council, acting as the ex-officio governing Board of DirElctors of the Cypress Recreation
and Park District, approve the second reading of the Ordinance by title only, adjusting
the Council compensation by a 5% cost of living increase.
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
ORDINANCE NO. 1061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS
RECREATION AND PARK DISTRICT, AMENDING SECTION 2-3.3(b) OF
THE CODE OF THE CITY OF CYPRESS, ADJUSTING COUNCIL
COMPENSATION BY A 5% COST OF LIVING INCREASE.
Mayor Keenan introduced Todd Seymore, a candidate for Cypress City Council.
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.
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AUGUST 9, 2004
Item NO.8: CERTIFICATE OF CONFORMANCE BETWEEN THE CYPRESS
REDEVELOPMENT AGENCY AND COTTONWOOD CHRISTIAN CENTER.
The Deputy Executive Director provided background information on this item.
It was moved by Agency Board Member Sondhi and seconded by Agency Board
Member McCoy, that the Agency Board: 1) Approve the Certificate of Conformance
("Certificate") by and between the Agency and Cottonwood Christian Center; and 2)
Authorize the Agency's Executive Director to (a) make any final, non-substantive
technical modifications required to finalize the Certificate for signature and recordation
and (b) sign the Certificate on behalf of the Agency.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 AGENCY MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
o AGENCY MEMBERS: None
o AGENCY MEMBERS: None
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 the Cypress Community Festival. She commended Todd Seymore on a
successful festival.
Mayor Pro Tem Piercy:
Attended the O.C. Transportation Authority right-of-way beautification project ribbon
cutting ceremony.
Mayor Keenan:
Attended a League of California Cities conference in Monterey. Attended a site visit to
Kristie Digital (a division of Ushio) with the Community Development Director. Attended
an O.C. Transportation Authority Executive Committee meeting where a presentation
was made by a developer who owns land along the Pacific Electric right-of-way in
Stanton. He thanked Council Member Sondhi and Mayor Pro Tem Piercy for attending
the ribbon cutting for the landscape enhancements along the right-of-way. Attended an
O.C. Transportation Authority meeting where the loan to Placentia and contract
negotiations with coach operators was discussed.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Keenan adjourned the meeting at 7:38 p.m. to Monday,
August 23, 2004, beginning at 5:00 . Executive- Board Room.
~.
THE CITY OF CYPRESS
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ATTEST:
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