Minutes 2004-08-23
235
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August23,2004
A regular meeting of the Cypress City Council was called to order at 5:02 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, Assistant City Manager,
Director of Finance and Administrative Services, Acting Public Works Director, Police
Captain, Recreation Superintendent, Assistant Community Development Director,
Associate Engineer/Traffic, and City Clerk.
The Associate Engineer stated ttiat the Traffic Commission had received a request from
residents who live on Lee Drive that the existing parking restrictions on Fred Drive be
extended onto Lee Drive. The existing parking restriction prohibits parking from 10:00
a.m. to 1 :00 p.m. on school days. He stated that this restriction was put into effect in the
late 1970's when there were a lot of parking problems associated with the high school.
The residents also requested that they be given permits or decals that would allow them
to park on the street. This type of system is known as a Preferential Parking Program in
the Vehicle Code.
The Associate Engineer stated that several programs from local cities were reviewed
with the City of Long Beach's program being the most comprehensive. These
guidelines were presented to the Traffic Commission who reviewed them and made
several changes to the program, and recommended that it be forwarded to the City
Council for their consideration.
He stated that the main points of the program are: 1) requires 2/3 of the residents in the
area sign a petition requesting the program; 2) three types of permits issued
(residential, guest, and temporary); 3) permit fee of $10.00 per vehicle; 4) resident
parking permits be affixed to left rear bumper of vehicle; and 5) residential permit
parking will be in effect whatever days and times the Council approves.
The Associate Engineer stated that construction at Cypress High School is forcing
students to get creative as to where they find places to park and this residential area is
impacted by the parking. Staff is currently working with the high school in trying to have
them locate more on-site parking spaces.
He stated that the fiscal impacts for initial administrative costs of the program are
approximately $2,800.00 and new signs for the area will cost approximately $2,000.00.
Mayor Keenan asked if this area would be the first area to participate in the permit
parking program and what days and hours would be established for the initial program.
The Associate Engineer stated that it would be school days only from 10:00 a.m. to
1 :00 p.m. He stated that an ordinance would give the City the authority to establish the
program and each area that wanted to participate would be approved by resolution.
Council Member Sondhi asked how a permit would be transferred if a new car was
purchased.
236
CITY COUNCIL MINUTES
AUGUST 23, 2004
The Associate Engineer stated that the owner would come to City Hall, bring in the
permit from the old car, and receive a new permit.
Council Member McGill asked that advance notice be given to the residents about the
permit process.
The Associate Engineer stated that the $10.00 fee is based on personnel costs and
purchasing the actual permits.
Council Member Sondhi asked about residents of a neighborhood who do not want to
participate in the program but then have repair workers who may need temporary
parking permits.
Council Member McCoy stated the program works very well in Long Beach and allows
for flexibility by the police department for repair workers.
Traffic Commissioner Killian stated that the program will probably grow after
implementation to address other parking issues throughout the city and that it should be
applied cautiously. She stated that the permit fee is set relatively low compared to other
cities.
Yolanda Bienhoff, Lee Drive, Cypress, stated that they appreciate the time and effort
that has gone into the development of the program and feels it will resolve a major
problem in the neighborhood dealing with parking, vandalism, and increased accidents.
It was the consensus of the Council to proceed with the establishment of a residential
parking permit program.
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.
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 7:05 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, Acting Public Works Director, Police
Captain, Recreation Superintendent, Assistant Community Development Director,
Associate Planner, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
McCoy.
INVOCATION: The invocation was given by City Attorney Wynder.
2
CITY COUNCIL MINUTES
237
AUGUST 23,2004
PRESENTATIONS:
None.
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 discussion regarding a
proposed residential permit parking program. The City has been receiving a greater
level of concern from residents, particularly around schools, as it relates to impacted
street parking. A parking permit program that would restrict parking at certain times of
the day was considered by the Traffic Commission and a recommendation made to the
City Council. Staff was directed to prepare an ordinance that would implement a permit
parking program in specific areas.
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, 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 staff presented a side letter,
which is one of the implementing requirements and a condition precedent to the close
of escrow. The Redevelopment Agency and City Council unanimously authorized the
City Manager and Executive Director to execute the side agreement on behalf of the
City and Agency. The agreement will be available for public inspection when executed
by all parties.
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, requested the removal of the trees on Reefton Avenue.
Mayor Keenan discussed his concern regarding the West Nile virus and standing water
at the Nature Park.
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 NO. 2 TO
CONDITIONAL USE PERMIT NO. 2001-10, A REQUEST TO CHANGE THE THREE-
STORY 122 UNIT EXTENDED STAY AMERICA HOTEL TO A FOUR-STORY 110
ROOM HAMPTON INN HOTEL ON THE PROPERTY LOCATED AT 10900 YAMAHA
WAY IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
Council Member McGill asked if there would be signage along the front on Katella.
3
238
CITY COUNCIL MINUTES
AUGUST 23,2004
The Associate Planner stated there has been some discussion regarding a joint tenant
sign with the adjacent industrial buildings at the front but nothing has been finalized.
Mayor Keenan asked if the project must go through an FAA approval because of the
rise in building height.
The Associate Planner stated that the applicant has already completed the process and
the FAA returned a no hazard notice.
The public hearing was opened.
The applicant, Michael Gallen, Director of Construction, OTO Development, stated that
a monument sign is proposed along Katella and has been negotiated with Warland. He
thanked staff for their effort with the project.
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.
Mayor Keenan asked that language be drafted so that any and all requests for antenna
installations be of stealth design and comply with all City design review processes. He
also asked about pedestrian access to the neighboring retail center and if the developer
would be open to having the City facilitate dialogue with the property owner for the
consideration of installing a walkway or path to allow access.
Mr. Gallen stated that he is open to the discussion and installation of a walkway.
It was moved by Council Member McGill and seconded by Council Member McCoy, that
the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative
Declaration, and adopt the Mitigation Monitoring Program in accordance with the
requirements of the California Environmental Quality .Act (CEQA); and 2) Adopt the
Resolution by title only, approving Amendment No. 2 to Conditional Use Permit No.
2001-10 - with conditions, as amended.
The motion was unanimously carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5787
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT NO.2 TO CONDITIONAL USE PERMIT
NO. 2001-10 - 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.
It was moved by Council Member McGill 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
4
CITY COUNCIL MINUTES
239
AUGUST 23, 2004
Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
JULY 26 AND AUGUST 9, 2004.
Recommendation: That the City Council approve the Minutes of the Meetings of July
26 and August 9, 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. 4: ACCEPTANCE OF THE 2003-04 RESIDENTIAL STREET
RESURFACING, PUBLIC WORKS PROJECT NO. 2003-37.
Recommendation: That the City Council: 1) Accept the 2003-04 Residential Street
Resurfacing, Public Works Project No. 2003-37, as being completed in substantial
conformance with the project specifications; and 2) Approve the final retention payment
of $34,279 to All American Asphalt, P.O. Box 2229, Corona, California 92878; 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.
Item NO.5: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2004.
Recommendation: Receive and file.
Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
65947 THROUGH 66192.
Recommendation: Approve the attached warrant register.
END OF CONSENT CALENDAR
ORDINANCES: (SECOND READING)
No items.
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.
None.
5
240
CITY COUNCIL MINUTES
AUGUST 23, 2004
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Attended an Eagle Scout award ceremony for three members of Boy Scout Troop #660.
Council Member McCoy:
Attended a WestComm meeting where a discussion was held regarding salary
negotiations.
Council Member Sondhi:
Attended Congressman Ed Royce's housing roundtable discussion with staff. Attended
an O.C. Housing Commission subcommittee meeting where a discussion was held
regarding a pilot program for home ownership funding.
Mayor Pro Tem Piercy:
Attended the Eagle Scout award ceremony for Scott Sprague.
Mayor Keenan:
Attended an Eagle Scout award ceremony for five Eagle Scouts. Attended the League
of California Cities meeting with Council Member McGill where the state budget process
was discussed and revisions to AB 710 were approved. Attended an O.C.
Transportation Authority Board meeting where support of legislation was approved, the
relocation of board meetings was discussed, and the contract for the design/build of the
22 Freeway was approved.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Keenan adjourned the meeting at 7:35 p.m. to Monday,
August 30, 2004, beginning at 5:00 p.m. in the Executive Board Room.
~~ESS
ATTEST:
I Y CLERK OF THE CITY OF CYPRESS
6