Minutes 2004-09-13
244
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 13, 2004
A regular meeting of the Cypress City Council was calle,d to order at 5:37 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT:
Council/Agency Board Members McCoy, McGill, Mayor Pro
Tem/Agency Vice Chair Piercy, Mayor/Agency Chair Keenan
ABSENT:
Council/Agency Board Member Sondhi
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager,
Director of Finance and Administrative Services, Chiejr of Police, Acting Public Works
Director, Recreation and Community Services Director, Assistant Community
Development Director, Administrative Services Manager, and City Clerk.
Mayor Pro Tem Piercy introduced Dr. Jody Wales, the new principal at Lexington Junior
High School.
The Assistant Community Development Director stated that previous workshops have
been held regarding the Cypress Zoning Code update. He stated that the environmental
review period for the draft document was opened on September 2, 2004 and will close
on October 4, 2004, and the public hearing will be held on October 11, 2004.
He stated that any comments received this evening would be incorporated into the
document. An errata sheet will be provided the week of September 2ih, which will
contain these items.
Council Member McGill stated that he appreciated the diagrams in the document.
Mayor Keenan asked if a kennel would be considered a new use and approved by the
City Council.
The Assistant Community Development Director stated that it would be commercial and
require a Conditional Use Permit.
Mayor Keenan asked for more information regarding thl3 consolidation of lots.
The Assistant Community Development Director stated that this primarily applies to the
northern part of the city where smaller lots are located.
Mayor Keenan asked how information regarding the Zoning Code update is being made
available to the public and developers.
The Assistant Community Development Director sta.ted that information has been
published, posted, the document is available at the public counter, and staff is talking to
developers as they come into City Hall. He stated that it is the goal to have the
approved document online.
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 A.PN 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
CITY COUNCIL MINUTES
245
SEPTEMBER 13, 2004
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 5:50 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 7:07 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, Acting Public Works
Director, Recreation and Community Services Director, Assistant Community
Development Director, Administrative Services ManagHr, Associate Planner, 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:
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 a workshop was held to receive City Council input on a
revision to the City's Zoning Code. The City adopted a General Plan in 2001 and the
current update process is to provide consistency with that plan. Staff was directed to
proceed to a public hearing in October for the public to provide input to the City Council.
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 Nortl1west 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 the City has completed its
transaction with Cottonwood Christian Center and Costco Development Corporation to
acquire and transfer certain properties. He stated that there are two residual parcels
that are left over that are referred to as outparcels and a brief status report was
provided on the prospects for development of those parcels.
No other action was taken in Closed Session, nor was any solicited.
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CITY COUNCIL MINUTES
SEPTEMBER 13, 2004
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.
Mike Sterling, Cypress, spoke regarding Agenda Item NO.9.
Dave Silva, Seal Beach, introduced himself as a candidate for the 6ih Assembly
District.
Jamie Prieto, Cypress, spoke in opposition to citations for skateboarders not wearing
their helmets.
Eddie Garcia, Cypress, spoke in opposition to citations for skateboarders not wearing
their helmets.
Walt Osgood, Cypress, spoke regarding Agenda Item NO.9.
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.
2004-04 AND TENTATIVE TRACT MAP NO. 16746, A REQUEST TO COMBINE TWO
(2) LOTS INTO ONE (1) LOT AND TO CONSTRUCT TEN (10) RESIDENTIAL
CONDOMINIUM UNITS.
The Associate Planner provided background information on this item.
Mayor Pro Tem Piercy asked about the definition of condominium rather than single
family home for the project.
The Associate Planner stated that this is done with infill development in the multi-family
residential zones. She stated that more than one unit can be built on a lot but it is not
zoned for single family residential with single lot ownersl1ip.
Council Member Sondhi asked about the standards for maximum density for the lot
size.
The Associate Planner stated that the existing units are' small bungalow type structures
that do not meet current parking requirements.
The public hearing was opened.
The applicant, Osman Castillo, stated that the density for the project will be decreased
from what is currently on the site and will expand home ownership within the City of
Cypress. He stated that he agrees to all of the Conditions of Approval with the
exception of Item 52 for the interior masonry fences as he feels the wood fences
provide a visual change in texture and materials.
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 following expressed their concerns about the time frame for current tenants to
relocate:
Mercedes Rodriguez, Cypress
Marianne Crowley, Cypress
Laurie Cervantes, Cypress
Sherry Belledin, Cypress
Jacinda Dennick, Cypress
Edgar Monge, Cypress
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SEPTEMBER 13, 2004
Mr. Castillo stated that the current property owner sent a notice to the tenants on
September 15t giving until December 15t to vacate the property. He stated that the law
stipulates the tenants must be given a 60 day notice and that escrow will not close until
the property is vacated.
The City Attorney stated that a Notice of Termination of Tenancy will be sent to the
tenants. If after 60 days the landlord initiates an Unlawful Detainer proceeding, he will
not get to trial until approximately the first of December.
Council Member McCoy asked if there was any law that required the property owner to
provide relocation money to the tenants.
The Assistant City Manager stated that this is a privaWly initiated development and is
governed by State code, and the City does not have any obligation to provide relocation
assistance.
The public hearing was closed.
Council Member McCoy stated he would like to see a block wall between the units
rather than the wood fence.
Mayor Pro Tem Piercy asked about the reasoning for the requirement for a block wall
rather than a wood fence.
The Associate Planner stated that it is mainly a maintenance issue as wooden fences
tend to deteriorate over time.
It was moved by Council Member McGill and seconded by Mayor Pro Tem Piercy, that
the City Council: 1) Adopt the Resolutions by title only, approving Conditional Use
Permit No. 2004-04 - with conditions, and Tentative Tract Map No. 16746 - with
conditions.
The motion was unanimously carried by the following rolll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
RESOLUTION NO. 5788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2004-04
- WITH CONDITIONS.
RESOLUTION NO. 5789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 16746
WITH CONDITIONS.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calenclar" 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.
Mayor Keenan requested Agenda Item NO.9 be pulled from the Consent Calendar.
It was moved by Council Member Sondhi and seconded by Mayor Pro Tem Piercy, to
approve Consent Calendar Items NO.2 through 8 and 10 through 15.
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CITY COUNCIL MINUTES
SEPTEMBER 13, 2004
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: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
AUGUST 23 AND AUGUST 30, 2004.
Recommendation: That the City Council approve the Minutes of the Meetings of
August 23 and August 30, 2004, as submitted, with Council Member Sondhi abstaining
on the Minutes of August 30, 2004, due to her absence from the meeting.
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: PROCLAIMING THE MONTH OF SEPTEMBER, 2004, AS "NATIONAL
PROSTATE CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the month of
September, 2004, as "National Prostate Cancer Awareness Month" in the City of
Cypress.
Item NO.5: PROCLAIMING THE WEEK OF SEPTEMBER 20-26, 2004, AS
"NATIONAL ADULT DAY SERVICES WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of
September 20-26,2004, as "National Adult Day Services Week" in the City of Cypress.
Item No.6: PROCLAIMING THE WEEK OF SEPTEMBER 27 - OCTOBER 1, 2004,
AS "DOLLAR WI$E WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of
September 27 - October 1, 2004, as "Dollar Wi$e Week" in the City of Cypress.
Item NO.7: PROCLAIMING THE MONTH OF OCTOBER, 2004, AS "NATIONAL
BREAST CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the month of
October, 2004, as "National Breast Cancer Awareness Month" in the City of Cypress.
Item No.8: CONSIDERATION OF ADOPTION OF A RESOLUTION TO SUPPORT
PROPOSITION 1A TO PROTECT FUNDING FOR LOCAL GOVERNMENTS AND
LOCAL SERVICES.
Recommendation: That the City Council adopt a Resolution by title only, in support of
Proposition 1 A, a statewide ballot initiative seeking voter approval to prevent state
government from taking or reducing local tax funds to use for state programs or
services.
RESOLUTION NO. 5790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
SUPPORTING PROPOSITION 1A, A STAT~WID~ BALLOT INITIATIV~
SEEKING VOTER APPROVAL TO PREVENT STATE GOVERNMENT
FROM TAKING OR REDUCING LOCAL TAX FUNDS TO USE FOR
STATE PROGRAMS OR SERVICES.
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SEPTEMBER 13, 2004
Item No. 10: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-10,
A REQUEST TO ESTABLISH A SIGN PROGRAM FOFI AN EXISTING COMMERCIAL
CENTER.
Recommendation: That the City Council adopt a Resolution by title only, approving
Design Review Committee Permit No. 2004-10, with conditions.
RESOLUTION NO. 5792:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-10
- WITH CONDITIONS.
Item No. 11: AWARD OF CONTRACT TO REPLACE SIX (6) POLICE VEHICLES.
Recommendation: That the City Council award a contract to purchase six (6) 2005
Crown Victoria Police Interceptors from Wondries Fleet Division, 1247 W. Main Street,
Alhambra, California 91803, in the amount of $148,084.B8.
Item No. 12: AWARD OF CONTRACT TO REPLACE ONE (1) POLICE VEHICLE.
Recommendation: That the City Council: 1) Appropriate $30,000 to account number
4377-90-659-39 from the Equipment Replacement Fund, for the purchase of one (1)
marked police vehicle and replacement equipment; and 2) Approve the transfer of
$20,525 from the City's General Liability Fund (2200-96) to the City's Equipment
Replacement Fund (1200-90) for the purchase of one (1) marked police vehicle and
replacement equipment; and 3) Award a contract to purchase one (1) 2005 Crown
Victoria Police Interceptor from Wondries Fleet Division, 1247 W. Main Street,
Alhambra, California 91803, in the amount of $24,680.83.
Item No. 13: AWARD OF CONTRACT TO REPLACE TWO (2) POLICE
MOTORCYCLES.
Recommendation: That the City Council: 1) Appropriate an additional $15,000 to
account number 4362-90-659-39 from the Equipment Replacement Fund (1200-90), to
cover the increased cost of two (2) police motorcycles; and 2) Approve the transfer of
$15,000 from the General Fund (2200-11) to the City's Equipment Replacement Fund
(1200-90) for the additional cost of two (2) police motorcycles; and 3) Award a contract
to purchase two (2) 2004 BMW R1150RT-P/CHP Version police motorcycles from A&S
BMW Motorcycles, 1125 A. Orlando Avenue, Roseville, California 95661, in the
amount of $41 ,094.20.
Item No. 14: AWARD OF CONTRACT FOR CONSTFlUCTION OF CIVIC CENTER
IMPROVEMENT PHASE 1, PUBLIC WORKS PROJECT NO. 2003-11.
Recommendation: That the City Council: 1) Determine~ the lowest responsible bidder
for Public Works Project No. 2003-11 to be Hillcrest Contracting, Inc.; and 2) Award a
contract for Construction of Civic Center Improvement Phase I, Public Works Project
No. 2003-11, in the amount of $1,910,868, to Hillcrest Contracting, Inc., 1467 Circle
City Drive, Corona, California 92879-1668; and 3) Authorize $75,000 (approximately
4% of Bid Amount) as contingency to be used for unforeseen work or adjustment in
quantities.
Item No. 15: APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS
NO. 66193 THROUGH 66650.
Recommendation: Approve the attached warrant registl3r.
ReqardinQ Item NO.9: ADOPTION OF RESOLUTION ESTABLISHING THE
INSTALLATION OF A STOP SIGN ON VIA LINDA AT VIA LARGO, Mayor Keenan
asked for clarification on this item.
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CITY COUNCIL MINUTES
SEPTEMBER 13, 2004
The Acting Public Works Director stated that a traffic study was conducted by staff and
it was recommended that a stop sign and red curbin~~ be installed because of sight
distance issues at the location.
The Police Chief stated that there is not a traffic speeej concern in this neighborhood
and supports the recommendations made by the Public Works Department regarding
sight distance.
It was moved by Council Member Sondhi and seconded! by Mayor Pro Tem Piercy, that
the City Council adopt the Resolution by title only, establishing the installation of a stop
sign on Via Linda at Via Largo, as proposed by the Traffic Commission.
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
RESOLUTION NO. 5791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ESTABLISHING THE INSTALLATION OF A STOP SIGN ON
VIA LINDA AT VIA LARGO.
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.
NEW BUSINESS:
Item No. 16: CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE AGENCY AND JONES DEVELOPMENT COMPANY.
The Assistant Community Development Director provided background information on
this item.
Craig Jones, Jones Development Group, stated that they are looking forward to working
with the City on this project.
Mayor Keenan asked about response to the marketing plan for this development.
Mr. Jones stated that marketing is still in the early stages but that he feels a reasonable
response will be received for the dinner house parcel.
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CITY COUNCIL MINUTES
SEPTEMBER 13, 2004
It was moved by Agency Board Member McGill and seconded by Agency Board
Member McCoy, that the Cypress Redevelopment Agency approve the Exclusive
Negotiation Agreement (ENA) between the Agency ancl Jones Development Company
(JDC) for two corner pads located at the northwest corner of Walker Street and Katella
Avenue (1.807 acres) and the northeast corner of Winners Circle and Katella Avenue
(1.254 acres) respectively, and authorize the Agency Chair to execute the Amendment.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 AGENCY MEMBERS: McCoy, McGill, Sandhi, Piercy and Keenan
o AGENCY MEMBERS: None
o AGENCY MEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agr;mda.
Walt Osgood, Cypress, requested clarification on Agenda Item No. 16 and commented
on Agenda Item NO.9.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Keenan requested reports from the Council Members on their respective
committee assignments.
Council Member McGill:
Attended a ceremony at Fire Station #17 on Cerritos Avenue and other locations in
commemoration of September 11th. Invited the City Council to attend a farewell
ceremony at 6:30 a.m. on September 14 for a local National Guard unit departing for
Iraq.
Council Member Sondhi:
Discussed her attendance at City Council workshops and other events due to her
current teaching schedule. She asked Council Member McGill, as alternate, to attend
the O.C. Regional Airport Authority meetings in her absence.
Mayor Pro Tem Piercy:
Attended an O.C. Sanitation District meeting where the new ship, Narissa, was
discussed and a tour of the laboratories was provided. Attended an O.C. Sanitation
District Board meeting.
Mayor Keenan:
Attended an O.C. Transportation Authority/Executive Committee meeting where a
report was presented on ridership and Centerline. Att€!nded a subcommittee meeting
regarding the 405 Freeway major investment study on improvement alignments.
Attended the installation of officers for the League of California Cities with Council
Member McGill. Stated that the Governor signed AB 710 into law extending the number
of voting members to 17 on O.C.T.A. Attended the last summer Concerts on the Green
with the Cypress Pops Orchestra. Attended an O.C. Transportation Authority meeting
where a Measure M amendment was voted on to allow a $130 million loan from
Measure M.
ITEMS FROM CITY MANAG ER:
No items.
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CITY COUNCIL MINUTES
SEPTEMBER 13, 2004
ADJOURNMENT: Mayor Keenan adjourned the meeting at 8:33 p.m. to Monday,
September 27,2004, beginning at 5:30 p.m. in the Executive Board Room.
~ ~-O"
MAYOR OF THE CITY OF CYPRESS
ATTEST:
9