Minutes 2004-09-27
253
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 27,2004
A regular meeting of the Cypress City Council was calleld to order at 5:00 p.m. by Mayor
Keenan in the Executive Board Room, 5275 Orange AVE:mue, Cypress, California.
PRESENT:
Council/Agency Board Members McCoy, McGill (arrived at 5:22
p.m.), 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, Chief of Police, Acting Public Works
Director, Recreation and Community Services Director, Assistant Community
Development Director, Administrative Services Manager, Public Works Superintendent,
Recreation Superintendent, and City Clerk.
The City Manager introduced new Public Works Director Doug Dancs.
The Assistant City Manager stated that the Civic Center Renovation Project has begun
with Hillcrest Contractors. He stated that a major element to the project is the recreation
components, especially with the elimination of the proposed skatepark.
The Recreation and Community Services Director stat€!d that the three options for the
former skatepark site are a tennis court, basketball court or plaza area, which have
been researched by staff. She stated that staff met with the landscape architect and
contacted other cities to discuss these options and evaluated the City's current
allocation of recreation amenities to determine which of the three options best meets
the City's recreational needs.
The Recreation and Community Services Director stated that the City currently has 11
lighted full basketball courts and two lighted half basketball courts located in City parks.
The City also has joint use agreements with the Anaheim Union High School District for
the use of the gyms at Cypress High School and Lexington Junior High School and
recently entered into an agreement for the use of the Oxford gym upon its completion.
Staff does not feel that an additional outdoor basketball court meets an identified need
within the community.
She stated that with the addition of the proposed Civic Center tennis courts, the City will
have five lighted tennis courts and part-time use of four courts at Cypress College. She
stated that over 780 participants have registered for the City's tennis program over the
last year and that the courts are being heavily used by Recreation classes and the
general public. An additional court would allow for the expansion of the City's tennis
program while allowing court space for the public.
The Recreation and Community Services Director stated that during conversations with
other cities that have basketball courts adjacent to tenniis courts, concerns were raised
over compatibility of the two sports and conflicts that arise. She stated that the
consultant indicated that basketball courts require more parking than tennis courts and
basketball courts are generally located away from privato property because of the noise
generated from the activity.
She stated that the Civic Center area does not have a natural pedestrian orientation for
a passive recreation area and already has the Civic Center green area. The site faces
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CITY COUNCIL MINUTES
SEPTEMBER 27, 2004
the back of the library and trash area and is not viewed as a quality site for a greenbelt
area.
The Recreation and Community Services Director stated the final option is the addition
of a tennis court, which is consistent with the approvE3d recreation amenities for the
Civic Center. The additional court would not cause any conflict with the other planned
uses and allow enhancement of recreational opportunitiE~s.
She stated that a preliminary verbal estimate to construct an unlighted basketball court
was $90,000 to $110,000 plus $10,000 for design work. Estimated construction costs of
a landscaped plaza area ranges from $40,000 to $60,000 plus $10,000 for design work.
The actual cost of construction for an additional tennis court would be approximately
$120,000. All three options are significantly below the cost to construct a skatepark.
Council Member McCoy asked if the area residents ~lad been contacted or if other
ideas had been considered such as a tot lot.
The Recreation and Community Services Director stated that the residents were not
contacted and that the site is very small and given new regulations regarding separation
of age groups for tot lots, it would provide very little play value.
Mayor Pro Tem Piercy asked if there were any plans to improve the skatepark at
Veterans Park.
The Recreation and Community Services Director stated that the skatepark at Veterans
Park is Phase I and that there is a conceptual drawing for Phase II for any future
expansion.
It was the consensus of the City Council to approve the! addition of a sixth tennis court
at the Civic Center.
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 as the 1.807 Acre Agency Parcel
Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254
Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners
Circle 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 - Existing Liti~Jation (Pursuant to Government
Code Section 54956.9(a) Jay Tatman v. City of Cypress, et aI., United States District
Court, Central District of California, Case No. SACV 03-140 GL T MLGx.
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 5:32 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
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CITY COUNCIL MINUTES
255
SEPTEMBER 27, 2004
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 Manager, Public Works Superintendent,
Recreation Superintendent, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
McCoy.
INVOCATION: The invocation was given by Council Melmber McGill.
PRESENTATIONS:
The City Manager introduced new Public Works Director Doug Dancs.
Council Member McGill presented Mayor Keenan and Phil Luebben with Certificates of
Appreciation from the 1-140th General Support Aviation Battalion for their support of a
deployment farewell dinner on September 10, 2004.
Mayor Keenan stated that this would be the last Council meeting at the Cypress School
District office and the next meeting would be held in the newly remodeled Council
Chambers. He thanked the District for its generosity in allowing the City to use their
facility.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agemja items discussed earlier in the
evening.
The City Manager reported that a follow-up discussion was held regarding the
renovation of the Civic Center, specifically the possibility of including a sixth tennis court
or some other alternative to the specific plan. It was tho City Council direction that staff
pursue a sixth tennis court.
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 Conference with
Legal Counsel - Existing Litigation (Pursuant to Government Code Section 54956.9(a)
Jay Tatman v. City of Cypress, et aI., United States District Court, Central District of
California, Case No. SACV 03-140 GL T MLGx. The City Attorney stated that the Council
met and conferred regarding the potential of entering into a participant agreement with
the California Insurance Pool Authority (CIPA). The City Council unanimously authorized
the City Manager to execute a CIPA agreement involving this litigation. The agreement
will be available for public inspection when the same has been executed by all of the
parties. The Council unanimously directed the City Attorney's office to continue
negotiating with the plaintiff in that litigation.
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. The City Attorney stated
that he and staff briefed the Council on the exposure that could exist and discussed a
litigation avoidance strategy. The City Council unanimously directed staff and the City
Attorney to implement that litigation avoidance strategy.
The City Attorney reported that the Redevelopment Agemcy item involving Real Property
Negotiations was not held due to lack of time.
No other action was taken in Closed Session, nor was any solicited.
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CITY COUNCIL MINUTES
SEPTEMBER 27, 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.
Robert Graham, Los Alamitos, spoke regarding the 1990 Traffic Mitigation Agreement.
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 THE L.AW ENFORCEMENT BLOCK
GRANTS: CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS.
The Chief of Police provided background information on this item.
The public hearing was opened.
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.
It was moved by Council Member McCoy and seconded by Mayor Pro Tem Piercy, that
the City Council: 1) Conduct a public hearing consistent with the legal mandates
associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement
Services Fund; and 2) Approve the continued use of grant funds for one (1) police
services officer position, which was approved in fiscal year 1999/2000. These funds,
$66,000, will pay for the police services officer's salary for fiscal year 2004/2005; and 3)
Approve the continued use of the remaining funds for one (1) police officer position,
which was approved during fiscal year 2001/2002. Thesl9 remaining funds, $34,000, will
pay for a portion of that officer's salary for fiscal year 2004/2005; and 4) Adopt the
Resolution by title only, title as follows, approving an inclrease of estimated revenues for
fiscal year 2004/2005 in the Supplemental Law Enforcement Services Fund to be used
to pay for the salary of a Police Services Officers and a portion of the salary for a Police
Officer.
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. 5793,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING AN INCREASE OF ESTIMATED REVENUES
FOR FISCAL YEAR 2004/2005 IN THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND TO BE USED TO PAY FOR THE SALARY OF A POLICE
SERVICES OFFICER AND A PORTION OF THE SALARY FOR A
POLICE OFFICER.
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 t,y one motion approving the
recommendations listed on the Agenda.
It was moved by Council Member Sondhi and secondecl by Council Member McCoy, to
approve Consent Calendar Items NO.2 through 11.
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CITY COUNCIL MINUTES
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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 MEETING OF
SEPTEMBER 13, 2004.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 13, 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: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN
REVISING THE CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF
ADMINISTRATIVE SERVICES TECHNICIAN I, ADMINISTRATIVE SERVICES
TECHNICIAN II, AND VIDEO PRODUCTION COORDINATOR.
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the class specifications
for the regular full-time positions of Administrative Services Technician I, Administrative
Services Technician II, and Video Production Coordinator, amending the City's
classification plan.
Item NO.5: AWARD OF CONTRACT FOR PURCHASE OF REPLACEMENT
MAINTENANCE TRUCKS.
Recommendation: That the City Council award a contract to purchase six (6) Public
Works Maintenance replacement trucks from Wondries Fleet Division, 1247 W. Main
Street, Alhambra, California 91803, in the amount of $144,246.
Item No.6: AWARD OF CONTRACT FOR CITYWIDE JANITORIAL SERVICES.
Recommendation: That the City Council award a contract for Citywide Janitorial
Services to United Maintenance Systems, 2115 W., Crescent Avenue, Anaheim,
California 92801, for a three-year period, for an annual amount not to exceed
$42,340.80, with the provision of renewing the contracI for up to two additional years,
based on mutual agreement of the contractor and the City.
Item NO.7: APPROVAL OF FISCAL YEAR 2003-04 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO
FISCAL YEAR 2004-05.
Recommendation: That the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2004-05 for the carryover items
as detailed in Attachment A and summarized as follows:
11 General Fund
15 Capital Projects Fund
23 Gas Tax (2106) Fund
24 Traffic Mitigation Fund
26 Local Drainage Facility Fund
27 Corporate Center Maintenance District #1
28 Narcotics Asset Seizure Fund
39 Measure M Gas Tax Fund
41 Sewer Fund
76 Central Services Fund
89 Print Shop/IS Fund
$ 440,714
5,894,077
393,476
109,205
142,336
18,277
19,900
178,541
378,671
7,250
4,000
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CITY COUNCIL MINUTES
SEPTEMBER 27, 2004
90 Capital Replacement Fund
TOTAL
817,389
$8.403,836
2. Authorize the transfer of funds to support continuilng appropriations in Fiscal Year
2004-05 as listed below:
FROM
11 General Fund
11 General Fund
28 Asset Seizure
28 Asset Seizure
35 RDA - Civic Center Fund
41 Sewer Fund
39 Measure M Gas Tax
TOTAL
TO
15 Capital Projects
90 Capital Replacement
15 Capital Projects
90 Capital Replacement
15 Capital Projects
90 Capital Replacement
22 Special Gas Tax
AMOUNT
$ 650,000
4,431
250,000
8,000
4,001,859
4,000
531,033
5.449.323
3. Authorize the continuation of the following grant revenue to support continuing
appropriations to Fiscal Year 2004-05:
11 General Fund
15 Capital Projects Fund
TOTAL
$38,612
15,990
$54.602
4. Authorize the appropriation of funds in Fiscal Year 2004-05 for items encumbered
at June 30,2004 as detailed in Attachment B and summarized below:
11 General Fund
15 Capital Projects Fund
22 Special Gas Tax 2106 Fund
26 Local Drainage Fund
39 Measure M Gas Tax Fund
41 Sewer Fund
90 Capital Replacement Fund
TOTAL
$51,806
1 ,015,322
137,558
3,246
40,385
51 ,403
10,479
$1.310.199
Item No. 8: APPROVAL OF ADDITIONAL APPROPHIA TIONS FOR FISCAL YEAR
2003-04.
Recommendation: That the City Council approve adclitional appropriations, transfers
and sources for Fiscal Year 2003-04 as follows:
Additional Appropriations from the General Fund unrese,rved fund balance to:
Account 4211-11-105-01 (Court Costs & Litigation)
$78,500
Item NO.9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST,
2004.
Recommendation: Receive and file.
Item NO.1 0: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
66651 THROUGH 66811.
Recommendation: Approve the attached warrant register.
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SEPTEMBER 27, 2004
RECREA nON & PARK DISTRICT MA TTERS:
Item No. 11: APPROVAL OF FISCAL YEAR 2003-04 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION
AND PARK DISTRICT TO FISCAL YEAR 2004-05.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District:
1. Authorize the appropriation of funds in Fiscal Year 2004-05 for items encumbered
at June 30, 2004 as detailed in Attachment A and summarized below:
12 General Fund
83 Central Services Fund
$7,808
$51,037
2. Authorize the appropriation of funds in Fiscal YE~ar 2004-05 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
12 General Fund
83 Central Services Fund
$922,878
$ 1 ,200
3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year
2004-05 as listed below:
FROM
83 Central Services Fund
13 Park Development Fund
12 Rec & Park District
TO
12 Rec & Park District
12 Rec & Park District
83 Central Services Fund
AMOUNT
$112,073
$549,158
$ 1,200
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.
Item No. 12: ADOPTION OF CONTRACT REGULATIONS FOR USE OF OAK KNOLL
PARK BY CYPRESS POP WARNER FOOTBALL PROGRAM.
The Recreation and Community Services Director provided background information on
this item.
Mayor Pro Tern Piercy asked about the standard evaluation procedure.
The Recreation and Community Services Director state,d that Pop Warner understands
the seriousness of the issues at Oak Knoll Park and otller facilities, and that staff could
recommend they not be allowed use of the fields the following season. Pop Warner will
know throughout the season how they are doing and complaints will be addressed
immediately.
Council Member McCoy commended staff for the time and effort put into the
agreement, which includes expectations of the City Council.
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CITY COUNCIL MINUTES
SEPTEMBER 27, 2004
Council Member McGill thanked the Pop Warner Board for their involvement and efforts
in resolving compliance issues.
Council Member Sondhi stated that this provided staff an opportunity as a model for
communication with other sports and groups, and to be proactive in evaluating the
relationships with these other sports groups. She commended staff and Pop Warner for
their efforts.
It was moved by Council Member McGill and secondod by Council Member Sondhi,
that the City Council, acting as the ex-officio governing Board of Directors for the
Cypress Recreation and Park District, place Cypress Pop Warner on a two-year
probationary period beginning August 1, 2004, with a Yl3arly review of their compliance
with the contract regulations.
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
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
It was moved by Agency Vice Chair Piercy and seconded by Agency Board Member
Sondhi, to approve Consent Calendar Item Nos. 13 and 14.
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
Consent Calendar:
Item No. 13: APPROVAL OF FISCAL YEAR 2003-04 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS
REDEVELOPMENT AGENCY TO FISCAL YEAR 2004-05.
Recommendation: That the Cypress Redevelopment Agency Board:
1. Authorize the appropriation of funds in Fiscal Ye.ar 2004-05 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
35 Civic Center Project Fund
37 Lincoln Avenue Project Fund
38 LART Project Fund
36 Low and Moderate Housing Set-Aside Fund
$ 9,509
$ 24,840
$ 6,538,124
$1,120,912
2. Authorize the appropriation of funds in Fiscal Year 2004-05 for items encumbered
at June 30, 2004 as detailed in Attachment B and summarized below:
35 Civic Center Project Fund
37 Lincoln Avenue Project Fund
38 LART Project Fund
36 Low and Moderate Housing Set-Aside Fund
$ 34,208
$ 30,574
$ 33,390
$ 38,778
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SEPTEMBER 27, 2004
3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year
2004-05 as listed below:
FROM
35 Civic Center Project Fund
38 LART Project Fund
TO AMOUNT
15 City CIP Fund $4,001,859
54 LART DE!bt Service Fund $7,000,000
Item No. 14: AWARD OF CONTRACT FOR CONSULTANT SERVICES FOR
REDEVELOPMENT PLAN MERGER/AMENDMENT ENVIRONMENTAL SERVICES.
Recommendation: That the Cypress Redevelopment Agency Board approve the
Contract Services Agreement with RBF Consultin~J (RBF) for the provision of
comprehensive Redevelopment Plan Merger/AmendmE!nt Environmental Services, and
authorize the execution of the Agreement by the Agency's Executive Director or his
designee.
END OF CONSENT CALENDAR
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 McGill:
Attended an O.C. Fire Authority Board meeting.
Council Member McCoy:
Attended the League of California Cities Annual ConferE:mce in Long Beach.
Council Member Sondhi:
Advised the City Council that the Housing and Community Development Department
has released its new notice of funding availability for the 2004/2005 fiscal year for
projects for low income housing. Attended the Lea~lue of California Cities Annual
Conference in Long Beach.
Mayor Pro Tem Piercy:
Attended the League of California Cities Annual ConfE~rence in Long Beach. Attended
the Cypress Festival Recognition dinner. Attended an O.C. Sanitation District meeting.
Attended the Warland mixer at the Cypress Business Park.
Mayor Keenan:
Attended the ceremonial ground breaking for the 22 Freeway rehabilitation project.
Stated that the O.C. Transportation Authority held its 3rd Annual Small Business
Conference and Vendor Fair. Attended an O.C. Transportation Authority Board meeting
where a public hearing was held regarding a potential fare increase. Attended the
Cypress Festival Recognition Dinner.
Council Member McGill stated that the torch relay fOlr the O.C. Fire Authority Fallen
Firefighters Memorial came through Cypress and he had the privilege of carrying the
torch for approximately one mile.
Mayor Keenan invited the public to attend the Costco ground breaking ceremony on
Tuesday, September 28, 2004, at 2:00 p.m. He also invited the public to attend the
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CITY COUNCIL MINUTES
SEPTEMBER 27, 2004
Council Chamber ribbon cutting for the remodeled City Council Chamber on
Wednesday, September 29, 2004, at 4:30 p.m.
ITEMS FROM CITY MANAGER:
The City Manager stated that he received an email horn the City Manager of Lake
Forest who participates on an ad hoc committee of sevoral city managers who meet on
a regular basis with the County's CEO. The email requested any items for discussion
from other city managers for the next ad hoc meeting. The City Manager stated that he
took the opportunity to ask about the allocation of CDBG funds and with the efforts of
David Belmer and Steve Clarke, a comprehensive report was prepared and presented
to the County. The County has decided to create an ad hoc committee to work with
cities that are not entitled, like the City of Cypress, to address a new manner in
distributing funds on a regular, permanent basis.
ADJOURNMENT: Mayor Keenan adjourned the meeting at 7:40 p.m. to Monday,
October 11, 2004, beginning ~lhe Executive Board Room.
~O~YPRESS
ATTEST:
I Y CLERK OF THE CITY OF CYPRESS
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