Minutes 2003-02-24(5:00 p.m.)
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 24, 2003
A regular meeting of the Cypress City Council was called to order at 5:04 p.m. by
Mayor McCoy in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
PRESENT: Council Members Piercy, Sondhi, Mayor Pro Tem Keenan, Mayor
McCoy
ABSENT: Council Member McGill
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Chief of Police, Public
Works Director, Recreation and Community Services Director, Assistant Community
Development Director, Assistant City Engineer, and City Clerk.
The City Manager provided a history on the proposed Community Center and City Hall
expansion project.
The Community Development Director stated that recently staff recommended the
construction of the Civic Center improvements be undertaken in two phases. Phase 1
would include the relocation and addition of tennis courts, a new Public Works
maintenance building, a small addition to the Police Department building to add an
evidence and storage room, a skate plaza, public restrooms, and expansion of the Civic
Center parking area. The conference and meeting facility originally proposed has been
delayed to allow staff to work with John Bates Associates to explore the feasibility of
expanding and modernizing the Community Center as an alternative to building a
meeting and conference center in the parking lot of the Civic Center.
The Assistant Community Development Director discussed the proposed improvement
plans for the Civic Center and Community Center. He stated the addition to City Hall is
estimated at $423,000 and the addition to the Community Center is estimated at
$2,533,870. The total cost of both improvements is approximately the same cost as
building a meeting and conference center in the Civic Center parking lot.
The Community Development Director stated the improvements to City Hall will
address office and conference room space needs.
Council Member Sondhi asked about restroom facilities and lobby issues at the
Community Center.
The Assistant Community Development Director stated the lobby issues would be
reviewed by John Bates Associates, and the restrooms will be larger and in compliance
with the Americans with Disabilities Act.
Mayor Pro Tem Keenan stated the theater at the Community Center is a big
commitment and suggested the voters of Cypress be surveyed on the use of a
community theater.
The City Manager stated the theater and storage facility would not be for the exclusive
use of the theater group.
Council Member Piercy stated she views it as an additional amenity for not just the
theater but for the Recreation Department also. It expands the ability of the City to
provide programs and services to the community.
CITY COUNCIL MINUTES FEBRUARY 24, 2003
Mayor McCoy stated he is concerned over spending any money with the current State
budget crisis and that he is not impressed with the use of space in the proposed
renovations.
The City Manager stated the project would be funded with Redevelopment Agency
funds and not General Fund dollars.
Mayor McCoy asked about the architectural fees.
The Community Development Director stated the fees vary if it’s new construction
versus remodeled construction.
Jewell Tolkin, President, Cypress Civic Theater Guild, stated the Guild’s use of the
facility would be during times when there aren’t other groups, such as nights and
weekends. They are contemplating only having evening shows on Friday with matinees
on Saturday and Sunday.
It was the consensus of the City Council that the City Hall renovations are appropriate
and to work with the architect regarding the Council’s concerns and recommendations
for the Community Center.
The City Attorney reported that the City Council would be meeting in a Joint Closed
Session with the Redevelopment Agency regarding Conference with Legal Counsel –
Existing Litigation, pursuant to Government Code Section 54956.9 (a), Cypress
Redevelopment Agency and City of Cypress v. Scott Aanonson, Citizens for Property
Rights, et al., Case Number 02CC11786, Orange County Superior Court – Central Justice
Center and Cottonwood Christian Center v. Redevelopment Agency of the City of Cypress,
Case Number SA02-60, United States District Court – Central District of California, Case
Number 02CC01575, Orange County Superior Court – Central Justice Center (Removed to
Federal Court), Case Number SA02-149, United States District Court – Central District of
California.
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 6:25 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 McCoy.
PRESENT: Council Members Piercy, Sondhi, Mayor Pro Tem Keenan, Mayor McCoy
ABSENT: Council Member McGill
STAFF PRESENT: City Manager, City Attorney, Director of Finance and
Administrative Services, Community Development Director, Chief of Police, Public
Works Director, Recreation and Community Services Director, Assistant to the City
Manager, Assistant Community Development Director, Assistant City Engineer,
Associate Planner, and City Clerk.
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Piercy.
INVOCATION: The invocation was given by Pastor Jerry Schumard, Cypress First
Baptist Church.
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 regarding the Civic Center
improvement project and expansion of the Community Center. The City Council
provided input and staff will report back to the Council at a later date.
Mayor McCoy stated that he was pleased to announce that earlier today the City of
Cypress and Cottonwood Christian Center approved agreements and put in to motion a
settlement process that achieves a method to dismiss all lawsuits between both parties,
allows the City to pursue a retail development on the parcel at Katella and Walker
Street, simultaneously provides Cottonwood with a new site for its church and related
facilities that is now a portion of the golf course, and signals a beginning of a new spirit
of cooperation between the City of Cypress and Cottonwood Christian Center. The City
and Cottonwood Christian Center will be working to complete the pre-closing conditions
related to the purchase agreements in order to meet the target date of August 31, 2003
for the close of both escrows. He stated the City staff did an excellent and thorough job
in ensuring that the future of Cypress is in good hands. He thanked City Manager Pat
Importuna and Community Development Director David Belmer for the work and
dedication they had in ensuring the financial stability and future of the City. He also
thanked City Attorney Bill Wynder and the legal staff for putting together the
agreement.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the Closed Sessions were not held.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor McCoy asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Pete Kinnahan, Cypress Residents for Planned Community Development, thanked the
City Council, City staff, Cottonwood Christian Center leadership, and citizens for their
diligent efforts in securing a mutually acceptable agreement between the City,
Redevelopment Agency, and Cottonwood Christian Center.
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 A REQUEST TO APPROVE
AMENDMENT NO. 1 TO THE GRINDLAY/ORANGE SPECIFIC PLAN, CONDITIONAL
USE PERMIT NO. 2003-02, AND TENTATIVE TRACT MAP NO. 16280, TO ADD A
RESIDENTIAL ALTERNATIVE TO THE GRINDLAY/ORANGE SPECIFIC PLAN AND
CONSTRUCT EIGHT (8) DETACHED RESIDENTIAL UNITS ON THE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF ORANGE AVENUE AND GRINDLAY
STREET IN THE PC PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Mayor Pro Tem Keenan asked how the joint parking use would be handled.
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
The Associate Planner stated an easement agreement with both parties will grant
reciprocal parking, which will then be recorded with the County.
The applicant, Roy Ward, Mertco, Inc., stated he has worked very closely with staff
regarding the concerns of the neighbors about parking, which has not been completely
successful. He agrees with all conditions placed on the project by staff.
The public hearing was opened.
Mayor McCoy asked if there was anyone who wished to speak in favor of the item.
The following individuals spoke in favor of the project:
Jack Warner, Cypress
Dean Wood, Cypress
Kim Williams, Cypress
Dorothy Ledum, Cypress
Mayor McCoy asked if there was anyone who wished to speak against the item.
The following individuals spoke in opposition to the project:
Dorothy Bryant, Cypress
Wendy Hearn, Cypress
Emilio Casem, Cypress
Rob O’Connell, Cypress
The public hearing was closed.
Council Member Piercy stated that she attended the meeting with Mr. Ward and the
homeowners to better understand the concerns over the project. She stated that Mr.
Ward’s changes to accommodate more parking may not be the ideal solution but it is a
better one.
Council Member Sondhi stated that even though the garages have been changed from
three car to two car, 8 parking spaces have been added for the homes plus an
additional 11 reciprocal parking spaces for use by both developments.
Mayor Pro Tem Keenan asked if the corner cut met the standards for site distance in
the City.
The Assistant Community Development Director stated it meets the standards and is
also in response to Council direction in trying to match the corner development with the
Civic Center and other properties to the east.
Mayor Pro Tem Keenan asked about the current condition of the property.
The Assistant Community Development Director stated there are currently two issues:
the building is not necessarily abandoned and the financial lender is using the building
as collateral and will not allow the building to be demolished.
Mayor McCoy stated that because of safety issues, parking on Grindlay and Orange
near the property is not an option. He stated the plans submitted are ones the Council
can work with but not without some reservations.
Mayor McCoy asked about the lighting for the interior of the project and stated he has a
concern about safety for people walking and in the parking areas.
The Assistant Community Development Director stated it has not been determined but
at previous projects conditions have been placed where lighting glare does not go over
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
the property line. He stated the safety issues can also be addressed through the project
conditions.
Mayor McCoy asked about the dimensions of the landscaping on Orange Avenue
between the wall and the sidewalk.
Mr. Ward stated it is a ten-foot setback from the sidewalk.
Council Member Piercy asked if the windows could be rearranged on the units located
on lots 3, 4, and 5 where the second story balconies have been removed, so the
residents on Sowma have more privacy.
Mr. Ward stated a study has already been submitted to the staff.
It was moved by Council Member Piercy and seconded by Council Member Sondhi, to
introduce for first reading an Ordinance adopting Amendment No. 1 to the
Grindlay/Orange Specific Plan for the Properties Located at the Northwest Corner of
Grindlay Street and Orange Avenue, to adopt the Resolution by title only, approving
Conditional Use Permit No. 2003-02 – With Conditions, and to adopt the Resolution by
title only, approving Tentative Tract Map No. 16280 – With Conditions, as amended.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO THE GRINDLAY/ORANGE
SPECIFIC PLAN FOR THE PROPERTIES LOCATED AT THE NORTHWEST
CORNER OF GRINDLAY STREET AND ORANGE AVENUE.
RESOLUTION NO. 5636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2003-02 –
WITH CONDITIONS.
RESOLUTION NO. 5637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 16280 –
WITH CONDITIONS.
The meeting was recessed at 8:30 p.m.
The meeting was reconvened at 8:38 p.m.
Item No. 2: PUBLIC HEARING REGARDING AMENDMENT NO. 2003-03, A
PROPOSAL TO AMEND THE CYPRESS CITY CODE REGARDING LOCATIONAL
AND OPERATIONAL REQUIREMENTS FOR LIVE ENTERTAINMENT USES.
The Assistant Community Development Director provided background information on
this item.
The public hearing was opened.
Mayor McCoy asked if there was anyone who wished to speak in favor of the item.
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
Mayor McCoy asked if there was anyone who wished to speak against the item.
The public hearing was closed.
It was moved by Mayor Pro Tem Keenan and seconded by Mayor McCoy, to introduce
for first reading an Ordinance amending Section 9-8 (b) of the Cypress City Code
Regarding Locational and Operational Requirements for Live Entertainment Uses.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McGill
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 9-8 (B) OF THE CYPRESS CITY
CODE REGARDING LOCATIONAL AND OPERATIONAL
REQUIREMENTS FOR LIVE ENTERTAINMENT USES.
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.
Mayor Pro Tem Keenan requested Item No. 6 be pulled from the Consent Calendar.
It was moved by Mayor Pro Tem Keenan and seconded by Council Member Piercy, to
approve Consent Calendar Items No. 3 through 5 and 7 through 10.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: McGill
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
JANUARY 27 AND FEBRUARY 10, 2003.
Recommendation: That the City Council approve the Minutes of the Meetings of
January 27, and February 10, 2003, as submitted.
Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 5: PROCLAIMING MARCH 1, 2003, AS “KOREAN IMMIGRATION DAY” IN
THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim March 1, 2003,
as “Korean Immigration Day” in the City of Cypress.
Item No. 7: AWARD OF CONTRACT FOR 2002-03 RESIDENTIAL STREET
RESURFACING, PHASE I, PUBLIC WORKS PROJECT NO. 2002-47.
Recommendation: That the City Council: 1) Determine the lowest responsible bidder
for Public Works Project No. 2002-47 to be Ruiz Engineering Company, 1344 Temple
Avenue, Long Beach, California 90804; and 2) Award a contract for 2002-03
Residential Street Resurfacing, Phase I, in the amount of $294,955.85 to Ruiz
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
Engineering Company; and 3) Authorize $29,500 (10% of Bid Amount) as contingency
to be used for unforeseen work or adjustment in quantities.
Item No. 8: AWARD OF CONTRACT FOR THE PURCHASE AND INSTALLATION
OF A COMPUTERIZED, INTERACTIVE TRAINING SYSTEM.
Recommendation: That the City Council award a contract for the purchase and
installation of a computerized, interactive training system to Mancom Manufacturing
Incorporated, 1335 Osprey Drive, Ancaster, Ontario, Canada, L9G4V5, for an amount
not to exceed $50,000.
Item No. 9: ACCEPTANCE OF STATE EMERGENCY MANAGEMENT GRANT AND
APPROPRIATION OF FUNDS.
Recommendation: That the City Council: 1) Accept the State Emergency Management
Grant, for the amount of $3,092; and 2) Approve an increase to estimated revenues in
the General Fund in Other Grants account number 3525-11-999-99 for $3,092; and 3)
Approve the appropriation of $3,092 from the unreserved fund balance of the General
Fund to Small Tools and Equipment account number 4113-11-180-05, for the purchase
of various emergency services and training related equipment.
Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY,
2003.
Recommendation: Receive and file.
Regarding Item No. 6: APPROVAL OF CONTRACT SERVICES AGREEMENT
FOR CITY ATTORNEY CONTRACT LEGAL SERVICES, Mayor Pro Tem Keenan
commended and congratulated the City Attorney for starting his own law firm.
It was moved by Mayor Pro Tem Keenan and seconded by Council Member Sondhi, to
approve the Contract Services Agreement for City Attorney Contract Legal Services
with Aleshire & Wynder, LLP, as submitted.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Piercy, Sondhi, Keenan and McCoy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: McGill
END OF CONSENT CALENDAR
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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CITY COUNCIL MINUTES FEBRUARY 24, 2003
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Allen Crowder, Cypress, congratulated City Attorney Wynder on his new law firm,
Aleshire & Wynder, LLP, and approval of the contract services agreement with Aleshire
& Wynder, LLP.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McCoy requested reports from the Council Members on their respective
committee assignments.
Council Member Sondhi:
Attended a Housing and Community Development Commission Project Advisory
Committee meeting where potential affordable housing projects were reviewed.
Attended the Cypress College Americana Awards.
Council Member Piercy:
Attended the opening day ceremonies for Cypress Little League at Oak Knoll Park.
Attended the opening day ceremonies for girls’ softball. Attended the Cypress College
Americana Awards.
Mayor Pro Tem Keenan:
Attended an Orange County Transportation Authority Transit Planning and Operations
Committee meeting where an upgrade to older buses was approved. Attended a West
Comm Board Meeting where the quarterly financials were reviewed and a badge
pinning ceremony was held for Lisa Barr, Executive Director. Attended an O.C. League
of California Cities meeting where a roundtable discussion was held with media experts
and press representatives on dealing with the media. Attended a leadership roundtable
held by Congressman Ed Royce. Attended an Orange County Transportation Authority
Board meeting where a traffic and revenue study related to the 91 Express Lanes was
held.
Mayor McCoy:
Stated that West Comm Executive Director Lisa Barr will do an excellent job for the
cities of Cypress, Los Alamitos, and Seal Beach. Attended the opening day ceremonies
for Cypress Little League where there are now two Challenger teams for disabled
players. Attended the girls’ softball opening ceremonies. Attended the Cypress College
Americana Awards.
ITEMS FROM CITY MANAGER:
The City Manager recognized Randy Karsting, President, Cypress Chamber of
Commerce, and the Chamber’s renewed level of commitment in attending City Council
meetings and community events.
ADJOURNMENT: Mayor McCoy adjourned the meeting at 8:58 p.m. to Monday, March
10, 2003, beginning at 5:30 p.m. in the Executive Board Room.
____________________________________
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY COUNCIL MINUTES FEBRUARY 24, 2003
___________________________________
CITY CLERK OF THE CITY OF CYPRESS
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