Minutes 2006-11-27
286
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 27,2006
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Sondhi in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Lydia Sondhi
Mayor Pro Tem/Agency Vice Chair Phil Luebben
Council/Agency Board Member Frank McCoy
Council/Agency Board Member Mike McGill
Council/Agency Board Member Todd Seymore
Others present:
Interim City Clerk Denise Basham
The Mayor reported that the City Council would be meeting in Closed Session
regarding Public Employee Appointment, pursuant to Government Code Section 54957,
Title: City Manager.
At 6:01 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 Sondhi.
Members present:
Mayor/Agency Chair Lydia Sondhi
Mayor Pro Tem/Agency Vice Chair Phil Luebben
Council/Agency Board Member Frank McCoy
Council/Agency Board Member Mike McGill
Council/Agency Board Member Todd Seymore
Others present:
Acting City Manager Richard Storey
City Attorney William Wynder
Acting Community Development Director Ted Commerdinger
Chief of Police Rick Hicks
Public Works Director Doug Dancs
Recreation and Community Services Director Laura Detweiler
Police Captain Mark Yokoyama
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager June Liu
Finance Manager Matt Burton
Water Quality Manager Gonzo Vazquez
Associate Planner Doug Hawkins
Associate Planner Kori Nevarez
Interim City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
McCoy.
INVOCATION: The invocation was given by Council Member McGill.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
PRESENTATIONS:
A video presentation was made by the Cypress Chamber of Commerce in recognition
of outgoing Council Members Sondhi, McCoy, and McGill.
Mayor Pro T em Luebben presented City watches as a token of appreciation and
Resolutions highlighting the accomplishments of outgoing Council Members Sondhi,
McCoy, and McGill.
Council Member Seymore stated that it has been a pleasure working with the Council
Members for the last two years and that they are an asset that will be missed.
Mayor Sondhi thanked former Council Member Keenan for his mentoring. She stated
that it has been a privilege to serve the community for the past eight years. She
thanked her family, staff, her fellow Council Members, and the community for their
support.
Council Member McCoy stated that it has been a memorable eight years. He thanked
his family for their support, the residents for their belief in him, City staff, and his
colleagues. He introduced and thanked Council Member Chavez from Oceanside for
his attendance at the meeting.
Council Member McGill commended staff and his colleagues for their team effort.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
Mayor Sondhi reported that the City Council met in Closed Session regarding Public
Employee Appointment, pursuant to Government Code Section 54957, Title: City
Manager. She stated that no reportable action was taken.
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 Sondhi asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Tim Keenan, Cypress, thanked the City Council for their hard work and dedication over
the last eight years.
Joseph McGill, Fullerton, spoke regarding the proposed Walgreen's store at Valley
View Street and Lincoln Avenue.
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 SIX-MONTH EXTENSION OF
AMENDMENT TO CONDITIONAL USE PERMIT NO. 96-1 , INVOLVING AN
AESTHETIC UPGRADE TO AN EXISTING TELECOMMUNICATIONS ANTENNA
FACILITY LOCATED AT 5285 CYPRESS STREET IN THE PC PLANNED
COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Council Member Seymore asked about consideration of using a monopine or palm tree
upgrade at this location.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
The Associate Planner stated that changing to a monopine adds additional weight and
cost for the upgrade.
Mayor Sondhi asked about the need for an extension due to the reorganization of the
company.
The Associate Planner stated that it is common practice in the industry now with
company mergers and companies that purchase the right to manage cell sites.
The public hearing was opened.
Eduardo Rodriguez, Global Signal, was available to answer questions.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
Mayor Sondhi asked if there was anyone who wished to speak against the item.
Council Member McCoy stated that for aesthetics, the City should use pine or palm
antennas.
Council Member McGill commented regarding giving the company some consideration
for modifying the existing antenna and agreed with Council Member McCoy about the
use of palm or pine antennas.
The public hearing was closed.
It was moved by Council Member McGill and seconded by Council Member Seymore,
that the City Council adopt the Resolution by title only, approving the Extension of
Amendment to Conditional Use Permit No. 96-1 (until April 10, 2007), subject to the
revised conditions in Exhibit "A" of the Resolution.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: 1 COUNCIL MEMBERS: McCoy
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 5992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A SIX (6) MONTH EXTENSION OF AMENDMENT TO
CONDITIONAL USE PERMIT NO. 96-1 - WITH REVISED CONDITIONS.
Item NO.2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2006-10. A REQUEST TO ESTABLISH A TAKE-OUT PIZZA RESTAURANT WITHIN
AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 6879 KATELLA AVENUE
IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.
The Associate Planner provided background information on this item.
Council Member Seymore confirmed with staff that there was not a request for an
alcoholic beverage license for a take-out establishment. He asked whether a
prohibition of an ABC license could be included.
The City Attorney indicated that that prohibition would not be appropriate. He stated
that an ABC application is brought by the property owner and the proprietor of the
establishment and at that time it goes through ABC and CUP review.
The public hearing was opened.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
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CITY COUNCIL MINUTES NOVEMBER 27,2006
The applicant, Irfan Boukai, Papa John's Pizza, indicated he was available to answer
any questions.
Mayor Sondhi 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 Council Member McGill, that
the City Council adopt the Resolution by title only, approving Conditional Use Permit
No. 2006-10, subject to the conditions in Exhibit "A" of the Resolution.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 5993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2006-10
- WITH CONDITIONS.
Item NO.3: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2006-09. A REQUEST TO ADD THE ON-SITE SALE OF BEER AND WINE TO THE
EXISTING PHILL Y GRILL RESTAURANT LOCATED AT 6312 LINCOLN AVENUE IN
THE PC PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Mayor Sondhi asked about the business being open without complying with the Fats,
Oils, and Grease (FOG) program.
The Associate Planned indicated that this business has been operating approximately
six months without being in compliance with the FOG program.
Council Member Seymore expressed his concern about the other five locations in the
area with alcohol beverage permits. Because of the other uses around this location, he
was concerned about adequate parking on the site, as well as the applicant's refusal to
install the mandatory fats, oils, and grease interceptor.
Council Member McGill asked for clarification for the public on the Fats, Oils, and
Grease program.
The Water Quality Manager stated that the Fats, Oils and Grease program came about
as a result of a permit that was adopted by the State of California in 2002, known as a
Waste Discharge Requirements Permit. All cities and counties were required to
implement programs that would address the issue of fats, oils, and grease being
released into sanitary sewer systems, primarily to implement programs that apply to
food service establishments, to avoid sanitary sewer overflows which can end up going
into our storm drain systems and eventually into the ocean.
The public hearing was opened.
The applicant, Narain Singh, provided background information on why there was not a
grease interceptor at the restaurant. He stated that a grease trap under the sink was
initially approved by the City and the Health Department for the type of food served at
the establishment.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
Mayor Sondhi asked if there was anyone who wished to speak against the item.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
The public hearing was closed.
Council Member McGill asked for clarification on the plan check process at the time the
restaurant was opened.
The Water Quality Manager stated that the applicant was advised that a grease
interceptor device would need to be installed as part of his operation.
Council Member McGill expressed his apprehension for an on-site beer and wine
request for a conditional use permit in light of other indicators such as compliance with
the FOG program.
Mayor Pro Tem Luebben commented on the information provided on the other ABC
establishments in the surrounding vicinity. He stated that when there is a business
establishment that is conducting business in accordance with all other rules and
regulations, you put them at a disadvantage if you try to tell them they cannot serve
beer and wine when all their competitors are. He was concerned, however, about the
fats, oils, and grease statutes, which are very important because of the spillages and
backflows, etc. He stated that the City has spent a great deal of time in the past few
years evaluating and hiring experts to come up with a very fair way to manage FOG
issues.
Council Member McCoy commented about being business-friendly and a business
blatantly not following State or City requirements.
It was moved by Council Member McCoy and seconded by Council Member Seymore,
that the City Council deny Conditional Use Permit No. 2006-09.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Mayor Sondhi commented that once the FOG process or requirements have been met,
that the City Council would be willing to hear the application on the merits, but is
interested in seeing compliance with all the rules and regulations of the City prior to
consideration of the CUP for sale of beer and wine on-site.
Item NO.4: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2006-11 , A REQUEST TO CONSTRUCT FIVE (5) DETACHED CONDOMINIUM
UNITS ON THE PROPERTY LOCATED AT 5591-5597 SPRAGUE AVENUE IN THE
RM-15 RESIDENTIAL MUL TIPLE-FAMIL Y ZONE.
The Associate Planner provided background information on this item.
Mayor Sondhi asked for clarification on the number of designs for the project.
The Associate Planner indicated that there are two different floor plans.
The public hearing was opened.
The designer, Manny Montes, representing the applicant, was available for questions.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
Mayor Sondhi asked if there was anyone who wished to speak against the item.
The public hearing was closed.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
Council Member McGill commented regarding the setback for landscaping and the
sidewalk, parking adequacy at infill projects, and the "bowling alley" affect of the project.
The Associate Planner indicated that the setback was 20 feet. He stated that the
bowling alley affect is due to the shape of the property. Typically when there is a
development like this, staff asks the property owner if they have approached the
adjacent property owners to purchase their property so they can eliminate this bowling
alley affect. Unfortunately, when dealing with one property, there is little or no room to
design a project that can eliminate this kind of affect on narrow property.
Councilmember McGill stated there was adequate setback, parking, and not a
maximum build-out of the property.
Mayor Sondhi asked about trash containers for the project.
The Associate Planner indicated that for this particular street, trash receptacles are
placed out on Sprague Avenue, typical for all developments except for those with turn-
arounds provided on site. He reported that this property is just over 300 feet deep.
Council Member McCoy expressed his concerns over the project. He was concerned
about the bowling alley affect, that the design for the drive was too sterile, and that the
architecture was bland.
Council Member Seymore asked about the exterior of the buildings and whether faux
rock or brick on the lower portion was considered.
The Associate Planner reported that this was discussed with the designer and the
applicant but they preferred to do a colored accent band.
Mayor Pro Tem Luebben inquired about the width of the property and the need for
improvements to make it more aesthetically pleasing, such as brick or flagstone insets
in the driveway and more improvements to the units.
The Associate Planner stated that the lot was just over 68 feet wide, and that one of the
conditions requires stamped, colored concrete at least 20 feet in depth, located at the
entrance to the project site. He stated that the condition can be modified if Council
desires to add insets, etc.
Council Member Seymore commented that 20 feet of stamped, colored concrete could
be required every other 20 feet, to break up the monotony. He urged faux stone or
brick be required on the lower portion of the building.
Council Member McGill stated that he would like the City Council to continue this item
since there is real potential here to make the best use of the parcel.
It was moved by Council Member McCoy and seconded by Council Member McGill, to
continue this item to the January 8, 2007 Council meeting.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item NO.5: PUBLIC HEARING REGARDING APPLICATIONS FOR SPECIAL
RESIDENTIAL ADDRESSING SERVICE PERMITS.
The Water Quality Manager provided background information on this item.
Council Member McCoy asked about the notification process and donations for the
service.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
The Water Quality Manager commented that City policy is that the applicant must paint
all of the curb address numbers, whether or not a resident requests that it be painted.
The donation for the service is voluntary.
Mayor Sondhi commented about notification to the community about legitimate
organizations performing this service.
The public hearing was opened.
An applicant, Austin Reinitz, Care for the Children, asked for extended hours to collect
donations for services if the City does approve the permit. An extension of an hour or
an hour and a half later would be helpful to reach residents who work.
Mayor Pro Tem Luebben asked about revenues that go to the charity and collection of
donations.
Mr. Reinitz responded that Care for the Children is an international organization and
that the charity receives 100% of the money, and then the services are paid a
percentage of the donations if funds are available. He indicated current fund raisers and
recipients of their charity.
The Water Quality Manager indicated that there are approximately 12,000 households
in the City.
Council Member McCoy asked how much of the money collected actually goes to the
charity.
Mr. Reinitz reported that painters get $1.45 per address; approximately one household
in five will pay $20, one will not pay, with the remainder paying from $1 to $10. The
charity receives $.30 per address and receipts average $3.00 - $4.00 per house.
Mayor Sondhi asked if there was anyone who wished to speak in favor of the item.
Mayor Sondhi asked if there was anyone who wished to speak against the item.
Doug Bailey, Cypress, President of the Boys and Girls Club, asked the City Council to
consider charities that have higher percentages of collected funds going directly to the
charity.
The public hearing was closed.
Mayor Sondhi asked for clarification on the process and frequency of painting.
The Water Quality Manager discussed the application process for the curb numbering
service. There was no public notification, but the City was approached by the groups to
provide the service. He stated that the last time curbs were painted was four years ago.
Mayor Sondhi commented regarding local service groups possibly providing the service
through a clear process.
Mayor Pro Tem Luebben commented regarding the development of an open process
for local organizations to step forward and paint curbs and have those funds benefit
their charity. A return of 10% to a charity was unacceptable to him.
Council Member Seymore expressed his concerns regarding collection by charities for
this service. He felt there was a need for the service to be done, but has reservations
about how charities go about doing this.
Council Member McGill also commented regarding amounts collected that are going to
the non-profit organizations and formalizing the process more.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
It was moved by Council Member McGill and seconded by Mayor Pro Tem Luebben,
that the City Council deny the applications without prejudice to resubmit.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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.
Council Member Seymore requested Agenda Item No. 13 be pulled from the Consent
Calendar.
Council Member McGill requested Agenda Item No. 8 be pulled from the Consent
Calendar.
It was moved by Council Member Seymore and seconded by Council Member McCoy,
to approve Consent Calendar Items No.6, 7, and 9 through 12.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No.6: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
NOVEMBER 13, 2006.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 13, 2006, as submitted.
Item NO.7: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item NO.9: APPROVAL OF URBAN AREA SECURITY INITIATIVE (UASI)
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT OR SERVICES OR
REIMBURSEMENT OF TRAINING COSTS.
Recommendation: That the City Council: 1) Approve the recommended purchase of
equipment or services, or training reimbursement provided by the Urban Area Security
Initiative (UASI) grant program; and 2) Approve the increase to the estimated revenues
in the General Fund in Other Grants, account number 3525-11-999-99, in the amount
of $13,052 for the 2006 UASI grant; and 3) Approve the appropriation of $13,052 from
the 2006 UASI grant to the unreserved fund balance of the General Fund to Emergency
Services Training, account number 4206-11-180-05, for training related to terrorism,
and 4) Authorize the Mayor to execute three (3) original copies of the "Agreement for
Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs
for FY06 Urban Area Security Initiative (UASI)."
Item NO.1 0: ACCEPTANCE OF FISCAL YEAR 2005-2006 ANNUAL REPORT FOR
THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the City Council accept and direct staff to file the Fiscal Year
2005-2006 Annual Report of the Cypress Redevelopment Agency with the State
Department of Housing and Community Development by December 31,2006.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER.
2006.
Recommendation: That the City Council receive and file the Investment Report for the
month of October, 2006.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78224 THROUGH
78410. ~i>!!i'~
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2006-07.
Reqardinq Item NO.8: APPROVAL OF AGREEMENTS AND AWARD OF
CONTRACTS FOR CLOSED CIRCUIT TV INSPECTION OF CITY'S SANITARY
SEWER LINES. PUBLIC WORKS PROJECT NO. 2006-18, Council Member McGill
stated that the City's sewers were some of the finest in the County because of the
maintenance by Public Works. He requested a brief staff report on this item.
The Public Works Director provided information on the inspection of the sanitary sewer
system.
Council Member McGill thanked Public Works for its diligence, and stated that he hopes
the City never suffers a major sewage leak.
It was moved by Council Member McGill and seconded by Council Member Seymore,
that the City Council: 1) Approve and authorize the City Manager to execute the
agreement with Orange County Sanitation District to receive matching funds from the
Cooperative Project Program for Sewer Condition Assessment Plan, Public Works
Project No. 2006-18 and approve an increase in the estimated revenues for the Sewer
Fund (Other Grants-Account No. 3525-41) in the amount of $325,000; and 2) *"~
Determine it is in the best interest of the City, based on a time and costs savings, to
dispense with the request for qualifications (RFQ) process for professional consulting
services; and 3) Award a contract in the amount of $230,640 and authorize the City
Manager to execute the agreement for Preparation of City's Sewer Condition
Assessment Plan to AKM Consulting Engineers, 101 Pacifica, Suite 150, Irvine,
California 92618, and authorize a contingency of $23,000 (10% of Bid Amount) and
direct the Director of Public Works/City Engineer to act as Contract Officer and issue
any necessary change orders to complete additional work within budgetary authority;
and 4) Award a contract in the amount of $339,700 and authorize the City Manager to
execute the agreement for Cleaning and Closed Circuit TV Inspection of Sanitary
Sewer Lines to National Plant Services, 1461 Harbor Avenue, Long Beach, California
90813, and authorize a contingency of $34,000 (10% of Bid Amount) and direct the
Director of Public Works/City Engineer to act as Contract Officer and issue any
necessary change orders to complete additional work within budgetary authority.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Recreation and Park District Matters:
Reqardinq Item No. 13: DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON
BUILDERS TO RESCIND THE AWARDED BID WITH FLlNTRIDGE LANDSCAPE
AND T-CONSTRUCTION AND ENTER INTO CONTRACT WITH THE NEXT LOWEST
RESPONSIBLE BIDDER AND AWARD THE PHASE 5 BID FOR THE CYPRESS
COMMUNITY CENTER MODERNIZATION AND EXPANSION - PROJECT NO. 2005-
35, Council Member Seymore commented that the Council is being asked to rescind an
awarded contract and asked to pay more money for services that will be rendered. He
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
stated that although the City will probably have to approve these, he wanted to bring it
to the public's attention.
Gary Chubb, Griffin Structures, responded to Council Member Seymore's comments
and questions. He stated that when a public works bid is received and then the
contractor refuses to enter into a contract for several reasons, it typically requires action
to award the contract to the second lowest bidder. He stated that Griffin Structures has
offered to refund, as part of their management fee, the equivalent of what would have
been in place if these contractors had placed a bid bond. He stated that due to a tight
schedule, they felt it was their diligence to the City to start the work on time.
Council Member Seymore commented on what role the project managers should
perform in analyzing and reviewing the bid numbers.
Mayor Pro Tem Luebben asked the City Attorney about the process and obligation to
accept the bids that were submitted.
The City Attorney responded that this was a very unusual contract in that the City
delegated some of its "police powers" to a construction manager to do the work for
them. The primary advantage is this will bring a contract in earlier than the normal
design, bid, and build process. He commented on the public contracts code and the
process had the City not used a construction manager for the project.
Mayor Pro Tem Luebben asked what discretion the contractor has when the bids were
received.
The City Attorney explained some of the things the project manager can do in reviewing
the bids.
Mayor Sondhi commented on the term "lowest responsible bidder", the project
manager's due diligence, the loss of control, and the guaranteed maximum project
price.
Council Member McCoy commented regarding any cost savings that would be realized
by the City and that, unfortunately, at this point in time, the City has lost realized
potential savings of $67,000.
It was moved by Council Member Seymore and seconded by Council Member McGill,
that the City Council, acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District, direct Griffin Structures Inc. (its Project Manager) and its
Construction Manager, Swinerton Builders, for Project No. 2005-35, Modernization and
Expansion of Cypress Community Center, to: 1) Rescind the award of contract to
Flintridge Landscape and T-Construction, due to the failure to execute the required
contracts; and 2) Authorize the Project Manager to enter into replacement contracts with
the second lowest responsible bidders American Demolition and Preferred Landscape;
and 3) Authorize the Project Manager to award the Phase 5 contract for flooring to SCS
Flooring Systems. Each of these actions is requested in accordance with Section 3.7 of
the July 10, 2006 Council Approved Program Management Agreement (the "Agreement").
Recommendation for award of bids are as follows:
Trade Contractor Total Contract Amount
Landscape Preferred Landscape $135,000.00
Demolition American Demolition 118,000.00
Painting Sanders & Wohrman 49,800.00
Flooring SCS Flooring Systems 20,846.00
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: 1 COUNCIL MEMBERS: McCoy
ABSENT: 0 COUNCIL MEMBERS: None
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
ORDINANCES (SECOND READING):
Item No. 14: SECOND READING OF AN ORDINANCE ADOPTING SPECIFIC PLAN
AMENDMENT NO. 2006-01 , A REQUEST TO ELIMINATE THE MAXIMUM FRONT
YARD SETBACK REQUIREMENT IN THE CV CAMPUS VILLAGE DISTRICT OF THE
LINCOLN AVENUE SPECIFIC PLAN.
It was moved by Council Member Seymore and seconded by Council Member McGill,
to adopt the Ordinance by title only, approving Specific Plan Amendment No. 2006-01.
Mayor Sondhi stated that she felt the City was denying the long history that went into
the development of this portion of the Specific Plan on Lincoln Avenue.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: McCoy, McGill and Seymore
NOES: 2 COUNCIL MEMBERS: Luebben and Sondhi
ABSENT: 0 COUNCIL MEMBERS: None
ORDINANCE NO.1 085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 4.5.1, DEVELOPMENT
STANDARDS MATRIX, TABLE 2, OF THE LINCOLN AVENUE
SPECIFIC PLAN FOR THE PURPOSE OF ELIMINATING THE
MAXIMUM FRONT YARD SETBACK REQUIREMENT WITHIN
THE CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN A VENUE
SPECIFIC PLAN.
Item No. 15: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 2.
ARTICLE IV. SECTIONS 2-40 THROUGH 2-120 RELATED TO "BOARDS.
COMMISSIONS AND COMMITTEES" AND THE CABLE TELEVISION COMMISSION.
It was moved by Council Member Seymore and was seconded by Mayor Pro Tem
Luebben, to adopt the Ordinance by title only, approving Amendment to Chapter 2,
Article IV, Sections 2-40 through 2-120 related to "Boards, Commissions and
Committees" and the Cable Television Commission.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ORDINANCE NO. 1086
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND THE EX OFFICIO GOVERNING BODY OF THE CYPRESS
RECREATION AND PARK DISTRICT, AMENDING CHAPTER 2,
ARTICLE IV, SECTION 2-40 THROUGH 2-120, RELATED TO
"BOARDS, COMMISSIONS AND COMMITTEES" AND THE
CABLE TELEVISION COMMISSION.
NEW BUSINESS:
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
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CITY COUNCIL MINUTES NOVEMBER 27,2006
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Young Chai, Cypress Chamber of Commerce, provided an update on Chamber
activities and events.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Sondhi requested reports from the Council Members on their respective
committee assignments.
Council Member Seymore:
Attended an O.C. Fire Authority Board meeting. Attended the Donald Sowma Police
Memorial at the Cypress Police Department. Attended a West Comm Board meeting.
Council Member Seymore reported on his attendance and involvement at various
community events and activities.
Upon request of Council Member Seymore, Police Chief Hicks provided an overview of
the Donald Sowma Police Memorial event.
Council Member McCoy:
Thanked the Chamber for the video presented this evening and thanked staff for all its
hard work.
Mayor Pro Tem Luebben:
Attended an O.C. Sanitation District Board meeting. Mayor Pro Tem Luebben reported
on his attendance and involvement at various community events and activities.
Mayor Pro Tem Luebben thanked the three outgoing Council Members for their counsel
and guidance, and for their service.
Mayor Sondhi:
Mayor Sondhi reported on her attendance and involvement at various community
events and activities.
Other Items:
1. Discussion Regarding Political Contributions and Campaign Disclosures
(Requested by Council Member McGill)
Council Member McGill requested that political campaign donations be agendized at a
future meeting that mirrors the County's contribution limit of $1,500.
Mayor Pro Tem Luebben stated the he felt that it would be appropriate for the next City
Council to agendize if they felt the need.
Council Member McCoy stated his agreement with Mayor Pro Tem Luebben.
Council Member Seymore indicated his agreement with agendizing the item for a future
meeting.
Mayor Sondhi also indicated her agreement with agendizing this item for discussion at a
future workshop session.
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CITY COUNCIL MINUTES NOVEMBER 27, 2006
Council Member McGill stated that the second item he would like to have agendized is
that campaign disclosure documents required by the FPPC be made available on the
City's website as information for the public.
Council Member McCoy clarified what filings.
Mayor Sondhi felt that full disclosure of information would be helpful.
Mayor Pro Tem Luebben commented that he did not have any problem with
transparency but questioned the timing of the requests.
Council Member Seymore stated that he would like to see this item agendized also.
Mayor Sondhi asked that a City-sponsored Electronic Waste Day be agendized as
some charitable organizations will no longer accept used computers, etc.
Mayor Pro Tem Luebben commented on the additional cost to the City to dispose of
these items.
Mayor Sondhi stated she would like to see a once-a-year event or in conjunction with
another city.
Council Member Seymore provided information on a recycling center in Anaheim for
electronic waste and indicated his support for a once-a-year drop off at the Civic
Center.
Council Member McCoy stated that he would like to see the agenda item be expanded
to include paint and other types of household wastes from Cypress residents.
Council Member McGill concurred with Mayor Sondhi's comments and stated that it
would be a welcomed discussion point for future discussion.
ITEMS FROM CITY MANAGER:
The City Manager thanked the outgoing Council Members for their support of staff
during their eight years on the City Council.
ADJOURNMENT: Mayor Sondhi adjourned the meeting at 10:21 p.m. to Monday,
December 11, 2006, beginning at 6:00 p.m. in the Council Chambers.
~
MA YOR OF THE CITY OF CYPRESS
ATTEST:
j)uLWL 0uow~
CITY CLERK OF THE CITY OF CYPRESS
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