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Minutes 2000-05-080490 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD MAY 8, 2000 A regular meeting of the Cypress city Council was called to order at 5:03 p.m. by Mayor Piercv in the Board Room, west Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: councilmembers Keenan, Sondhi, Mayor Pro Tem McGilI, Mayor Piercy ABSENT: Councilmember McCoy ALSO PRESENT: Also present were Interim City Manager Richard Storey, City Attorney Wynder, staffmembers Liu, DeCarlo and Espinosa WORKSHOP SESSION: Development of ArtS Foundation. A Workshop regarding the development of an ArtS Foundation for the City of Cypress was presented to the City Council, beginning with a report presented bv Recreation & Parks Director, Marvin DeCarlo. Mr. DeCarlo reminded the Councilmembers that they had provided direction at the City Council meeting of February 28 to re-examine recommendations made bv the City's Cultural ArtS Commission in regard to formulation of a Tax-Exempt, Non-Profit FOundation for the Arts in the City of Cypress. At that time, the COunCil had directed that the ma~er be scheduled for a future workshop presentation. The City'S Cultural Arts Commission had asked for assistance from the City Attorney in forming this Foundation, which would be comprised of a group of Cypress citizens not directly associated with the City government. Two issues required resolution; (1) whether the City could play an active role in the initial stages of forming the Foundation; and (2) whether the Friends of Cypress Cultural Arts (FOCCA), a 501(c)(3) tax-exempt status organization, could provide necessary resources for a new foundation. The Cities of La Palina and Los Alamitos have recently formed non-profit, 501(c)(3) foundations with tax exempt status. In La Palina, both "La Palina Foundation" and "Youth 20/20: A Community Project"; were formed, with assistance from the City Hall and City Council. Grant funding was provided bv the City, and direct support was withdrawn when appropriate. The "Los Alamitos Aquatics Foundation (LAAF)", also a 501(c)(3) non-profit foundation, was formed to raise funds for the renovation and maintenance of the LOS Alamitos Armed Forces Reserve Center swimming pool. Grant funding was provided by the City of LOS Alamitos; and City staff and councilmembers sit on the LAAF Board of Directors; although not in an official City capacity. Mr. DeCarlo advised that the cost to the Clty would be approximately $2,000-$3,000 if the City Attorney assists with the formatlon of the non-profit, tax-exempt foundation. The City Attorney mentioned the two Issues requiring resolution prior to a decision being made; (1) whether the City is permitted to expend funds to form a non- profit foundation, without engendering a gift of public funds; (2) if so, how shall that foundation be structured. Mr. WVnder advised that following review of the issues, he determined that because such a foundation would benefit the communil:y, it would be permissible for the City to mal(e such an expenditure. He then advised that the foundation could, at the discretion of the Council, be structured under an existing foundation, as a subsidiary of an existing foundation, or as an entirely new 501(c)(3) non- profit foundation. Mr. Wynder advised that as a non-profit entity, the only activity the foundation would be precluded from engaging in would be making a profit. Paula English, Chairperson of the Cypress Cultural ArtS Commission, provided background regarding the Friends of Cypress Cultural ArtS (F.O.C.C.A.). She explained that it was originally formed in 1993 as a means of raising funds for Parks & Recreation and Cultural Arts activities. Its focus had expanded since then; assuming many of the responsibilities for presenting programs originally sponsored bV the City, and most of its fundraising efforts are targeted toward funding those activities, such as the Concerts on CITY COUNCIL MEETING MAY 8, 2000 0491 the Green series. Mrs. English sald because F.O.C.C.A.'s functions have become so expansive, her recommendation was that an entirely new organization, the purpose of which is strictly to raise funds, is recommended. She suggested that it be administered by a large Board of Directors, such as is done in Garden Grove. Mrs. English added that the ultimate goals of the new foundation would be to raise money to fund the City's artistic foundations, and to assist in the construction of an arts facility. AliCia Klmble, F.O.C.C.A. member, explained the difficulty in combining fundraising efforts with the organization's present responsibilities. She stated that while F.O.C.C.A. would probably be able to perform the funding ralsing function, it would be preferable to establish an entirely new foundation to assume this responsibility. Mrs. Kimble said that F.O.C.C.A. is presently concentrating on the "Art in Public Places" program, on scholarships, and on the concert series, which leaves little time for other activities. FollOwing discussion involving staff, members of F.O.C.C.A., the Cypress Cultural Arts Commission and other community members, staff was directed to meet with the Cultural Arts Commission. The purpose of the meetings would be to develop an action plan for development of the Arts Foundation, and to form a group for incorporation of the non-profit entity. At 6:03 p.m., Mayor Plercy recessed the meeting to enable the City Council to meet in Closed Session for discussion of the agendized item. CLOSED SESSION: Conference with Labor Negotiator (CaI. Govt. Code §5495?.6). Agency negotiator - Richard Storey. Employee organization: Cypress Police officers Association. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:02 p.m. bv Mayor Piercy. PRESENT: ABSENT: Councilmembers Keenan, Sondhi, Mayor Pro Tern MCGilI, Mayor Piercy Councilmember MCCOy Also present were Interim City Manager Storey, City Attorney Wynder, and staffmembers Angus, DeCarlo, Liu, Krauss and Slnn. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led bv Councilmember Sondhi. INVOCATION: The invocation was given by Pastor Norm Johnson, cypress Park Community Church. PRESENTATIONS: The following presentations were made by Mayor Piercy: Cable Television & Technology Commission's Video Contest winners (assisted by Nelson Harper, Chairperson, Cable TV & Technology Commission); and to the High School Arts Recipients (assisted by Paula English, Chalrperson of Cypress Cultural Arts Commission). Finally, a donation for the purchase of a park bench at Oak Knoll Park from the woman's Club of Cypress to the City was made by Mary Mclver, Maria Sterk, Merle McCall and Dorothy Bryan. REPORT OF CLOSED SESSIONANORKSHOP AGENDA: Interim City Manager Storey presented a report regarding the Workshop held with the City Council at S:00 p.m., regarding the formation of a non-profit, tax-exempt foundation for development of the arts in Cypress. Structure of the proposed foundation was discussed with the Council, including composition of its Board of Directors and Its structure as an independent non-profit association. Private enterprise support was also considered. The City Council directed City staff to work with the Cultural Arts Commission to develop an action plan. and establish a group to Incorporate the non-profit foundation. City Attorney Wynder provided a report regarding the Closed Session held with the City Council to consider the status of collective bargaining negotiations between City 2 0 92 CITY COUNCIL MEETING MAY 8, 2000 staff and the Cypress Police Officers Association. A status report regarding those negotiations was presented to the City Council by the Interim City Manager; no direction from the Council was requested, and no action was taken. ORAL COMMUNICATIONS: SPEAKING ONCE.) LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, Mayor Piercy opened the Oral Communications session, and asked if anyone present wanted to comment on any topic not included on the meeting agenda. First to speak was Allcia Kimble, Vice Chairperson of the Cultural Arts Commission. Mrs. Kimble thanked the City Attorney and Mayor Piercv for providing master of ceremony services at a program culminating the Festival of Arts week. Mark and Kathy Binford, president and vice-president of Cypress High School Grad Nite, came forward to thank the Council for their continued support of Grad Nite activities. Gall Simonz, Cypress resident, next addressed the council. Ms. Simonz was present to advise the Council of problems with the Olson Company Development at Gay and Denni Streets. She alleged that installation of sidewalks on Gay Street detracts from the rural effect of the street. MS. Simonz said she thought the problem had been resolved by the construction of river rock swales along the sides of the road, which would maintain the rural ambiance, adequately handle any drainage problems, and preclude the installation of sidewalks. She felt that the Olson Company had been deliberately misleading the residents of the neighborhood when it submitted the plans for the development. Ms. Simonz articulated her desire for the sidewalks to be removed, and the abusing landscaped yards be extended to the swales. She also itemized a list of construction- related problems, which are interfering with her quality of life at the location. Ms. Simonz asked the Council to formally place removal of the sidewalks on a City Council agenda, asked that the "rural standard" of the location be restored, and submi~ed a petition signed by 23 residents of Gay Street in support of these requests. Paula English, Cultural Arts Commission chairperson, introduced herself. Mrs. English thanked the large number of community volunteers who assisted with the Cypress Arts Week. Mark Veturls, Cypress resident, addressed the Council. Mr. veturis referred to the City's annexation of Cypress Acres (northwest of Lincoln and Moody), which occurred eleven years ago. At the time of the annexation, Mr. Veturis alleged that the City entered into an agreement with the residents of that area and the County regarding installation of sidewalks and streetlights for the neighborhood within a period of three to five years. Mr. veturis mentioned some statistics which had been published, indicating that his neighborhood experienced a crime rate three times as high as other areas in the City. He claimed that resulted from lack of streetllghts and sidewalks. He deplored the fact that "the last slum in Cypress" was not being repaired, as he observed other projects taking precedence. Linda Me~zidis and Bridget Wolfe of the Cypress Masterworks Chorale next came forward. MS. Metzidis was present to extend everyone to the "voices 2000 Spring Variety Concert" to be held at Cypress College on Saturday, May 20, 2000, at 7:30 p.m., and Sunday, May 21, 2000, at 3:00 p.m. For further information, she asked that those interested call the hotline number at (714) 995-4832. NeXt tO speak was Carol Kiliany, who approached the Council with her husband, JaY Garcia. Ms. Killany provided a history of their ownership of the home located at 10684 Maple Street, and itemized their reasons for asking the Council to favorably consider their request to remove the parkway tree located at that residence (Agenda Item No. 14). Bernice Place, Cypress resident, was next to speak. Mrs. Place spoke to congratulate those who worked on the award-winning night for Cypress Arts Week. Mrs. Place also commented on the International City Theatre (ICT), explaining that she went to Long Beach to investigate it. She said they are funded from ticket sales and patrons; that they currently have 190 seats which they hope to ultimately expand to 825 seats. Mrs. Place outlined some of the programs presented by ICT. She felt that ICT was requesting support from the City of Cypress because it has an excellent corporate base, and that ICT sought support from corporate entities for its funding sources. Mrs. Place had reservations about sponsoring ICT, saying that any funding should remain in Cypress. Alex Bellehumeur, International City Theatre, nex~ addressed the Council. He acknowledged Mrs. Place's comments, noting that any new idea was bound to meet with CITY COUNCIL MEETING MAY 8,2000 0 9- a certain amount uncertainty. Mr. Bellehumeur expressed the opinion that the proposal ICT was making to the City of Cypress represented a mutually beneficial relationship for ICT and the City, and that ICT would continue to expend efforts to educate the residents about the benefits of the program. He advised the goal of ICT was to include all cities which lay within a 20-minute radlus of the theatre, and that ICT was currently being approached by other cities about potential association with ICT. ICT, however, was delaying any action, pending affiliation with the City of Cypress. Red Chadsey, Cypress resident, next addressed the Council. Mr. Chadsev spoke of the river rock swale installed on Gay Street, and asked if the City was planning to maintain it:. Councilmember Keenan announced that "Bogie", the Consumer Affairs Reporter from Channel 2, will be in Cypress on May 9th from 4:00 p.m. to 6:00 p.m. at the Cypress East Shopping Center at Valley View and Ball. He also related that the new City Manager will be present at the City Council meeting on May 22n~, and Invited everyone to attend and welcome him. In reference to the comments made by Mark veturls during Oral Communications regarding the sidewalks and curbs in the annexed area, Councilmember Keenan asked that staff prepare and present a report to the Council about the matter at the next Council meeting. Mayor Piercv also asked that staff follow-up with Mr. Veturls to advise him of the status of the project. Mayor Piercy announced that on Saturday, May 13th, the Cypress Police Department will sponsor an Open House, tO which everyone Is invited. Mavor Piercy also announced the 8TM Annual "Duck-A-Thon", in which she will participate, has been scheduled on Saturday, May 20t", at 10:30 a.m. The proceeds from this event will benefit the Huntington Beach Clinic. Councilmember Keenan added that each Duck-A-Thon particlpant decorates his or her own duck, and that Mavor Piercy will excel because of her artistic acumen. Mayor Pro Tern MCGIII requested feedback from staff regarding the LaSalle Street issue mentioned by Mark Veturis. In addition, he asked staff to respond to concerns regarding Gay Street issues identlfled by Gall Simonz and Red Chadsey. 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 bv one motion approving the recommendations listed on the Agenda. Mayor Pro Tern McGili asked that Items 10 and 11 be pulled from the Consent Calendar. In reference to Consent Calendar Item NO. 3(b), Councilmember Keenan observed that it was the second time Tomboy's Hamburgers had effected a change and requested the Council's approval after the fact. He suggested that a member of City staff visit the establishment, and emphasize the necessity to obtain City approval prior to implementing anvthing requiring City review and approval. A motion was made bv Councilmember Keenan and seconded bv Councilmember Sondhi to approve the Items I through 9 of the Consent Calendar. The motion was carried by the following roll call vote: AYES: 4 COUNClLMEMBERS: Keenan, Sondhi, MCGilI, Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: McCOV Item No. 1. Approval of City Council Minutes of the Adjourned Regular Meetinq of April 17, 2000, and the Regular Meeting of April 24, 2000. Recommendation: That the city Council approve the Minutes of the Adjourned Regular Meeting of April 17, 2000, (Town Hall Meeting), and the Regular Meeting of April 24, 2000, as submitted, with Councilmember MCCOy abstaining on the April 17, 2000, Minutes, due to his absence from the meeting. Item No. 2. Motion to Introduce or Adopt All Ordinances and Resolution~ Presented for Consideration by Title Only and to Waive Further Readinq. Item NO. 3. Approval of Design Review committee Permit No. 99-50, Request to Increase the Height of an Outdoor Emergency Generator and the Associated Masonry Enclosure Wall, located at 5785 Corporate Avenue; and Approval of Design Review committee Permit NO. 2000-10, Request to Maintaln an Awning for Tomboy's Hamburgers, located at 4901 Lincoln Avenue. Recommendation: That the City Council adopt the Resolutions by title only, titles as follows, approving Design Review Committee Permit Nos. 99-50 and 2000-10, with conditions: Resolution NO. 5226 A Resolution of the City Council of the City of cypress Approving Design Review Committee Permit No. 99-50, with Conditions Resolution NO. 5227 A Resolution of the City Council of the city of Cypress Approving Design Review Committee Permit NO. 2000-10, with Conditions Item No. 4. Approval of Cypress Police Department Personnel to Attend Out-of- State Driver's Training. Recommendation: That the City Council approve the attendance of one Cypress Police Department sergeant and three police officers to the Bondurant School of High Performance Driving in Phoenix, Arizona. Item No. 5. Acceptance of the Remodel/Upgrade of the Cypress POliCe Department, Public Works Proiect NO. 9926. Recommendation: That the City Council (I) Accept the Remodel~Upgrade of the Cypress Police Department; Public Works Project NO. 9926, as being satisfactorily completed In substantial conformance with the project specifications; (2) Approve the final retention payment of $2,730 to Warvi Construction, Inc., 15931 Chemical Lane, Unit C, Huntington Beach, California 92649, 35 days after the NOtice of Completion is filed if no claims or objections have been filed, upon the Director of Public Works' concurrence; and (3) authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, If no claims or objections have been filed, upon the concurrence of the Director of Public Works. Item No. 6. Approval of Plans and Specifications and Authorizatlon to Advertise for Bids for the 1999-2000 Residential Street Resurfacln.q, Public Works Project No. 2000-03. Recommendation: That the City Council: (1) Approve the plans and specifications for the 1999-2000 Residential Street Resurfacing Project; and (2) Authorize City staff to advertise the project for bids. Item No. 7. Adoption of Resolution Recognizing City Clerk, Lillian M. Haina, upon Her Retirement. Recommendation: That the City Council adopt the Resolution by title only, title as follows, recognizing retiring City Clerk, Lllllan M. Haina, after 30 years of service to the City of Cypress. Resolution No. 5228 A Resolution of the City Council of the City of Cypress Recognizing Lillian M. Haina, city Clerk, Upon Her Retirement Item NO. 8. Request for Support of Cypress High School's Grad Nite Committee, LOS Alamitos High School's Grad Nite Committee, and Pacifica High School's Grad Nite Committee. Recommendation: That the City Council approve a $2,000 donation to Cypress High School's Grad Nite Committee from the Asset Forfeiture Fund. Additionally, that the City Council approve $267 to Los Alamitos High School's Grad Nite Committee and $237 the Pacifica High School's Grad Nite Committee from the General Fund. Item NO. 9. Acceptance of Arnold/Cypress Park Ballfield Lighting Proiect, Public. Works Project NO. 9915. Recommendation: That the City Council, acting as the ex officio Governing BOard of Directors of the Cypress Recreation and Park District: (1) accept the project for Arnold/Cypress Park Ballfield Lighting, Public Works Project NO. 9915, as being satisfactorily CITY COUNCIL MEETING MAY 8, 2000 completed in conformance with the project specifications in the final amount of $87,784.00; and (2) approve the final retention payment of $8,778.40 to M. Wilson Co. Contractors, Inc., 2605 Sierra Way, LaVerne, California, 91750, 35 days after the Notice of Completion Is filed, if no claims or objections have been filed; and upon the Director of Public Works' concurrence; and (3) authorize the City Clerk to release the Labor and Materials Bond and Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, and upon the Director of Public Works' concurrence. Item No. 10. Denial of Request for Waiver of Fees for BOy SCOUTS of America Troop No. 295 for Use Of the Community Center Auditorium on August 20, 2000. This item was pulled from the Consent Calendar at the request of Mayor Pro Tem McGilI. Mr. McGIII alluded to the fact that all City Councllmembers had received a communication from the father of the Eagle Scout candidate whose Troop requested the City to waive the fees charged for use of the Community Center for his Court of Honor. AS his Eagle ScOut project, Brandon Pierce prepared and installed new benches in the courtyard area in the patio of the Cypress Community Center. Mr. DeCarlo stated that a six-hour use of the Community Center Auditorium by a non-profit organization normally costs $325.00. For a period of time less than six hours, the rate is $55 per hour. A number of Eagle Scout Courts of Honor have been held at the Community Center in the past, for which no waivers of fees were requested. Staff is recommending denial, in the belief that granting the request would result In setting an undesirable precedent. Mayor Pro Tern McGIII said that normally he would agree with staff's recommendation, as most BOy Scout troops are sponsored by organizations, such as churches, which have facilities that could be scheduled for this type of use. However, Mayor Pro Tern McGill wanted to present two Issues for the Council's consideration in this case: (1) Troop 295 is sponsored by the American Legion which does not have an adequate facility to offer for a Court of Honor ceremony; (2) this Scout donated a lot of time and effort preparing a project that would directly benefit the Community Center. The Mayor Pro Tern suggested the facility could be offered at a discount rate in this particular case. The Council discussed this suggestion, but the consensus was that a discounted rate was already being offered for the use. Because of this, and because the Council did not wish to establish an undesirable precedent, the Council decided to support staff's recommendation for denial. A motion was made by Councllmember Keenan and seconded by Mayor Pro Tern McGill that the City Council, acting as the ex officio Governing Board of Directors for the Cypress Recreation and Park District, deny the request for waiver of fees for Boy Scouts of America Troop NO. 295'S use of the community center Auditorium on August 20, 2000. The motion was carried bv the following roll call vote: AYES: 4 COUNClLMEMBERS: Keenan, Sondhi, McGilI, Piercv NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCoy Item NO. 11. Acceptance of $360 Donation from the Woman's Club of Cypress and the Appropriation of $360 for Purchase of a Park Bench for Oak Knoll Park. Mayor Pro Tem McGIII requested that this Item be pulled from the consent Calendar. He wished to call to the attention of the public the generous gift donated by the Woman's Club for a bench in Oak Knoll Park. The Mayor Pro Tern noted it was particularly appreciated because the State of California took approximately 25% of the City's property tax revenues several years ago, which negatively impacted park improvements. A motion was made by Mayor Pro Tern McGill and seconded by Councilmember Keenan that the city Council, acting as the ex officio Governing Board of Directors for the Cypress Recreation and Park District: (1) formally accept the donation, in the amount of $360, from the Woman's Club of Cypress, and increase the Recreation and Park District estimated revenue Account No. 3713 (Donations) by $360; and (2) appropriate $360 from the Recreation and Park District unreserved general fund to Recreation and Park District 6 CITY COUNCIL MEETING MAY 8, 2000 budget ACCOUnt No. 4113-12-301-10 for purchase of one (1) park bench. The motion was carried bv the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGilI, Piercv NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCOy Councilmember Keenan wanted it to be noted that in regard to Item NO. 10, the City Attorney had consulted with Marvin DeCarlo about the fee waiver, and had subsequently provided some assistance with the request. NEW BUSINESS: 12. Request to Remove a Parkway Tree at 9839 Juanita street. Jeff Sinn, Public Works Director, provided the staff report for this item. Mr. Sinn advised that this item was a request from Mr. & Mrs. Leo Sandoval to remove the parkway tree at 9839 Juanita Street. He advised that a previous request to remove this tree submitted to the council by the Sandovals In 1997 had been denied. Mr. Slnn further related that the tree did not meet any of the established criteria for tree removal. Staff was, therefore, unable to approve the request to remove this tree, and the applicant wrote to request an appeal of that decision. Several Councilmembers advised that they had visited the site of this tree removal request, as well as the other three tree removal requests on the agenda. Neither Councilmember saw any problem with the tree, and supported staff's recommendation for denial. A motion was made by Councilmember Keenan, seconded by Mayor Pro Tem McGill, and carried by the following roll call vote to deny the request to remove the parkway tree located at 9839 Juanita street: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, Piercv NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCoy 13. Request to Remove a Parkway Tree at 9441 Julie Beth Street. The Public Works Director presented the staff report for this item. Mr. Sinn said that the request to remove a tree at 9441 Julle Beth Street had been submitted bv Mr. & Mrs. Douglas Cannon. Mr. Sinn reported that the tree was a 28-year old Carrotwood tree, currentlv not on the approved tree list. However, the tree Is in good health, and does not meet any of the criteria established for authorization of removal. Staff was, therefore, unable to approve the request for removal of the tree, and the resident applied for an appeal of that decision. During discussion, it was the consensus of the Council that the request for removal of this tree was justified. This was based upon the facts that it was not currently on the CiW's approved tree list, the roots were causing damage, and a major branch had broken off and caused a lot of damage (Criterion NO. 4). A motion was made by Councilmember Sondhl, seconded by Councilmember Keenan, and carried by the following roll call vote to allow the removal of the parkway tree located at 9441 Julie Beth Street: AYES: 4 COUNClLMEMBERS: Keenan, Sondhi, McGilI, Piercv NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCoy 14. Request to Remove a Parkway Tree at 10684 Maple Street. The staff report for this request to remove a parkway tree at 10684 submitted by Jayvee Garcla and Carol Kiliany was presented by Mr. Jeff Sinn, Public Works Director. Mr. Sinn explained that City Staff had been unable to approve this request, as the tree is healthy and meets none of the pre-established criteria for removal. The applicants wrote to request an appeal of staff's decision. Councilmember Keenan observed that not only should the tree in question be removed, but that the trees at the neighboring residences should also come out. He said the sidewalks in the neighborhood had lifted so significantly because of the underlving 7 CITY COUNCIL MEETING MAY 8, 2000 0497 tree roots, that they resembled and were used as ramps of an unofficial skate facility; Councilmember McGIII agreed. Mayor Piercy disagreed with the consensus of the Council, and said that she didn't feel it was mandated anywhere that City-provided sidewalks were required to be straight and flat in all circumstances. She said a sidewalk provided by the City was a means to allow residents to stay off the grass. A motion was made by Councilmember Keenan, seconded by Mayor Pro Tern McGilI, and carrled by the following roll call vote to permit the removal of the parkway tree located at 10684 Maple Street, and that the City provide the replacement tree at no cost to the resident: AYES: 3 COUNCILMEMBERS: Keenan, Sondhi, McGill NOES: I COUNCILMEMBER: Piercy ABSENT: I COUNCILMEMBER: McCoy 15. Request to Remove a Parkway Tree at 6846 Molokai Street. The staff report for this item was presented to the city Council by Public Works Director Jeff Sinn. The Item is a request from HOa Tran for an appeal of staff's decision not to remove a street tree located at 6846 Molokai Street. The tree is a 32-year old Magnolia, currently not on the City's approved tree list. However, it is a healthy, mature specimen with no documented history of causing any sewer damage. Staff was unable to comply with Mr. Tran's request, as the tree does not meet any of the pre-established criteria for removal. Councilmember Keenan noted that the tree specimen in question was a beautiful Magnolia tree, the surrounding sidewalk is in good condition, the tree was trimmed appropriately, he observed no debris on the slte, and that the request to remove the tree should be denied. The City Council agreed with this opinion, and the following action was taken: A motion was made by Councllmember Keenan, seconded by Mayor Pro Tern McGIII, and carried by the following roll call vote that the City Council deny the removal of the parkway tree located at 6846 MoIokai Street: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGilI, Piercy NOES: 0 COUNClLMEMBERS: None ABSENT: 1 COUNCILMEMBER: McCoy 16. Request for City Endorsement by the International City Theatre. The staff report for this item was presented to the Council by Ms. June Liu, Assistant to the City Manager. MS. Liu discussed a workshop regarding their "Area Cities for Theater (ACT)" Program that had been presented to the City Council on April 24, 2000, by several Boardmembers of the International City Theatre (ICT). At that time, the Board of ICT requested formal association with the City of Cypress and endorsement for the ACT Program. The ICT Board seeks to establish what they present as a mutually beneficial relationship with the City of Cypress. In return for the City's association with and endorsement of the International City Theatre, and the establishment within the City of an ICT Auxiliary Board which would develop further public awareness of the program, the City would reap various benefits. These would include presentation of youth programs, special performances and workshops, a special night honoring Cypress during the theater season, and a 20% rebate to a "special independent fund" based upon income sources generated within the City of Cypress. Ms. Liu concluded her report with staff's recommendation that the City Council discuss the request and direct staff accordingly. The Mayor mentioned concerns that have been voiced to her by Cypress Theatre Group members, including fears that they will lose funding if the ICT Program is approved. She suggested that consideration of this item be continued until further efforts have been made to inform those concerned about the impending association. The Mayor Pro Tern related that he had a lengthy conversation with Jewell Toll(in, President of the Cypress Civic Theatre Guild, on the previous evening. During that 8 CITY COUNCIL MEETING MAY 8, 2000 exchange, she expressed concerns about the City's association with ICT. Her main fear was loss of funding for the Cypress community Theatre. However, after review of the Cypress Civic Theatre Guild's current funding sources with the Mayor Pro Tern, Ms. Tolkin could not identify any source which may be jeopardized by the City Council's endorsement of ICT. The Mayor Pro Tern Indicated that if any problems were encountered after an endorsement of ICT by the Council, he would have no problem with withdrawing that sponsorship. The Mayor Pro Tern noted that he could anticipate nothing but positive results from an association between the City and ICT. Councilmember Keenan observed that the International City Theatre could only provide enhancement of theatre services in the community. He also said there was a more than sufficient subscriber base in the City, and that the association of the City and ICT would prove only beneficial to the community. Mayor Piercy stated she felt the endorsement would say that ICT was the preferred professional theatre facility in Cypress. She said there is a limited amount of contributions the corporations are willing to make, and that endorsing ICT may result in loss of revenue for the Cypress-based organizations. She suggested that the matter be continued until such time as the fears expressed are assuaged. Councilmember Sondhi stated that the president of ICT, Alex Bellehumeur, was present, and should be allowed to address the concerns expressed. Her opinion was that nothing could be gained by delaying consideration of the matter. The Mayor was concerned that the matter could not be addressed by Mr. Bellehumeur, as it was not a public hearing item; however, Councilmember Sondhi and Mayor Pro Tern McGill, expressed their opinions that the setting was appropriate for input from Mr. Bellehumeur. councilmember Keenan interjected that the City Attorney had clarified it would be appropriate to seek a response from Mr. Bellehumeur; this was affirmed bV the Mr. VVynder. The City Attorney then explained the difference between a public hearing item and an item discussed within a public venue. He said that the item under consideration fell within the latter classification, and it was within the purview of the Council to solicit input and discussion. Mr. Bellehumeur addressed the Council at length. He said that Cypress had been selected for what would only be a mutually beneficial association, and said that ICT had been active in the City for many months. Mr. Bellehumeur deliberately delayed approaching the City Council for support until after they had exhausted all means of communicating with the local arts groups. He then proceeded to make the following points: · FOCCA was unresponsive to requests from ICT for meetings; · Once a proclamation from the City was issued, a series of meetings could be scheduled with the local arts organizations to resolve any perceived problems; · Large corporations generally do not contribute to local theatre; only to professional theatre; · ICT will not impact the local organizations' ability to solicit funds from their sources, and the City of cypress will have the opportunity to obtain additional funds through the ICT source; · Once approved by the Council, ICT representatives will spend as many hours as necessary meeting with and assisting the local arts groups; · NO other cities will be contacted, until the program is fine-tuned with the city of Cypress; · Once the proclamation is Issued by the City, Cypress will be entitled to 20% of all funds raised by ICT. ICT will be eligible for Increased grant amounts as it progresses to the status of a regional theatre. After discussion by the Council, a motion was made by Councilmember Keenan, seconded bv Councilmember Sondhi, and carried by the following roll call vote that the City. Council endorse the International City Theatre and Issue a PrOclamation stating same, and direct that meetings be scl~etloled with representatives of International City Theatre in order to prepare a Memorandum of Understanding between the City of Cypress and the International City Theatre: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGilI, Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNClLMEMBER: MCCoy Councilmember Keenan also suggested that Mr. Bellehumeur again attempt to meet with Jewell Tolkin and resolve some of the issues of concern expressed. He expressed the opinion that the association with ICT will complement the development of an Arts Foundation in the City, as discussed earlier at the City Council Workshop. 9 CITY COUNCIL MEETING MAY 8, 2000 17. Approval of Commercial Warrant List for Warrant NOS. 43053 - 43211. Councilmember Keenan advised that his reason for abstaining on previous warrants has expired; and that It has been one year since he divested any financial interest in the affected organization. A motion was made by Councilmember Keenan, seconded by Mayor Pro Tern McGill and carried by the following ro~l call vote to approve the City of Cypress Commercial Warrant List for Warrant Nos. 43053 - 43211 in the amount of $1,058,862.13: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGilI, Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCOy RECREATION & PARK DISTRICT MATTERS: Governing Board of Directors. The Cypress City Council, Acting as the Ex Officio None. CYPRESS REDEVELOPMENT AGENCY MATTER~;: The Cypress City Council, ACting as the Cypress Redevelopment Agency. None. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENT~;: The Mayor requested the reports from the Councilmembers on their respective committee assignments. The reports were as follows: Councilmember Keenan - Attended OCTA committee meeting at which the approval of funding levels for Area Agency on Aging ACtivities was discussed. OCTA is investigating pilot program which allows cities more autonomy over senior transportation issues. He will present Information to Senior Citizens Commission. on behalf of OCTA, attended opening of 91 Freeway construction completion. New communication system for buses approved at OCTA Board meeting. Discussed additlon of "hot lanes" (toll lanes for single drivers) to the 57 Freeway; a proposal which has been tabled. Expense Is prohibitive at this time; alternatives will be considered. Preliminary 2000-2001 budget review conducted. Announced that Congressman Royce is holdlng a Town Hall Meeting in Cypress from 1:00 p.m. to 2:00 p.m. at the Senior Center on May 13TM, 2000, which is the same day as the Police Open HOUSe. Councilmember Keenan Invited him to attend Police open House. councilmember Sondhi - Orange County Regional Airport Authority has scheduled a workshop regarding participation in a public hearing at the Orange County Board of Supervisors on May 16m, 2000, at 4:00 p.m. at the Santa Ana Hall of Administration regarding the El Toro issue. Mayor Pro Tem MCGill He and Councilmember Keenan attended Chamber of Commerce Golf Tournament on May 3. Mayor Plercy - Attended water tour of northern California with the Orange County Metropolitan water District. commented on the excellent Cypress Arts Week; attended choir recital at LDS Church. ORAL COMMUNICATIONS: For Matters NOt on the Agenda. Mary Mclver spoke on behalf of the Cypress Senlor citizens Commission. Said they appreciated information regarding travel alternatives for senior citizens from Councilmember Keenan. Oreg Leach, Commissioner of Cultural Affairs and Fine Arts, City of Los Alamitos, introduced himself. Wanted to advise that they had recently entered Into a joint venture agreement for use of the Armed Forces Reserve Center theatre. Plans are in progress for presentations of Shakespeare, murder mysteries, and other programs, including productions for children. Intimated that they would need assistance from Cypress in this proceeding, and that they would be able to obtain large corporate contributions. WRITTEN COMMUNICATION,~: For Matters NOt on the Agenda. 10 CITY COUNCIL MEETING MAY 8, 2000 None. ADJOURNMENT: At 9:37 p.m., Mayor Plerc¥ adjourned the meeting to Mondav, May 15, 2000, at S:00 p.m. in tl~e L:xecutive Board Room, west wing of Ci~/~l~ll, at which time a Budget WOrkshop will be he Id. ~I'A~O~OF ~H.,.,..~ ~ E Ci~ O~ ATTEST: 11