Minutes 2000-05-22MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
MAY 22, 2000
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Piercy in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress,
California.
PRESENT:
Piemy
ABSENT:
Councilmembers Keenan, Sondhi; Mayor Pro Tem McGill, Mayor
Councilmember McCoy
Aisc present were City Manager Patrick P. Importuna, City Attorney Wynder, and staff
members Storey, Liu, DiCarlo, Angus, Sinn, and Gorin.
A workshop was presented to the City Council by the Public Works Director and
Associate Engineer. The Associate Engineer provided a brief history of the Hardwood
Floor at the Senior Center Multi-Use Room, Public Works Project No. 9912. A
chronology of events and actions taken concerning the Senior Center Multi-Use Room
hardwood floor were referenced. Issues regarding the replacement of the floor were
discussed, including moisture intrusion from outside planters, floor installation
procedure, and finish flooring material. Mr. Gorin discussed measures taken to
eliminate the intrusion of moisture, improving the installation procedure for replacement,
and alternate products and upgraded commercial material. The recommendation from
Council was for staff to prepare and submit plans and specifications to the Council for
approval.
Councilmember Keenan discussed the Council's membership in the Media Alliance of
Orange County, which commences on July 1, 2000.
WORKSHOP/CLOSED SESSION:
At 6:02 p.m., the Mayor recessed the meeting, to enable the Council to convene in
Closed Session in the Council Chamber Conference Room to discuss the following
agendized items: (1) Conference with Labor Negotiator (Cal. Govt. Code §54957.6)
Agency Negotiator: Richard Storey; Employee Organization: Cypress police Officers
Association; (2) Conference with Legal Counsel - Anticipated Litigation (Cal. Govt.
Code §54956.9 [bi) - Number of Cases: One; (3) Liability Claims (Cal. Govt. Code
§54956.95) - Claimant: Judy McBride; Agency Claimed Against: City of Cypress; and
(4) Conference with Legal Counsel - Anticipated Litigation (Cal. Govt. Code §54956.9
[bi) - Number of Cases: One.
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. by
Mayor Piercy.
PRESENT: Councilmembers Keenan, Sondhi; Mayor Pro Tem McGill, Mayor Piercy.
ABSENT: Councilmember McCoy
The Mayor introduced the new City Manager, Mr. Patrick P. Importuna, and the new
City Clerk, Jill Ingram-Guertin.
CITY COUNCIL MINUTES MAY 22, 2000
Also present were City Manager Importuna, City Attorney VVynder, and staff members
Liu, Sinn, Angus, Storey, Hensley and DeCarlo.
PLEDGE OF ALLEGIANCE:
660, Scoutmaster Bill Foster.
The Pledge of Allegiance was led by Boy Scout Troop
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Mayor presented a Resolution and publicly recognized Lillian M. Haina, City Clerk,
upon her retirement.
Donations to the Cypress D.A.R.E. Program were presented by Pat Ochoa of the
American Legion Post 295, and Mary Mclver and Adelaide Cousins of the Woman's
Club of Cypress.
REPORT OF CLOSED SESSIONNVORKSHOP AGENDA:
The Mayor asked for the report of the Workshop and Closed Session Agenda items
discussed earlier in the evening.
Former Interim City Manager Richard Storey advised that the City Council had met for a
Workshop regarding Public Works Project No. 9912, Hardwood Floor at Senior Center.
City staff presented issues regarding the drainage improvements which have been
implemented, identified necessary procedures for the floor replacement, and the
material to be used in the installation. Staff responded to questions by the City Council
and, as part of Council direction, will be investigating the life of the rubber pads beneath
the flooring. The workshop was of an informational nature, and no action was taken by
the Council. City staff will be preparing and submitting plans and specifications to the
Council for approval.
The City Attorney advised that following the Workshop, the Council convened in Closed
Session. At that time, the Council conferred with City Finance Director Richard Storey,
authorized by Government Code Section 54957.6. Mr. Storey briefed the Council on
the status of labor negotiations between the City and the Cypress Police Officers
Association, and rendered a privileged and confidential status report to the Council.
Unanimous consensus of the Council was received to proceed forward with
negotiations based on previous authorized negotiating levels from the Council.
In addition, the Council met and conferred with its City Attorney pursuant to
Government Code Section 54956.9 (b) due to anticipated litigation in one case. The
City Attorney rendered a privileged and confidential report regarding the exposure to
litigation in one case. The Council unanimously authorized the City Attorney, together
with City Planning staff, to proceed forward to implement that strategy.
The City Council considered a claim for property damage in the amount of
approximately $90.00, pursuant to Government Code Section 54956.95. Without
acknowledging fault or liability on the part of the City, and expressly disclaiming same,
the Council unanimously authorized to pay this claim in an amount not to exceed
$90.00.
In the public portion at the beginning of Closed Session, at the request of the City
Attorney, the City Council added an additional Closed Session item, pursuant to
Government Code Section 54956.9 (b), due to exposure to litigation in one case. The
City Attorney rendered a privileged and confidential status report regarding matters for
which there is an exposure to litigation. The report was a status report and a
discussion of legal and practical alternatives available to the Council. No action was
taken nor solicited with respect to this item.
CITY COUNCIL MINUTES MAY 22, 2000
No further actions were taken nor solicited during the Closed Session.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Piercy asked Lisa Lawson of the Southern California Water Company to come
forward. Ms. Lawson reported on a situation which affected residents of a portion of the
city of Cypress and a portion of the city of Stanton. A fire was being fought on Sunday,
May 21st, in Stanton at a recycling center, and it was determined that an element,
possibly a foaming agent, entered the water system during the firefighting efforts.
Areas receiving complaints were isolated immediately and the entire water system was
flushed of the water possibly containing the particular element. The boundaries of the
area are residents of Katella Avenue on the north, Orangewood Avenue on the south,
Valley View Street on the west, and Western Avenue on the east. An immediate
advisory and unsafe water alert was issued at 5:40 a.m. this morning. Residents were
advised through the media and door notices to use bottled water for drinking and
bathing purposes until the advisory and alert are rescinded. Bottled water is available
to all residents at the Los Alamitos customer service office on Cherry Street and also
the City of Stanton.
Mayor Piercy asked John J. McMasters, Jr., Battalion Chief of the Orange County Fire
Authority, to address how the backflow situation occurred while accessing the fire
hydrant. He indicated that firefighting foam was used in the firefighting process, and
the Orange County Fire Authority suspects that the pressure being sent to the fire
engine was much greater than the pressure coming from the fire hydrant, which
resulted in the release of the water containing the firefighting foam into the domestic
water system through the fire hydrant. Mr. McMasters also discussed and distributed
copies of the Material Safety Data Sheet indicating the chemical ingredients found in
the foaming concentrate.
Mayor Piercy asked anyone who wished to speak on any topic not included on the
meeting agenda to come forward.
Mary Crowder, 6881 Reefton Avenue, Cypress, first approached the podium. Ms.
Crowder stated her concerns about the drinking water situation, potential health
problems associated with exposure to the foaming agent, and the procedures used by
the Water Company to alert residents of the unsafe water advisory.
Jason Sondhi, 5170 Laurel Avenue, Cypress, next addressed the Council, and
requested that the Council favorably consider the Approval of Design and Adoption of
Mitigated Negative Declaration for the Construction of the Proposed 3,939 Square Foot
Skate Plaza Within Veterans Park (Agenda Item 20).
Timothy Walters, 10202 Julie Beth Street, Cypress, next spoke, also requesting the
Council to approve Agenda Item 20, as the Skate Plaza has been designed and
planned in a good location, and would be of great use for the city.
Gail Simonz, 8162 Gay Street, Cypress, expressed her disappointment in the City
Council, in her opinion, being unaware of various occurrences in the city unless
individuals attend a Council meeting and speak during oral communication, and safety
concerns relating to a project adjacent to her property.
Jerry Quinn, reported that he is representing residents who live in and around the
Sorrento development who are opposed to the Skate Plaza at Veterans Park. He
raised concerns about potential liability issues relating to the Skate Plaza at Veterans
Park, and informed the Council that those residents who he takes the liberty to speak
for are determined to fight this issue without fail.
Sandra Ichiho, 4752 Ambruzzi Drive, Cypress, who concurred with Mr. Quinn's
concerns about potential liability issues relating to the Skate Plaza at Veterans Park.
CITY COUNCIL MINUTES MAY 22, 2000
She indicated that the Sorrento development residents do not own Veterans Park,
however, as residents they are directly affected by the activities at the park. Ms. Ichiho
asked the Council for consideration to place the Skate Plaza at another location.
Isaac Houseman, Cypress resident, expressed his concerns about the health, safety
and welfare of Cypress residents. His concern is for the safety of children crossing
Avenida Granada and potential accidents relating to traffic congestion near Veterans
Park.
Gerard Labrie, 10202 Beaver Circle, Cypress, indicated that he has been a resident of
Cypress for twenty-five years and has been active in the Cypress Skate Park project for
the last three years. He urged the Sorrento residents to support the development of the
Skate Plaza at Veterans Park so that the youth in the community will have a designated
place in which to enjoy their chosen sport. He also stated that the Skate Plaza at
Veterans Park will not have a negative impact, but will have a positive impact on the
entire Cypress community.
An unidentified male Sorrento resident came forward and indicated that he is in favor of
a Skate Park in Cypress, but not within Veterans Park, as he feels there would be
safety issues and liability concerns if the Skate Park is constructed within close
proximity to the tot lot.
Jerry Quinn, representing residents who live in and around the Sorrento development
who are opposed to the Skate Plaza at Veterans Park, indicated that for legal reasons
he is obliged to notify the City Council that he residents he is representing are formally,
and will oppose, Item No. 20, Approval of Design and Adoption of Mitigated Negative
Declaration for the Construction of the Proposed 3,939 Square Foot Skate Plaza Within
Veterans Park.
Dolly K. Masui, 9973 Messina Circle, Cypress, came forward and indicated that there
seems to be a need for a Skate Park, however, it is apparent that residents of Sorrento
are not in full agreement that it should be at Veterans Park. She raised concerns about
potential liability and safety issues if the Skate Park is constructed within close proximity
to the tot lot.
An unidentified male resident came forward and indicated that he hopes that the City
Council has researched all possible locations for a Skate Park before approving the
construction at Veterans Park.
Mayor Piercy responded that the Council, through a special task force, researched all
possible locations for a Skate Park during the last three years, and if he was interested
in the research analysis on this project that the City could provide him a copy.
The Vice Chairman of the Cypress Youth Commission stated that the City Council
represents the interests of the entire community as a whole and the majority of the
community, not just one specific group in the community who might be adversely
affected by an issue. He believes the greater scope is the whole city and how the
construction of a Skate Park will affect the entire community, not just the Sorrento
residents. He also is in favor of a Skate Park in the community, and believes that
Veterans Park is a prime location.
AWARD OF CONTRACT:
AWARD OF CONTRACT FOR TRAFFIC ENGINEERING SERVICES FOR SIGNAl
TIMING OF ARTERIAL GRID NETWORK, PUBLIC WORKS PROJECT NO. 2000-07:
The Public Works Director presented the staff report which described the study,
preparation and implementation of new signal timing on a grid network, comprised of 96
existing interconnected traffic signals in this area, including all of the existing
interconnected arterials in the cities of Cypress, Los Alamitos, and La Palma, and
' portions of other existing interconnected arterials in the cities of Buena Park, Garden
4
CITY COUNCIL MINUTES MAY 22, 2000
Grove, and Stanton. In March requests for proposals were sent out to four
transportation consulting firms qualified to perform these services, with only one firm
responding, which was Hartzog and Crabill, Inc. It was recommended that Council
award a contract for traffic engineering services for Signal Timing of Arterial Grid
Network to Hartzog and Crabill, Inc., in an amount not to exceed $165,690.
It was moved by Councilmember Keenan, and seconded by Mayor Pro Tem McGill to
award a contract for traffic engineering services for Signal Timing of Arterial Grid
Network, Public Works Project No. 2000-07, to Hartzog and Crabill, Inc., 275
Centennial Way, Suite 208, Tustin, California 92780, in an amount not to exceed
$165,690. The motion unanimously carried with the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Keenan, Sondhi, McGill, and Piercy
None
McCoy
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 McGill requested that Item No. 11, Status Report for Phases 3 and 4,
Cypress Acres Public Improvements to be Installed by County of Orange, Public Works
Project No. 9836, be pulled from the Consent Calendar. Councilmember Sondhi
requested that Items No. 8 and. 10, Approval of Contract Change Order No. 2 for
Crescent Avenue and Gay Street Master Plan Storm Drain, Tract No. 15754, Public
Works Project No. 9906, and Approval of Resolution Requesting the Orange County
Transportation Authority and the Board of Supervisors to Include Various Street and
Signal Projects Within the Orange County Combined Transportation Funding Program,
respectively, be pulled. Mayor Piercy requested that Item No. 2, Approval of City
Council Minutes of the Adjourned Regular Meeting of May 1, 2000 and the Regular
Meeting of May 8, 2000, be pulled in order to make some corrections on the Minutes of
May 8, 2000.
It was moved by Councilmember Keenan and seconded by Mayor Pro Tem McGill to
approve the Consent Calendar, Items No. 2 through 14, with the exception of Items No.
2, 8, 10 and 11. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNClLMEMBERS: McCoy
Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 4: APPROVAL OF DESIGN REVIEW COMMITI'EE PERMIT NO. 2000-11,
REQUEST TO CONSTRUCT A SECOND-STORY ADDITION TO AN EXISTING
RESIDENCE LOCATED AT 4531 MYRA AVENUE.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit No. 2000-11 - with conditions:
RESOLUTION NO. 5229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2000-11 - WITH CONDITIONS.
CITY COUNCIL MINUTES MAY 22, 2000
Item No. 5: PROCLAIMING JUNE 14, 2000, AS "ARMY DAY" IN THE CITY OF
CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim June 14, 2000,
as "Army Day" in the City of Cypress.
Item No. 6: ADOPTION OF RESOLUTIONS RECOGNIZING THE CYPRESS
CHAMBER OF COMMERCE'S 2000 WOMAN OF THE YEAR, MAN OF THE YEAR,
AND BUSINESS OF THE YEAR RECIPIENTS.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, recognizing the Cypress Chamber of Commerce's Woman of the Year, Man of
the Year and Business of the Year for 2000.
RESOLUTION NO. 5230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECOGNIZING JUDITH EIGHMY AS THE CYPRESS CHAMBER OF COMMERCE'S
2000 WOMAN OF THE YEAR.
RESOLUTION NO. 5231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECOGNIZING WALTER K. BOWMAN AS THE CYPRESS CHAMBER OF
COMMERCE'S 2000 MAN OF THE YEAR.
RESOLUTION NO. 5232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECOGNIZING WILLOWS - A FLORAL IMPRESSION AS THE CYPRESS CHAMBER
OF COMMERCE'S 2000 BUSINESS OF THE YEAR.
Item No. 7: APPROVAL OF THE CITY ENGINEER'S REPORTAND RENEWAL OF
CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1
FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON
CHANNEL. CITY OF CYPRESS PROJECT NO. 8615-90.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, approving the City Engineer's Report and establishing a public hearing for July
10, 2000, declaring the City Council's intention to order the renewal of Cypress
Corporate Center Landscape Maintenance District No. 1 for the maintenance of the
landscaping and irrigation system on the berm on the north side of the Stanton
Channel.
RESOLUTION NO. 5233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
THE CITY ENGINEER'S REPORT DATED MAY 22, 2000, IN CONNECTION WITH
THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE
DISTRICT NO. 1.
RESOLUTION NO. 5234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DECLARING
ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2000-01,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A
TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
CITY COUNCIL MINUTES MAY 22, 2000
Item No. 9: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF FUNDING
REQUEST TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF
RECYCLING PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER
RECYCLING AND LITTER REDUCTION ACT.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, authorizing submittal of a funding request to the State of California Department
of Conservation, Recycling Division, pursuant to the California Beverage Container
Recycling and Litter Reduction Act.
RESOLUTION NO. 5235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF FUNDING REQUEST TO THE DEPARTMENT OF
CONSERVATION'S DIVISION OF RECYCLING PURSUANT TO THE CALIFORNIA
BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT.
Item No. 12: REVIEW OF MONTHLY INVESTMENT PROGRAM FOR THE MONTH
OF APRIL 2000.
Recommendation: Receive and file.
Item No. 13: APPROVAL OF AMENDMENT TO THE CITY'S POSITION
CLASSIFICATION PLAN, REVISING THE CLASS SPECIFICATION FOR THE
POSITION OF RECREATION COORDINATOR.
Recommendation: That the City Council, and acting as the ex-officio Board of Directors
of the Cypress Recreation and Park District, adopt the updated class specification for
the regular full-time position of Recreation Coordinator, amending the City's
Classification Plan.
Item No. 14: PROCLAIMING JUNE 2000 AS "DROWNING PREVENTION AND
AWARENESS MONTH."
Recommendation: That the Mayor and City Council officially proclaim June 2000 as
"Drowning Prevention and Awareness Month," in the City of Cypress.
Regarding Item No. 2, Approval of City Council Minutes of the Adjourned Regular
Meeting of May 1,2000 and the Regular Meeting of May 8, 2000, Mayor Piercy referred
to Page 12 of the May 8, 2000 Minutes, which the Council received an amended Page
12, for clarification on the International City Theatre. The way in which the Minutes
stated previously, it wasn't clear that the Council was to schedule meetings with the
representatives of the International City Theatre in order to prepare a Memorandum of
Understanding between the City of Cypress and the International City Theatre. Mayor
Piercy referred to Page 3 of the May 8, 2000 Minutes, correcting the spelling of the last
name of the President and Vice President of the Cypress High School Grad Nite
Committee to Mark and Kathy Binford. Mayor Piercy referred to Page 4, line 3 and line
8, of the May 8, 2000 Minutes, and asked to strike the words "curbs and gutters" from
the record, as there are no curbs and gutters and Gay Street. It was moved by
Councilmember Keenan and seconded by Councilmember Sondhi to approve the
minutes of May 8, 2000 as amended. The motion unanimously carried by the following
roll call vote:
AYES: 4
NOES: 0
ABSENT: I
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Keenan, Sondhi, McGill, and Piercy
None
McCoy
Regarding Item No. 8, Approval of Contract Change Order No. 2 for Crescent Avenue
and Gay Street Master Plan Storm Drain, Tract No. 15754, Public Works Project No.
9906, Councilmember Sondhi apologized, as she had clarification with staff on this
CITY COUNCIL MINUTES MAY 22, 2000
particular item earlier in the day, and inadvertently pulled this item from the Consent
Calendar. It was moved by Coucilmember Sondhi and seconded by Councilmember
Keenan to approve Contract Change Order No. 2 for Crescent Avenue and Gay Street
Master Plan Storm Drain for Tract No. 15754, Public Works Project No. 9906, to The
Olson Company, 3020 Old Ranch Parkway, Suite 250, Seal Beach, California 90740,
in the amount of $32,825.00. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy
NOES: 0 COUNClLMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: McCoy
Regarding Item No. 10, Approval of Resolution Requesting the Orange County
Transportation Authority and the Board of Supervisors to Include Various Street and
Signal Projects Within the Orange County Combined Transportation Funding Program,
Councilmember Sondhi apologized, as she had clarification with the new City Manager,
Interim City Manager, and Public Works Director on this particular item earlier in the
day, and inadvertently pulled this item from the Consent Calendar. It was moved by
Councilmember Sondhi and seconded by Councilmember Keenan to adopt the
Resolution by title only, title as follows, approving submittal of various street and traffic
signal improvement projects to the Orange County Transportation Authority (OCTA) for
funding under the Combined Transportation Funding Program (CTFP).
RESOLUTION NO. 5236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
THE SUBMITTAL OF VARIOUS STREET AND SIGNAL IMPROVEMENT PROJECTS
TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING
UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM.
The motion unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Keenan, Sondhi, McGill, and Piercy
None
McCoy
Regarding Item No. 11, Status Report for Phases 3 and 4, Cypress Acres Public
Improvements to be Installed by County of Orange, Public Works Project No. 9836,
Mayor Pro Tem McGill indicated that at the May 8, 2000 Council meeting, Mr. Mark
Veturis came and spoke in rather scathing terms regarding the action of the City
relating to the annexation and Public Works improvements to Cypress Acres. This was
a four-phase development, which is currently through the second phase, and Mayor Pro
Tem McGill inquired about the selection of the quadrants. Mayor Pro Tem McGill and
Councilmember Keenan requested a staff report detailing the selection of the
quadrants, and Mayor Pro Tem McGill asked if staff was going to respond to Mr. Veturis
regarding his comments during oral communications at the May 8, 2000 Council
meeting. Councilmember Keenan asked that staff give a brief summary of the history of
this project.
The Public Works Director presented a staff report which described the four phases
included in the Cypress Acres improvement project. The Public Works Director also
indicated to Council that he has been and will continue to keep in contact with Mr.
Veturis regarding the status of this project. Councilmember Sondhi stated that although
the time frame for this project has been fairly extensive, the City has done a great deal
in coordinating efforts to try to get the improvements in place for this particular project.
Councilmember Keenan stated that the City Council has worked very aggressively with
the County of Orange and been very proactive in order to obtain funds available, which
was possible due to the fact that the City designated funds up front in order to
accelerate the improvements.
CITY COUNCIL MINUTES MAY 22, 2000
It was moved by Councilmember Sondhi and seconded by Councilmember Keenan to
receive and file the Status Report for Phases 3 and 4, Cypress Acres public
Improvements to be Installed by County of Orange, Public Works Project No. 9838.
The motion unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Keenan, Sondhi, McGill, and Piercy
None
McCoy
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item No. 15: PUBLIC HEARING REGARDING VARIANCE NO. 2000-01, A REQUEST
TO ALLOW A 67-INCH HIGH FENCE WITHIN THE RESIDENTIAL FRONT YARD
SETBACK LOCATED AT 8431 GAY STREET, CYPRESS: The Mayor opened the
public hearing. The Community Development Director presented the staff report which
described the applicant's request to vary from the Cypress Zoning Ordinance (Sections
9.23.A and C) to allow the existing placement of a 67-inch (5 feet, seven inches) high
wrought-iron fence within the front yard setback area of a single-family home, which
was previously installed without permits. The situation came before the City on a
complaint basis, and Code Enforcement staff has had numerous conversations with the
property owner, who has been given a number of alternative methods to remedy the
situation. The Community Development Director reviewed Section 35.107 of the City of
Cypress Zoning Ordinance and the findings mandated by State law which must be
made in order to grant a variance. Staff could not justify the findings required to grant a
variance from the front yard wall height standards. The staff recommendation is to
deny the proposed application for Variance No. 2000-01. Notices of this public hearing
were posted, published, and mailed to the owners of all properties located within 300
feet of the subject parcel. To date, staff has not received any communication regarding
the proposed project.
Councilmember Keenan stated that this particular residence is located on a street which
the City designated as rural and is subject to City-adopted rural standards, and asked if
that would qualify for extraordinary circumstances in the required findings to grant a
variance. The Community Development Director concurred that this particular
residence is located in a rural area, however the Zoning Code does not include any
deviations from the normal RS-5,000 zone related to setbacks or high fence standards.
Councilmember Sondhi stated that in the staff report the fourth finding required to grant
a variance includes a minimum fifteen-foot sight distance clearance zone which must be
maintained in the driveway, and asked if this requirement relates to residence owners
who are departing from the property or traffic being able to see departing traffic from the
property, or both. The Community Development Director responded that the
requirement relates to both drivers who are passing by to be able to see residents
departing from their driveways, and for the residence owners to be able to determine
that it is safe to enter the street.
Councilmember Sondhi asked if the issue was related to the pilaster at the entrance or
the actual fence, as it appears that the pilaster is contributing to the visibility problem.
The Community Development Director responded that the wrought iron is open in order
to be able to see through, but there is a concern that shrubbery that is planted along
the pilaster and along the base of the pilaster could grow up and eventually, in
combination with the pilaster and wrought iron, would have the effect of a solid barrier
at some point in time.
Councilmember Sondhi asked for confirmation that the growing of plants is not
prohibited, provided that there is maintenance at three and one-half feet in height. The
CITY COUNCIL MINUTES MAY 22, 2000
Community Development Director confirmed Councilmember Sondhi's statement, and
indicated that the visibility issue is related to the pilasters.
Mayor Piercy stated that it appears that, according to the diagram in the staff report,
along with the forty-nine feet of front yard area to the farthest part of the front of the
house, there is an additional sixty feet, which is a long lot with the garage at the rear of
the lot. She stated that there would be no need for the resident to back out of the
driveway due to the amount of lot space.
The Mayor asked the applicant, if present, to come forward. Ms. Rowena Ortega stated
that the particular fence in question was built over ten years ago, and has now become
an issue due to a disagreement with her neighbor, Cathie Erickson. Ms. Ortega shared
photographs which, in her opinion, illustrate that there is no obstruction, and the pilaster
is not an issue. She further stated that her driveway is over one hundred feet in length,
and there is no obstruction problem for her in backing out of the driveway, as she has
plenty of space to turn around on her lot and exit the driveway by proceeding forward.
In addition, if the shrubbery is creating an obstruction, she would be willing to remove
the shrubbery. Ms. Ortega gave the photographs to the Clerk, as requested by Mayor
Piercy, to be shared with the Council.
The Mayor stated that she has personally driven by the property in question to look at
the fence, as have a few other Councilmembers.
Mayor Piercy asked if there was anyone who wished to speak in favor of the variance.
No one wished to speak in support of the variance.
Mayor Piercy asked if there was anyone who wished to speak in opposition to the
variance. Ms. Cathie Erickson, 8441 Gay Street, Cypress, came forward to speak. She
indicated that she is a neighbor who lives directly south of Ms. Ortega's property. She
presented photographs of the property in question to the Council, and reminded the
Council that she spoke at a previous Council meeting during oral communications to
relay her concerns about the safety on Gay Street due to increased traffic. She
contacted the Code Enforcement Officer regarding Ms. Ortega's fence and the concern
for Ms. Erickson's family's safety, as well as the safety of their visitors, as they cannot
see past Ms. Ortega's fence when exiting their driveway. Ms. Erickson requested that
the City Council require Ms. Ortega to either move the fence back to the twenty foot
setback or reduce it's height to forty-two inches, which is in accordance with City
Codes.
No one else wished to speak in opposition to the variance.
Ms. Ortega came forward and stated once again that the fence has now become an
issue simply due to continual disagreements with her neighbor, Cathie Erickson, on
several issues.
Mayor Piercy closed the public hearing.
Mayor Pro Tem McGill stated that he visited the residence and spoke to Ms. Ortega,
and recommended staff to look into some administrative alternatives to remedy this
situation and communicate those alternatives to Ms. Ortega. In reviewing the
photographs, he indicated that he is not interested in the neighborhood dispute, as this
is a code enforcement issue.
Councilmember Sondhi stated that she believes code enforcement is very important,
but the Council needs to look at the intent behind the implementation of the code. She
believes that there may not be a violation of intent, but a violation of the actual code in
terms of height. She also requested that staff work with Ms. Ortega on developing
additional alternatives to remedy this situation as to the line of sight at the fence.
Councilmember Sondhi asked for confirmation that the fence was built when Ms.
Ortega was the resident property owner.
10
CITY COUNCIL MINUTES MAY 22, 2000
The Community Development Director responded that the fence was built when Ms.
Ortega and her previous husband owned the property, and a contractor was hired to
install the fence. The fence was built at a time when the property was within the
jurisdiction of the City and not prior to annexation. The fence standards at the time the
fence was built are the same as they are at this time, and when built did not comply
with City standards and no permits were pulled.
Councilmember Sondhi requested that staff work with Ms. Ortega regarding the
pilasters, as it seems that the pilasters are the critical element, as opposed to the
specific height of the fence.
Mayor Piercy stated that she concurs with Councilmember Sondhi, while at the same
time concurring with Mayor Pro Tem McGill. However, this is a code enforcement issue
and the neighbor's vision and line of sight is indeed obstructed by the brick pilaster
which supports the gate. The staff recommendations will require Ms. Ortega to make
expenditures in order to rectify the situation, but the fence needs to be corrected in
order to adhere to the code requirements. Mayor Piercy will favor the staff
recommendation.
Mayor Pro Tem McGill stated he has been involved in this issue rather extensively, and
staff has attempted to work with the applicant on several alternatives, and believes that
by not supporting the denial of a variance in this case will set a precedence for
residents who do not adhere to the code requirements.
Councilmember Keenan stated that he spoke to the applicant when this issue came
forward and encouraged the applicant to apply for a variance, as he felt the fence would
qualify for a variance. He stated that he will approve the staff recommendation to deny
the variance, and refund the application fee.
It was moved by Councilmember Keenan and seconded by Mayor Pro Tem McGill to
adopt a Resolution of the City Council of the City of Cypress, Denying a Variance from
the Terms of the Zoning Ordinance of the City of Cypress, Sections 9.23.A and C to
Allow a 67-inch High Fence Within a Residential Front Yard Setback; and grant a
refund of the application fee to the applicant.
Councilmember Sondhi stated that she believes the issue relates to the intent of the
code, and the intent of the code is to protect the health, safety and welfare of residents.
She does not believe that the intent has been violated, with the exception of the
pilasters located at the gate. She suggested a variance including the change of
materials at the pilasters and redesigning the pilasters at an appropriate height of three
and one-half feet.
RESOLUTION NO. 5237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS, SECTIONS 9.23.A AND C TO ALLOWA 67-INCH HIGH FENCE WITHIN A
RESIDENTIAL FRONT YARD SETBACK.
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Keenan, McGill, and Piercy
NOES: 1 COUNCILMEMBERS: Sondhi
ABSENT: I COUNCILMEMBERS: McCoy
Item No. 16: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-
04, A REQUEST TO CONSTRUCT A PARKING LOT ON THE PREVIOUS UNION
PACIFIC RAILROAD RIGHT-OF-WAY LOCATED NORTH OF PLAZA DRIVE
BETWEEN VALLEY VIEW STREET AND WALKER STREET. THIS PROJECT IS TO
11
CITY COUNCIL MINUTES MAY 22, 2000
PROVIDE SHARED PARKING FOR 5665 & 5757 PLAZA DRIVE AND PUBLIC
PARKING: The Mayor opened the public hearing. The Community Development
Director presented the staff report which described a Conditional Use Permit request to
add new parking area on the previous Union Pacific Railroad property located north of
Plaza Drive between Valley View Street and Walker Street, and to re-stripe portions of
the existing parking lot areas located at 5665 and 5757 Plaza Drive. By allowing the
use of the previous railroad property for public use, the project is consistent with the PS
Public & Semi-Public Zoning of the property. Revised Conditions of Approval #20 and
#22 submitted under Exhibit "A" were distributed to Council and discussed. Notices of
this public hearing were posted, published, and mailed to the owners of all properties
located within 300 feet of the subject parcel. To date, staff has not received any
communication regarding the proposed project. Staff recommendation is the adoption
of the Resolution for approval of Conditional Use Permit No. 2000-04, subject to the
conditions in Exhibit "A."
The City Attorney indicated that a change was necessary on the Grant of Easement to
the City of Cypress. The signatory party in the name of Grantee as City of Cypress on
page 4 is incorrect as stated and should read, "The City of Cypress, a Charter City and
Municipal Corporation."
The Community Development Director confirmed, at the request of Mayor Pro Tern
McGill, that although Conditions #20 and #22 were revised, Condition #21 remains as
stated in the Conditions of Approval.
The Community Development Director confirmed, at the request of Councilmember
Keenan, that this project involves the addition of a new parking area on the entire sixty
foot wide strip of the former Union Pacific Railroad right-of-way property.
The Community Development Director confirmed, at the request of Mayor Piercy, that
this project will allow for the conversion of the existing warehouse area to office space.
Councilmember Sondhi stated that the property owner has agreed to grant an
easement to the City allowing public parking on the railroad right-of-way property
between the hours of 7:00 p.m. and 6:00 a.m. Monday through Friday, and all day on
Saturday and Sunday.
The Community Development Director responded that this easement would provide the
City with overflow parking for the Race Course or other events which may occur in the
future that would require the additional parking space, in addition to shared parking for
other users in the business park.
The Community Development Director confirmed, at the request of Councilmember
Sondhi, that project plans have been reviewed by the Police Department, staff is
continuing to look at design and engineering features of the project, and staff does not
anticipate any security issues due to public access parking.
Mayor Piercy stated that by reviewing the vicinity map and site plan, it appears that the
area north of the vacant property adjacent to Walker Street will not be improved with
the parking area until such time as that parcel is developed. She asked staff for
clarification on the parcel adjacent to Valley View Street which is not a part of the
project, but will be used for parking.
The Community Development Director responded that PacificCare occupies the
building on the parcel adjacent to Valley View Street which is not a part of this project.
This particular parcel is owned by another property owner. The applicant, Layton-
Belling Associates is currently negotiating with that property owner in terms of adjusting
lot lines and parking in proximity with that building which could be used by the
PacificCare building, but has been unable to reach agreement thus far.
12
CITY COUNCIL MINUTES MAY 22, 2000
The Community Development Director responded to Mayor Pierey that there are
currently four entrances to this particular business area.
The Community Development Director responded to Mayor Pro Tem McGill's concern
about parking stall sizes that a typical parking stall is twenty feet in depth, however,
there is a prevision in the City Code which allows for an overhang into a landscape area
of two feet, which accounts for an eighteen foot stall, a wheel stop or curb, and a two
foot overhang into a landscape area. The parking stalls for this project meet City
standards, and if there is any type of fencing along the preperty line in a landscape
area, the overhang area would be the landscape area.
The Mayor asked the applicant, if present, to come forward. Bill Kearns, representing
Layton-Belling Associates, stated that this particular project will accommodate the
marketplace demand for higher parking ratios and denser office space uses. He also
added that he has been working with City staff and the City Attorney for the last six
months on this project, and it has been one of the best experiences he has had working
with a City for the last seventeen years. The project does meet City codes and
requirements for zoning and setbacks, and should create more valuable property and
additional tenants working in the business park.
The Community Development Director responded to Mayor Pre Tem McGill's question
about the unshaded parking area on the site plan, indicating that the unshaded parking
areas will be restriped for greater efficiency, in addition to accommodating for a lot line
adjustment to move the property line between the two-story building and the five-story
building.
Mayor Piercy asked if there was anyone who wished to speak in favor of the variance.
No one wished to speak in support of the variance.
Mayor Piercy asked if there was anyone who wished to speak in opposition to the
variance. Mr. Walters, 10202 Julie Beth Street, Cypress, came forward to speak.
Mayor Piercy responded to Mr. Walters' question and confirmed that the dirt jumps
along the railroad on the subject property will be demolished when the parking lot is
constructed.
No one else wished to speak in opposition to the variance.
The applicant, Bill Kearns, representing Layton-Belling Associates, reiterated that it has
been a great cooperative effort between City staff, business tenants and Layton-Belling
Associates as the property owners. He thanked the City Council and City staff for the
opportunity to rehabilitate and intensify properties.
Mayor Piercy closed the public hearing.
It was moved by Councilmember Keenan and seconded by Councilmember Sondhi to
adopt a Resolution of the City Council of the City of Cypress, Approving Conditional
Use Permit No. 2000-04 - With Conditions.
Mayor Piercy stated that this project will be an improvement to the property and a
greater use of the land, including expanding the parking lot space.
Mayor Pro Tem Mc(Gill agreed with the staff analysis that this project is a win/win
situation for the City and the applicant, as the applicant is working with the City to allow
the City to continue the public/semi-public use, and at the same time increasing parking
space in order to accommodate the businesses in the community.
RESOLUTION NO. 5238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 2000-04 - WITH CONDITIONS.
13
CITY COUNCIL MINUTES MAY 22, 2000
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, McGill, Sondhi and Piercy
NOES: 0 COUNClLMEMBERS: None
ABSENT: I COUNCILMEMBERS: McCoy
Item No. 17: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-
06, A REQUEST TO ESTABLISH A 724 SQUARE FOOT TAKE-OUT RESTAURANT
LOCATED AT 10953 MERIDIAN DRIVE, UNIT C: The Mayor opened the public
hearing. The Community Development Director presented the staff report which
described a Conditional Use Permit request to establish a sandwich shop serving no
alcoholic beverages in the Meridian Plaza shopping center situated at the northwest
corner of Katella Avenue and Meridian Drive, located within the PC-1 Planned
Community Business Park Zone. The proposed retail food service use is compatible
with surrounding commercial uses within the shopping center. Notices of this public
hearing were posted, published, and mailed to the owners of all properties located
within 300 feet of the subject parcel. To date, staff has not received any
communication regarding the proposed project. Staff recommendation is the adoption
of the Resolution for approval of Conditional Use Permit No. 2000-06, subject to the
conditions in Exhibit "A."
The Community Development Director responded to Councilmember Sondhi's question
concerning the floor plan layout and customer seating for approximately fifteen
individuals, that restroom facility availability to customers is a City code requirement,
and as such, will be monitored as part of the building permit plan check.
The Community Development Director clarified for Councilmember Sondhi that the
Council typically only reviews potential exterior changes to design features, in the
format of a design review, to discuss compatibility issues related to the design. Interior
design changes are reviewed to a limited degree, specifically if the changes effect
parking or the use of a site.
The Mayor asked the applicant, if present, to come forward. The applicant, Mr. Quynh
Nguyen Van, had no further comments.
Mayor Piercy asked if there was anyone who wished to speak in favor of the variance.
No one wished to speak in support of the variance.
Mayor Piercy asked if there was anyone who wished to speak in opposition of the
variance. No one wished to speak in opposition of the variance.
Mayor Piercy closed the public hearing.
It was moved by Councilmember Keenan and seconded by Mayor Pre Tern McGill to
adopt a Resolution of the City Council of the City of Cypress, Approving Conditional
Use Permit No. 2000-06 - With Conditions.
Councilmember Keenan stated that as he works in the vicinity of this shopping center,
he is pleased to see another food use being established in this area, and this site will
now be leased out one hundred percent for the first time in many years. This
establishment is an appropriate use for this site, as there is a need for food units in this
particular part of town.
RESOLUTION NO. 5239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 2000-06 - WITH CONDITIONS.
14
CITY COUNCIL MINUTES MAY 22, 2000
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, McGill, Sondhi and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: McCoy
Item No. 18: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000-
08, A REQUEST TO ESTABLISH AN 1,800 SQUARE-FOOT STARBUCKS COFFEF
HOUSE AT 10953 MERIDIAN DRIVE, UNIT A: The Mayor opened the public hearing.
The Community Development Director presented the staff report which described a
Conditional Use Permit request to establish a coffee house in the Meridian Plaza
shopping center situated at the northwest corner of Katella Avenue and Meridian Drive,
located within the PC-1 Planned Community Business Park Zone. The proposed coffee
store use is compatible with surrounding commercial uses and will complement the
existing restaurant uses in the area and within the shopping center, and parking on site
is adequate. In addition, the proposed coffee house is consistent with the zoning and
General Plan land use designations. Notices of this public hearing were posted,
published, and mailed to the owners of all properties located within 300 feet of the
subject parcel. To date, staff has not received any communication regarding the
proposed project. Staff recommendation is the adoption of the Resolution for approval
of Conditional Use Permit No. 2000-08, subject to the conditions in Exhibit "A.'
The Community Development Director responded to Councilmember Sondhi that the
coffee house facility will have the seating capacity to accommodate forty customers
inside the facility, and outside seating for sixteen customers. The peak business hours
will be during the morning and late evening hours which will not coincide with the peak
hours of operation for the other businesses within the center, which will help off-set the
demand for parking on site. Additionally, there are numerous pedestrian customers
from the Business Park which will reduce the demand for parking.
The Mayor asked the applicant, if present, to come forward. The applicant, Mr. Tom
Lao, representing TI Planning and Starbucks Coffee, stated that the coffee house
facility will have the seating capacity to accommodate thirty customers inside the
facility, and does not anticipate parking to be a problem at this site.
Mayor Piercy asked if there was anyone who wished to speak in favor of the variance.
No one wished to speak in support of the variance.
Mayor Piercy asked if there was anyone who wished to speak in opposition of the
variance. Heekyong Lee, 4702 Ambruzzi, Cypress, came forward and asked if
Starbucks Coffee would be occupying a vacant space, and if not, which establishment
Starbucks Coffee is replacing.
The Community Development Director responded that the tenant space is currently
occupied by AlphaGraphics Printshop, which will be relocating within the shopping
center to accommodate Starbucks Coffee and other new tenants that are locating into
the Meridian Plaza.
There was no one else who wished to speak in opposition to the variance.
Mayor Piercy closed the public hearing.
Coencilmember Keenan stated that citizens have been requesting a coffee house in
Cypress for the last four years, and he is very pleased that Starbucks Coffee has seen
value in the Business Park as a potential site and entertaining the idea of outside
seating. This establishment will be a positive asset on the entire center, which will now
be one hundred percent leased, and will encourage pedestrian customers from the
Business Park.
15
CITY COUNCIL M1NUTES MAY 22, 2000
It was moved by Councilmember Keenan and seconded by Mayor Piercy to adopt a
Resolution of the City Council of the City of Cypress, Approving Conditional Use Permit
No. 2000-08 - With Conditions.
Mayor Piercy stated that she is pleased to welcome Starbucks Coffee to Cypress.
Mayor Pro Tern McGill stated that he doesn't anticipate any competition for parking
space at this location due to the hours of operation from 5:00 a.m. to 12:00 a.m.
RESOLUTION NO. 5240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 2000-08 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, McGill, Sondhi and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: McCoy
NEW BUSINESS:
Item No. 19: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
43212 - 43428. It was moved by Councilmember Keenan and seconded by
Councilmember Sondhi to approve the Warrant List for Warrants No. 43212 through
43428 in the amount of $781,029.86. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, McGill, Sondhi and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: McCoy
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the
Ex Officio Governing Board of Directors.
Item No. 20: APPROVAL OF DESIGN AND ADOPTION OF MITIGATED NEGATIVE
DECLARATION FOR THE CONSTRUCTION OF THE PROPOSED 3,939 SQUARE
FOOT SKATE PLAZA WITHIN VETERANS PARK. The Recreation & Parks Director
presented the staff report which described the plaza concept, which would provide a
safely designed alternative to skating in areas such as streets, or in front of businesses
and shopping centers. The plaza setting would not be as likely to attract skaters from
outside the Cypress area because of its small size, and would present a more natural
visual park setting. The facility could be used for a seating area when not being used
as a skate facility. The Recreation & Parks Director called upon Steve Rose of Purkiss
Rose-RSI, an architect who has been assisting City staff with the Veterans Park Skate
Plaza project, to present the layout and describe the design features to be included
within the skate plaza
Mr. Rose confirmed at the request of Councilmember Keenan, that the concrete used
for the skate plaza is extremely strong and is made with a curing compound to
strengthen the concrete, in addition to steel reinforced skateable features such as
steps, rails, planters, benches and handicapped accessible ramps.
The Community Development Director described the mitigated negative declaration,
which is required by the California Environmental Quality Act (CEQA). The
environmental checklist and analysis concludes that a proposed 3,939 square foot
Skate Plaza Project would not have any significant impacts on the environment at the
recommended location within Veterans Park.
16
CITY COUNCIL MINUTES MAY 22, 2000
The Community Development Director responded to Councilmember Keenan that after
surveying several environmental consultants, it would take approximately three to four
months to obtain a completed, focused Environmental Impact Report.
Councilmember Sondhi stated that this project has been a long, arduous process for all
parties involved, including Councilmembers, staff and citizens, in addition to the pros
and cons presented and the controversy associated with the project. The size of the
facility as originally proposed has been reduced by approximately two-thirds, and she
doesn't anticipate any issues of incompatibility or interaction between users of the skate
park and the tot lot, as there are no hard surface areas joining any of the park activity
areas to the skate plaza area.
Mayor Piercy concurred with Councilmember Sondhi stating that this project was
proposed to design and develop a skate park for skateboarders in the community.
Veterans Park has been determined to be the park of choice because it is one of the
underutilized community parks. The City Council will continue to inform the public on
the features of the project.
Former Interim City Manager Richard Storey stated that a facsimile was received today
at City Hall from Councilmember McCoy to be read into the record on the Skate Plaza
within Veterans Park issue.
June Liu, Assistant to the City Manager, read a statement into the record on the Skate
Plaza within Veterans Park issue from Councilmember McCoy, asking that the Council
give this issue back to the Recreation & Parks Department and find another location
that will fit into the community.
Mayor Pro Tem McGill commented on the statement that the litany of opposition to the
Veterans Park location originally related to the onerous size of the proposed facility.
The size as now proposed has been drastically reduced, and can be assimilated to the
size of a volleyball court. Residents in the community have enjoyed democracy in
action, as evidenced by the studies, discussions and public hearings of the Community
Services Commission and Skatepark Task Force. It has been a very deliberative
process, and the Council has assessed security, safety and health issues for the
residents who use the Veterans Park facility.
Mayor Pro Tem McGill reviewed and discussed the executive summary in the staff
report for the Approval of Design and Adoption of Mitigated Negative Declaration for the
Construction of the Proposed 3,939 Square Foot Skate Plaza Within Veterans Park,
including potential environmental acoustical impacts and transportation/traffic impacts.
The City Council is sensitive to this issue and to members of the community, and have
taken the due diligence necessary.
Councilmember Keenan reiterated that the skate plaza issue has been a very
democratic process, and the Council does have an obligation to listen to the citizens of
the community. Many residents are in favor of the proposed Skate Park within
Veterans Park, including residents in the Sorrento development and surrounding areas.
Mayor Pro Tem McGill stated that pursuing a focused Environmental Impact Report is a
tedious and expensive process, but it would illustrate the due diligence of the City
Council and clarify issues that would be presented in a legal challenge.
Mayor Piercy stated it is evident that an additional step is necessary, and the Council
will need to pursue a focused Environmental Impact Report, which will involve
additional time and money due to members in the community opposing the Skate Park
within Veterans Park through a legal challenge.
Mayor Piercy recognized that Councilmember McCoy represents many citizens, some
of which are in attendance at tonight's Council meeting, who are opposed to the Skate
I7
CITY COUNCIL MINUTES MAY 22, 2000
Park within Veterans Park, however, he does not represent all the citizens of the
community, as there are many citizens who are in favor of a skate park.
Mayor Piercy stated that all Councilmembers are representing the citizens of the
community.
The Community Development Director responded to Mayor Pro Tem McGill that if the
Council were to approve the construction of an open air, unlit basketball court within a
community park, an Environmental impact Report would not be necessary, as it would
be categorically exempt in that it would be the addition of a feature within an area
planned for active recreation.
City Attorney Wynder stated that the skate park plaza issue has been environmentally
analyzed to an extreme, and a legal argument could be made that this project is also
categorically exempt. In light of the Council's sensitivity to community concerns,
additional and updated environmental analysis will be done. It is the City Attorney's
opinion that the City has legally adequate environmental review that could be defended
successfully in court.
The Community Development Director responded to Mayor Pro Tem McGill that a
focused Environmental Impact Report will provide a notice of preparation to all
responsible and interested agencies, residents within 300 feet of the project area, and
all residents of the Sorrento development, which provides an avenue for public input for
those who have concerns to provide further comment.
City Attorney Wynder stated that an analysis is prepared and a conclusion reached,
and citizens are encouraged to comment on the adequacy or defensibility of
conclusions reached in the analysis. Each of those comments are addressed before
the final environmental document is brought before the Council for certification.
It was moved by Mayor Pro Tem McGill and seconded by Councilmember Sondhi to
direct staff to bring back an agreement with an appropriate environmental consultant to
conduct either a focused Environmental Report or other further Environmental Impact
Report as warranted by the circumstances. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, McGill, Sondhi and Piercy
NOES: 0 COUNClLMEMBERS: None
ABSENT: 1 COUNClLMEMBERS: McCoy
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency. No items were presented.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENT?,:
Mayor Piercy requested the reports from the Councilmembers on their respective
committee assignments.
Councilmember Keenan:
Attended West Orange County Cities meeting with the Mayor. A representative from
the Animal Control Center in Orange County gave a presentation on the relocation of
the Animal Control Center to the Tustin Marine Base, a process which will take
approximately 3-4 years. West Orange County Cities are considering alternatives for
contracting with the County for animal control, and he is hopeful that staff is looking at
the new facility in Long Beach. Another presentation was heard on the rail study which
was conducted jointly by West Orange County Cities.
Attended an OCTA committee meeting last week to review the security provided by
transit operations. Interventions and false alarms have decreased, and Orange County
]8
CITY COUNCIL MINUTES MAY 22, 2000
bus systems are tremendously secure, with thanks to the Orange County Sheriff's
Department.
Attended the OCTA board meeting today to discuss the 91 Freeway, particularly as it
pertains to Assemblymember Pacheco's 20-91 Bill, for the state to buy back the 91 toll
road lanes and operate with a non-profit group. After much discussion, the consensus
was to remain neutral on the Bill and seek amendments.
Attended League of California Cities dinner with fellow Councilmembers.
Attended a Town Hall Meeting on Saturday, May 13th, held by Congressman Royce, the
same day as the Cypress Police Department Open House. Congressman Royce
presented some legislation ideas and legislation he has put through in Congress.
Commended Congressman Royce for representing Cypress, and commended the
Police Department for a successful Open House.
Attended the Police Officers Association dinner. The Employee of the Year, Police
Officer of the Year, and Citizen of the Year (a police volunteer) were recognized and
honored.
Mayor Piercy:
West Orange County Cities is continuing to study the rail feasibility, and looking at
different plans for rail alignment along the right-of-ways.
Participated in the Mayors' duck race fundraiser on Saturday morning to benefit the
Huntington Beach Community Clinic.
Will be attending the Sanitation District meeting on Wednesday evening.
Attended the Cypress Evangelical Free Church to observe the tutoring program for
students after school. The Church is inviting donations of used computers to be used in
the tutoring program.
Mayor Pro Tem McGiil:
The Boys and Girls Club has collaborated with King Elementary School to provide after-
school tutoring.
Attended the Orange County Library Board meeting to discuss capital projects for the
next four years, and budgeting for capital improvements to facilities, which has suffered
due to loss of revenue to the State as well as the bankruptcy of the County of Orange.
The Cypress Library will receive funding for capital improvements to the interior of the
facility.
Attended the League of California Cities meeting.
Councilmember Sondhi:
Testified before the Board of Supervisors last Tuesday at the Hall of Administration in
Santa Aha on behalf of the Orange County Regional Airport Authority. Public hearings
were being held associated with the continued controversy over the planning process
for El Toro. Encouraged the Board of Supervisors to continue with the planning
process, continue to consider all possible alternatives, and attempt to hear all concerns.
Attended the Project Action Committee meeting for the Housing and Community
Development Commission last week to review an additional project for funding
purposes for affordable housing. Reviewed the possibility of changes to a new RFP for
the next round of funding for affordable housing.
19
CITY COUNCIL MINUTES MAY 22, 2000
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Bill Wostenberg commended the Council for their patience and civility in dealing with
very difficult issues, both tonight and in the past. It concerns him as a resident to hear
citizens continue to threaten litigation.
Allen Crowder, 6881 Reefton Avenue, Cypress, welcomed the new City Manager,
Patrick Importuna.
The following citizens spoke in opposition to the Skate Plaza within Veterans Park,
regarding alternative sites for construction of a skate park, potential environmental
impacts to residents, and the safety of children.
Ms. Brinda McCoy
Mr. Jerry Quinn
Bill Wostenberg stated that as a Recreation & Community Services Commissioner, he
is aware of the time and hours which were devoted to reviewing and researching the
skate plaza project, both on the part of volunteer citizens who comprise the
Commission, volunteer citizens who served on the Task Force, City staff members, and
youth in the community. Indicated that many of those citizens who are opposed to the
Skate Plaza within Veterans Park were not present at many of the public hearings
which took place during the analysis phase of the project, and have now become a part
of the problem instead of the solution.
Mary Crowder, 6881 Reefton Avenue, Cypress, resented Mr. Wostenberg's comments,
stating her concern for the safety of the children.
Councilmember Keenan once again welcomed new staff members to the City of
Cypress, and wished Lillian Haina, City Clerk, well in her retirement endeavors and
commended for her thirty years of dedicated service to the City of Cypress.
Councilmember Keenan commended Richard Storey for his dedication and hard work
while serving as Interim City Manager.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No items were
presented.
ADJOURNMENT: Mayor Piercy adjourned the meeting at 11:00 p.m. to Monday, June
12, 2000, at 5:00 p.m. in the Board Room, West Wing of City Hall, 5275 Orange
Avenue, Cypress, California.
YOR OF THE CITY OF CYPP~SS
ATTEST:
~JlTY CLE'RK OF ~IE CITY OF CYPRESS
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