Minutes 98-07-13CITY COUNCIL MINUTES
CITY OF CYPRESS
JULY 13, 1998
AREA CODE-Reaffirm desire for only one area code in City
CLASSIFICATION PLAN-AdOpt ReSO adding job specs for Jr ACCt & ReC Spec Comp
CUP NO. 98-11-AdOpt ReSO apprv restaurant w/sale of beer and wine, Dominics, 9921 Walker St
ELECTION-AdOpt ReSOS on sufficiency of sigs Piercy petition & calling for election 11/3/98
lliLI~CTION, RI~POI~T REOUIR!~MENT$-ProI~osed Ord to be brought back at 7/27 meeting
FINANCE DEPT, WARRANT LIST-Approv Warrant List for Warrants No.32552 - 32767
LEGISLATION-Support ACA 42 stabilize local govt revenues, oppose prop to reduce license fees
LINCOLN AVE-ACCept proj for median modifications & traff signal, PW Proj 9729
MYRA AVE PUMP STA NO. 1-Accept installs, apprv final payment, auth release of bonds
OCTA-Adopt Resos requesting allocation for Signal interconnect & intersection improvements
PW Proj Nos. 9318 and 9601
ORAL COMMUNICATIONS-Citizens spoke on curb & gutter repair, noise, election
POLE BANNERS-Approv over the street pole banner system
POLICE DEPT-Adopt Reso ratifying MOU for Police Mgmt
POLICE DEPT-AdOpt ReSO ratifying MOU for CPSEA
PRESENTATIONS-Members of Festival Assn presented memorabilia to Council
PRESENTATIONS-S1,000 contribution presented by Cypress Rotary Club
REC & PARK DIST-Cont approval c;f joint use agreement b/t AUHSD & City for Oxford School
SIDEWALK, CURB, & GUTTER-AWard contract for removal and replacement, PW Proj 9636
ST IRENAEUS-Grant request to waive fees for annual fiesta
ST MAINTENANCE-Award contract for slurry seal of residential sts, PW Proj 9798-13
TRANSPORTATION-Adopt Reso apprv supp agree no. 005 to State-Local Entib/Master
No. SLTPP-5330
TREE MAINT-Apprv request to plant Queen palm at 10172 St. Bernard
VETERANS PARK SKATEPARK-COntinue adoption of mitigated neg dec for project w/I park
ZONING MATTERS-Adopt Resos apprv DRC 98-14 and 98-18
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 13, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:15 p.m., Monday,
July 13, 1998, in the Board Room, West Wing, City Hall, 5275 Orange Avenue, Cypress,
Mayor Pro Tern Tim Keenan presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan and Piercy
Mayor Jones
INTERVIEW SESSION: The City Council conducted oral interviews with the two applicants
for the single vacancy on the Cultural Arts Commission.
RECESS: Mayor Pro Tern Keenan recessed the meeting at 5:35 p.m. to enable the Council
to reconvene in the Council Chamber. The meeting reconvened at 5:40 p.m. with all
Councilmembers present except Mayor Jones. AlSo present were the City Manager, City
Attorney and Finance and Administrative Services Director.
CLOSED SESSION: Mayor Pro Tem Keenan immediately recessed the meeting to allow the
Council to enter into Closed Session to discuss those agendlzed Items of Public Employee
Appointment (Government Code Section 54957) Police Chief, Conference with Legal
Counsel on Existing Litigation (Government Code Section 54956.9(a), Caroline Fardette v.
City of Cypress and two Anticipated Litigation cases (Government Code Section 54956.9(b).
The meeting reconve~led at 7:00 p.m., with all Councilmembers present, except Mayor
Jones. Also present were the City Manager, City Attorney and staff members Christoffels,
DeCarlo, Kelly, Krauss, Storey and Wylie.
'7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Carroll.
INVOCATION: Associate Pastor Pedro Buford of the Cavalry Chapel gave the invocation.
PRESENTATIONS:
Mr. Karl Dash, Cypress Community Festival Association, introduced two of the Festival
Committee Members, Linda Sunlev and George Hallak. They presented the City
Councilmembers with 1998 Community Festival memorabilia.
Mayor Pro Tern Keenan and Acting Police Chief Krauss accepted a contribution of $1,000
on behalf of the D.A.R.E. program, from Mr. Kent Holliday, President of the Cypress Rotary
Club.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Attorney reported on those agendized items discussed during Closed Session on
Public Employee Appointment, with the Council interviewing briefly the Police Chief
candidate; Conference with Legal Counsel on existing litigation, with the Council
unanimously authorizing the City Attorney to pursue settlement negotiations in Fardette
v. the City of Cypress and one of the two anticipated litigation cases.
Mayor Pro Tem Keenan said that interviews were conducted with two applicants for the
vacancy on the Cultural ArtS Commission.
ORAL COMMUNICATIONS: Limited to One-half Hour.
Mr. Charles Bell, 9875 Joel Circle, Cypress, spoke about the problem of noise emanating
from the neighboring Evangelical Church. He asked the Council to require the Church to
cease their activity or abide by the conditions of approval outlined in the Conditional Use
Permit. He asked about the curb and gutter problem in front of his house and why it
hasn't been fixed.
Councilmember Carroll announced that he would not be running for reelection on the
Cypress City Council.
Councilmember Piercy referred to Item No. 21, Veterans Park Skatepark Project, and
suggested that this item be moved forward on the Agenda to be considered immediateIv
CITY COUNCIL MINUTES July 13, 1998
after the public hearings and she so moved. Councilmember Carroll seconded the
motion, which was unanimously carried bv the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercv
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
AWARD OF CONTRACTS
AWARD OF CONTRACT FOR SEAL COATING THE RESIDENTIAL STREETS NORTH OF ORANGEWOOD
AVENUE, SOUTH OF THE STANTON CHANNEL, EAST OF HOLDER STREET AND WEST OF KNOTT
STREET, REQUEST FOR PROPOSAL NO. 9798-13: The City Manager asked the Director of Public
Works to present the staff report, which advised that two bids were recelvecl to seal coat
the residential streets north of Orangewood Avenue, south of the stanton Channel, east
of Holder Street and west of Knott Street, known as Cypress Village.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
award a construction contract in the amount of $31,768.00 (bid amount of $28,880.00 plus
ten percent contingency) to Mission Paving and Sealing, Inc., 815 E. Commercial Avenue,
San Gabriel, California 91776, to seal coat all of the residential streets north of
Orangewood Avenue, south of the Stanton Channel, east of Holder Street and west of
Knott Street. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercy
None
Jones
AWARD OF CONTRACT ,FOR THE ANNUAL SIDEWALK, CURB AND GU~ER REMOVAL AND
REPLACEMENT CONTRACT, PUBLIC WORKS PROJECT NO. 9636: The Public Works Director
advised that four bids were received for the annual maintenance contract for the repair
of tree damaged curbs, gutters and sidewalks. Staff is recommending that the
maintenance contract be~awarded at a higher not to exceed figure of $300,000 so that if
additional sources of funding are made available and appropriated by the City Council
this fiscal vear to reduce the backlog, staff could implement the work Immediately
without having to rebid the contract.
It was moved bV Councilmember Piercy and seconded by Councilmember Bowman to
award the City's annual curb, gutter and sidewalk maintenance conreact to Perry Maness
Industries, P.O. Box 91477, 1101 E. Spring Street, Long Beach, Californ'ia 90809, in an
amount not to exceed $300,000. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
CONSENT CALENDAR:
Bowman, Carroll, Keenan and Piercy
None
Jones
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
Cib/Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
It was moved by Councilmember Carroll and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 3 through 15. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
Item No. 3: Motion to Approve City Council Minutes of June 22, 1998.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
June 22, 1998, as submitted, with Council Member Carroll abstaining due to his absence.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item NO. 5: Adoption of Resolutions Requesting the Orange County Transportation
AUthOrity to Allocate Combined Transportation Program Funds for the Moody Street
Traffic Signal Interconnect and the Intersection Improvements at Valley View Street and
Katella Avenue Projects, Public Works Project Nos. 9318 and 9601.
CITY COUNCIL MINUTES July 13, 1998
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, requesting the OCTA to allocate combined transportation program funds for the
Moody Street Traffic Signal Interconnect and the Intersection Improvements at Valley
View Street and Katella Avenue Projects, Public Works Project Nos. 9318 and 9601.
RESOLUTION NO. 4978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE
COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION
PROGRAM FUNDS FOR MOODY STREET TRAFFIC SIGNAL INTERCONNECT PROJECT, PUBLIC
WORKS PROJECT NO. 9318.
RESOLUTION NO. 4979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE
COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION
PROGRAM FUNDS FOR INTERSECTION IMPROVEMENTS AT VALLEY VIEW AND KATELLA
AVENUE, PUBLIC WORKS PROJECT NO. 9601.
Item No. 6: Approval of Program Supplemental Agreement No. 005 to State-Local Entity
Master Agreement No. SLTPP-5330 and Adoption Of Resolution Approving Said Agreement
for Public Works Project NO. 9714.
Recommendation: That the City Council: 1) Approve Program Supplemental Agreement
No. 005 to State-Local Entity Master Agreement No. SLTPP-5330; 2) Authorize the Mayor to
execute said Agreement; and 3) Adopt the Resolution approving Program Supplement
Agreement No. 005 which identifies the eligible project as the Pavement Rehabilitation of
Walker Street from Orange Avenue to Cerritos Avenue.
RESOLUTION NO. 4980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING PROGRAM
SUPPLEMENT NO. 005 TO STATE LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5330 FOR
THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR PUBLIC WORKS
PROJECT NO. 9714.
Item No. 7: Acceptance of the Installation of a Backup Generator at Myra Avenue Pump
Station No. 1, Public Works Project No. 9727.
Recommendation: That the City Council: 1) Accept the installation of a 200 kW generator
and the installation of new electrical service at Myra Avenue Pump Station No. 1, as being
satisfactorily completed in substantial conformance with the project specifications; 2)
Approve the final retention payment of $7,852 to Duthie Power Services, 2335 Cherry
Industrial Circle, Long Beach, CA 90805, 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 lien period, if no claims or objections have
been filed, upon the concurrence of the Director of Public Works
Item No. 8: Acceptance of the Lincoln Avenue Median Modifications and Traffic Signal,
Public Works Project NO. 9729.
Recommendation: That the City Council: 1) Accept the project for the Lincoln Avenue
Median Modifications and Traffic Signal, Public Works Project No. 9729, as being
satisfactorily completed in substantial conformance with the project specifications; 2)
Approve Contract Change Order Nos. I and 2, in the amount of $24,790.00; 3) Approve the
final retention payment of $18,116.04 to B.A. Construction, 2131 W. Valley Place, Anaheim,
CA 92804, 35 days after the Notice of Completion is filed, if no claims or objections have
been filed, upon the concurrence of the Director of Public Works; and 4) 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. 9: Approval of Position Opposing the Imposition of New Area Code Boundary
Which Would Divide the City of Cypress.
Recommendation: That the City Council reaffirm its desire to have only one area code of
the City, that it be 714, and direct staff to inform them regarding any future
developments concerning this issue.
CITY COUNCIL MINUTES July 13, 1998
Item No. 10: Request from St. Irenaeus Church for the Waiver of Fees Associated with the
Church's 35t" Annual Fiesta.
Recommendation: That the City Council grant the request to waive the Carnival Permit
fee of $150.00 and the Building Permit fees for St. Irenaeus Catholic Church's Annual
Fiesta, which was held on June 26, June 27, and June 28, 1998.
Item No. 11: Approval of Design Review Committee No. 98-14, Request to Install a New 24
Square Foot Wall Sign on Existing Building, Located at 5303 Lincoln Avenue; and Approval
of Design Review Committee NO. 98-18, Request to Replace Screening Trees Along North
Property Line of Industrial Building, Located at 10600 Valley View Street and South
Property Line of the Industrial Building, Located at 6200 Gateway Drive.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, approving Design Review Committee No. 98-14 and Design Review Committee No.
98-18- with conditions.
RESOLUTION NO. 4981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-14 - WITH CONDITIONS.
RESOLUTION NO. 4982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-18 - WITH CONDITIONS.
Item No. 12: Amendment to the City's Position Classification Plan Adding and Revising Job
Specifications and Establishing Compensation for Positions as Adopted in the FY 98-99 City
Budget.
Recommendation: That the city council adopt 1) the job specifications for the regular
full-time position of Junior Accountant and the regular part-time position of Recreation
Specialist and 2) the Resolution by title only, title as follows, amending the City's
Classification Plan and establishing compensation for reclassified positions in the FY 98-99
City budget.
RESOLUTION NO. 4983
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION
NO. 3574, BY ADDING AND REVISING JOB SPECIFICATIONS AND ESTABLISHING
COMPENSATION FOR THE POSITIONS OF JUNIOR ACCOUNTANT AND RECREATION
SPECIALIST IN THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF
THE CITY OF CYPRESS.
Item NO. 13: Adoption of the Memorandum of Understanding Between the City of
Cypress and the Cypress Police Management Association for Contract Period July 1, 1998
through June 30, 2000.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, ratifying the memorandum of Understanding between the City and the Cypress
Police Management Association.
RESOLUTION NO. 4984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS, AND THE CYPRESS
POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS
AND CONDITIONS OF EMPLOYMENT.
Item NO. 14: Adoption of the Memorandum of Understanding Between the city of
Cypress and the Cypress Police Officers Association for Contract Period July 1, 1998
through June 30, 2000.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, ratifying the Memorandum of Understanding between the City and the Cypress
Police Officers Association, previously known as the Cypress Public Safety Employees'
Association.
4
CITY COUNCIL MINUTES JUly 13, 1998
RESOLUTION NO. 4985
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS
POLICE OFFICERS ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT.
Item No. 15: Authorization to Support Assembly Constitutional Amendment (ACA 42) to
Stabilize Local Government Revenues and Oppose Proposals to Eliminate or Reduce
Vehicle License Fee Revenues for Cities.
Recommendation: That the City Council support ACA 42 tO stabilize and protect existing
local government revenues from being taken away by the State and oppose proposals to
reduce or eliminate vehicle license fee revenues for cities and counties.
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-11, ITALIAN FOOD RESTAURANT WITH
SALE OF ONSITE BEER AND WINE, 9921 WALKER. STREET: Mayor Pro Tern Keenan opened the
public hearing. At the request of the City Manager, the Community Development
Director summarized the staff report which represented a request by Angela Cesario of
Dominics Italian Restaurant to establish an Italian food restaurant with the sale of onsite
beer and wine. The proposed location for the restaurant is an existing 1,920 square-foot
lease space at 9921 Walker Street. Restaurants with the sale of alcoholic beverages are
subject to approval of a conditional use permit. The proposed business will not result in
an over-concentratioQ of on-sale beer and wine (Type 41) licenses in the vicinity. In
accordance with the requirements of the California Environmental Quality Act (CEOA), the
project has been determined to be Categorically Exempt, Class l(a). 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. She noted that Condition No. 6 had a typo and the
number of the Conditional Use Permit should be "No. 98-11.'
The applicants, Angela and Jerry Cesario, explained that they now have a restaurant on
Ball Road, they wished to expand their business and there is space available in a facility
behind them.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
close the public hearing and adopt the Resolution by title only, title as follows, approving
Conditional Use Permit No. 98-11, subject to conditions.
RESOLUTION NO. 4986
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-11 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercv
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
CONTINUATION OF ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE VETERANS PARK
SKATEPARK PROJECT AND ADOPTION OF PLAN TO CONSTRUCT A SKATEPARK WITHIN VETERANS
PARK. The City Manager called upon the Recreation and Parks District Director to present
the staff report on the proposed skatepark, which was continued from the Council
meeting of May 26, 1998. The item was continued in order to provide staff with the
opportunity to: 1) review the issues raised by residents concerning liability, property
values, location within the park, and times of use; 2) create a list of skateparks so
interested residents could visit them to gain a better awareness of the type of facility
being proposed; 3) study the lighting at two alternative locations; and 4) conduct soil
samples of the two alternative locations within the park. The Community Development
Department prepared a mitigated negative declaration in accordance with the California
Environmental Quality Act (CEQA) and with the incorporation of the suggested mitigation
measures concerning special events and posted hours of operation. Community
Development felt the proposed project would not have any significant impacts on the
environment at either of the two alternative locations within Veterans Park. He advised
that approximately 300 Council agendas of the July 13 meeting were mailed to residents
CITY COUNCIL MINUTES July 13, 1998
that had submitted communications to the City. He then introduced June Liu, Recreation
Services Manager, who explained, with visual aids and statistics, some of the issues
discussed at the May 26 City Council meeting, such as: streetscape-style skatepark,
lighting, soil conditions, location, liability crime, home values, and hours of use. She
summarized the contents of a letter received from Mr. Enrique conejo, a Certified Real
Estate Appraiser from Downey, assessing the impact of a skatepark on Novara Lane. She
quoted from the letter, "An unsupervised skatepark has a very strong potential for
negatively impacting the desirability and thus the value of homes on Novara Lane." Ms.
Liu advised that staff had sent out several press releases and more than 50 letters to
residents who spoke in concern of the skatepark at past Commission and Council
meetings.
Councilmember Bowman referred to Wicker Drive and asked If that property was
considered as an alternative site. The Recreation Services Manager named those locations
that had been considered by staff, Recreation and Community Services Commission and
the Citizens Committee to Build a Skatepark, and the standards set by them regarding
possible locations. The process taken to arrive at the recommended proposed location
was open to the entire community.
Councilmember Carroll commented that the restraint to consider only public land may
have been taken too early.
The Recreation and Park District Director explained that the proposed skatepark is small,
specifically designed for location in a park site and geared to the novice and vounger
skater.
Councilmember Carroll felt that the concern was not the configuration of the skatepark
but does it complimept the residences around the site.
After additional questions and answers, Mayor Pro Tern Keenan opened the meeting for
public comment.
The following citizens commented about the construction of a skatepark within Veterans
Park on other sites, Wicker Drive property, proximity to Police Department, restroom
access, central location, visibility, distance from residences, value of homes, drug and
alcohol, liability, corporate sponsors, membership facility, effect on Veterans Park, users
from other cities, need for a skatepark, gang activity, hours of use, fencing, and parking.
Mr. George Hallak, Marion Avenue, Cypress
Mrs. Gall Kerry, 5196 Edgemont Circle, Cypress
Mr. Rick Osborne, Denni Street, Cypress
Mr. Del Davis, 4917,Tremezzo Drive, Cypress
Mr. Gerard LaBrie, Cypress
Mr. David Fosmier, Cypress
Mr. Osman Castillo, 4577 Chelsea Court, Cypress
Master Jerry McEIrov, Cypress
Miss Shelley Wynder, 9305 Cambridge Street, Cypress
Ms. Cindy Allison, 9830 Trevi Street, Cypress
Mr. Frank McCoy, 4596 Tuscani Drive, Cypress
Mr. John Riddell, Real Estate Appraiser, Lakewood
Ms. Terese Conde, Cypress
Ms. Sandra Cassl, 9871 Novara Lane, Cypress
Mr. Jia Yang, 4551 Tuscani Drive, Cypress
Ms. Joann Bates, 4228 Larwin Avenue, Cypress
Mr. Robert Bates, 4228 Larwin Avenue, Cypress
Miss Sonia Malhotra, Cypress Youth commissioner
MS. Susan Creager, 4701 Ariano Drive, Cypress
Mr. Mike Pack, Cypress
Mr. Bob Sandoval, 9863 Novara Lane, Cypress
Ms. Joan McEvoy, 4178 Elizabeth Court, Cypress
Ms. Rhonda Gallins, 4880 Corso Circle, Cypress
Ms. Paula English, 5975 Suva Street, Cypress
Mr. Nathan DUcat, Cypress
Mr. Isaac Houseman, Novara Lane, Cypress
Mr. Don Blanchard, Cypress
Mrs. Frann Shermet, 9525 Normandy Way, Cypress
Ms. Jill LOSey, Cypress
Mr. Lin Ko, 9706 Piazza Court, Cypress
Mr. Raj, Cypress
Mr. Louie Giampapa, 4921 Marion Avenue, Cypress
CITY COUNCIL MINUTES JUly 13, 1998
Mayor Pro Tem Keenan clarified that Murdy Park in Huntington Beach is near homes, not
apartments. Discussions on a skatepark have been conducted for the past year and one-
half, with many articles in the newspapers, cable TV notices and public meetings. This
Council has not been required to notice but have felt an obligation and have gone above
and beyond what is required. The City Manager said that several articles have been
published in the newspapers, a citizens committee reviewed the Issue before the
Recreation and Community Services Commission, and those meetings were open to the
public. Any citizen who wrote a letter or signed a petition received a communication on
future meetings related to the issue. A public hearing was held even though not required
for this particular matter. All homes within 500 feet were notified of the May 26, 1998
City Council meeting and this item was continued from that meeting.
Members of the staff then responded to some of the comments and cluestions posed by
the residents.
Councilmember Piercy invited the residents who were against the location of the
proposed skatepark to volunteer to locate a site. There was a lot of concern about the
location and there may have to be additional funds expended if the skatepark does not
go into an existing public park. She does support a skatepark but will change her mind
about the proposed location after hearing the citizens express their fears. She
challenged the citizens to become involved and take part in finding a solution.
Councilmember Bowman concurred and suggested that staff consider Wicker Drive and
respond to why it wouldn't be a viable location. A skatepark is needed In the City.
Councilmember Carroll commended staff for their hard work. Other sites should be
considered but the skatepark cannot be abusive to the community and a better choice
needs to be made.
It was moved by Councilmember Carroll and seconded by Councilmember Pierc¥ to set up
workshops involving the public where the staff and Commissioners provide more options
on site selection, including the cost of the site selections, reconsider the Veterans Park
site, and return to Council within six weeks. The City Manager proposed that there be a
discussion about the sites with pros and cons, but also a discussion of the process that
would be followed in terms of further narrowing the choice of sites. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
RECESS: Mayor Pro Tern Keenan recessed the meeting at 10:08 p.m. and reconvened at
10:26 p.m., with all Councilmembers present, except Mayor Jones.
Mayor Pro Tern Keenan announced that there was a request to move Item No. 18 forward.
It was moved by Councilmember Piercy and seconded by Councilmember Bowman to
hear Item No. 18 at this time. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Pieroy
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
REQUEST FOR A QUEEN PALM TO BE PLANTED AT 10172 ST. BERNARD,..CYPRESS: The City
Manager asked the Public Works Director to review the staff report which represented a
request from the property owner to replace the tree removed earlier in the year with a
Queen Palm. The request was denied by staff because this type of tree would not be
consistent with the remaining Evergreen Elms on the street. The property owner, Mrs.
Janet Felien, is appealing the decision to the City Council.
Mrs. Fellen said that she was promised a Queen Palm as a replacement tree and just prior
to the planting, was informed by City staff that there had been a moratorium placed on
Queen Palms. She noted that Queen Palms were being planted in nearby neighborhoods
as late as June 11.
At the request of Mayor Pro Tern Keenan, the Public Works Director explained that the
nine tree. species currently on the City list do not cause the sewer damage that the
Evergreen Elm did. Of all the species available, the least likely to cause sewer problems is
the Queen Palm.
CITY COUNCIL MINUTES July 13, 1998
Mayor Pro Tern Keenan commented that since her property does abut Myra Avenue and
there are Queen Palms on Myra, he would make a modification In the policy for this
property.
It was moved by Councilmember Piercv and seconded by Mayor Pro Tern Keenan to
approve the Queen Palms as replacement trees. The motion unanimously carried bV the
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
0 COUNCILMEMBERS: None
1 COUNCILMEMBERS: Jones
DEFERRED BUSINESS:
CONTINUATION OF AN ADOPTION OF AN ORDINANCE OF THE CITY OF CYPRESS, ADDING ARTICLE
X TO CHAPTER 2 OF THE CYPRESS MUNICIPAL CODE, PROVIDING FOR THE HEIGHTENED
REPORTING OF CONTRIBUTIONS AND EXPENDITURES FOR ELECTIONS IN THE CITY: The City
Attorney summarized the staff report addressing the revised Ordinance which provided
for the heightened reporting of contributions and expenditures for elections held in the
City of Cypress. He noted the changes that were made given the direction from the City
Council at its meeting of June 8, 1998.
Councilmember Piercy expressed her dissatisfaction with the Ordinance, remarking that it
contained more than was necessary. She took exception to Page 3, No. 2 under
uContributions", page 4, "Reports," subsection (d) and "Penalties." When she agreed to
heightened reporting, she was agreeing to money reporting and views this as a paper
nightmare.
Councilmember Bowr~an questioned paragraph 2 on page 3 which sounded like whoever
gave the event would have to report it also. The City Attorney responded that only the
candidate, the control committee or the general purpose committee, If it were a ballot
measure, would be the reporting source.
After some discussion, Councilmember Carroll commented that in-kind contributions
should be recorded and a' valid attempt to be honest would pass most scrutiny. The City
Attorney said that there was no attempt to limit the amount of the expenditure so the
amount of the contribution is not important. Councilmember Carroll asked about the
maximum misdemeanor penalty and the City Attorney replied that currently the
maximum penalty is six months in jail and $1,000 fine or both, mandated by the Penal
Code. Councilmember Carroll asked if there is a lesser penalty where the person is
censured by their peers and the City Attorney said the penalty could be made an
Infraction. Then the maxi~num penalty would be a fine set by the Council.
Mayor Pro Tern Keenan felt that adequate changes have been made to the document.
There have been misconceptions, however, all that is being required by the Ordinance is
the reporting of in-kind donations. '
Councilmember Piercy objected to the recording of in-kind contributions and she has a
right to change her opinion on an item. She could accept the penalty of an infraction.
Mayor Pro Tern Keenan stated that it is the people's right to know what is contributed to
a candidate and he is prepared to proceed.
Councilmember Bowman had additional questions on what was considered in-kind
contributions, to which the City Attorney responded. Councilmember Bowman said he
did not have any problem identifying the dollar amount of in-kind services, but when
peoples' names are required to be reported because they have volunteered their time to
help run a campaign, that is too much. He believed the original intent was to identify
anonymous donors who contributed money.
After additional discussion on reporting of in-kind contributions and penalties,
Councilmember Carroll referred to the penalties and suggested rewording the section to
read, "Violation of this article shall be punished as an infraction, a censure or
misdemeanor" and provisions for levels of penalty depending on the number of
infractions and the dollar value. He also suggested a threshold before being required to
report in-kind contributions of $50 or $100.
It was moved bV Councilmember Carroll to approve the Ordinance as written with the
changes to the penalty paragraph and adding a threshold of $100 on the in-kind
contributions. The City Attorney advised that these were substantive changes to the
Ordinance and it will be brought back again for introduction and first reading at the next
Council meeting. Councilmember Piercy expressed her concern with the 48 month
8
CITY COUNCIL MINUTES July 13, 1998
period requirement on starting a committee. The City Attorney said that if a committee
is formed after the Ordinance takes effect, it would operate prospectively from the date
of the Ordinance and he provided an explanation. He would be adding language to
Section 2 of the Ordinance or a new Section 3 advising that the Ordinance shall operate
prospectively only from the date it becomes effective.
Upon the advice of the City Attorney, Councilmember Carroll amended his motion to
direct staff to revise the Ordinance as discussed and bring it back. Mayor Pro Tern Keenan
seconded the motion and the motion unanimously carried with the following roll call
vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 1 COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercv
None
Jones
NEW BUSINESS:
ACCEPTANCE OF CITY CLERK'S CERTIFICATE OF SUFFICIENCY OF SIGNATURES ON PETITION
SUBMITTED BY ANNA PIERCY, RELATING TO A PROPOSED CHARTER AMENDMENT DELEGATING
PLANNING AGENCY FUNCTIONS; ADOPTION OF RESOLUTIONS AMENDING RESOLUTION NO. 4975,
CALLING AND GIVING NOTICE OF THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 1998, AND AUTHORIZING THE FILING OF WRITTEN ARGUMENTS
AND PREPARATION OF AN IMPARTIAL ANALYSIS BY THE CITY ATTORNEY. The City Manager
presented the staff report which advised that in accordance with the State Elections
Code, the City Clerk had examined the petitions submitted by Anna Piercy, relating to the
proposed Charter Amendment on Planning Agency Functions, and had certified as to the
sufficiency of signatures on the petitions. In order to place this measure on the ballot,
the Council is requested to adopt the attached Resolution amending the previously
adopted Resolution 4975 calling and giving notice of the November 3, 1998 General
Municipal Election. Additionally, a Resolution authorizing the filing of written arguments
for or against the measure and directing the City A~orney to prepare an impartial
analysis was also required.
Councilmember Carroll had some questions on the Certificate of Sufficiency, which were
answered by the City Clerk.
It was moved by Councilmember Bowman and seconded by Mayor Pro Tem Keenan to
continue the meeting past the hour of 11:30 p.m. The motion unani~mously carried by
the following roll call vote: ~
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
Mayor Pro Tern Keenan expressed his disappointment that the initiative was going to be
on the ballot and he would vote "no" on putting this on the ballot. He fully intends to
challenge every aspect of the initiative. He said he was dismayed at the number of
people who signed the petition under false prel:enses and the force behind the initiative
is clearly anti-Planning Commission. This City Council was forced to spend tax dollars to
create such a ballot measure and more money will be spent to decide the initiative.
Councilmember Piercy responded to Mayor Pro Tern Keenan's statement. One of her
campaign promises was against a Planning Commission and she has made it very clear
that the issue should come to a vote of the people. She is tired of hearing the orations of
some people who have attacked her at every opportunity with misinformation.
It was moved by Councilmember Piercy and seconded by Councilmember Bowman to
accept the City Clerk's Certificate of Sufficiency of Signatures on the Petitions submitted
by Anna Piercy relating to the proposed Charter Amendment on Planning Agency
Functions and adopt the Resolutions bv titles only, titles as follow, relating to the
Inclusion of this measure to be placed on the ballot for the November 3, 1998 General
Municipal Election.
RESOLUTION NO. 4987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
RESOLUTION NO. 4975, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1998, FOR THE
SUBMISSION OF A CHARTER AMENDMENT RELATING TO DELEGATING PLANNING AGENCY
FUNCTIONS.
9
CITY COUNCIL MINUTES July 13, 1998
RESOLUTION NO. 4988
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AUTHORIZING THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND
DIRECTING THE CITY A1-FORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
Councilmember Bowman said that the Council will have an Initiative on the ballot: that:
challenges this initiative and that is what the political process is all about. He did believe
the people should make the decision.
Councilmember Carroll said he will vote for the item because the required number of
signatures were obtained to place the initiative on the ballot. People who work together
have a certain level of behavior toward each other and he felt that was breached on this
issue.
The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Carroll and Plercy
NOES: I COUNCILMEMBERS: Keenan
ABSENT: I COUNCILMEMBERS: Jones
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 32552 - 32767: It was moved
by Councilmember Piercy and seconded by Councilmember Bowman to approve the
Warrant List for Warrants No. 32552 through 32767 in the amount of $858,250.27. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercv
0,~ COUNCILMEMBERS: None
I COUNCILMEMBERS: Jones
RECREATION AND PARK DISTRICT MATFERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors.
CONTINUATION OF APPROVAL OF JOINT USE AGREEMENT BETWEEN THE ANAHEIM UNION HIGH
SCHOOL DISTRICT AND THE CITY OF CYPRESS/CYPRESS RECREATION AND PARK FOR THE USE OF
THE OXFORD SCHOOL FACILITY FOR A TEN (10) YEAR PERIOD: The City Manager advised that at
the request of the Anaheim Union High School District this morning, it is staff's
recommendation that the City Council continue this item to the July 27, 1998 City Council
meeting.
Councilmember Carroll stated t:hat: the Cypress City Council is trying to cooperate wit:h the
AUHSD Board of Trustees for the benefit of the community. The school and the City have
a responsibility to the Community and they can work together on this. It is very common
when there are going to be leasehold improvements, the lessee obtains a lease for period
long enough to amortize those assets. He expressed his disappointment in the length of
time that is being taken by the AUHSD to conclude the lease agreement.
Mayor Pro Tern Keenan suggested that a dollar amount be placed on the staff time that is
required to schedule and maintain the playing fields, which the School District would
have to incur. The City Manager advised that the maintenance of the fields costs
approximately $40,000 per year.
It was moved by Councilmember Pieroy and seconded by Councilmember Carroll to
continue this item to July 27, 1998. The motion unanimously carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Bowman, Carroll, Keenan and Piercy
None
Jones
~I~LEOTION OF OVER-THE-STREET POLE BANNER SYSTEM, AS RECOMMENDED BY THE CULTURAL
ARTS COMMISSION: At the request o~ the City Manager, the Recreation and Park District:
Director presented the staff report in which the Cultural ArtS commission sought: City
Council approval for the development of an over-the-street pole banner system to create
a more visible form of marketing Art:s-related and other special City events. Recreation
Services Manager Patty Bailey provided additional information on the proposed banner
program.which is a part of the City Council grant of $30,000 for art funding. In this
proposed program, a key aspect has been the utilization of surplus traffic signal poles
currently stored at the City Yard.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy that
the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and
10
CITY COUNCIL MINUTES July 13, 1998
Park District approve this project and authorize staff to solicit bids. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. None were presented.
ORAL COMMUNICATIONS: For Matters NOt on the Agenda. No one spoke.
WRITTEN C.OMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Pro Tern Keenan adjourned the meeting at 11:55 a.m. to
Wednesday, July 15, 1998 at 7:30 p.m. in the Board Room, located in the West Wing of City
Hall.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
11