Minutes 98-05-26CITY COUNCIL MINUTES
CITY OF CYPRESS
May 26, 1998
Page
COMMENDATION--AdOpt Reso.commend. C. Johnson, Pres./Cypress College
--Adopt ReSO. commend. Gloria Rodriguez, 1998 Cross. Guard
--Adopt Reso. Commend. 1998 Woman and Man of the Year,
Small and Large Businesses pres. by Chamber/Comm.
CULTURAL ARTS COMMISSION--Accept letter of resign. from Ed Kennedy
CYPRESS CORP. CTR. LANDSCAPE MAINT. DISTR. NO. 1--AdOpt Resolutions appr. City
Engr. Rept and decl. Int. for renewal of said Distr.
CYPRESS HIGH SCHOOL--AUth.donation tO Grad Nite, appro. funds for other area schools
FINANCE DEPT--R/F April 1998 Invest. Report
--Adopt Reso. establ. City's approp. limit for 98/99 F.Y.
--Adopt Reso. establ. CR&PD approp. limit for 98/99 F.Y.
FINANCE DEPT, COMM WARRANT LIST--Apprv Warrants No. 31745 - 32169
LINCOLN AVE. STREETSCAPE & SPECIFIC PLAN--Workshop held
LINCOLN AVE. BRIDGE--Appr. P/S, auth. advert.for bids- Proj. #9620
POLICE DEPT.-Donation to D.A.R.E. Program from the American Leg. Post//295
PRESENTATIONS-Accept Tree City U.S.A. plaque
PROCLAMATIONS--PrOCl. 6/19/98 as "Developmental Disabilities Day"
SCHOOLS(OXF. JHS SITE)--SUbmit w/City's lease agreem. a Itr. from the
Mayor to AUHSD Re. 10 year lease,def. Of prop./hours of operation.
SKATEPARK--Cont. to 7/13 mtg. adoption of plan for skatepark within Veterans Park
STR.IMPROV.(V.V./Kat.)--Appr. P/S, auth. staff to solicit bids, Proj. 9601
SOLICITATIONS--AdOpt Ord. Re. Regul. Of solicitors of and for employ.from a
public or private right of way
TRAFFIC SIGNAL(Walker/Myra)--Appr. P/S, awd. Contr. To Macadee Electr. Constr.,Proj.#9809
(Moody Str.)--Appr. P/S, auth. advert.for bids, Proj. #9318
ZONING--AdOpt ReSO. Appr. DRC #98-12, Office Bldg.Devel.,10801 Walker St.
--Adopt ReSO. amend. Reso. 4068 Re. Non-Conform. Use Hear. Body
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 26, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:32 p.m., Tuesday,
May 26, 1998 in the Mayor and City Council's Office, 5275 Orange Avenue, Cypress, Mayor
Pro Tern Tim Keenan presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan and Piercy
Mayor Jones
AlSO present were the City Manager, City Attorney and staff members Angus, Christoffels,
DeCarlo, Kelly, Mariscal, Storey and Wylie.
WORKSHOP SESSION:
Lincoln Avenue Streetscape and Specific Plan
Christine Kelly, Community Development Director, reviewed the proposed changes to the
Lincoln Avenue Streetscape zoning. Following discussion, it was the consensus of the
Council to move forward with the streetscape and with the specific plan land use
categories, with the changes that were noted. In particular, the addition of the
residential/mixed-use. Another workshop to be scheduled to discuss the uses allowed in
each zone.
Mayor Jones arrived at 6:04 p.m.
RECESS: Mayor Jones recessed the meeting at 6:37 p.m. The meeting reconvened in the
City Council Chambers and immediately went into Closed Session to consider Liability
Claims (Government Code Section 54956.95) Claimant: Hossein Karim, and Claimant: KoKo
Tha. The item of Conference with Labor Negotiator (Government Code Section 54957.6)
Agency negotiator: Richard Storey, Cypress Police Officers' Association was not held
7:00 P.M. SESSION
The meeting reconvened at 7:05 p.m., in the Council Chambers, Mayor Pro Tern Tim
Keenan presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan and Piercy
Mayor Jones
AlSo present were the City Manager, City Attorney and staff members Angus, Christoffels,
DeCarlo, Kelly, Liu, Krauss, Storey and Wylie.
PLEDGE OF ALLEGIANCE: The Pledge was led by Brownie Troop 282 - Troop Leader Kristy
Loch.
INVOCATION: The invocation was conducted by Bishop Bob Workman, The Church of
Jesus Christ of Latter-Day Saints, 3rd Ward.
PRESENTATONS:
Urban Forester Linda Romero, U.S. Dept. of Forestry and Fire Protection, presented a
plaque, on behalf of the Arbor Day Association and the California Department of Forest
and Fire Protection, to the City of Cypress in recognition as a Tree City USA.
The American Legion Post 295 presented a $1,000.00 check to the Police Department as a
contribution to the D.A.R.E. Program.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager, Mark Ochenduszko, summarized discussions held during the Workshop
Session on the Lincoln Avenue Streetscape and Specific Plan. Three elements were
discussed with the Council regarding: 1) the plan and investment in the Streetscape, 2)
the Economic Development for Lincoln Avenue and 3) the Specific Plan, particularly the
zoning associated with the Specific Plan. No decisions were made in the workshop; but
Council gave staff direction to continue to move forward with developing the Specific
Plan with the zoning identified and bring back, to Council, additional information related
to specific uses allowed within the Specific Plan. Staff was directed to proceed with the
CITY COUNCIL MINUTES May 26, 1998
next Phase of the Keyser Marston Study to identify incentives for drawing particular uses
to Lincoln Avenue.
City Attorney William Wynder indicated that there were two claims presented to the City
Council; on recommendation of staff, both were unanimously rejected, with the Mayor
being absent.
ORAL COMMUNICATIONS: Limited To One-Half HOUr
Isaac Houseman, Navarro Lane, opposed the proposed Skatepark, expressing a concern
for the devaluation of property in the area. He felt that the Skatepark should be located
in a commercial area. He wanted a clearer picture as to studies being done with regard
to loss of value.
Helen Queen, Navarro Lane, opposed the proposed Skatepark, indicating that the park
was not large enough. The park is very crowded on weekends. She felt it would
jeopardize the safety of small children using the park. Suggested putting in another
basketball court instead. She indicated that she was in favor of having a Skatepark, in a
safe environment for skateboarders; and suggested locating the Skatepark at Willow Park
at the corner of Orange and Denni.
Teri Shaboister, Veterans Park Area, opposed the Skatepark, stating that parking is already
a problem at Veterans Park; and it would be increased with this type of activity. She, also,
was concerned about kids hanging around the park after dark when the park is supposed
to be closed. She indicated that originally a gym was proposed at this site.
Paul Argstoy, said that last month, at the Anaheim School District meeting, they made a
recommendation that they would review a flooding condition at the Oxford School site
and they would get back to the Council. He thought that was supposed to be on tonight's
Agenda. He asked if that already had been done? The City Manager, stated that the Public
Works Director has had conversations with the facilities manager of Anaheim School
District. The Public Works Director indicated that they had not been in contact with the
city. He has nothing to report tonight. Mr. Ochenduszko stated that staff would make
contact with the School District tomorrow and find-out the status of this issue, and
report back to the Council.
Tom Davis, also, attended the Anaheim School District meeting and indicated that they
should talk to the people who have brought up the questions. They are not doing what
they said they would do at that board meeting. We need to follow-up. Councilmember
Keenan stated that the direction at that workshop meeting was pretty clear and he feels
that we should follow-up, aggressively.
Lynn Unsflat, Sorrento Area, is opposed to the Skatepark, because it would generate
more traffic. The proposed area is right where a lot of people play football, soccer and
fly kites. She conceded that if the Skatepark was imminent, they should place it closer to
the corner of Denni and Ball.
AWARD OF CONTRACTS:
APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF CONTRACT FOR THE INSTALLATION
OF A TRAFFIC SIGNAL AT THE INTERSECTION OF WALKER STREET AND MYRA AVENUE, PUBLIC
WORKS PROJECT NO. 9809: The City Manager requested the Public Works Director to
present the staff report, which stated that staff is seeking Council approval of 1) the plans
and specifications for the construction of a traffic signal at the intersection of Walker
Street and Myra Avenue, and 2) awarding the contract for the Public Works Project No.
9809, to the lowest bidder, Macadee Electrical Construction, 14771 Cherry Circle, Chino
Hills, California 91709, in the amount of $45,945.90.
After some discussion, with respect to the frequency and synchronization of the lights in
the area, it was moved by Councilmember Bowman and seconded by Councilmember
Plercy to 1) approve the plans and specifications for the construction of a traffic signal at
the intersection of Walker Street and Myra Avenue, 2) Determine the lowest reasonable
bidder for Public Works Project No. 9809 to be Macadee Electrical Construction and 3)
award a contract for installation of a Traffic Signal at the Intersection of Walker Street
and Myra Avenue to Macadee Electrical Construction, 14771 Cherry Circle, Chino Hills,
California 91709, in the amount of $45,945.90 (award amount of $41,769.00 plus 10%
contingency). The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
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CITY COUNCIL MINUTES May 26, 1998
Mayor Pro Tem Keenan introduced the newly appointed, Deputy City Clerk, Sharyn
Redwine. He, also, announced that the Cypress Library is working on a city history file
and are looking for old photographs, newspaper articles and paper history of the dairy
farms, the tank farm, the race track, our civic center, our schools, etc. They will make
copies of your memorabilia and return the original.
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.
Councilmember Bowman asked that Item NO. 15, request for support of Cypress High
School Grad Nite be pulled from the consent calendar.
Mayor Pro Tern Keenan requested a correction be made to the minutes of May 11, 1998,
page two, paragraph four to read "two citizens" instead of "two business owners".
It was moved by Mayor Pro Tern Keenan and seconded by Councilmember Bowman to
approve the Consent Calendar Items NO. 3 through 17, with the exception of Item NO. 15
and approving Item No. 2 reflecting the correction to the May 11, 1998 minutes.
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 Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only to Waive Further Reading.
Item No. 4: Adoption of Resolution Commending Dr. Christine Johnson, Outgoing
President of Cypress College.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Dr. Christine Johnson.
RESOLUTION NO. 4947
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING
DR. CHRISTINE JOHNSON FOR HER OUTSTANDING SERVICE TO THE
COMMUNITY AS PRESIDENT OF CYPRESS COLLEGE.
Item NO. 5: Proclaiming June 19, 1998, as "Developmental Disabilities Day".
Recommendation: That the Mayor and City Council officially proclaim June 1, 1998, as
"Developmental Disabilities Day" in the City of Cypress.
Item No. 6: Acceptance of Letter of Resignation from Cultural Arts Commissioner Ed
Kennedy.
Recommendation: That the City Council regretfully accept the letter of resignation from
Cultural Arts Commissioner Ed Kennedy.
Item No. 7; Adoption of Resolution of Commendation for Gloria Rodriguez, 1998 Crossing
Guard of the Year.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Ms. Gloria Rodriguez on being selected as the "1998 Crossing Guard
of the Year" by All City Management.
RESOLUTION NO. 4948
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING
GLORIA RODRIGUEZ FOR HER OUTSTANDING SERVICE AS A CROSSING GUARD.
Item NO. 8: Review of Monthly Investment Program for the Month of April, 1998.
Recommendation: Receive and file.
Item No. 9: Approval of a Resolution establishing the City's 1998-99 Appropriation Limit.
CITY COUNCIL MINUTES May 26, 1998
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, establishing the City's appropriation limit.
RESOLUTION NO. 4949
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING
THE CITY'S APPROPRIATIONS LIMIT FOR THE 1998-99 FISCAL YEAR.
Item No. 10: Approval of Design Review Committee Permit No. 98-12, Minor
Modifications to Landscape Guidelines for the Previously Approved Office Building
Development, Located at 10801 Walker Street. (Planning Issue).
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit NO. 98-12, subject to the conditions
in Exhibit "A" of the Resolution.
RESOLUTION NO. 4950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
DESIGN REVIEW COMMITTEE NO. 98-12, WITH CONDITIONS.
Item No. 11: Approval of the City Fngineer's Report and Renewal of Cypress Corporate
Center Landscape Maintenance District NO. I 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 June
22, 1998, declaring the City Council's intention to order the renewal of Cypress Corporate
Center Landscape Maintenance District No. I for the mainten-ance of the landscaping and
irrigation system on the berm on the north side of the Stanton Channel.
RESOLUTION NO. 4951
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
THE CITY ENGINEER'S REPORT, DATED MAY 26, 1998, IN CONNECTION WITH
THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE
DISTRICT NO. 1.
RESOLUTION NO. 4952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1998-
99, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND
FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
Item No. 12: Approval of Plans and Specifications and Authorization to Solicit Bids for
the Moody Street Traffic Signal Interconnect, Public Works Project No. 9318.
Recommendation: That the City Council approve the Plans and Specifications and
authorize staff to advertise the project for bid for the Moody Street Traffic Signal
Interconnect Project, Public Works Project No. 9318.
Item No. 13: Approval of Plans and Specifications and Authorization to Solicit Bids for
the intersection Improvements at Valley View Street and Katella Avenue, Public Works
Project No. 9601.
Recommendation: That the City Council approve the Plans and Specifications for the
Intersection Improvements at Valley View Street and Katella Avenue, and authorize staff
to solicit bids for the project.
Item NO. 1~,: Approval of Plans and Specifications and Authorization to Solicit Bids for
the Seismic Retrofit of Lincoln Avenue Bridge at Coyote Creek Channel, Public Works
Project No. 9620.
Recommendation: That the City Council approve the Plans and Specifications and
authorize staff to advertise for the Seismic Retrofit of Lincoln Avenue Bridge at Coyote
Creek Channel, Public Works Project No. 9620.
Item NO. 15: Adoption of Resolutions Commending the 1998 Woman of the Year, the
1998 Man of the Year, the 1998 Small Business of the Year, and the 1998 Large Business of
the Year, awarded by the Cypress Chamber of Commerce.
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CITY COUNCIL MINUTES May 26, 1998
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follows, commending the 1998 Woman of the Year, the 1998 Man of the Year, the 1998
Small Business of the Year, and the 1998 Large Business of the Year, as awarded by the
Cypress Chamber of Commerce.
RESOLUTION NO. 4953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING
MRS. ELLEN CROOKS, 1998 WOMAN OF THE YEAR, AWARDED BY THE
CYPRESS CHAMBER OF COMMERCE.
RESOLUTION NO. 4954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING
MR. GEORGE HALLAK, 1998 MAN OF THE YEAR, AWARDED BY THE CYPRESS
CHAMBER OF COMMERCE.
RESOLUTION NO. 4955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING APPLE ONE EMPLOYMENT SERVICE, 1998 SMALL BUSINESS OF
THE YEAR, AWARDED BY THE CYPRESS CHAMBER OF COMMERCE.
RESOLUTION NO. 4956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING
YAMAHA MOTOR CORPORATION, USA, 1998 LARGE BUSINESS OF THE YEAR,
AWARDED BY TIlE CYPRESS CHAMBER OF COMMERCE.
Recreation & Park District Matters:
Item No. 17: Adoption of Resolution establishing the Cypress Recreation and Park
District's 1998-99 Appropriation Limit.
Recommendation: That the City Council, acting as the Ex Officio Board of Directors of the
Cypress Recreation and Park District, adopt the Resolution by title only, title as follows,
establishing the District's Appropriation Limit.
RESOLUTION NO. 193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING
THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR
THE 1998-99 FISCAL YEAR.
Retjarding Item No. 15: Request for Support of Cypress High School's Grad Nite.
MS. Cyndi Snyder, Co-Chairperson for the Cypress High School Grad Nite, requested that
the Council support the Cypress High School Grad Nite.
Richard Storey, Finance Director, indicated in answer to Councilmember Piercy's question
that the reason for the difference in the dollar amounts between the two years was that
the money was matched based on a dollar figure per student at Cypress High School in
the event another high school made a request.
After some discussion, it was moved by Councilmember Bowman and seconded by
Councilmember Pierc¥ to authorize a $2,000 donation to Cypress High School's Grad Nite
and an additional $800 for the other high schools serving the residents of Cypress from
the ASSet Seizure Fund and unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
I COUNCILMEMBERS:
BOWMAN, CARROLL, KEENAN AND PIERCY
NONE
JONES
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES May 26, 1998
ORDINANCES: (Second Reading)
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
order the following Ordinance read by title only, title as follows and to adopt the
Ordinance establishing Article VIII of Chapter 24 of the Cypress Municipal Code to be
Entitled, "Regulation of Solicitations of and for Employment From a Public or Private
Right-of-way".
ORDINANCE NO. 977
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ESTABLISHING ARTICLE VII OF CHAPTER 24 OF THE CYPRESS
MUNICIPAL CODE TO BE ENTITLED" REGULATION OF SOLICITATIONS OF
AND FOR EMPLOYMENT FROM A PUBLIC OR PRIVATE RIGHT-OF-WAY"
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
I COUNCILMEMBERS:
BOWMAN, CAROLL, KEENAN AND PIERCY
NONE
JONES
NEW BUSINESS:
DISCUSSION REGARDING POSSIBLE MODIFICATIONS TO THE CYPRESS NON CONFORMING USE
HEARING BODY. (PLANNING ISSUE) The City Manager requested the Community
Development Director, to summarize the report which stated that on January 12, 1998,
the City Council approved Ordinance NO. 972 establishing operational standards and
providing long-term stay provisions for hotels/motels located within the City of Cypress.
AS a result, existing hotels and motels that do not meet the new performance standards
are now considered non-conforming uses. In May of 1992, the City Council established
the Non-conforming Use Hearing Body. The Body currently contains a total of three (3)
members of the public, two (2) of which have served since February of 1993, and the
third member served since July of 1994. Staff is bringing this item to the City Council for
the purpose of reviewing the composition and term limits for the citizen members of the
City's Non-conforming Hearing Body.
It was the consensus of the Council that the Non-conforming Use Hearing Body had
effectively served one full term of a two-term limit, and to contact each of the current
citizen body members to determine their interest in serving another term.
COUNCILMEMBER JONES ARRIVED AT 7:55 P.M.
RESOLUTION NO. 4957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
RESOLUTION NO. 4068 ESTABLISHING CRITERIA FOR THE APPOINTMENT OF
THE NON-CONFORMING USE HEARING BODY FOR PURPOSES OF DETERMINING
NON-CONFORMING USES, STRUCTURES, SCREENING, PERFORMANCE STAND-
ARDS, AND SIGNS PURSUANT TO SECTION 16 ET SEQ. OF APPENDIX I,
"ZONING", OF THE CODE OF THE CITY OF CYPRESS,
It was moved by Councilmember Carroll and seconded by Mayor Jones to adopt
Resolution No. 4957 1) changing Section l(b) from Planning Director to Community
Development Director/Designee; and 2) direct staff to contact each of the current citizen
body members to determine their interest in serving additional time and report back to
City Council for reappointment.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
BOWMAN, CARROLL, KEENAN, PIERCY AND JONES
NONE
NONE
RECESS: Mayor Pro Tern Keenan recessed the meeting at 7:58 p.m. to enable the City
Council to re-arrange the seating to accommodate the Mayor who had just arrived. The
meeting reconvened at 8:05 p.m. with all Councilmembers present and Mayor Jones
presiding.
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 31945 - 32169: It was
moved by Councilmember Keenan and seconded by Councilmember Carroll to approve
CITY COUNCIL MINUTES May 26, 1998
the Warrants List for Warrants No. 31945 - 32169 in the amount of $1,398,713.45. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: BOWMAN, CARROLL, KEENAN, PIERCY AND JONES
0 COUNCILMEMBERS: NONE
0 COUNCILMEMBERS: NONE
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio
Governing Board of Directors.
The City Manager, mentioned that Item NO. 21 and Item No. 22 refer to the same issue
and requested that they be considered concurrently which the Council agreed.
CONTINUATION OF ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE VETERANS
PARK SKATEPARK PROJECT LOCATED AT 4555 BALL ROAD. (PLANNING ISSUE)
ADOPTION OF PLAN TO CONSTRUCT A SKATEPARK WITHIN VETERANS PARK.
The Community Development Director, stated that the report only addresses the
environmental analysis associated with the proposed project, not the project approval
itself. A mitigated negative declaration has been prepared in accordance with the
California Environmental Quality ACt (CEQA), in order to address the potential
environmental impacts of the proposed Veterans Park Skatepark project, located at 4555
Ball ROad within the existing Veterans Park. The proposed skatepark project will consist
of the construction of a concrete skatepark, with an area of up to 7,500 square feet,
including various streetscape features for skateboarders and in-line skaters to skate, jump
and slide on. Staff recommends that the City Council adopt the attached Mitigated
Negative Declaration, and approve the attached Mitigation Monitoring Program for the
Veterans Park Skatepark project.
The Recreation and Parks Director, stated that there is an allocation of $75,000 in the
1997/98 budget for a skatepark. In September, 1997 the Recreation Community Services
Commission formed a Citizens Committee to explore the various issues associated with a
skatepark. A public hearing was held on January 20, 1998, at which time approximately
seventy people attended. At the meeting, the commission voted to recommend to the
City Council a proposed skateboard park to be placed at Veterans Park. Staff
subsequently mailed letters to 320 home owners. Six calls were received in favor of the
park; six calls against the project. Six letters were received with four against the project
along with a twelve signature petition; and two letters in favor of the project included a
140 signature petition.
June Liu, Recreation Services Manager advised that in October, 1997, the Commission
suggested that a citizens committee be formulated. Ninety people attended the first
meeting. A total of three meetings were held over a course of two months. A nucleus of
twenty members continued on, who reviewed possible locations for a skatepark. The
Committee felt that the type of facility for the skatepark should consist of a concrete
bowl shape not to exceed 40" in height. The recommendation is for an open,
unsupervised, facility. It would be moclelecl after Murdy Park, in Huntington Beach. The
studies indicated that liability claims are minimal. The safety rules and regulations,
including the required safety gear to be worn, will be posted. Noise levels would be
limited to a use period of 7:00 a.m. to dusk, also, with signage. The noise level doesn't
exceed what is the typical day time exterior noise standard for this particular facility.
Because of the size of the park, it is not expected that this particular facility would be
attracting large numbers of people from all over. It is expected to be more of a
neighborhood or community facility. No special events would be allowed. The
Committee made a detailed list of some of the standards that they would set. They were
concerned about the noise factor, a centralized location, highly visible, accessible to
restrooms, water fountains, phones and public transportation. The Committee came up
with numerous locations. Many of the public parks facilities were excluded based on
their size and the location. The suggested location was approximately 134 feet to the
south of the nearest homeowner, which is across Ball Road, and separated by a masonry
block wall. Based on the recommendations of the Skatepark committee, it is
recommended that the City Council approve the Concrete Streetskate style facility not to
exceed 7,500 sq. ft. at the Veteran's Park location.
After some Council discussion regarding the possibility of moving the location closer to
Denni and Ball, the possible detriment to real estate values, the possibility of setting a
specific closing hour other than dusk, the future of the proposed multi-use facility, and a
request for a soil test, Mayor Jones invited the public to come up and present their
comments.
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CITY COUNCIL MINUTES May 26, 1998
Heidi Butcher, Sorrento, said that unlike across the street from Ball Road where the
condos are, there is no retaining wall on her side of the street. She is the parent of small
children and was concerned about their safety, there being no enforcement during the
park hours. There is a lot of light emitting from Ball Road and this would encourage
lingering beyond the curfew hour. The playground is in too close of a proximity of the
proposed skatepark, presenting a hazard for small children playing there. Huntington
Beach is a larger park. She was concerned about liability insurance. She indicated that
between fifty to fifty-four home owners signed a petition against the skatepark. She
feels that this should be an item for the ballot and have the citizens of Cypress vote on it.
Linda Bookout, Novara Lane, said that she is already noticing an increase of kids on the
streets with skates. She is concerned about property damage from kids cutting across
lawns.
Joanne Bates, Tanglewood - said that she brought with her a letter from two other
residents in favor of the park. She indicated that our children need a place to skate. This
is long over due. It is illegal to skate in parking lots and in front of businesses. We need a
place for these kids to go. She feels that it is a healthy activity.
Darren McVoy, Tanglewood - stated that he got 148 signatures of people who support the
skatepark. He, also, submitted a letter from his mother, who is in favor of the skatepark.
He has been to Murdy Park several times and has not seen any fights at the park in
Huntington Beach. They watch out for the younger children. Presently, Downey Savings
is the only place that we can skate after hours. He conveyed that they go to skate, have a
good time, and to make friends.
Cecil MCOut, Sorrento, said that it is not the skates that make the noise; its the voices. We
can already see the impact, as far as traffic. By moving the skatepark around, all you are
doing is forcing the people here to park closer to the homes. He is against it.
Ryan Creager, Sorrento, said that he has given up skateboarding. He was hurt
skateboarding on one of the city streets. He feels this probably would not of happened if
there had been a skatepark available at the time. He added that the park is not just for
the home owners in the area but for the whole City of Cypress. He said that they moved
next to a park because that is where kids go to play. With the skatepark, they will have a
place to go. He has been to Murdy park around thirty times and never got hurt. He is a
boy scout. He said that they just want places to go to hang out with our friends.
Jason Sandi, Saratoga, said that it seems that parking is one of the complaints. It would
be used mostly by the local Cypress skaters, skating from their homes. He indicated that
most of the children who would be using the skatepark, would not be old enough to
drive. Consequently, this would not add to the parking problem. Most of them would
skate from their homes to the park. The park, itself, would need a lot of light and the
light from the street lights would not illuminate enough for use at the skatepark. He
added, that the skatepark would be a very self-contained area and would not pose a
problem for children at the playground. He doesn't see any problem.
Susan Creager, Sorrento said that when you buy a home near a park, you need to deal
with the traffic that goes with a park. She said that the parks are for the whole city.
Teenagers need positive places to go. MOSt of the people who use the skatepark at
Murdy have their parents drop them off. The kids are excited about a skateboard park.
She sees the damages at Lexington and Cypress High, from skate boarders. They are
doing damage to the cement work at the colleges; because there is no place for them to
ride.
Isaac Houseman, said that he grew up playing ice hockey; but he wants to know the
impact on re~l estate v~lue~. He would like to he~r representation From §orrento, itself.
The concept of this park, as he knew it when he moved there, was that it was a low
impact park. He doesn't want to live in downtown Long Beach. Accidents do happen. A
lot of these issues have not been brought up tonight. Issues, such as parking. He asked
the Council if this is the right park for it? He is worried about the safety of these kids.
Ball and Denni are major streets.
Mayor Jones asked Councilmember Bowman to give his opinion, as a real estate agent.
Councilmember Bowman said that he doesn't think that parks, in general, would detract
from the value of surrounding residential. He doubts that it would have an effect on
housing values.
Dale Retro 10651 Chestnut, said that he is very much in favor of a skateboard park. The
only place they can find, that was safe, was the park in Huntington Beach. It thinks it is a
very good thing.
8
CITY COUNCIL MINUTES May 26, 1998
Robert Bates thanked the Council for considering the skatepark. He has been skating for
about I 1/2. Years. Every time he has been to Murdy, he has never seen a fight there. He
thinks it is a good idea; and it is long over due.
Johnathan Landlow, Sorrento supports the suggestion that you change the location to
the end of the park. His neighbors' boy practices soccer in that area. He requested the
Council consider moving it to the western side. Perhaps without more stringent
regulations the character of the park may change.
Ron Woo, moved from Lakewood to Cypress two years ago. He lives close to Veterans
Park. He felt this park was to be a peaceful park. The Park is not peaceful and quiet any
more. He is concerned about the busy road, liability and gang fights. This park has been
overbuilt. He is concerned about the safety for the children. Some will skateboard across
the road to get into the park. He also mentioned gang fights. They City will be held liable
for these injuries.
Mayor Jones asked the Acting Chief of Police to go over the issues of crime in the City and
the activities of gang members and what you find relative to our parks within the city
and how you monitor criminal activity within the city. Acting Police Chief, Robert Krauss
indicated that they always respond by calls for service. They would, also respond by
observation, and at the first indication of a problem, by the police driving through the
area. In relationship to parks, we will have periodic problems; but once we go in and
work with the neighbors, the problem is curtailed. With regard to skateboarders, we
work with the kids. They are just looking for a place to skateboard. Our gangs do not
hang out at any particular location within the city and certainly not in the parks.
It was moved by Councilmember Keenan that this item be continued to the first council
meeting in July and seconded by Mayor Jones so that staff would have the opportunity
to 1) review the issues that have been raised, 2) make a list of the various parks that have
this type of a facility and make that list available so people could go and visit them, 3)
study the lighting on the west side of the park; and 4) take soil sample of both of the
areas.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: BOWMAN, CARROLL, KEENAN, PIERCY AND JONES
0 COUNCILMEMBERS: NONE
0 COUNCILMEMBERS: NONE
APPROVAL OF A JOINT USE AGREEMENT BETWEEN THE ANAHEIM UNION HIGH SCHOOL DISTRICT
AND THE CITY OF CYPRESS/CYPRESS RECREATION AND PARK DISTRICT FOR THE USE OF OXFORD
SCHOOL FACILITY FOR A TEN (10) YEAR PERIOD.
The City Manager indicated that the Recreation and Parks Director would present this
report.
The Recreation and Parks Director, stated that the Council is considering a joint use
agreement for approval of a proposed ten year lease with the Anaheim Union High
School District. The Anaheim Union High School District Board of Trustees will be
considering approval of the formal ten year joint use agreement at its meeting of May 28,
1998. The agreement permits the City of Cypress to utilize the Oxford Junior High School
Open Space, Building "E" and Room 52 (Wood Shop) without charge during off school
hours. In lieu of rent, the City shall be responsible for community use and the upkeep
and maintenance of the open space, Building "E" and Room 52. The COSt of maintenance
of the Oxford School in the proposed 1998/99 Fiscal Year Budget is $41,950. The Cypress
Recreation and Park District will also be making approximately $87,000 in Capital
Improvements to the school over the next four years to include new air
conditioning/heating system, and carpeting and floor coverings in Building "E", and
resurfacing of tennis courts and upgrade of the irrigation system in the open space.
Either P~rty m~v terminate the agreement upon giving the other party at least 12
months prior written notice. The District iS amenable to conditions whereby the school
district would amortize the contribution of the city of the approximately $87,000 and
improvements over a five or ten year period. If the school district were to terminate the
agreement, the facility use agreement calls for a ten year agreement, with notice of
termination of a one year notice. If this were amortized over a five or ten year period,
and the school district terminated prior to the end of that ten year agreement, the
school district would pay the city whatever funding Is left.
In response to Mayor Jones, Mr. DeCarlo clarified the portion of the property as described
in Exhibit "A" that the City would be responsible for. Councilmember Bowman said that
Exhibit "A" should depict the whole area. Responding to Mayor Jones, Mr. DeCarlo said
that the former agreement ended on June 30, 1997. Mayor Jones said that we are just
9
CITY COUNCIL MINUTES May 26, 1998
now getting the use and we are ready to make that commitment and now you are talking
about a ten year amortization. She doesn't think that we want a nine year lease.
Councilmember Bowman said that it is actually only a one year lease. Councilmember
Carroll said that it doesn't express the intent of the Council. They say that we can use it
during non school hours. Who is going to define those hours and how often? He doesn't
know why we would go retroactive with this? He'd like to see the non-school hours
defined. On page twelve, item no. 11, we have this voluntary termination, which means
that we don't have a ten year lease at all. We only have a one year lease. Is there an
agreement that they would pay us the amortized balance if they had an early
termination? City Attorney said that we would have to add that to the lease.
Councilmember Carroll indicated that if we can't get a real ten year lease, we should at
least have a paragraph in there amortizing our $87,000 of hardware. Other language in
here says that they are responsible for the air conditioning. If they are responsible for it,
then that needs to be stated. It doesn't look like this is what we agreed to.
Mayor Jones stated that they agreed to a ten year lease. Marvin DeCarlo said that the
current most common joint use agreements with the Anaheim School District and the
Cypress School District call for much of the same conditions, the utilization of the school
facilities and the open space at no cost.
Mayor Jones indicated that maybe we should have two separate agreements. A joint use
agreement for the fields where they can change that on a year to year basis and a ten
year lease on these particular buildings. They agreed, at that meeting, to a ten year lease
for these buildings. The land can be a joint use agreement. City Attorney said that there
would be a ten year lease absent termination-for-cause. They would have to waive the
right of voluntary termination.
Councilmember Bowman said he was under the impression that we would get a ten year
lease. Is this the will of he school board or the will of our staff? The school board made
the policy that we were going to have a ten year lease on the facilities which included the
fields. They should take care of that grading and it should be spelled out somewhere.
Councilmember Keenan suggested that two leases be made. We are talking about a
future upgraded irrigation system. While we are installing the air conditioning, are we
responsible for maintenance and upkeep of the air conditioning system? The City
Attorney indicated that, typically, an improvement to real property, becomes the
property of the lessors at the end of the lease. The lessor would maintain it. He would
like to send them our standard form agreement catered to what we understand the
Board's commitments were.
Councilmember Carroll said that the Mayor should send a diplomatic letter to the
supervisors and superintendent with our draft copy indicating that we would like
inserted in this document what we thought was agreed upon.
It was moved by Councilmember Carroll and seconded by Councilmember Bowman that
we respond wiLh our own lease agreement and send it with a letter from the Mayor to
the President and Board of Trustees and the Superintendent proposing a ten year lease
and a clearer definition of which properties are involved and the hours of operation.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the
Cypress Redevelopment Agency.
No items were discussed.
ORAL COMMUNIATIONS: FOr Matters Not on the Agenda
Mary Crowder thanked the City Manager for repairing the sidewalks at Peppertree. They
did a very nice job. She wanted to request some more picnic tables for park. We only
have two. One had to be replaced because it was termite eaten and fell apart.
Councilmember Carroll said that the Woman's Club paid for park tables at Oak Knoll.
Mayor Jones asked if the Peppertree Park was considered for the proposed site for the
skatepark? Marvin DeCarlo said that they were looking for a more central area. This park
is in a remote area and a smaller park.
Allen Crowder had an exception to the enforcement of the dusk curfew. Our vehicle
code calls for headlights to be on one half hour after sundown and it is enforced there. It
should be enforced in the park, too.
10
CITY COUNCIL MINUTES May 26, 1998
Some discussion followed regarding the possibility of a lack of communication between
the home owners near Veterans Park and the intent of the Council, with regard to the
proposed skatepark. The City Manager indicated that letters were sent out to everyone
who had attended any of the meetings. He noted that it is the responsibility of the
person who is at fault in the event of an accident.
Councilmember Keenan gave the Financial Report of the West Comm JPA. They approved
their Budget for 1998/99 and it was 30% lower than last yeaKs budget. The City's share is
45% of the total budget.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Jones adjourned the meeting at 10:15 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
11