Minutes 98-12-14CITY COUNCIL MINUTES
CITY OF CYPRESS
December 14, 1998
Page
CITY COUNCIL MEMBERS--Presen of Mayor's Plaque & Comm Svc Plaques to outgoing Council
--Presen of Cer of Election and administer oath to new Council
CITY COUNCIL MEMBERS--Appointments of CC Members to various organizations and committees.
CITY COUNCIL MEMBERS--Council elected Mayor Keenan and MPT Piercy.
CIVIC CENTER--Appr Proj. No. 9815 for parking lot modifications.
CUP NO. 98-20--Cont of P.H. to establish a Ryder Truck Rental Facility.
CUP NO. 98-21--Appr of onsite beer and wine to a Pizza Rest at 9111 Valley View Suite 105.
ELECTION (G.M.E. - 1113198)--Adopt Reso declaring the result.
EMPLOYEES-MISC--Adopt amend to the City's Classification Plan re: Hse. Coord.
EQUIP. (AUTO)--Appr purchase of an unmarked police vehicle.
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3
3-4
4-5
9
9-10
1-2
7
5
FINANCE--Accep of Auditor's Management letters.
--Accep of the Audit Report of the City of Cypress's Appropriation limit.
--Accep of the Comprehensive Annual Financial Report for FY ended 6~30~98.
--Appr of Commercial Warrant List for Warrants No. 35003 - 35211.
FINANCE - RECREATION & PARK--Accep of the Audit Report of appropriation limit.
--Accep of the Component Unit Financial Report.
LINCOLN AVENUE - PROJ NO. 9620--Appr of Revised Supple Agree with Calftans for seismic
retrofit of Lincoln Avenue Bridge.
LINCOLN AVE PROJ--Adopt Ord. - Zoning Code Amend No. 98-2
--Adopt Zone Change No. 98-3 & Lincl. Ave. S.P.
LIVE ENTERTAINMENT--Cont of Second Reading of Ordinance re: parking require.
PARKS-ARNOLD/CYPRESS--Accept Roller Hockey Facility, PW Proj No. 9808.
PLANNING--Award of contract for planning services to Hogle-lreland Inc.
PROCLAMATION--Procl December 1998 as "Drunk and Drugged Driving (3D) Prevention Month".
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7
7
7
7
6
8-9
9
7-8
7
5-6
6
TRAFFIC SIGNAL--Acceptance of Proj 9809 installation of a traffic signal at Walker & Myra. 6
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
December 14, 1998
The Regular Meeting of the Cypress City Council was called to order at 7:00 p.m., Monday,
December 14, 1998, in the Council Chambers, with Mayor Jones presiding.
PRESENT: Councilmembers Bowman, Carroll, Keenan, Piercy and Jones
ABSENT: None
AlSO present were the City Manager Ochenduszko, City Attorney Wynder, and staff
members Angus, Vazquez, Storey, DeCarlo, Haina, Hensley, Hawkins and Liu.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The pledge was lead by Cub Scout Pack 660.
INVOCATION: Father Michael Heher of St. Irenaeus Church gave the invocation.
APPROVAL OF CITY COUNCIL MINUTES OF NOVEMBER 23, 1998:
It was moved by Mayor Pro Tern Keenan and seconded by Councilmember Piercy to adopt
the minutes with the modification to agenda item AMENDMENT TO THE CONTRACT FOR
CONSTRUCTION MANAGEMENT AND INSPECTION FOR THE LINCOLN AVENUE STREETSCAPE
PROJECT, PUBLIC WORKS PROJECT NO. 9805, listed on page 3, to include "(Hilcrest
Contracting)" to the third sentence of the first paragraph. The sentence should read:
The construction contract requires that the contractor (Hillcrest Contracting) provide all
necessary construction surveying for the project. The motion was unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Plercy
and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF RESOLUTION DECLARING THE RESULTS OF THE CENTRAL MUNICIPAl
ELECTION HELD ON NOVEMBER 3, 1998: Mayor Jones presented the report to which was
attached a Resolution declaring the results of the General Municipal Election held on
November 3, 1998 along with the Orange County Registrar of Voters' Canvass of the
Election Returns. It was moved by Councilmember Bowman and seconded by
Councilmember Plercy to adopt the Resolution by title only, title as follows, recitlng the
fact of the General Municipal Election held on November 3, 1998, declaring the result and
such matters as provided by law.
RESOLUTION NO. 5043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT
OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998, DECLARING THE RESULT
AND SUCH MATTERS AS PROVIDED BY LAW.
The motion was 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
In accordance with Section 1 of the above Resolution NO. 5043, the followlng is a
statement of the results of said election:
That the whole number of votes cast in the precincts except absent voter
ballots was 11,245.
That the whole number of absent voter ballots cast in the City was 3,072, making
a total of 14,317 votes in the City.
CITY COUNCIL MINUTES December 14, 1998
That the number of persons voted for at the election for Member of the City
Council are as follows.
Del Davis
Louie Glampapa
Lydia Sondhi
Frann Shermet
Todd W. Seymore
Susie Linde
LeO Friedland
Mike McGill
Frank McCoy
Nicholas Eighmy
o
That the Measures voted upon at the election are as follows:
Measure B- Shall the Charter of the City of Cypress be amended YES
tO add a new Article IX, Incorporating into the City Charter certain
provisions of the California Government Code, NO
which provisions authorize the City Council to delegate planning
powers and functions to a planning commission, administrative body,
or hearing officer?
Measure C - Shall Section 419, 800 and 801 of the City Charter
be amended to require that, after January 1, 1998, any
delegation of planning powers or functions shall not take
effect until approved by the voters at an election, and
accompanied by a full fiscal analysis of costs, and providing,
further, that annual appropriations for delegated planning powers
or functions be limited to the amount specified in the cost
analysis, increased annually by the rate of inflation?
YES
NO
The City Council does declare and determine that elected as a member of the City
Council for the full term of four years were:
Frank McCOV 6,702
Mike McGill 5,111
Lydia Sondhi 3,678
That as a result of the election, a majority of the voters voting on Measure B dld
not vote in favor of it, and Measure B was not carried, and shall not be deemed
adopted and ratified;
That as a result of the election, a majority of the voters voting on Measure C did
vote In favor of it, and Measure C was carried, and shall be deemed adopted and
ratified.
That the number of vote given at each precinct and the number of votes given in
the City to each of the persons above named for the respective office for which
the persons were candidates and for and against the Measures were as follows:
DEPARTING COMMENTS BY OUT GOING COUNCILMEMBERS:
Mayor Jones acknowledged the City's staff as being excellent. She also acknowledged the
City Attorney and the City Manager for their outstanding performance. She thanked
Councilmember Carroll for his great declslon making, Councllmember Piercy for her
efforts in the Lincoln Avenue Project, Councilmember Bowman for his real estate
experience and expertise that he contributed to the City, and Mayor Pro Tern Keenan for
his encouragement and outstanding support. She commended City staff, Co-
Councilmembers and Commissioners for their valuable part In accomplishing many
positive goals in the City of Cypress.
Councilmember Tom Carroll acknowledged Mr. and Mrs. Crowder for their continued
attendance at the Council Meetings. He remarked that it has been an honor to serve as
Councilmember for the City of Cypress. He commented that they hired a remarkable City
Manager and engaged with an outstanding City Attorney Law Firm. Councilmember
Carroll recognized the outstanding services of City staff, City volunteers and
Commissioners. He thanked the citizens for their partlclpatlon in expresslng thelr
thoughts and comments at Council Meetings. In closing, he thanked his wife for her
support and thanked the community of Cypress, City staff, Commissioners, Volunteer
groups, and businesses for their exceptional support and contribution to the community.
Councilmember Bowman thanked his wife, son and daughters for their support. He also
thanked friends, his associate, Kathy Youngerman, and previous Councilmembers
Margaret ArnOld, Cecilia Age for their support. He recognized Darrell Essex, previous City
Manager, current City Manager Ochenduszko and City staff for their high quality
performance.
CITY COUNCIL MINUTES December 14, 1998
Councilmember Bowman went over many accomplishments achieved in the City during
his tenure. In closing, he remarked that he was very fortunate of having the opportunity
of serving as a Councilmember and indlcated that the new Council are excellent
candidates and was appreciative of all the support from the community.
PRESENTATION OF CERTIFICATES OF ELECTION AND ADMINISTERING LOYALTY OATH TO NEWLY-
ELECTED COUNCIL MEMBERS FRANK S. MCCOY, MIKE MCGILL, AND LYDIA SONDHI.
The City Clerk administered the Oath of Office and presented the Certificates of Election
to the newly elected Councilmembers Frank S. McCov Jr., Mike McGill and Lydia Sondhl,
who took their places on the dais.
ACCEPTANCE COMMENTS BY NEW COUNCILMEMBERS:
Councilmember McCov thanked the citizens of Cypress for their support. He especially
thanked George and Vinlta Hallak for their guidance during his campaign and his wife for
her excellent support as his campaign manager.
Councilmember MCGill thanked his neighbors for their exceptional support. He gave
special thanks to his wife for her admirable support and understanding. He remarked
that he will serve the community with nothing but the interest of Cypress.
Councilmember Sondhl thanked her family for thelr encouragement, understanding and
support, and for their positive Ideas, during her campaign. She thanked all the
volunteers and all her supporters. She commented that she will serve the community as
she promised during her campaign.
CONSIDERATION OF CITY COUNCIL REORGANIZATION.
Mayor Pro Tern Keenan thanked Mary Ann Jones and TOm Carroll for being fine mentors
and commented how much he enjoyed representing the Mayor at several events and
committees.
Following Mayor Pro Tern Keenan's resignation as Mayor Pro Tern, the City Clerk opened
nominations for the office of Mayor.
Councilmember McCoy nominated Anna Piercy for the office of Mayor. Councilmember
Sondhi nominated Tim Keenan for the office of Mayor.
It was moved by Councilmember Keenan and seconded by Councilmember MCCoy to close
the nominations.
The votes cast for Councilmember Plercv for Mayor were as follows:
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS: MCCOV and Piercy
3 COUNCILMEMBERS: Keenan, MCGill and Sondhi
0 COUNCILMEMBERS: None
Councilmember Keenan was elected Mayor by the following votes:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Keenan, MCGill and Sondhi
2 COUNCILMEMBERS: MCCOV and Piercv
0 COUNCILMEMBERS: None
Mayor Keenan indicated that he is looking forward to the challenges of being Mayor. He
commented that the three new Councilmembers are very qualified and worked very hard
and he is pleased to be serving with them.
Mayor Keenan stated that as the Mayor he intends to continue the tradition of keeplng
the channels of communication open; encourages new people to get involved in the
process; introduced the idea for a regular Information video program produced bV the
entire City Council, to air on the City channel and for those without cable services to be
available at the City Library, to Inform the public on a regular basis about activities and
programs that take place in our City. He also said that he will continue to conduct TOWn
Hall Meetings in different sections of the City. Starting in January, Mayor Keenan will be
holding regular office hours for one hour before the start of each Council Meeting and
will ask the Council to join him on a rotating basis to discuss concerns from the public on
an informal setting and asked staff to agendized it. He said he will also continue The
Mayor's Outreach Program and set a date to hold one for Saturday, January 30, at the
Library from 10:00 a.m., to 12:00 noon. Mayor Keenan stated that in order to keep the
public better informed , starting in January, each Councilmember, at every Council
Meeting, will update the public about issues that arise in the various Committees in which
they serve, outside of Cypress. Mayor Keenan indicated that this will allow the Council
and the Public to provide input.
CITY COUNCIL MINUTES December 14, 1998
The Mayor concluded that his goal has always been to do the best possible job, in order
to keep the public Involved and informed. He remarked that his ultimate goal is to
improve the quality of life in Cypress. He thanked the communiW for their help and
continued support.
The Mayor opened nominations for the position of Mayor Pro Tem and nominated Anna
Piercy.
It was moved by Councilmember Sondhi and seconded by Councilmember MCCoy to close
the nominations. Councilmember Piercy was elected Mayor Pro Tern by a unanimous vote
as follows:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOy, MCGill, Piercy, Sondhi and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Mayor Pro Tern Piercy stated that she looks forward to the new year and the additional
duties of being a Mayor Pro Tern. She commented that Mayor Keenan did an excellent
job as Mayor Pro Tern. She indicated that being a teacher does not allow her the freedom
to attend events during the day but looks forward to the new learning experience and
will do her best. Mayor Pro Tern Piercy thanked everyone for their support.
PRESENTATIONS:
Bishop Douglas DeBUrgh, along with Bishop Robert Whittaker of the Church of Jesus Christ
of Latter-Day Saints Ist Ward, presented a plaque to outgoing Mayor, Mary Ann Jones, for
her years of dedication, fine example and emphasis on the importance of a family.
Bishop Robert Whittaker commented that they presented plaques to outgoing
Councilmembers Bowman and Carroll at a Lighting Ceremony they had at their church,
which the outgoing Mayor was unable to attend.
Mayor Keenan on behalf of the City Council presented The Mayor's Plaque and Community
Service Plaques to the outgoing Council.
RECESS: Mayor Keenan recessed the meeting at 8:30 p.m. The meeting reconvened at
8:50: p.m., with all Councilmembers present.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR
Mayor Keenan introduced his parents Bill and Helen Keenan.
George Hallak congratulated and welcomed the new Councilmembers. He also
commended the City volunteers.
Charles King, resident of Gay Street and representative of the Save Our Neighborhood
(SON) comprised of residents of Denni & Gay Streets due the previously approved housing
development at the corner of Gay & Denni Streets, informed the City Council of thelr
intent to file a lawsuit against the City and presented alternatives the CiW could take in
order to avoid a lawsuit.
The City Manager informed Council that Cypress, In conjunction with other Orange
County cities, applied for a COPS More Grant with the Federal Government in the amount
of $6.6 million, to create a computerized information system. The City Manager indicated
that he received a call from the Assistant City Manager of Brea informing him that the
Grant was approved and that Cypress' part of the $6.6 million will be $350,000.
AWARD OF CONTRACTS:
Award o¢ Contract Cot Civic Center parking Lot Modification, Public Works Project NO.
981S: OOnzo Vazquez, Acting Public Works Director, presented the report, in the absence
of Public Works Director Chrlstoffels, whlch recommended the award of a contract to
expand the existing Civic Center North Parking Lot, along with other improvements to
the lot, including the installation of curbs around the planter areas and the installation of
a concrete walkway. It was recommended that the City Council:
1. Determine the lowest responsible bidder for Public Works Project NO. 9815 to
be Century Paving, Inc., 14630 E. Firestone Blvd., La Mirada, Callfornla 90638.
CITY COUNCIL MINUTES December 14, 1998
Award a contract for Clvlc Center Parking Lot Modification, in the amount of
$35,527.34 (award amount of $32,297.58 plus ten percent contingency), to
Century Paving, Inc.
There being no discussion or questlons by the Council, it was moved by Mayor Pro Tern
Plercy and seconded by Councilmember McCoy to award a contract for the Civlc Center
Parking Lot Modification, Public Works Project NO. 9815, tO Century Paving, Inc., 14630 E.
Firestone Blvd., La Mlrada, CA 90638, in the amount of $35,527.34 ( award amount of
$32,297.58 plus ten percent contingency). The motion was unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: McCOV, McGill, Piercy, Sondhi and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Award of Contract for Purchase of Unmarked Police Vehicle:
The City Manager asked Police Chief Hensley to present the item, which presented a
request to award a contract to purchase a 1999 Pontiac Grand Prix, to replace a 1989
Pontiac Grand Prix with 71,000 miles and in need of an exterior paint Job, interior
upholstery and transmission work. During the 1998/1999 budget process, the City Council
approved the purchase of a replacement vehicle for an unmarked Police unit. It was
recommended that the City Council award a contract for the purchase of a 1999 Pontiac
Grand Prix to Tustin Buick GMC Pontiac, 1 AUtO Center Drive, TUStln, California, in an
amount not to exceed $23,096.90, as they were able to under bid the Cooperative
Purchase by applying a General Motors Governmental DiScount.
Councilmember Sondhi asked why the Department preferred to purchase a Pontiac Grand
Prix. Chief Hensley explained that they typicalIv purchase four door sedans of various
makes and models so there isn't a certain set type of vehicle that is familiar to the
criminal element.
It was moved by Mayor Pro Tern Plercv and seconded by Councilmember McGill to award a
contract for the purchase of a 1999 Pontiac Grand Prix to Tustin Buick GMC Pontiac, 1 Auto
Center Drive, TUStin, California, 92782, in an amount not to exceed $23,096.90. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCoy, McGill, Piercy, Sondhl and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Award of Contract for Planning Services:
ACting Community Development Director Angus presented the item whlch was a request
to temporarily fill the staff vacancy of City Planner. The departure of the Community
Development Director in early October and the temporary appointment of the City
Planner to the ACting Director position left a vacancy at the City Planner level. To
temporarily fill the staff vacancy, the Community Development Department requested
approval of the contract with Hogle-lreland Inc., for the services of David Rogers. David
Rogers has been employed under contract since early November. Since the total contract
amount will exceed the $10,000 staff authorization limit, the Community Development
Department is now seeking City Council approval. It was recommended that the planning
services contract be awarded to Hogle-lreland Inc., in an amount not to exceed $16,200.
Sufficient funding was transferred from staff salaries to contract services to cover this
contract.
Mayor Pro Tem Plercy asked if the estimated amount Is going to be sufficient before
filling the existing vacancy and what would be the schedule for the contracted employee.
MS. Angus responded that the employee will be working 3 days a week, eight hours a day,
and the estimated amount will carry through mid-January.
If the position has not been filled by that time, staff can allocate additional money if it
exceeds the staff allocatlon and would be presented to Council for an addendum. staff
anticipates that the amount will cover the time period necessary.
Councilmember Sondhi commented that the replacement service is very expensive and
asked staff if they believe that the position will be filled in a timely manner. Ms. Angus
indicated that the vacancy will rely on the decislon making to appoint a Community
Development Director as she is Acting Director but held the City Planner's position
previously. She indicated that the amount is high due to the position being a high level
position as City Planner but they did compare with other firms and It was lower than the
others who provided estimates.
5
CITY COUNCIL MINUTES December 14, 1998
Mayor Keenan asked if the City can terminate at any time without notice and if the
contractor chooses to terminate, they would have to give the City a 30 day notice. MS.
Angus and the City Attorney concurred.
It was moved by Mayor Pro Tem Plercy and seconded by Councilmember McGill tO award a
contract to Hogle-lreland Inc., in an amount not to exceed $16,200. Sufficient funding
was transferred from staff salaries to contract services to cover this contract. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOy, MCGill, Piercy, Sondhl and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSENT CALENDAR
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendatlons listed on the Agenda.
Mayor Keenan asked if any Councilmember wished to pull items from the Consent
Calendar for further discussion. No items were pulled.
It was moved by Mayor Pro Tem Piercy and seconded by Councilmember McGill to
approve Consent Calendar items 7 through 17. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOV, MCGill, Piercy, Sondhi and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 8: Acceptance of the Installation of a Traffic Signal at the Intersection of Walker
Street and Myra Avenue, Public Works Project No. 9809.
Recommendation: That the City Council: 1) Accept the project for the Installation of a
Traffic Signal at the Intersection of Walker Street and Myra Avenue, Public Works Project
No. 9809, as belng satisfactorily completed in conformance with the project
speclficatlons; 2) Approve the final retention payment of $4,176.90 to Macadee Electrical
Construction, 14771 Cherry Clrcle, Chino Hills, CA 91709, 35 days after the NOtice of
Completion is filed, if no claims or objections have been filed, and upon the Director of
Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and
Materials Bond and 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: Proclaiming December 1998, as "Drunk and Drugged Driving (3D) Prevention
Month".
Recommendation: That the Mayor and City Council officially proclaim December 1998, as
"Drunk and Drugged Driving (3D) Prevention Month" in the City of Cypress.
Item NO. 10: Approval of Revised Supplemental Agreement with Caltrans for Seismic
Retrofit of Lincoln Avenue Bridge at Coyote Creek Channel, Public Works Project No. 9620.
Recommendation: That the City Council adopt the Resolution by title only, title~ as
follows, authorizing the City Engineer to execute the Supplemental Agreement NO. 014-R1
to Local Agency-State Agreement for Federal-Aid Project No. 12-5330, to secure funding
for the preliminarY engineering, construction engineering and construction of Seismic
Retrofit of Lincoln Avenue Bridge at Coyote Creek Channel.
RESOLUTION NO. 5044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING REVISED
SUPPLEMENT NO. 014-RI TO CITY OF CYPRESS/STATE OF CALIFORNIA AGREEMENT NO. 12-5330.
Item NO. 11: Acceptance of the AUditor's Management Letters.
Recommendation: Receive and file.
CITY COUNCIL MINUTES December 14, 1998
Item No. 12: Acceptance of the Audit Report of the City of Cypress' Approprlatlon Llmit
for the Year Ended June 30, 1998.
Recommendation: Receive and file.
Item No. 13: Acceptance of the Comprehensive Annual Financial Report for the FiSCal Year
Ended June 30, 1998.
Recommendation: Receive and file.
Item No. 14: Approval of Amendment to the Clty's Position Classification Plan
Reclassifylng the Posltlon of Redevelopment Technician to Housing Coordinator 1/11 and
Establishing Compensation.
Recommendation: That the City Council adopt: I) the job speclfication for the regular,
full-time position of Housing Coordinator series; and 2) the Resolutlon by title only, title as
follows, amending the Clty's Position Classification Plan and establishing compensation.
RESOLUTION NO. 5045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO.
3574, BY ADDING THE JOB SPECIFICATION AND ESTABLISHING COMPENSATION FOR THE POSITION
OF HOUSING COORDINATOR 1/11, IN THE ClTY'S POSITION CLASSIFICATION PLAN FOR EMPLOYEES
IN THE SERVICE OF THE CITY OF CYPRESS.
RECREATION & PARK DISTRICT MATTERS:
Item No. 15: Acceptance of the Audit Report of the Cypress Recreation and Park District's
Appropriation Limit for the Year Ended June 30, 1998.
Recommendation: That the City Council, acting as the ex officio Board of Directors of the
Cypress Recreation and Park DiStrict, receive and file said report.
Item No. 16: Acceptance of the Component Unlt Financial Report of the Cypress
Recreation and Park District for the Period Ended June 30, 1998.
Recommendation: That the City Council, acting as the ex officio Board of Directors of the
Cypress Recreation and Park District, receive and file said report.
Item No. 17: Acceptance of Arnold/Cypress Park Roller Hockey FaCility, Public Works
Project No. 9808.
Recomrnendatlon: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District: 1) Accept the project for the
Construction of the Roller Hockey Facility at Arnold/Cypress Park, Public Works Project No.
9808, as being satisfactorily completed in conformance with the speclfications; 2)
Approve Contract change Order NOS. I through 9, in the amount of S20,414.20; 3)
Approve the final retention payment of $25,544.72 to Hondo Company, Inc., 2121 South
LyOn Street, Santa Ana, CA 92705, 35 days after the Notice of Completion is filed, if no
claims or objections have been filed, and 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.
END OF CONSENT CALENDAR
ORDINANCES (Second Reading):
Second Reading of An ordinance of the City Council of the City of cypress, California,
Amending Chapter 9 of the Cypress Municipal Code, Relating to Live Entertainment and
Section I/1.2 of Appendix I of the Cypress Municipal Code,. Relating to Parking
Requirements for Live Entertainment Uses. The City Attorney informed the Council that a
member of the City Council requested to pull the item to allow more time to review the
item. Councilmember Sondhi detected three technical corrections that are warranted to
the Ordinance. The City Attorney identified the corrections to be as follows:
Under Section I Subsection "e" that defines the term "Permit Holder" and "Permitted"
after the word live entertainment the phrase "or live entertainerr to be deleted and
replaced with the phrase "or special entertainment". The phrase should now read a
live entertainment or a special entertainment permit.
CITY COUNCIL MINUTES December 14, 1998
The next change is at Page 3 of the draft ordinance under Section 5. The first
sentence which reads "Any person required by this chapter to have a live
entertainment permit", after the word entertainment and before the word permit,
insert the language "or a special entertainment". The phrase should read "Any person
requlred by this chapter to have a live entertainment or a special entertainment
permit"
The final correction is at page 8 of the draft ordinance under Section 21, Subsection
"c" Investlgatlon of Permit, the second line of that phrase which reads "a live
entertainment permit", the word live to be deleted and replaced with the word
special. The phrase should now read "a special entertainment permit"
It was moved by Councilmember McCov and seconded by Mayor Pro Tern Piercy to
continue the second reading of the ordinance and that the mentioned changes be
corrected. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOy, MCGill, Piercy, Sondhi and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Second Reading of An Ordinance of the City Councll of the City of Cypress, California,
Amending Appendix I of the Cypress Zoning Code, Amendment No. 98-2 of the Cypress
Municipal Code, by Deleting Section 17.1 Pertaining to the LC Lincoln Avenue Overlay Zone
and by Deleting Section 35.68 Pertaining to Restrictions on Amendment From
Manufacturing to Residential. The City Manager Informed the Council that on that day
staff received a fax letter addressed to Alice Angus and to him from an attorney with the
firm of Jung & Yuen, representing the property owner of 4801 Lincoln Avenue. The letter
asked the City Council to grant a 60 days continuance to this matter to review the
implications of the zone change to said property.
The Acting Community Development Director indicated that economic studies were done
to look at Lincoln Avenue as a whole in the mixed uses and the land use plan that goes
along with that.
In responding to Councilmember MCCOV'S question about a date when notices to the
specific land owner were completed, Ms. Angus replied that the owner was notified 10
days before the workshop that was held in October and the property owner's
representative for 4801 Lincoln Avenue was at that meeting. A public hearing notice was
also sent in November and the representative also attended that meeting.
Councilmember Sondhi asked if consideration is given to the letter submitted by Jung &
Yuen Attorneys at Law, what impact would there be in the City to delay declsion making.
Ms. Angus responded that there will be some continued uncertainty for the owners on
Lincoln Avenue and it would be Council's decision on whether or not to grant more time.
Mayor Keenan commented that the property owner was noticed all along in this process,
which has been going on for over a year. MS. Angus concurred and indicated that a
number of workshops have been held with notices given.
The City Manager said that at the previous readings of subject Ordinance and Zone
Change the property owner did attend on one occasion and had a representative attend
at another. A letter was received from the property owner expressing concern, not
opposition, but wanting more time, and in that letter, the owner did note having
received 45 days notice prior to the public hearing . The City Manager asked the City
Attorney to comment.
The City Attorney stated that notices of all process pertaining to the Lincoln Avenue
Project were sent to all business owners on Lincoln and staff is satisfied that notice was
sent to the owner of 4801 Lincoln Avenue.
M2Vor Keenan commented that this hat alre2dv been ~tudied and it would be unfair to
other businesses if the process is delayed.
Councilmember McGill concurred with Mayor Keenan as he felt there has been a lot of
community involvement and would be very unfair to slow down the process.
It was moved by Mayor Keenan and seconded by Councilmember McGill to order the
Ordinance read by title only, title as follows, amending Appendix I of the Cypress Zoning
Code Amendment No. 98-2, Of the Cypress Municipal Code by deleting Section 17.1
pertaining to the LC Lincoln Avenue overlay zone and by deleting Section 35.68 pertaining
to restrictions on amendments from manufacturing to residential.
8
CITY COUNCIL MINUTES December 14, 1998
ORDINANCE NO. 982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
APPENDIX I OF THE CYPRESS ZONING CODE AMENDMENT NO. 98-2, OF THE CYPRESS MUNICIPAL
CODE BY DELETING SECTION 17.1 PERTAINING TO THE LC LINCOLN AVENUE OVERLAY ZONE AND
BY DELETING SECTION 35.68 PERTAINING TO RESTRICTIONS ON AMENDMENTS FROM
MANUFACTURING TO RESIDENTIAL.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOy, MCGill, Piercy, Sondhi and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Second Reading of An Ordinance of the City Council of the City of Cypress, California,
Adopting Zone Change No. 98-3, Changing the Zoning of Properties Within the Lincoln
Avenue Specific Plan Area from the Existlng Individual Zoning Designations to PC Planned
Community Development, and Adopting the Lincoln Avenue Specific Plan as the Official
Zoning for this area. The Acting Community Development Director gave a recap of the
matter at the request of the City Manager. MS. Angus indicated that this Ordinance is the
second part of the previously Ordinance read. This Ordinance adopts the Lincoln Avenue
Specific Plan as the zoning for the Lincoln Avenue area. The City Attorney remarked that
the two Ordinances are companion pieces.
There being no discussion or questions, it was moved by Mayor Keenan and seconded by
Councilmember MCGill to order the Ordinance read by title only, title as follows, adopting
Zone Change No. 98-3, changing the zoning of properties withln the Lincoln Avenue
Specific Plan Area from the existing individual zoning designations to PC Planned
Community Development, and adopting the Lincoln Avenue Specific Plan as the official
zoning for this area:
ORDINANCE NO. 983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING ZONE
CHANGE NO. 98-3, CHANGING THE ZONING OF PROPERTIES WITHIN THE LINCOLN AVENUE
SPECIFIC PLAN AREA FROM THE EXISTING INDIVIDUAL ZONING DESIGNATIONS TO PC PLANNED
COMMUNITY DEVELOPMENT, AND ADOPTING THE LINCOLN AVENUE SPECIFIC PLAN AS THE
OFFICIAL ZONING FOR THIS AREA.
The MOtion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOy, MCGill, Piercy, Sondhi and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 98-20, REQUEST
TO ESTABLISH A RYDER TRUCK RENTAL FACILITY AT 5552/5592 LINCOLN AVENUE: The City
Manager informed Council that the applicant requested to continue the item to the first
Council meeting in January as he was iii and was unable to attend.
The Mayor opened the public hearing and asked if anyone wished to speak in favor or in
opposition to the project. NO one spoke.
It was moved by Mayor Pro Tern Piercy and seconded by Councilmember McGill to
continue the public hearlng to the first Council meeting in January.
PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 98-21, REQUEST FOR THE ADDITION
OF ONSITE BEER AND WINE TO AN EXISTING PIZZA RESTAURANT LOCATED AT 9111 VALLEY VIEW
STREET, SUITE 105: Acting Community Development Director Angus presented the Item,
which was a request to add on sale of beer and wine to a small existing pizza place known
as New York Pizza Plus. Restaurants with the sale of alcoholic beverages are subject to the
approval of a conditional use permit. Section 19, Division I of the Zoning Code provides a
list of items the City Council shall consider when approving a conditional use permit for
the sale of alcoholic beverages.
staff reviewed the item outlined in Section 19 of the Zoning Code and felt that the
proposed use will be compatible with the adjacent uses.
9
CITY COUNCIL MINUTES December 14, 1998
The proposed use will not result in an over-concentration of on-sale beer and wine
licenses in the vicinity and, therefore, staff recommended approval of Conditional Use
Permit NO. 98-21, as conditioned. Notices of the public hearing were posted, published,
and mailed to the owners of all properties located within 300 feet of the subject parcel.
Staff did not receive any communication regarding the proposed project.
The applicant, Richard Eshlllan, indicated that he would like to add the beer & wine as a
compliment to what they currently serve.
Mayor Keenan asked the applicant if he was aware of the time limitations. Mr. Eshilian
responded that he received a letter from staff but believed he had made a mistake on
the hours of business operation. He informed staff that his business is opened until 11:00
p.m., on Fridays and Saturdays, on Sundays they close at 9:00 p.m., and Monday through
Thursday they close until 10:00 p.m.
Mayor Keenan opened the public hearing and asked if anyone wished to speak in favor or
in opposition to the request. No one spoke.
It was moved by Mayor Pro Tern Piercy and seconded by Mayor Keenan to close the public
hearing and adopt the Resolution by title only, title as follows, approving Conditional Use
Permlt NO. 98-21 - with conditions and with the amendment to Condition 11 under Exhibit
"A" to read as follows: "The hours of operation for the restaurant shall be limited to the
hours of 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m.,
Friday and Saturday".
RESOLUTION NO. 5046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE
PERMIT NO. 98-21 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: MCCOy, MCGill, Plercy, Sondhl and Keenan
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
NEW BUSINESS
APPOINTMENT OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES:
Pursuant to past City Council Policy, the City Council, following the completlon of its
annual reorganization, reconsiders the City Council's appointments to the various
organizations and committees. The City Manager indicated that some of the committees
require the Mayor to attend and others were open for discussion by the City Council.
The appointments to the Committees were as follows:
ORANGE COUNTY SANITATION DISTRICT: Mayor Keenan indicated that a letter was received
by thls agency requesting that the current representation remain, being Anna Pierey as
the representative and Tim Keenan as the alternate.
LEAGUE OF CALIFORNIA CITIES ORANGE COUNTY DIVISION: This agency requires that the
representative be the Mayor. The alternate is Mayor Pro Tem Piercy.
SANTA ANA RIVER FLOOD PROTECTION AGENCY: After brief Council discussion, Mike McGill
volunteered as the representative and Frank McCoy as the alternate.
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS: Lydia Sondhi volunteered to be the
representative and Tim Keenan wished to remain as the alternate.
CITY/CYPRESS SCHOOL DISTRICT JOINT STEERING COMMITTEE: Anna Piercy wished to remain
as the representative and Lydia Sondhi volunteered to be the alternate.
GROWTH MANAGEMENT ARE NO. 2 (Measure M): Anna Piercy volunteered to continue as the
Representative. NO alternate was named.
ORANGE COUNTY FIRE AUTHORITY: After a brief discussion, Frank McCoy volunteered as the
Representative and Mike McGill as the alternate.
LEAGUE OF CALIFORNIA CITIES LEGISLATIVE DELEGATE PROGRAM: This agency requires
representation of the Mayor as the representative. Mayor Pro Tern Piercy will serve as the
alternate.
10
CITY COUNCIL MINUTES December 14, 1998
LIBRARY ADVISORY BOARD: Anna Piercy chose to remain as the representative and Mike
MCGill is the alternate.
JOINT COMMUNICATIONS CENTER EXECUTIVE BOARD: Tim Keenan chose to remain the
representative and Frank McCov volunteered to be the alternate.
ORANGE COUNTY OF GOVERNMENTS: The Mayor chose Lydia Sondhl to be the
representative.
SCAG TRANSPORTATION/COMMUNICATIONS COMMITTEE: Tim Keenan indicated that he was
appointed and wished to remain as the representative.
ORANGE COUNTY REGIONAL AIRPORT AUTHORITY: After brief discussion Lydia Sondhi
volunteered to be the representative.
WEST ORANGE COUNTY CITIES ASSOCIATION: Mayor Tim Keenan appointed himself to be the
representative and Anna Plercy as the alternate. He also requested that each
Councilmember, on a rotating basis, attend meetings with him.
OCTA - JOINT AGENCY GROUP: At its meeting of April 27, 1998, the City Council considered a
request from the Board of Directors of the Orange County Transportation Authority, to
appoint a representative to the Joint Agency GrOup (JAG) relating to an urban rail line In
the 28-mile corridor that runs from Irvine to Fullerton. The City Manager indicated that
this is a very important responsibility and even though the Council at the mentioned
meeting voted not to participate in this group, he suggested that Council appoint
members to attend the meetings.
Mike McGill volunteered to be the representative and Lydia Sondhl as the alternate.
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 35003 - 35211:
It was moved by Mayor Pro Tem Piercy and seconded by Councilmember McGill to
approve the Commercial Warrant List for Warrants No. 35003 - 35211 in the amount of
$865,026.95. The motion unanimously carried bv the following roll call vote:
AYES:
NOES:
ABSENT:
,5 COUNCILMEMBERS: MCCOV, MCGIll, Piercv, Sondhi and Keenan 0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio
Governing Board of Directors. None presented.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency.
RECESS: The Mayor recessed the meeting at 9:10 p.m., to enable the City Council to act as
the Cypress Redevelopment Agency. The meeting reconvened at 9:20 p.m., with all
Council Members present.
ORAL COMMUNICATIONS:
Roger Yuen, attorney representing property owner of 4801 Lincoln Avenue, with Councll's
approval, spoke about item numbers 19 & 20. Mr. Yuen submitted an original letter which
he had earlier faxed to the City Manager and to the Acting Community Development
Director.
Mr. Yuen asked the City Council to grant a 60 day continuance of the project to allow his
client more time to study the impacts to his property due to a zone change.
The City Attorney indlcated that if the Council wished to allow more time, a motion
reconsidering the item would have to take place. He also clarified that Mr. Yuen was
informing Council that if they would decide not to grant more time, his client would be
filing a lawsuit. The City Attorney further commented that when the property owner's
representative first appeared with a request to continue the item, Council continued the
item in part to accommodate his request and to address other concerns Council had.
There was a second meeting at which a request to continue was again made and there
was further refinement of the language which in part was to accommodate existing
Councll's and land owners' concerns.
Mayor Pro Tem Piercy commented that she feels that the owner at 4801 was given
sufficient notice and would not be in favor of postponing the project any longer.
11
CITY COUNCIL MINUTES December 14, 1998
Councilmember McGill indicated that this developments has been taking place over the
past year in a very public form and has received a lot of publicity by various newspapers.
Dan Garvey spoke about the Incident at the Via Maria Mexican Restaurant and expressed
disappointment that the City has not addressed issues relating to this business. He also
said that, aside from the Register, this Incident was not mentioned In any other
newspaper. Mr. Oarvey offered $500, as an award, for the best investigating piece
published on Cypress Government in the next year and said he will let the Society of
Professional Journalist do the judging. Mr. Oarvey mentioned that communication Is very
important in a democratic society. He also said that he hopes the Clty Council will address
his concerns.
The City Attorney informed the City Council that a lengthy closed session Item will be
agendized at one of the first two meetings in January, to address the Issues Involving the
Via Maria property. He said that they are constraints by the litigation they are operating
under and it ls his intent to talk with the Councll In detail In private about what legal
rights and remedies are available to the City In the near future.
Councilmember McGill thanked Pat Cavanaugh for remarks made in an article in the News-
Enterprise Newspaper. He also commented that the selection for Mayor and Mayor Pro
Tern was a good one as Mayor Keenan is very involved In the community and involved in
a number of organizations county wide and thought he will serve the City well. He said
that Mayor Pro Tern Piercy will be an outstanding ambassador for the City in all the tasks
that she undertakes.
Mayor Keenan wished everyone happy holidays. For the record, he announced that the
next regular meeting is scheduled for January 11 at 5:00 p.m.
WRITTEN COMMUNICATIONS:
Written communication was recelved from the newly created, Save Our Neighborhood
(SON), residents against the zone change for the housing development at the corner of
Gay and Dennl Streets.
ADJOURNMENT: Mayor Keenan adjourned the meetlng at 9:42 p.m., to 8:00 a.m.,
December 15, for a Team Bullding Session between Council-Council and Council-City
Manager.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
12