Minutes 99-12-13MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
DECEMBER 13, 1999
A regular meeting of the City of Cypress CIty Council was called to order at 5:30
p.m. on Monday, December 13, 1999, by Mayor Keenan In the Executive Board ROom, West
wing of Clb/Hall, 5275 Orange Avenue, Cypress, California.
PRESENT: Councilmembers McCOy, McGiil, Sondhi, Piercy, Keenan
ABSENT: None
AlSO present were Interim CIty Manager storey, City Attorney Wynder, and
staffmembers Hensley, Halna, Angus, Liu, DeCarlo and Sinn.
WORKSHOP SESSION:
Y2K Preparedness Update.
Chief of Police Hensley presented this update regarding the Ci~/'s Y2K
preparedness.
Chief Hensley reported that throughout 1999, issues Were addressed relating to
potential problems with the year 2000. These included the examination/testing of Ci~V
computer systems In order to identify, repair and/or replace any non-compliant
equipment; development of an emergency response plan for the 72-hour period
between 12/31/99 and 1/2/00, identification of any possible interruption of services; and
the education of the public In regard to Y2K issues.
Chief Hensley further advised that staff has insured that all Ci~'Y hardware and
software is presently Y2K compliant. In addition, s~aff has worked with Vendors to ensure
that other equipment and machinery, heating and air conditioning units, traffic signal
controllers, and utilities will be ready for the time and date change. Finally, educational
programs for the community have been conducted.
Assistant to the City Manager, June LiU, announced that a Y2K Information line,
phone number (714) 229-6693, had been established, and would be available from
December 15, 1999 through January 3, 2000, 24 hours a day. Information will be updated
regularly to address any Y2K generated impacts within the city.
CLOSED SESSION:
At 5:55 p.m., the City Council Went into Closed Session to discuss the agendlzed item of
Public Employee Appointment (CaLGovt. Code§ 54957) Title: City Manager. Following this,
at 6:16 p.m., the Council reconvened in the Council Chamber Conference Room to discuss
the remaining two agendlzed items:
Conference with Real Properl~ Negotiator (CaI. Govt. Code§ 54956.8).
Property: Streets and Rights-Of-Way OWned by the City
Negotiating Parties: City of Cypress/Media One
Under Negotiation: Price, terms of payment
Property: 11411 Valley View Street, Cypress
Negotiating Parties: Warland Investments, Ltd./City Of Cypress
Under Negotiation: Terms of payment
7:00 P.M. SESSION:
Mayor Keenan called the meeting to order at 7:02 p.m.
PRESENT:
Keenan
Councilmembers MCCoV, MCGilI, Sondhi, Mayor Pro Tern Plercy, Mayor
ABSENT: None.
Also present Were Interim City Manager Storey, City Attorney Wynder, and
staffmembers AngUS, Sinn, OeCarlo, HensleV, LiU and Halna.
CITY COUNCIL MINUTES DECEMBER 13, 1999
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led bV Councilmember McGilI.
INVOCATION: The invocation was given by the Rev. Monsignor TOny Sudario of St.
Irenaeus Roman Catholic Church.
City Council Reorganization.
Prior to his resignation as Mayor, Mayor Keenan provided a recap of the City
Council accomplishments during 1999. These included: crime rate drop of 8% or better,
police department organizational audit/restructuring, replacement of police department
computers to ensure Y2K compliance; approval for a police substation in southern
Cypress; completion of the Lincoln Avenue project, including a successful marketing
campaign for the renovated street. The Mayor made many appearances on behalf Of the
City to meet with Cypress citizens to discuss their concerns, and represented the City
more than 275 times over the previous Year. Regular office hours prior to City Council
meetings were scheduled, town hall and Mayor's outreach meetings were held, as well as
numerous attendance at public functions. Mail, eraall and the Cable TV channel Were also
utilized in these efforts. A two-day team building workshop was held among City staff,
City commissioners and the City Council, and successful partnerships were forged with
neighboring cities. Economic development is being promoted with other west Orange
County cities, and the possibility of light rail is being discussed. The 50th anniversary of
the Recreation and Park DiStrict was celebrated. Street improvements were effected,
including the intersection at Valley View and Katella, and sidewalks were either repaired,
replaced or landscaped. Tenant improvements in the business park were made, and
C.U.P.S were approved for new restaurants. Fifty-eight new residential units, and many
additions were approved. A pro-active code enforcement program was implemented.
After these comments, the Mayor Pro Tern added some remarks. She
congratulated Mayor Keenan on the excellent job he had done as Mayor. She Observed
that because of his concerted efforts as Mayor, she did not have too many duties as
Mayor Pro Tern. Mayor Pro Tern Piercy said she had enjoyed working with the Mayor, and
then tendered her resignation as Mayor Pro Tern.
FollOWing Mayor Keenan's resignation as Mayor, the City Clerk opened nominations
for the office of Mayor.
Councilmember Keenan nominated former Mayor Pro Tern Anna Piercy for the
office of Mayor. It was moved by Councilmember Keenan and seconded by
Councilmember MCCOV tO close the nominations. Hearing no objections, the City Clerk
asked the Council to cast their votes for Anna Piercy for the position of Mayor.
Councilmember Piercy was unanimously elected Mayor by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOy, McGIII, Plercy, Sondhi
None
None
Mayor PiercV then asked for nominations for the office of Mayor Pro Tern.
Councilmember Sondhi nominated Councilmember MCGill for the office of Mayor
Pro Tern. It was moved bV Councilmember Sondhl and seconded by Councilmember
Keenan to Close the nominations.
The votes cast for Councilmember MCGill as Mayor Pro Tern were as follows:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOV, McGilI, Plercy, Sondhi
None
None
Upon being elected to office, both Mayor Plercy and Mayor Pro Tern McGill
expressed their thanks for the confidence expressed In their abilities, and stated that
they looked forward to serving in the coming year. The new Mayor advised that She Gan
be reached via eraall at "mayoranna@medlaone.net", and that the practice of holding
office hours prior to the City Council meetings will be continued.
FollOwing these comments, members of the Council introduced members of their
families who were in the audience. The new Mayor presented Councilmember Keenan
with a Mayor's Plaque commemorating his service, then recessed the meeting at 7:15 p.m.
for a brief reception.
The meeting was reconvened at 7:47 p.m., with all councilmembers present.
PRESENTATIONS:
CITY COUNCIL MINUTES DECEMBER 13, 1999
Presentation Regarding International city Theater by Dlane Jacobus, Shashain
Desai, and Alex Bellehumeur.
Diane Jacobus and Alex Bellehumeur (Shashain Desai was unable to attend) of the
International City Theater (ICT) made a presentation to the City Council regarding their
program. ICT was seeking participation by the City of Cypress, requesting that It become
one of its affiliated cities as part of their region. The ICT iS presently recognized by the
city of LOng Beach as its "resident professional" theater. Assurances were given that, in
return for participation, chlldren's programs will be presented and revenues will be
returned as the program becomes increasingly successful. The ICT has plans to become a
regional theater, Which cannot be realized without the support of the cities in the
region. Twenty-cents of every dollar generated would be paid to the City of Cypress.
FOllOWing these remarks, Council directed staff to prepare a report regarding this
proposal for presentation at a future city Council Workshop session.
REPORT Of CLOSED SESSIONANORKSHOP AGENDA:
At the request of Mayor Piercy, Interim City Manager Richard Storey provided a
summary of the Y2K Preparedness Update which had been made to the City Council
during a Workshop held at 5:30 p.m. this date. Mr. Storey advised that Chief Hensley had
made the presentation, which, In summary, advised that the City of cypress is well-
prepared for the turn of the century. All systems are in good working order, sufficient
staff will be available to cover any emergency, and a public information number with a
recorded message that will be periodically updated has been provided. That number is
(714) 229-6693, and is now available.
City Attorney Wynder provided an overview of the Closed Session held
immediately prior to the regular Session of the City Council meeting, during Which the
following items were discussed:
Public Employee Appointment (CaL Govt. Code§ 54957)
Title: City Manager
In regard to this issue, the city Council met with the management team to discuss
the recruitment of a City Manager, and to solicit input regarding desirable characteristics
for the new City Manager. This was an information-gathering session, and the Council
took no action.
Conference with Real Property Negotiator (CaLGovt. Code§ 54956.8).
Property: streets and RightS-Of-Way Owned by the City
Negotiating Parties: City of Cypress/Media One
Under Negotiation: Price, terms of payment
Property: 11414 Valley View Street, Cypress
Negotiating Parties: Warland Investments, Ltd./City of Cypress
Under Negotiation: Terms of payment
In regard to the first of these issues, it was anticipated that the franchise with
MediaOne will expire at the end of the current calendar year. City staff sought direction
from Council on what action, if any, should be taken in regard to the explratlon. The City
Council's direction to staff was to allow the franchise to lapse according to its own terms.
In reference to 11411 Valley View Street, discussion was held regarding a terms of
payment proposal, which was authorized by the Council. In addition, a subcommittee
consisting of the former and new Mayors was created by the Council to work with the
Interim City Manager.
No further action was taken or solicited during the Closed Session.
ORAL COMMUNICATIONS:
SPEAKING ONCE)
LIMITED TO ONE-HALF HOUR, (THREE MINUTES PER SPEAKER,
Mayor Plercy asked if anyone present wished to comment on any item not
included on the meeting agenda.
Congratulations were offered by Susie Linde, Cypress resident, to the new Mayor
and Mayor Pro Tern on being elected to office. MS. Llnde was present to complain about
the fact that their request for a New Year's Eve block party had been denied by the City.
CITY COUNCIL MINUTES DECEMBER 13, 1999
Ms. Linde stated that the residents requesting the party had gone to considerable
expense in preparation for same.
The Mayor asked the Chief Of Police to respond. Chief Hensley stated that New
Year's Eve was the busiest night of the year for the police department. Because this year
was expected to result in more problems because of the millennium celebrations, with a
greater drain on police department resources, all block party requests were being
routinely denied.
Chief Hensley observed that while more information should have been made
available to the community regarding the disallowance of New Year's Eve block parties, it
had not been anticipated that any requests for NeW Year's Eve block parties would be
received. He noted that block parties are typically given for Labor Day and Fourth of July
celebrations.
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered bV
the City Council to be routine, and Will be enacted under one motion approvlng the
recommendations listed on the Agenda.
Councilmember Sondhi asked that Item NO. 4 be pulled from the Consent Calendar;
Mayor Pro Tern MCGill requested that Item 6 be pulled, and staff requested that Item 9 be
pulled.
A motion was made bV Councilmember Keenan and Seconded by Councilmember
MCCOy tO approve Items 2 through 12, with the exceptions of Items 4, 6 and 9. The
motion was carried bV the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhl, McGilI, Piercy
None
None
Item No. 2. Approval of City Council Minutes of the Regular Meeting of
November 22, 1999, Adjourned Regular Meeting of November 23, 1999, and the Special
Meeting of December 2, 1999.
Recommendation: That the City Council approve the Minutes of the Regular City
Council Meeting of November 22, 1999, the Adjourned Regular Meeting of November 23,
1999, and the Special Meeting of December 2, 1999, as submitted.
Item No. 3. MOtiOn tO Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to waive Further Reading.
Item No. 5. Appropriate Funding for Transient Occupancy Tax AUditS for Hotels
and Motels Within the City of Cypress.
Recommendation: That the City Council authorize the appropriation from the
General Fund unreserved fund balance to AcCOunt NO. 4177-11-109-01 for $15,000, to audit
the HOtelS/MOtelS in Cypress for TOT compliance.
Item No. 7. Review of Pylon Sign Approved as Part of Design Review Committee
Permit NO. 99-39, a Review of the Proposed ImprovementS to the Pylon sign for the
MiSSion Center. Located at 4460-4498 Lincoln Avenue. in the PC Planned Community Zone
Lincoln Avenue Specific Plan Area.
Recommendation: Receive and file.
Item NO. 8. Approval of Revised City Engineering DiviSiOn Standard Plans.
Recommendation: That the City Council approve the revised City of Cypress
Engineering DiViSion Standard Plans.
Item No. 10. Approval of Plans and Specifications and Authorization to Solicit Bids
for the Remodel/Upgrade of the Cypress Police Department, Public Works Project No.
9926.
Recommendation: That the City Council 1) Approve the Plans and Design
Specifications for the Remodel/Upgrade of the Cypress Police Department; and 2)
Authorize City staff to advertise the project for bids.
CITY COUNCIL MINUTES DECEMBER 13, 1999
Item No. 11. ApprOval Of Various Items from November 16, 1999, Traffic
Commission Meeting.
Recommendation: That the City Council approve the following recommendations
of the Traffic Commission: 1) Adopt the Resolution by title only, title as follows,
providing for the Installation of a "No Parking - Tuesdays 6 a.m. to 2 p.m." sign In front of
the 5592 Crescent Avenue; and providing for the installation of 23 feet of "No Parking
Anytime" area in front of the Lincoln Motel at 5732 Lincoln Avenue; and 2) Inclusion of a
project in Fiscal Year 2001 budget for the widening of the east side of Denni Street, north
of Ball ROad, for the purpose of installing north and southbound left turn pockets, and
the installation of protected/permissive left turn phasing for north and southbound
Denni Street at Ball Road.
Resolution NO. 5180
A Resolution of the City Council of the city of Cypress
Establishing "No Parking" Areas Adjacent to 5592 Crescent Avenue
and 5732 Lincoln Avenue
Item NO. 12. Acceptance of the Abatement of Seasonal and Recurring Weeds for
Phase I of the 1999/00 Program and AdOptiOn Of Resolution Confirming the Assessments.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the specifications of the
work; and 2) Adopt the Resolution bV title only, title as follows, confirming weed
abatement assessments and imposing special assessments as a lien on the parcels listed
on Exhibit "A."
Resolution NO. 5181
A Resolution of the City Council of the City of Cypress
Confirming the Report of Costs of Abatement of Weeds,
Rubbish, Refuse, Dirt and Public Nuisances and Imposing Special Assessments
as Liens on Parcels within the City of Cypress
Item No. 4. Approval of Design Review Committee Permit No. 99-42, Request to
Install Electronic SecuriL~¢ Gates at BOth Entrances to the Bandai Site, Located at 5551
Katella Avenue.
This item was pulled from the Consent Calendar by Councilmember Sondhi, who
questioned the type of representations provided to staff to assess the aesthetic aspects
to incorporate the bar and the supplemental landscaped islands requested by the
applicant, and their visual impact.
Community Development Director AngUS responded that when the project was
reviewed, it was noted that landscaping will be included in the medians. She stated that
if the project is approved, a formal landscape plan will be submitted by the applicant for
approval. MrS. AngUs also said that a card-accessed gate system, fairly low to the ground,
will be included. The proposed gate is made of wood, and will match the existing
buildings.
A motion was made by Councilmember Sondhi and seconded by Mayor Keenan
that the City Council adopt the Resolution by title only, title as follows, approvlng Design
Review Committee Permit NO. 99-42, With Conditions:
Resolution NO. 5182
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit NO. 99-42,with Conditions
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCOy, SOndhi, McGilI, PiercV
None
None
Item NO. 6. Approval of Contract Change Order NO. I for Construction of
Crescent Avenue and Gay Street Master Plan Storm Drain. Tract No. 15754, Public Works
Project No. 9906.
Mayor Pro Tern McGill requested that thls item be pulled from the Consent
Calendar. He wanted to know why the Change Order was being requested at this time, as
he felt that any requirements for an aggregate backfill for the project should have been
identified at an earlier time.
5
CITY COUNCIL MINUTES DECEMBER 13, 1999
Public Works Director Slnn advised that at the time the original contract was
executed, Imported fill was specified as the material for the aggregate backfill. However,
this material proved to be very expensive, so the item was re-negotiated to include
native soil as fill, at a significant saving. Some isolated areas near Crescent were found for
whlch that type of fill was unsuitable, so it was necessary to arrange for the contractor to
bring in an appropriate type of fill.
In response to further questions, Mr. Sinn responded that the project included
relocation of a sewer lateral, for which it is notoriously difficult to determine the
appropriate grade. Mr. Sinn advised that the Change Order represented a less expensive
means of correcting the SOilS than other courses of action would be.
A motion Was made by Councilmember Keenan and seconded by Councilmember
Sondhl that the City Council approve the Contract Change Order No. I for Construction of
Crescent Avenue and Gay Street Master Plan Storm Drain for Tract NO. 15754, Public Works
Project NO. 9906, tO The Olson Company, 3020 Old Ranch Parkway, Suite 250, Seal Beach, CA
90740, in the amount of $61,355.95. The motion was carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOy, Sondhi, McGilI, Piercy
None
None
Item No. 9. Acceptance of Fiscal Year (FY) 1998-1999 Annual Report for the
Cypress Redevelopment Agency.
Community Development Director AngUS advised that staff wished to make a brief
presentation regarding the accomplishments of the Cypress Redevelopment Agency
during 1999. A review of the Redevelopment Agency's previous fiscal year Is also
mandated by State of California redevelopment law. MrS. Angus said that Housing
Coordinator Steve Clark would make stafrs presentation.
Mr. Clark then narrated a visual presentation of projects completed by the
Redevelopment Agency during the 1998-99 fiscal year. These included the Lincoln Avenue
Streetscape, the Los Alamltos Race Track and Golf Course Plan and the amended City Civic
Center Plan. Mr. Clark advised that the Redevelopment Agency had five goals set and met
for the previous fiscal year, which included the plans mentioned previously as well as
administration of the 5-Year Implementation Plan and the implementation of the CitV's
economic development plan.
Mr. Clark stated that housing goals were achieved, loan expenditures were made, a
pro-active code enforcement program was implemented, and developments with
covenants regarding affordability were monitored to ensure compliance.
Mr. Clark included in detail steps taken by the City to meet the above-mentioned
goals of the Redevelopment Plan. He stated that in compliance with law, a copy of the
Redevelopment Agency Report will be forwarded to the State Department of Housing
and Community Development.
Councilmember Keenan complimented staff on the achievements made in that
area, and stated that he was excited about future plans in the redevelopment area, and
Mayor Piercy jolned him in those sentiments.
A motion was made by Councilmember Keenan and seconded by Councilmember
Sondhi that the city Council accept and direct staff to file the FiScal Year 1998-1999 Annual
RepOrt Of the Cypress Redevelopment Agency with the State Department of HOUSing and
Community Development by December 31, 1999. The motion was carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoV, Sondhl, McGill, PiercV
None
None
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER
SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL.)
13. Public Hearng Regard ng Conditional Use Permit NO. 99-10, Request tn
Establish a Restaurant Serv ng Beer and Wine in an Existing Freestanding Bud ng, Located
at 4300 Lincoln Avenue.
6
CITY COUNCIL MINUTES DECEMBER 13, 1999
AliCe Angus, Community Development Director, presented the staff report for this
item. MrS. AngUS explained that this project represented a request by Mr. Casey Klm tO
establish a Korean restaurant, with onsite sale of beer and wine, within an existing 4,781
square-foot building located at 4300 Lincoln Avenue In the PC Planned Community Zone,
Lincoln Avenue Specific Plan and Lincoln Avenue Redevelopment Project areas. Staff has
reviewed the appropriate guidelines and determined that the project will not have an
adverSe effect upon surrounding businesses. In addition, the project Is Categorically
Exempt under the Guidelines of the California Environmental Quality Act (CE(2A), and the
Department of Alcoholic Beverage Control (ABC) has determined that the proposed
restaurant will not result in an over-concentration of on-sale beer and wine licenses ffype
41) in the vicinity.
Mr. Kim iS proposing to reopen an existing, 2-story restaurant building which has
approximately 3,425 square feet of space on the firSt floor and 1,356 square feet of floor
area on the Second floor. Overall seating will be provided for 88 people.
Because the zoning will also be consistent with the proposed use, as well as with
the goals and policies of the Lincoln Avenue Specific Plan, LincOln Avenue Redevelopment
Plan, and Cypress General Plan, staff's recommendation was for approval of the proposed
project.
At the conclusion of staff's presentation, the Council had questions regarding the
hours of operation for the restaurant as compared to other restaurants in Cypress, the
condition of approval mitigating the emission of food cooking odorS from the proposed
facility, use of the second floor of the restaurant, the actual configuration of the second
floor, and the type of signage to be installed. The Community Development responded
that the Breakers Bar in an adjacent plaza is open until 2:00 a.m. seven days a week, and
staff had determined that the previous use in the building had no history of criminal
activity. The second floor of the restaurant is partially enclosed, and will not be used for
"parties." If and when the project is approved, the applicant will be submitting a
proposed signage plan for the facility. Odors from the restaurant will not be
problematical, as any cooking will be properly vented.
The applicant, Casey Kim, introduced himself. A native Korean who has lived in the
United States for 26 years, Mr. Kim is also a former police officer who worked for the
cities of DowneV and Montclair. He assured the Council that he Is very law-abiding, and
will take pains to ensure that no criminal activity will be allowed to take place at the
project site.
Mr. Kim stated that both his parents are chefs, and he decided to enter the
restaurant business after becoming medically disabled at his law enforcement job.
Mr. Kim responded that he and his wife have been the owners of three retail
establishments, one of which was sold to finance the restaurant project. He said they are
planning to open a Korean American Restaurant/Caf~. Mr. Kim added that he is planning
on being in the City a long time, and that his intention is not to establish the business
then turn around and sell it for an immediate profit.
Mr. Kim said he would like the Council to grant him permission to operate his
restaurant from 11:00 a.m. to 2:00 a.m., seven days a week, and added that he felt those
hourS played a significant role in making his restaurant a successful venture. Mr. Kim
explained that While he did not anticipate many customerS during the Very late hours, he
felt he should remain open because his competitors Were open during those hours.
Mr. Kim said that measures had been established to ensure that his use would not
interfere with the surrounding neighborhood. For example, all doorS and Windows
facing the residences behind the restaurant will remain closed; all music Will be played at
a level that will not be heard on the outside. There will be no loitering In the parking lot.
During the later hours of operation, all parking will be restricted to the front of the
restaurant, to not interfere with the residents in the rear.
In response to questions posed by the Council, the applicant responded that while
there would not be lots of customers, a certain amount was expected. He felt it would be
necessary to stay open until then to successfully complete with his competitors, two of
Which are located off of Bloomfield and Lincoln In Hawaiian Gardens, one in Cerritos on
Pioneer, and several in Garden Grove; all of which remain open until 2:00 a.m. The Mayor
Pro Tern inquired what type of clientele ate at that hour and where the cooking would be
performed; Mr. Klm responded that the restaurant was geared to fatally and the general
public, and that all cooking would be done in the kitchen of the restaurant.
CITY COUNCIL MINUTES DECEMBER 13, 1999
Mayor Piercy then opened the pubtic hearing, and asked if there was anyone
present who wished to speak for or against the use. No comments were offered, and the
Mayor closed the public hearing.
The Mayor Pro Tern inquired as to the type of alcoholic beverages to be served at
the restaurant; he was informed by the Community Development Director that the
application was for beer and wine, only.
FOllOWing discussion and a suggestion by Councilmember Keenan, the Council felt
that the application should be granted for a trial period of six months from the date of
the occupancy permit, with the use to be reviewed by Council at the expiration of that
time.
A motion was made by Councilmember Keenan, seconded by Mayor Pro Tern
McGilI, and carried by the following roll call vote that the CIty 60uncll adopt the
Resolution, as amended, by title only, title as follows, approving Conditional Use Permit
NO. 99-10, wlth Conditions:
Resolution NO. 5183
A Resolution of the City Council of the City of Cypress
Approving Conditional Use Permit NO. 99-10, With Conditions
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGllI, Plercy
None
None
14. Public Hearing Relating to Law Enforcement Block Grants: Federal Grants
Under the "violent Crime Control and Law Enforcement Act of 1994."
Chief HensIcy presented staff's report to the Council for this item. He explained
that the Cypress Police Department has applied for the 1999/2000 LOCal LaW Enforcement
BlOCk Grant (LLEBG) made available by the Bureau of Justice Assistance (BJA), a bureau of
the U.S. Department of Justice. Two remaining action steps are necessary to obtain
funding from this grant source: (1) Hold a public hearing seeking written and oral input
on how the grant funds will be spent; and (2) Appropriate funds for additional police
traffic safety overtime, the purchase of spike strips and video processing equipment for
the Police Department.
The above recommendations were developed by an AdviSOry Board, which
reviewed various options submitted by the Police Department for consideration. The
Chief advised that all funds received under the grant must be spent to supplement local
law enforcement activities, and cannot be used to supplant funds for such activities.
The Chief concluded by stating that the City Council was being requested to: (1)
conduct a Public Hearing consistent with the requirements of the Local LaW Enforcement
Block Grant to obtain public input on how the Police Department intends to spend the
grant funds; (2) appropriate S39,172 from the unreserved fund balance of the General
FUnd to ACCOUnt NO. 4003-11-163-05 tO pay overtime costs; and (3) appropriate S7,700
from the unreserved fund balance of the General Fund to Account No. 4104-11-165-05 to
purchase equipment (spike strips and video processing equipment) as authorized by the
1999/2000 Local Law Enforcement Block Grant.
The fiscal impact to the City represents additional federal funding in the amount
of $40,385.00, for police overtime, police equipment and traffic enforcement. This
project will result in an expenditure of $4,487.00 of the City's General Fund monies.
The Chief requested the Council to note that a typo reflecting the total amount
occurring in the last paragraph of page one of the staff report should be corrected from
$7,700 to read S5,700. On the last page of the report (page 4) the amount reading $3,500
should be changed to $3,300. The Chief thanked Councilmember Sondhi for identifying
these errors.
Councilmember Keenan questioned the overtime for the traffic enforcement, and
expressed the wish that not too many "speed traps" be set up. The Chief responded that
the overtime was anticipated for the evening hours, after the motorcycle officers have
gone home. Further, the traffic enforcement officers would only be deployed to areas
from which complaints had been received. These officers would also be active in
enforcing DUI arrests.
CITY COUNCIL MINUTES DECEMBER 13, 1999
The requested spike strips were then discussed by the council. The Chief advised
that the request had been carried over from the previous year, and that funding was
now available for the purchase of these. The need for these Was questioned by
Councilmembers Keenan and McCoy; the Chief responded that the potential was present
for them to be used, however, the occasion may never arise for which these would be
required.
The requirement for the video equipment was also questioned; the Chief
answered that the equipment could also be used for missing people or wanted posters.
Having the technology would also provide the department with the abillb/to enhance
any poor photos taken by other surveillance cameras utilized during bank robberies,
store hold-ups, etc. In response to a question posed by Councilmember Keenan, the
responded that the City would not be able to contract these services to other cities.
Councilmember MCCOV was of the opinion that spike strips should be a lower
priority item than other items on the list. The Chief responded that sufficient grant
money was received to pay for every item included, with funds left over. If other needs
are identified, monies are still available to purchase items to fulfill those needs.
The Mayor Pro Tern asked about the overtime, noting that it was a new item. The
Chief responded that this was the first time the funding was being utilized for this
purpose.
Mayor PiercV wanted to know why three spike strips were being ordered. The
Chief responded that one of the strips would be placed in the Sergeant's car, one in the
Corporal unit, and one in the Traffic unit. This would increase the accessibility of the
strips should one be required at any time out in the field. The Chief also clarified for the
Mayor that no additional positions would be created, but that the overtime would be
used for existing positions.
Councilmember Sondhi asked whether the terms "video-processing equipment"
and "video-enhancement equipment" were synonymous; the Chief responded In the
affirmative.
FOllOwing this discussion, the Mayor opened the public hearing. Alan Crowder
stepped forward and expressed the wish that a couple of officers be deployed to check
the speeders; especially in the vicinities of KnOtt and Valley View. NO further comments
were offered, and the public hearing was closed.
A motion Was made bV Councilmember Keenan, seconded by Councilmember
MCCOV, and carried bV the following roll call vote that the City Council, having conducted
a Public Hearing consistent with the requirements Of the LOcal LaW Enforcement Block
Grant to obtain public input on how the Police Department intends to spend the grant
funds, appropriate $39,172 from the unreserved fund balance of the General Fund to
ACCOUnt NO. 4003-11-163-05 tO pay overtime costs; and, appropriate $7,700 from the
unreserved fund balance of the General FUnd tO ACCOUnt NO. 4104-11-165-05 tO purchase
equipment (spike strips and video processing equipment) as authorized by the 1999/2000
Local LaW Enforcement Block Grant.
15. Public Hearing Relating to Law Enforcement Block Grants: Citizens' Option
for Public Safety (COPS) Grant FUnds.
Chief John Hens]eV provided the s[aff report for this item, advising that the
funding is issued from the State of California, rather than the federal government, for
this grant, The Chief advised that two separate issues of the Supplemental Law
Enforcement Fund Were addressed in the staff report; (1) the acceptance of monies, and
(2) the expenditure of funds for the purchase of equipment and training for the Police
Department.
State Assembly Bill 3229 (A8 3229) made $I00,000,000 available for statewide
SupPlemental law enforcement funding. In 1996, the CII:V of Cypress received $108,000 in
funds, which were spent on Video surveillance cameras, purchased and installed in
marked patrol units, subsequent to the holding Of a public hearing.
Again in 1997, approximately $108,000 was received. After a public hearing had
been held, this funding was appropriated for a multi-agency mobile data system for
patrol vehicles.
Cypress received S108,150 in 1998. On February 22, 1998, a public hearing was held
during which the funds were accepted and placed into the Supplemental Law
Enforcement Services Fund ACcount of the City of Cypress.
CITY COUNCIL MINUTES DECEMBER 13, 1999
FUndS have again been made available in 1999, and the City of Cypress has received
$107,698; all of which must be used exclusively for existing front line municipal police
services. These monies cannot be cornmingled with any other funds, and cannot be used
tO supplant any existing funding for City-provided law enforcement services. Again, a
public hearing must be held prior to appropriation of these grant funds,
During the 1999/2000 fiscal year budgeting process, the Police Department
designated $50,184 to hire an additional Police services Officer to assist In the City's jall.
Once the position has been filled, coverage in the jail will be provlded 24 hours a daY,
seven days a week.
After receiving input on how the grant monies should be Spent, the Police
Department prioritized the requests based upon available grant funds and the needs of
the community and Department. Based upon this evaluation, the following purchases are
being recommended:
Equipment Item cost
Program Number
Marked Police Unit
S35,000 4377-90-659-39
Records Furniture
S16,000 4350-90-658-05
Driver Training Equipment
S 3,000 4305-90-656-35
Crisis Negotiations Equipment
$ 9,000 4305-90-656-35
Patrol Helmets
$10,000 4305-90-656-35
Four Shoulder Fired Rifles
$12,000 4305-90-656-35
Forward Looking Infrared
S 7,500 4305-90-656-35
Evidence Processing Equipment
S 4,100 4305-90-656-35
Training Cost
Program Number
Driver Training
S12,000 4180-30-181-05
Crisis Negotiations Training
$1,000 4180-30-181-05
Based upon the foregoing information, staff was recommending that the City
Council:
1) Approve an increase of estimated revenues for fiscal year 1999/2000 in the
Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants Account NO. 3525-
30-999-99 for $107,698;
2) Conduct a public hearing consistent with the legal mandates associated
with the Citizens' Option for Public Safety/Supplemental LaW Enforcement Services Fund;
3) Approve the use of grant funding for the Police Services Officer positlon, a
position that was approved during fiscal year 1999/2000 budget process;
4) ApprOpriate S134,600 from the fund balance of the Supplemental Law
Enforcement Services Fund tO the accounts indicated in the staff report dated December
13, 1999;
5) Appropriate S25,000 from the fund balance of the Supplemental Law
Enforcement Services Fund to Account No. 4003-30-181-05 to pay for overtime needed to
provide additional staff during the Y2K date conversion period, December 31, 1999,
through January 3, 2O00.
Councilmember Keenan commented that this grant represented an appeasement
attempt on the part of the State of Californfa for taking away from the cities many times
the amount represented. He advised that the Cypress City Council had traditionally not
spent these funds on personnel. Councilmember Keenan was concerned that if the funds
were expended for a staff person and the source of the money dried up, there would be
no funds to continue to pay for that staff person. Chief Hensley responded that It has
been the policy of the city not to fill positions to be funded by block grants. However,
the Chief advised that when this position is filled, the individual hired will accept the
position based upon the understanding that the job will be eliminated if the grant funds
no longer become available.
10
CITY COUNCIL MINUTES DECEMBER 13, 1999
In response to another question posed by Councilmember Keenan, the Chief
advised that acquisition of the new police unit would be of critical Importance because
the total number of units has been reduced during the past year, and one must be
available when an officer arrives to work an overtime shift in traffic enforcement. Mr,
Storey advised that the unit being purchased would not be replaced when necessary
unless there were grant funds available for tile purpose.
The Chief then described some of the crisis negotiating equipment pieces in
response to further questions posed bV the Council; these included a "throw phone", and
a crisis negotiations command post.
FOllOwing these comments, Mayor Piercy opened the public hearing. She asked if
anyone present wished to speak for or against this request. No comments were offered,
and the public hearing was closed.
The Mayor Pro Tem felt that the poliEical climate was ripe for the addition of a PSO
position.
A motion Was made by Mayor Pro Tern MCGilI, seconded by Councilmember MCCoV,
and carried by the following roll call vote that the CiD/Council, having conducted a public
hearing consistent with the legal mandates associated with the Citizens' Option for Public
safety/supplemental Law Enforcement Services Fund, 1) approve an Increase of estimated
revenues for fiscal year 1999/2000 in the Supplemental Law Enforcement Services Fund
(AB 3229) in Other Grants ACCOunt NO. 3525-30-999-99 for $107,698; 2) approve the use of
grant funding for the Police Services Officer position, a position that was approved
during fiscal year 1999/2000 budget process; 3) appropriate S134,600 from the fund
balance of the Supplemental Law Enforcement Services Fund to the accounts indicated in
the staff report dated December 13, 1999; and, 4) appropriate $25,000 from the fund
balance of the Supplemental Law Enforcement Services Fund to Account NO. 4003-30-181-
05 tO pay for overtime needed to provide additional staff during the Y2K date conversion
period, December 31, 1999, through January 3, 2000.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Keenan, MCCoV, Sondhi, MCGilI, PierCy
None
None
NEW BUSINESS:
16. Reappointment of City's Representative to the Orange County Vector
Control District.
Richard Storey, Interim City Manager, provided the staff report on this Item. He
explained that the current term of office of the City's present representative, Sandra
Montez, to the Orange County Vector Control DiStriCt will expire on December 31, 1999.
Ms. Montez has artended all 29 meetings of the Board Of Trustees held slnce she was
originally appointed in AUgUSt Of 1997. She has indicated her desire to be reappointed to
the Orange counW vector control District, for either a two-year or four-year term, to be
decided by the appointing authority.
Based upon the foregoing information and the level of participation exhibited by
Ms. Montez, staff's recommendation was that MS. Montez be reappointed to the Orange
County Vector Control DiStriCt for a four-year term of offlce.
A motion was made by Councilmember Keenan, seconded by Councilmember
MCCOy, and carried by the following roll call vote that Sandra Montez be reappointed to
the Orange County Vector Control District for a term of four (4) years:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, Piercy
None
None
17. Selection of New Member to the Nonconforming Use Hearing Board.
Alice AngUS, Community Development Director, presented the staff report for this
item.
Ms. AngUS advised that a resignation letter had been received from Mr. Calvin
Bailey, Vice-chairperson of the Nonconforming Use Hearing Board, upon which he had
served since 1994.
11
CITY COUNCIL MINUTES DECEMBER 13, 1999
In January of 1999, four interviews were conducted by the City Council to fill a
vacant position on the Board. At that time, Mr. Michael Siu was selected to fill the
position.
Of the three remaining applicants, two remain interested in serving on the Board;
Mr. Bill Fifield and Mr. Philip Luebben. Staff was therefore recommending that the City
Council Select a date and time to conduct the interviews, and authorize staff to contact
the applicants to schedule appointments accordingly.
The Mayor Pro Tern wanted to know if there were any restrictions which would
preclude a person from serving on multiple boards or commissions. Mrs. Angus
responded that after checking with the City Clerk, it was determined that this Board had
only one regularly scheduled meeting per year, and that it met on an as needed basis
after that. Further, a precedent had been set which allowed a person to serve on more
than one commission.
While the Council was appreciative of the fact that Mr. Luebben and Mr. Fifield
were willing to serve on this Board, it was noted that they are both currently serving on
other commissions. In order to give other citizens of Cypress an opportunity to serve, it
was suggested that their applications be set aside at this time, in order to open the
process to solicit new applications for the Board.
A motion was made by Councilmember McCoy, seconded by Councilmember
Keenan, and carried by the following roll call vote that applications be solicited to fill the
vacancy on the Nonconforming Use Hearing Board. The motion was carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Keenan, McCoV, Sondhi, MCGilI, PierCV
None
None
18. Appointments of City Council Members to Various Organizations and
Committees.
Pursuant to past City council policy, the City Council, following the completion of
its annual reorganization, reconsiders the City Council's appointments to the various
organizations and committees. The Interim 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:
Representative Alternate
ORANGE COUNTY SANITATION DISTRICT:
Piercy Keenan
LEAGUE OF CALIFORNIA CITIES ORANGE COUNTY DIVISION: Piercy
SANTA ANA RIVER FLOOD PROTECTION AGENCY: MCGill
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS: Sondhi
MCGill
MCCOy
Keenan
CITY/CYPRESS SCHOOL DISTRICT JOINT STEERING COMMITTEE: Piercy
Sondhi
GROWTH MANAGEMENT AREA NO. 2 (MEASURE M):
PiercV
ORANGE COUNTY FIRE AUTHORITY:
LEAGUE OF CALIFORNIA CITIES:
LIBRARY ADVISORY BOARD:
MCCOy MCGIII
Piercy McGill
MCGill SOndhi
JOINT COMMUNICATIONS CENTER EXECUTIVE BOARD:
ORANGE COUNTY COUNCIL OF GOVERNMENTS:
SCAG TRANSPORTATION/COMMUNICATIONS COMMITTEE:
ORANGE COUNTY REGIONAL AIRPORT AUTHORITY:
WEST ORANGE COUNTY CITIES ASSOCIATION:
Keenan MCCOV
Sondhl Keenan
Keenan
Sondhi
Piercy Keenan
OCTA JOINT AGENCY GROUP (JAG):
McGill Sondhi
12
CiTY COUNCIL MINUTES DECEMBER 13, 1999
A motion was made by Mayor Pro Tern MCGilI, seconded by Councilmember
Keenan, and carried by the following roll call vote to confirm the City council
appointments for the year 2000:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, sondhi, McGilI, Piercy
None
None
19. Approval of Commercial Warrant LiSt for Warrant NOS. 40776-40988.
Councilmember Keenan questioned Warrant No. 40813, payable to the Olson
Company. He wanted to know if it related to an agenda item previously approved during
the meeting. Mr. Storey responded that while it relates to the item, It does not represent
the monies discussed. The warrant satisfied the City's fiscal obligation under a contract
which had been negotiated by the OIson Company.
In response to another question, Mr. StOrey responded that once the pre-
established limit had been met in the funds to be expended, any overages would be paid
from the Storm Drainage Fund.
A motion was made by Councilmember Keenan, seconded by Mayor Pro Tern
McGilI, and carried bY the following roll call Vote (with Councilmember Keenan abstaining
on Warrant Nos. 40795, 40796 and 40797) to approve the City of Cypress Commercial
Warrant LiSt for Warrant NOS. 40776-40988:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGllI, Piercy
None
None
RECREATION AND PARK DISTRICT MATTERS: The Cypress City Council, acting as the Ex OffiCiO
Governing Board of Directors.
There were no matters to consider.
At 9:45 p.m., Mayor Piercy adjourned the meeting of the Cypress City Council to
allow the City Council to convene as the Cypress Redevelopment Agency.
The City Council meeting was reconvened at 9:47 p.m.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
Councilmember Keenan - Met with the West-Comm Board during the previous
week. Approved budget; negotiating with company for alarm dispatching/monitoring
services to be shared with West-Comm. Services will be marketed to business, and will
result in revenues to West-Comm.
AlSO artended OCTA meeting where Centerline Rail was discussed. OCTA voted to
continue progress with Irvlne-Costa Mesa leg being the first to be developed. TechnOlOgy
symposium to be held in March of 2000, in an attempt to overcome some of the
opposition to the project. Advised those Who were interested in the progress of the
light rail project to check the OCTA Website at www.octa.net.
Councilmember Sondhi - Artended Orange County Regional Airport Authority
meeting on December 8. "Safe and Healthy Communities" Initiative wlll appear on ballot
in March of 2000, Measure "F' - 18-page report received regarding the potential impacts of
this initiative upon the County of orange. These include the potential for litigation
because of ambiguity in the language. The Orange County Sheriff ls concerned with the
funding process for jails. Issues involved also with other Orange County airports, and the
formation of a Joint Powers Agency with the County of Orange. She will be happy to
share the information included in the report with anyone who is interested.
In addition, orange County did become an ex officio member of the Orange
CounW Regional Airport Authority. A public information campaign regarding airport
issues has been prepared, and information will soon be disseminated to the public.
AlSO artended a Project Approval Subcommittee of the Orange County Housing
and CommunlW Development Commission. Seven applications for the subsidized
building of affordable housing units have been received, which are currently under
review.
Mayor Pro Tern McGill - NO meetings to report.
13
CITY COUNCIL MINUTES DECEMBER 13, 1999
Councilmember McCoy - Artended meeting of the Orange County Fire Authority.
Amended Joint Powers Agreement has been approved by 18 cities, with only one or two
cities remaining to approve.
Felt HOliday Sing was a great success. Suggested that some seating for the elderly
De provided at the next event, and some found it difficult to find seats. AlSO wanted to
extend his compliments to the City staff in their efforts expended toward Y2K
preparedness. Reported that the City has an excellent action plan in place, with
adequate resources available to address any potential problems.
Mayor Piercy echoed these sentiments. She advised that she had artended two
meetings of the Orange County Sanitation District. She stated that agency had "led the
nation" in its Y2K preparations.
The Sanitation DiStriCt is now considering the purchase of land in Kings and Kern
Counties, in order to adequately dispose of its biosolids.
The Mayor noted also that if people are having difficulty setting their VCRS for the
new year, they should reset them to the same setting used for 1972, as that year is
configured exactly the same as 2000.
ORAL COMMUNICATIONS: (FOr matters not on the Agenda)
The Mayor commended the job done on the 1999 Holiday Sing, saying that it had
Peer most successful.
Councilmember Keenan also thanked everyone for their efforts, and Said it was
one of the best turnouts ever. He extended his wishes for a happy holiday season to the
Cypress community.
Mayor Pro Tern McGill extended his greetings for a Merry Christmas and a Happy
Hanukkah, as did the Mayor.
NO further comments were offered.
WRITTEN COMMUNICATIONS:
(For matters not on the Agenda.)
The Mayor referred to a letter received in relation to the presentation given.
ADJOURNMENT:
AS there was no further business to come before the Council, the Mayor adjourned
the meeting at 10:08 p.m. The next regular City Council meeting will be held on Monday,
January 10, 2000, at 5:30 p.m.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
14