Minutes 99-11-08M~NUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
NOVEMBER 8, 1999
A regular meeting of the Clty of Cypress Clty Councll was called to order at 5:35
p.m. on Monday, November 8, 1999, by Mayor Keenan In the Executive Board Room, West
Wing of City Hall, 5275 Orange Avenue, Cypress, California.
PRESENT: Councilmembers McCoy, MCGIII, Sondhl, Mayor Keenan
ABSENT: Mayor Pro Tern Plercy
AlSO present were Interim City Manager Storey, CIty Attorney WVnder, and
staffmembers Slnn, HensIcy, DeCarlo and LIu.
WORKSHOP SESSION:
1. Review of Proposed Non-Profit Organizations Contribution Policy to be
Implemented July 1, 2000.
A presentation regarding a revlew of the proposed Non-Profit Organizations
Contribution Policy was made to the City Council bV Recreation & Parks Director, Marvin
DeCarlo.
Mr. DeCarlo explained that over the years, the Clty's policy regarding its support of
community organizations has become unclear. Therefore, the City Council directed that
an analysis of the current policy be done, and a proposal be made that would be
equitable and provide appropriate protection for each organization and for the City.
Staff was proposing that a Grant Request Program, based on the City Non-Profit
Contribution Policy adopted by the city council In November of 1998, be implemented.
This program would provide non-profit organizations with the opportunity to request
direct funding and in-kind services for specific programming needs. The grants process
Would begin with applications In December, and would be reviewed by the City Council
through the budget process to take effect on July 1, 2000.
It is staff's recommendation that the followlng criteria be Included In the policy to
be established for contributions to non-profit organizations:
· Utilization of the Grant Request Program through the budget process, when
requesting direct funds or in-kind services;
· Proof of valid Dlrector's and Officer's Insurance;
· Proof of Special Event Liability Insurance, as required;
· The requestlng organlzatlon's bylaws shall not call for the office of a
Commissioner or City Council Member to be represented on their Board of
Directors or In their general membership;
· The requesting organlzatlon's bylaws shall not conflict with any state or federal
Jaws;
· 50% of the requesting organlzatlon's membership shall live in the City of
Cypress;
· Clerical and/or mailing services shall not be provided by the City of Cypress.
In regard to the Communlty FestIval, some specific recommendations were made.
BaSed upon a previous legal opinion made by the City Attorney on June 29, 1998, the
above qualifications should aDDIV, as should abDIlcatlon of The RalPh M. Brown Act. The
City, in addltlon, should require that the Community Festival Association change the
contents of Its Purpose statement, as contained In Its bylaws, which reads in part, "This
ASsociation Is formed to assist the Cypress Recreation and Park DiStriCt in the promotion,
production, presentation, and participation of the annual Cypress Community FeStival."
some alternatives the CIty Councll may wish to consider would be to not require
Directors and Offlcer's Insurance, but to utilize common, non-profit organization general
liability insurance for not less than $t ,000,000 per event basis, with each group listing the
City of Cypress/Cypress Recreation and Park District as additional Insureds.
CITY COUNCIL MINUTES NOVEMBER 8, 1999
In addltlon, the city may wish to provide grant funding for administrative costs to
selected organizations that work closely with the CI~Y to sponsor major events, including
the Community Festival Committee and Friends of Cypress Cultural Arts, to better provide
them with an opportunity to purchase the required Insurance.
The CItY Attorney recommended that the final policy submltted for formal action
by the City Council will request that the applicants for grants experience a review process
with an independent, thlrd~party insurance broker, which will make a recommendation as
to the amount and type of insurance that the event will require. As long as these meet
the recommended requirements, the Clty's requirements will be met and the insurance
can be purchased by the applicant from a broker of his choice.
The City COuncll directed staff to develop a pollcy defining the procedure to be
followed for any entity wishing to apply for a City grant, to be awarded annually, and
outlining the steps to be forwarded. This will Include all organizations, and not just non-
profit organizations. Dollar amounts for services rendered to not-for-profit organizations
need to be itemized, and the city Council will determine what amount it will reserve in
fee waivers for those groups. The Council also shall decide how many fee waivers for
room rentals will be granted, as compared to what can be earned to offset related costs
and expenses for facility rental. ,
2. Review of Proposal for a Cypress and Los Alamitos Public Safety Services
Agreement.
A presentation regarding review of a proposal for a CiL-y of Cypress and City of Los
Alamltos Public Safety Services Agreement was made to the CIty council by Police Chief
John Hensley. The Chief reminded the Council that discussions be~veen 'the two cities
had ~aken place regarding the feasibility of consolldatlng police services between Cypress
and Los Alamltos to explore the possibility Of realizing cost-savings without cornpromising
police services to the two communities.
A report was prepared in regard to this proposal, the results of which indicated
that the projected cost savings from such a consolidation of services would be $550,332
to the City of Cypress and approximately $231,553 to the City of LOS Alamltos.
Staff was requesting direction from the City Council regardlng further discussion
and/or negotiations to undertake with the city of LOS Alamitos regarding a Public SaFety
Services Agreement for pollce services between the two cities.
At the close of the staff presentation, the consensus of the Council was that since
LOS Alamitos was the initiating party of this request for consolidation of services, it would
take no action regarding the matter until the City of LOS Alamltos decided how it wished
to proceed. Word was then received that the Los Alamltos City Councll had voted 5-0 to
reject the plan to consolidate, so no further direction was given to staff.
CLOSED SESSION:
At 6:35 p.m., the City Council reconvened In the CIty council Chamber and
immediately went into Closed Session to discuss the agendlzed Items of one (1) case of
anticipated litigation, two (2) conferences with real property negotiators, and one
conference with legal counsel regarding existing litigation.
7:00 P.M. SESSION:
PRESENT: Councilmembers MCCOy, MCGlil, Sondhl, Mayor Keenan
ABSENT: Mayor Pro Tern Keenan
Also present were Interim City Manager Storey, cib/Attorney Wynder, and
staffmembers Angus, Sinn, Hensley, DeCarlo and LlU.
PLEDGE OF ALLEGIANCE:
The Pledge of Alleglance was led by Girl Scout Troop Nos. 1563 and 1875, Girl Scout
Leader Llnda Rader.
INVOCATION:
The invocation was given by Pastor Norm Johnson, Cypress Park Community
Church.
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CITY COUNCIL MINUTES NOVEMBER 8, 1999
PRESENTATIONS:
Presentation of Communl~v Service Plaque to Former Recreation and Community
services Commissioner Gloria Livingston.
Mayor Keenan presented the Community Service Plaque to Gloria Livingston,
former Recreation and Community Services Commissioner (from October, 1990 to July,
1999). Mayor Keenan advised that MrS. Livingston had served on many different
committees for the City, and thanked her for all of her efforts.
Admlnlsterlng LOyalty Oath and Presentation of Certificates of Appointment to
Youth Commissioners Erlca McClure. Teddy Schwartz, and Alternates Maria Pe~a and
Matthew Wallace.
At the request of the Mayor, the new Youth Commissioners Erica McClure and
Teddy Schwartz, and Youth Commissioner Alternates, Maria Pe~ia and Matthew Wallace,
were administered the loyalty oath by the Deputy City Clerk. Mayor Keenan then
presented each young person with a Certificate of Appointment, and congratulated them
on their achievements.
Recognltlon of Hl~Jh School Arts Recipients -,Bridget DaSh and Brenda Wilhelm by
Paula English, Chair of the Cypress Cultural Arts Commlsslon.
The Mayor introduced Mrs, Paula English, ChalrperSon of the Cypress Cultural Arts
Commission. Mrs. English advised that the Cultural Arts Commission has established a new
program for the purpose of IdentifYIng and recognizing Cypress resident high school
students who excel in the arts. Candidates are nominated by high school teachers, who
identify candidates and pass the Information along to the Cultural Arts Commission. MrS.
English Said that Marie chance, AIICla Kimble and Alexandria Coronado were in the
audience, and that Betty I(oester, Julian BlOOm and Curtis Bloch Were also on the
Commission.
Mrs. English then Introduced the winnerS of the firSt two awards, Bridget Dash and
Brenda Wilhelm, who are both seniorS at Cypress High School. The winning entries were
shown, and the young ladles were presented with the awards.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
Interim City Manager Richard Storey reported on the Workshop Session which had
been al:tended by the City Council beginning at 5:30 p,m. The Council had conducted (1) a
review of the proposed Non-Profit Organizations Contribution Policy to be Implemented
July 1, 2000; and (2) review of a Proposal for a Cypress and LOS Alamitos Public Safety
Services Agreement.
In reference to the Non-Profit Organizations Contrlbutlon policy, staff will
implement some of the suggestions made by the Council, and the matter will be
resubmltted to the city Council for final approval.
Because the clb/of Los Alamitos City Councll voted 5-0 not to proceed with the
Police Department consolidation project, no action was taken by the Cypress City Council
on the second item.
City Attorney VVynder reported that during the Closed Session held immediately
following the Workshop Session, only two of the agendlzed items were discussed because
of time constraints. These included a Conference with Legal Counsel-Anticipated
Litigation (CaI, Govt. Code ~ 5~956.9[b] ). The Clty Council unanimously authorized the City
A~corney to bring a criminal enforcement action against the property owner of 4881
Cathy Avenue for repeated violations of the Cypress Municipal Code.
Also, in accordance with CaLGovt, Code ~ 54956.8. Conference with Real Proper~/
Negotiator, negotiations regarding the terms of payment were held between the city of
cypress and Warland Investments, Ltd., regarding the property located at Plaza Drive.
There was a brief presentation regarding under what terms the City might consider
transfer of that properly to PaclfiCare. The Council Indicated that such a transaction
would make fiscal and policy sense, with the Mayor abstalning from any input on the
matter.
The City Attorney advised that the remaining two items on the closed Session
agenda would, time permitting, be consldered following the regular business session of
the City council.
CITY COUNCIL MINUTES NOVEMBER 8, 1999
ORAL COMMUNICATIONS: LIMITED TO ONE,HALF HOUR.
SPEAKER, SPEAKING ONCE.)
(THREE MINUTES PER
The Mayor asked if anyone wlshed to speak under Oral CommuniCations.
Nancy Stuve, Public Affairs Manager with Southern Callfornla GaS Company, Orange
Coast Region, Introduced herself. MS. Stuve introduced Tlna Javid, a new Public Affairs
Manager for the Gas Company. Ms. Javld will be replacing Stephanle Metzler, who has
been off on medical leave for several months.
AWARD OF CONTRACTS:
1. Award of Contract for Arnold/Cypress Park Restroom Remodel, Public Works
Project No. 9846.
The scarf report for this Item was presented to the Council by Public Works
Director Jeff Slnn. Mr. Slnn advised the report had been prepared in order to
recommend the award of a contract for the Arnold/Cypress Park Restroom Remodel,
Public Works Project No. 9846.
The proposed project wlll comprise lhstallatlon of a new roof and
addition/remodeling of the electrical, plumbing ahd mechanlcal systems. Because of
financial constraints, staff Is recommending at this time that only Addltlve Alternate ~3
be awarded, consisting Of Improvements of partitions, Interior wall and accessories of the
restroom.
On September 7, 1999, a bld openlng was he,ld for which four qualified bids were
submitted. LOW bid In the amount of $48,700.00 was submitted by TransitiOn Developing
Contractors, 32661 Seven Seas Drive, Dana Point, California 92629, and staff was
recommending that they be awarded the contract for Arnold/Cypress Park Restroom
Remodel in the amount of $37,070.00 base (base bid amount plus $5,000.00 in Addltive
Alternate ~/3, plus 10% contingency).
FOllOwing thls presentatlon, a motion was made by Councilmember Sondhi,
seconded by Councilmember MCCOy, and carried by the following FOil call vote that the
City Council of the CIb/of Cypress, actlng as the ex dfflclo governing Board of Directors of
the Cypress Recreation and Park District, (I) determine the lowest responsible bidder for
Public Works Project No. 9846 tO be Transition Developing Contractors, 32661 Seven Seas
Drive, Dana Point, callfornla, 92629; and (2) award a contract for Arnold/Cypress Park
Restroom Remodel in the amount of $37,070.00 base (base bid amount plus $5,000.00 in
Addltlve Alternate #3, plus 10% contingency), to Transition Developing Contractors:
AYES: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
CONSENT CALENDAR:
All matters listed on the Agenda under 'Consent Calendar" are to be considered by
the City Council to be routine, and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councllmember Sondhl requested that items 4(b) and 10 be pulled from the
Consent Calendar, Councilmember MCGIII requested that Item 5 be pulled, and
Councilmember MCCOy asked that Item 6 be pulled.
A motion was made by Councilmember MCGlll and seconded by Councilmember
Sondhl to approve Items 2 through 10, with the exception of Items 4(b), 5, 6 and 10. The
motion was carried by the following roll call Vote:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGilI, Sondhi, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
Item No. 2. Approval of ClL-y Council Mlnutes of the Regular Meeting of October
25, 1999.
Item NO. 3. MOtiOn tO Introduce and/or AdOPt All Ordlnances and Resolutions
Presented for Consideration by Title Only and to Waive Further Readlng.
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Cl~Y COUNCIL MINUTES NOVEMBER 8, 1999
Item NO. 4(a). Approval of Deslqn Review Commlttee Permlt No, 99-37, Request to
construct a Second-story AdditiOn tO an EXlStlng Residence, Located at 11624 Talaud
Street.
Recommendation: That the clty Council adopt the Resolutions by title only, title
as follows, approving Design Review Committee Permit No. 99-37, with conditions:
Resolution No. 5168
A Resolutlon of the Clb/Councll of the City of Cypress
Approvlng Design Review Committee Permit No. 99-37, with Conditions
Item No. 7. Approval of an Amendment to the City's Position Classification,
EStablishing the Position of Programmer Analyst and Es~abllshlng Compensation.
Recommendation: That the City council adopt (1) the Job specification for the
regular, full-time position of Programmer-Analyst; and (2) the Resolution amending the
Clty's Classification Plan and establishing compensation.
Resolution No. 51.69
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 Programmer-Analyst
In the Clty's Position Classification Plan for
Employees in the Service of the city of Cypress
Item No. 8. Proclaiming November 21-28. I§99, as "Bible Week."
Recommendation: That the Mayor and City Council officially proclaim November
21-28, 1999, as "Bible Week" In the City of Cypress.
Item NO. 9. Proclaiming December 1. 1999, in Observance of "world AIDS Day."
Recommendation: That the Mayor and City council offlclally proclaim December
1, 1999, in observance of "world AIDS Day" In the ClL-~ of Cypress.
Item NO. 4(b). APPrOVal of Deslgn Review Committee Permit NO. 99-39, a Request to
Establish a Si_qn Program for the MISsIOn Center. Located at 4460-4498 Lincoln Avenue.
Councilmember Sondhi said she had pulled this Item for a couple of reasons; first,
because a prevlously-ldentlfled typo In Exhibit "A" required correction. in addition, she
wished to ensure that the design for the pylon sign be submitted to the Council for final
approval, to ascertain that it would fit In well with the Lincoln Avenue Project.
In response to these concerns, the Community Development DIrector confirmed
that in Condition of ApprOVal NO. 6, the word, "seems" had been changed to read,
"seams." Further, MrS. Angus advised that It had been proposed to treat the edges of the
pylon sign with stucco, and to replace the panels. She added that the final design will be
resubmltted to the Council for final approval.
A motion was made by Councilmember Sondhi and seconded by Councilmember
MCCOV that the City Council adopt the Resolution Approvlng Design Review Committee
Permit No. 99-39, with Conditions.
Resolution NO. 5170
A Resolution of the CIty Councll of the City of Cypress
Approvlng Design Revlew Committee Permit No. 99-39, with Conditions
The motion was carrled by the following roll call vote:
AYES: 4 COUNCILMEMBERS: McCoy, McGlll, Sondhi, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Piercy
Item NO. 5: AdoptiOn of a Resolution Establishing "NO Parking Anytime" Area on
the NOrth Side of Orange Avenue. East of Peach Street.
Councilmember MCGIII Informed the Councll that he had pulled this item in order
to determine whether a crosswalk will be Installed at the location In question, or whether
the installation of a crosswalk had anything to do with the subject area.
5
CITY COUNCIL MINUTES NOVEMBER 8, 1999
Public Works Director Slnn responded that the establishment of the "No Parking
Anytime" zone had nothing to do with the Installation of a crosswalk, but was proposed
in order to deal with egress from Peach Street to orange Avenue. When cars are parked
at the location, a blind spot Is created, resulting in a hazardous traffic situation. Director
Slnn added that Installation of a crosswalk on Orange Avenue In the subject location will
not be proposed. The reason for this Is that crosswalks placed across busy arterial streets,
particularly In mid-block locations, historically create In the pedestrian a false sense of
security, and often result In vehicular-pedestrian accidents.
A motion was made by Councilmember MCGIII and seconded by Councilmember
Sondhl that the city Council approve the recommendation of the Traffic Commission by
adopting the Resolution providing for the Installation of an additional 55 feet of "NO
Parking Anytime" area, In addition to the existing 20 feet of red curb, to provide a total
length of 75 feet of "No Parking Anytime" area on the north side of Orange Avenue, east
of Peach Street.
Resolution No. 5171
A Resolutlon of the City Councll of the clty of Cypress
ES~abllshlng "NO Parking Anytime' Area on the North Side of Orange Avenue
EaSt Of Peach Street
The motion was carried by the followlng roll call vote:
AYES: 4 COUNCILMEMBERS: McCOy, McGilI, SOndhl, Keenan
NOES: 0 COUNCILMEMBERS: Norie
ABSENT: 1 COUNCILMEMBER: Pieroy
Item NO. 6. Adoption of Resolutions Commending Eagle ScOUts Sean Christopher
SDrague and Joshua Ray Rlessen.
Councilmember McCoy said he had pulled the Item In order to publicly recognize
these young men for their accomplishments. He remarked that It spoke well for the
community that another two of Its citizens achieved the rank of Eagle Scout. The Mayor
added that he planned to attend the Courts of Honor for these Scouts, and Invited any
interested Councilmembers to Join him.
A motion was made by Councilmember MCCOy and seconded by Councilmember
MCGIII to adopt the Resolutions commending Eagle SCOuts Sean Christopher Sprague and
Joshua Ray Rlessen.
Resolution No. 5172
A Resolution of the Clty Councll of the city of Cypress
Commending Boy Scout Sean Christopher Sprague
on Attalnlng the Rank of Eagle ScOUt
Resolution NO. 5173
A Resolutlon of the City Council of the CIty of Cypress
Commending BOy ScOUt Joshua Ray Rlessen
on A~alnlng the Rank of Eagle Scout
The motion was carried by the followlng roll call vote:
AYES: 4 COUNCILMEMBERS: MCCoy, MCGIII, SOndhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
Recreatlon & Park District Matters:
Item No. 10. Approval of Proposed New Spring Activity classes, as Recommended
by the Recreation and Community Services Commission on october 19, 1999.
Councllmember Sondhl Informed the Council she had pulled this item because the
educational degrees held by one of the Instructors for the proposed classes were not
identified. Councilmember Sondhl expressed some reservations regarding the
qualifications of some of the Instructors scheduled to teach some of the classes. In
addition, It was her opinion that the fees charged for some of the classes were
exorbitant, as compared with fees charged previously.
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CITY COUNCIL MINUTES NOVEMBER 8, 1999
Recreation & Parks DIrector DeCarlo responded that no particular formula for
setting fees had been established. Rather, each fee Is negotiated with the instructor, and
compared with fees charged in other municipalities. The fees In question were also
charged for similar programs offered by the City of Brea, where the classes were quite
popular.
In regard to the screenlng of instructor quallficatlons, Mr. DeCarlo advised that
instructors are put through a series of Interviews and a thorough reference check is
made prior to hiring. He explained that most instructors have experience at a number of
other cities before they are accepted in Cypress, and that most enjoy favorable
reputations. Additionally, the programs are thoroughly Investigated by the Recreation
and CommunlW Services Commission prior to submission to the city Council.
In response to further questlons posed by Councilmember Sondhi, Mr. DeCarlo
advised that occasionally programs were scheduled at facilities other than at the City,
such as was the one for the proposed Tae I(won DO studio. He added that the fees for
this type of program were structured differently.
By way of response to Councilmember Sondhl's final question, Mr. DeCarlo also said
that the Tae Kwon Do program would not compete with the Clty's Karate program, as
they are two separate types of martial arts. '
A motion Was made by Councilmember Sondhl, seconded by Councilmember
MCGIII, and carried by the following roll call vote that the City council, acting as the ex
officio governing Board of Directors for the Cypress Recreation and Park District, approve
the proposed new contracted activity classes to be offered in the Spring 2000 brochure,
as recommended by the Recreation and Community, Services Commission:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, Sondhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: Plercy
PUBLIC HEARINGS: 7:30P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER
SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIU
11. Continuation of Publlc Hearing Regardln~ an Appeal of the Nonconforming
Use Hearing Board's Decision Reclardlncl the Nonconformlng Status of the Lincoln Motel,
Located at 5732 LinCOln Avenue.
AliCe AngUS, Community Development Director, presented staff's report for this
item. She reminded the Council that the public hearing on this item had been opened at
the City Council meeting held on October 25, 1999, and Was continued at the request of
the appllcant's attorney to the meeting scheduled for the present date.
AS a recap, Mrs. Angus advised that within the last two years, the City had adopted
a hotel/motel ordinance which established operational standards for hotel and motels in
the City limits. This Ordinance also limited the number of long-term stay rooms which
can be occupied in either a hotel or a motel. These changes were scheduled to occur
over a three-year period, beginning with a 30% long-term occupancy rate, and
terminating with a 15% occupancy rate. The property under consideration, the Lincoln
Motel, has been operating at 100% long-term occupancy, and was found bv the
Nonconforming Use Board to be out of compliance with the Clty's Ordinance.
Mr. Schworck had malntalned that his property should not be subject to the
Ordinance, as It was ~grandfathered in" under pre-Ordlnance rules after he purchased It in
1963. His claim Is that his units are more similar to apartments than to a hotel or motel,
and therefore should not fall under the Jurlsdlctlon of the Ordinance In any event.
Staff's recommendatlon was that the CIty Councll uphold the September 9, 1999,
decision of the Nonconformlng Use Hearing Board, Which found the Lincoln Motel to be a
nonconformib/In accordance with Section 19, Division 4, of the Cypress Zoning Code.
FollOwing Staff'S report, Mayor Keenan requested clarification regarding the
configuration of the Interior of the units In question; Le., whether they would qualifV the
facility as apartments or as a motel Mrs. AngUS responded that they are unfurnished
facilities with Individual kitchen units. As such, the use was more typical of an apartment
than of a motel. However, the business has been called "The Lincoln Motel" since the
1950s. AS a motel, the facility was subject to a transient occupancy tax, which had never
been paid to the City; although It has been billed On a quarterly basis for same,
Councilmember Sondhl asked if any dlscusslon had occurred regarding changing
the motel's classification as such. Mrs. Angus responded that the possibility of revising it
CITY COUNCIL MINUTES NOVEMBER 8, 1999
tO an apartment use had taken place; which, If done, would require a Conditional Use
Permit. In addltlon, It would need to conform with the current zoning and various
building and planning standards In order for thls change to occur. Director AngUS added
that although Mr. Schworck has been aware of this option for many years, he has never
Pursued it.
Mayor Keenan then opened the public hearing, and asked the applicant's
representative to step forward.
Richard Beck, attorney for Mr. Schworck, introduced himself. He thanked the
Council for Its patience in continuing the item. Mr. Beck alleged that when the units were
built, they were constructed as apartments; despite the name of the facility. Mr. BeCk
also said that the Council and Nonconforming Use Hearing Board were not in possession
of all the germane facts, as he was still In the process of gathering new information about
the use.
It was Mr. BeCk's allegatlon that the Orange County Assessor's Office has records
indicating the use was constructed in 1953, while the Clty's Building Permit records
indicate a history dating to 1955. He said this was why the Planning Department had no
permit Information in its files.
Mr. Beck observed that at the time the pi'operty was annexed to the city of
Cypress, It was possible that the existing zoning allowed the facility to be operated as an
apartment complex.
Also questioned by the appllcant's attorney was the ultimate disposition of the
residents should the facility be shut down. Mr. Beck said that the Lincoln Motel provided
low income housing as requlred In the Clty's General Plan, Housing Element.'
Mr. Beck added that Mr. Schworck intended to be a "good neighbor", and had
plans to revitalize the landscaping on the property.
In conclusion, it was Mr. Beck's allegatlon that the Nonconforming Use Hearing
Board could not make an Informed decision, as it was not In possession of all the facts.
Next to speak was DOn Wesllng, Cypress resident. Mr. Wesllng's opinion was that
while he was sympathetic to people being displaced from their homes, he did not feel
that the conditions In the Lincoln MOtel were up to standard. With apologies to Mr.
Schworck, Mr. Wesllng pronounced It to be 'slum living", unfit for people to reside in
unless the landlord made extensive Improvements.
Mr. Beck remarked that while the 'LIncoln MOtel" sign is still in place, it has
operated as apartments throughout its long history.
In response to a question posed by Councilmember Sondhl, MrS. AngUS explained
that all of the Clty's documentation regarding the facility designate it as a "motel." Mayor
Keenan questioned how different standards were applied for the construction of motels,
hotels and apartments, in view of the fact that the existing zoning classification at the
time of annexation applied to all three of those uses. He noted that the buildings in no
way were designed for long-term, resldentlal occupancy.
MrS. Angus responded that the use would have to be brought up to the current
zoning, building and planning standards for apartments, should the applicant decide to
apply for a Condltlonal Use Permit. In addition, she noted that several Variances would
also be indicated. When asked by the Mayor, Director Angus responded that if the
Council chose to deny the appeal, the applicant did have that option.
The City Attorney said the legal argument being made on behalf of the appellant
was that, at the time of annexation, the property was In conformance. Further, as a
matter of vested right, the appellant should be allowed to continue as a non-conforming
property. However, Mr. VVynder stated that § 31 of the Cypress Zoning Code does not
permit that, and referred to an amortization table describing how varying types of
nonconforming uses must be brought into compliance.
Mr. Wynder added that the applicable rule of law requires that a municipality shall
not confiscate a vested interest without compensation without allowing a reasonable
time to amortize the vested right. In Cypress, the amortization period is up to 20 years,
which has long since passed for the Lincoln Motel. Therefore, even If this facility were to
be classified as an apartment, it would be deemed a nonconformlng apartment subject
to abatement. This option would place the applicant In a less desirable legal position
than he is presently In. Mr. Wynder added that the Council could wait until further facts
are assembled and could then remand the Item back to the Nonconforming Use Hearing
Board; however, he would recommend against that course of action.
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CITY COUNCIL MINUTES NOVEMBER 8, 1999
Mr. VVynder suggested some language to be added to the motion, should the
Council decide to deny the appeal of the Nonconforming Use Appeals Board, to read
"...based on the fact that there Is substantial evidence taken from the record as a whole
to find the facility In vlolatlon of the CI~/of Cypress Municipal Code."
Councilmember McGIII inquired about the buslness license for the facility; Interim
City Manager Storey Informed him they are renewed on an annual basls at the beginning
of the fiscal year. Councllmember MCGlil then provided a recap of the foregoing
proceedings. He noted that while he was not unsympathetic to the situation of the
residents of the Lincoln Motel, he felt he had to uphold the decision of the
Nonconforming Use Hearing Board, based upon the facts contained In the record.
councilmember Sondhl noted that the applicant had not followed through with any
attempts to bring the units into compliance as apartment units, and she did not
appreciate this late emotional appeal. She noted that If the appellant wished to classify
the facility as apartments, he should go through the appropriate steps to do so.
The Mayor noted that the hotel currently provided substandard living conditions,
which need to be corrected before he could support the use.
NO further comments were made, and the Mayor closed the public hearing.
A motion was made by Councilmember McGill and seconded by Councilmember
McCoy that the City Council deny the appeal of the Nonconforming Use Hearing Board's
decision regarding the nonconforming status of the Lincoln Motel, located at 5732
Lincoln Avenue, based on the fact that there Is substantial evidence taken from the
record as a whole to find the faclllty In vlolatlon of the Cypress Municipal Code. The
motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, Sondhi, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
12. Public Hearlnq Recjardln_q Tentative Tract MaD NO. 15727 and Conditional Use
Permit No. 98-13. Request to Combine Three (3) Parcels Into One and Construct a 36-Unit
Condominlum Development, Located at 6242 Lincoln Avenue.
The Staff report for thls Item was presented bY Alice Angus, Community
Development Director.
Mrs. AngUS stated the project represents a request from Unlsclen Development to
merge three (3) existing parcels into (1) parcel. Unlsclen Is proposing to construct a 36-
unit condomlnlum development located at 6252 Llncoln lAvenue, within the PC Planning
Community Zone (Lincoln Avenue Specific Plan area, Cv Campus Village DistriCt). The
proposed tentative tract map complies with the California Subdlvlslon Map Act, and with
the City of CYpress Subdivision Ordinance. The proposed high density residential use is
consistent with the purpose and intent of the CV Campus Village DiStrict Of the LinColn
Avenue Specific Plan, and complies with the development standards set forth in both the
Cypress zoning7 Ordinance and the Lincoln Avenue Specific Plan. In addition, the project
design is consistent with the design guidelines contained In the specific Plan.
An Initial study/environmental checklist was prepared for the proposed project,
and concluded that with appropriate mitigation measures In place, no significant effect
upon the environment will occur as a result of this development. In accordance With the
requirements of the CalifOrnia Environmental Qualib/Act (CEQA), a Mltlgated Negative
Declaration will be flied for this project.
1. Based upon the analysis of the proposed project, staff was recommending
that the City Council (1) Adopt the Mitigated Negative Declaration, De Mlnimus findings,
and the Mitigation Monitoring Program In accordance with the requirements of the
California Environmental Quality Act (CEQA); and
2. AdOpt the attached Resolution approvlng Condltlonal Use Permit No. 98-13,
SubjeCt to the conditions in Exhibit "A" Of the Resolution; and
3. Adopt the attached Resolution approving Tentative Tract Map No. 15727,
subject to the conditions attached In Exhibit "B."
Following staff'S presentation, the Mayor opened the public hearing. FirSt to
speak was K. K. Chen, architect for the project. Mr. then made himself available to answer
any questions. Mr. Chen was followed by Mr. Engo then, the project engineer. Mr. Chen
also stated he would be happy to respond to any questions. Mr. Chen said that a mistake
had been maCle in Engineering Condition of Approval NO. 11, which provides for a
9
CITY COUNCIL MINUTES NOVEMBER 8, 1999
maximum 2' grade between the properties. He maintained that In order for the sewer to
function properly, the grade would have to be 7' because of the configuration of the
properly.
Mrs. AngUS observed that staff may have some Concerns with the issue of the
grade, and had not yet discussed It with the applicant.
DIsCUSSIOn was held among the Councilmembers, In which several questions were
raised. In response to these, staff advised that (1) the proposed community would be
gated; (2) 15% of its total occupancy would be dedicated to low-income and/or senior
housing; (3) the drainage Issue for the property would be adequately addressed; (4) the
driveways providing ingress and egress to the units were adequate, and (5) anV parking
violations would be governed by the Codes, Covenants & Restrlctlons of the Homeowners
Association. Both the parcels to the east and the west of the proposed site have been
developed; however, there is a possibility the developer may purchase one of those
parcels. NO comment has been received from adjacent properly owner, CYpress College.
No further comments were offered, and MaVor Keenan closed the public hearing.
The Council had some concerns regarding the Width of the proposed driveway,
feeling that It may not be adequate to accommodat~ the larger sport utility vehicles, and
may pose a hazard for individuals backing out of the driveway onto LincOln Avenue.
Further, it was felt that staff should have an opportunity to resolve the grade separation
issue with the applicant, Because of these Issues, the consensus of the Council was that
the matter be continued to its next meeting on November 22, 1999, in order to provide
staff and the applicant an opportunity to address them appropriately.
A motion was made by councllmember S6ndhl, seconded by c6uncllmember
MCCoy, and carried by the following roll call vote that the city council continue
consideration of Tentative Tract Map No. 15727, with Conditions, and Conditional Use
Permit No. 98-13, with Conditions, until its next meeting scheduled for Monday,
November 22, 1999, and direct staff to address the issues Identified In the meeting of
November 8, 1999:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGilI, Sondhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
DEFERRED BUSINESS:
13. Continuation of Design Review Committee Permit NO. 99-22, Request to
Replace a Below-GrOund Waste O11 Storage Tank with an Above-Ground Storage Tank at the
Union 76 Station. Located at 9500 Valley View Street.
Communlty Development Director Angus presented staff's report for this item.
Mrs. Angus reminded the Councilmembers that the Item had been continued from the
meetings of September 27 and october 25, 1999, because of concerns expressed bV
Councilmembers MCCoy and MCGIII concerning the aesthetic Impact of replacing an
underground 011 storage tank with an above-ground 011 storage tank, and the elimination
of any soil contamination resulting from the existing underground tank.
In response to these concerns, the Orange County Health Care AgenCV Was
contacted, and advised staff that the orange County Environmental Health Division
carries the responsibility to monitor removal of underground storage tanks.
city staff then called the Environmental Health DIviSIOn tO Inquire about the
underground storage tank at the project site. Records at that agency indicated that the
underground tank had been removed, and that no vlslble signs of soil contamination had
been present. Tests of the surrounding soil were also made, but those results have not
Vet become available.
In addition, Mrs. Angus advised that the applicant was present in the audience, and
would be available to answer any questions.
FOllOwing the presentation of the staff report, the Mayor requested the applicant
to step forward to the podlure. Mr. Dan Schreck, owner of Universal Petroleum Services,
Inc., and Eric Mason of Tasco Marketing (formerly 76 Products/Circle I0 introduced
themselves.
Mr. Schreck confirmed for the Mayor that the underground tank had already been
removed, with preliminary findings Indlcatlng no contamination to the surrounding soil.
In response to a question posed by Mayor Keenan, Mr. Mason advised that it was a
10
CITY COUNCIL MINUTES NOVEMBER 8, 1999
nationwide policY of Tasco Marketlng to place oli storage tanks above ground whenever
possible, although there was no previous history of any problems with underground
tanks. councilmember MCCoy asked for the rationale behind this decision. Mr. Mason
responded that It was a dlrectlve Issued by their headquarters, and that sometimes it was
more cost-effective to do so.
Councilmember MCGIII noted that It was often more dlfficult to obtain liability
Insurance on an underground tank than for an above-ground tank, because the insurance
companles consldered an underground tank to present more of a rlsk.
The Mayor thanked the gentlemen for attending, and noted that all the concerns
expressed by the Council had been adequately addressed.
A motion was made by Councilmember MCGIII and seconded by Councilmember
McCoy that the City Council adopt the Resolution by title only, title as follows, approving
Design Review Committee Permit NO. 99-22, with Condltlons:
Resolution NO. 5174
A Resolution Of the Clty Councll of the Clty of Cypress
Approvlng Design Review Committee Permit NO. 99-22, with Conditions
The motion was carrled bY the following roll call Vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
I COUNCILMEMBER:
MCCOy, MCGIII, Sondhl, Keenan
None
Pler, cy
NEW BUSINESS:
14. Request to Remove a Parkway Tree at 4278 Livermore Place.
Mr. Jeff Slnn presented staff's report regardlng thls request from Mr. A.W, Smith to
remove a parkway tree at 4278 Livermore Place received on October 21, 1999.
Mr. Slnn stated that the tree In question m~t none of the criteria established bV
the City Council for tree removal. It Is an approximately 25-year old Carrotwood tree with
a trunk diameter of approximately nine Inches (9"), which sits In a 3' x 3' tree well, and
which was listed on the Clty's approved list of trees. Currently healthy, the tree had no
documented history of causing damage to the sewer system or to other facilities.
However, the tree has caused minor sidewalk damage, and Is on the Sidewalk repair
inventory list, at which time any roots interfering with the sidewalk will be trimmed.
Mr. Slnn concluded by stating that staff sought City Council direction on this
matter.
The Mayor wanted to know If the Clty employee who allegeally pronounced the
tree to be "unhealthy" had been Identified; Mr. Slnn responded In the negative, and said
that the department manager had maintained that the tree was apparently healthy.
Councilmember Sondhl wanted to know when the sidewalk repair and root trimming
would be effected; Mr. Slnn stated staff awaited Councll's declslon on this request to
remove the tree prior to scheduling a date and time to perform the repair. In response
to her further Inquiry, Mr. Slnn advised the repair could be completed promptly If the
request to remove the tree was denied.
Councilmember McCoy questioned whether this was actually the third occurrence
necessitating replacement of the concrete around the tree. Mr. Slnn said he was not
certain If it had been done three times, but that he was sure it was done more than once.
FOllOWing these comments, Mr. A.W. Smith Introduced hlmself. It was Mr. Smlth's
allegations that: (1) the tree has caused and will continue to cause sidewalk damage; (2)
the tree's roots are damaging his lawn; (3) the tree drops messy and acidic fruit on his
vehicles, resulting In paint damage; (4) the tree was seriously damaged by a truck colliding
with It some time ago, and he was Informed by a City employee that the tree "was not
very healthy", and (5) of the 15 trees on his street, 11 have already been replaced.
After Mr. Smlth's comments, the Councll had several questions. In response, Mr.
Slnn advised that while the tree was not on the Clty'S current approved tree list, it had
been at the time It was planted, and that quite a number of Carrotwood trees had been
replaced on the street. It was felt by the Council that because the tree was not on the
current approved list, is in questionable condition and has apparently caused and will
11
CITY COUNCIL MINUTES NOVEMBER 8, 1999
continue to cause damage, the appllcant's request could be granted, under Criterion No.
4 Of the Street Tree Removal llst.
Councilmember Sondhl Informed Mr. Slnn that the intent of the Council when
developing the criteria for tree removal was that only the current approved tree list be
considered when making recommendations regarding removal.
A motion was made by Mayor Keenan, seconded by Councilmember MCGIII, and
carried by the following roll call vote that the city Council of the city of Cypress approve
the request to remove a parkway tree at 4278 Livermore Place subject to the applicant
agreeing to replace the tree, with a 36" box, from the Clty's approved tree list:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, Sondhl, Keenan
NOES: O COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
15. Request to Remove a Parkway Tree at 6557 Reefton Avenue.
Mr. Jeff Sinn, Publlc Works Director, provlded the staff report for this request to
remove a parkway tree at 6557 Reefton Avenue.
Mr. Slnn advised that a request from Joyce QulnCana to remove the tree in
question had been received on September 20, 1999. The tree located at 6557 Reefton
Avenue Is an 18-year old Magnolia tree with a trunk diameter of ten Inches. The tree is on
the approved list, and Is seated In a 3' by 8' tree well. The tree is currently healthy with
no documented hiStOry of causing damage to the sewer system or any other facilities,
and meets none of the City Councll's established criteria for tree removal. Staff was
therefore seeking the Councll's direction regarding this request for removal.
Councilmember Sondhl wanted to know If any tree included on the Ci~/'s
approved list would not ultimately cause damage to the sidewalk, considering the limited
size of the tree wells. Mr. Slnn responded that most trees will eventually cause damage to
the tree wells, because of the relatively small size of the wells.
Councilmember MCGII[ said he had requested copies of tree reference guides from
Mr. Slnn's predecessor for each City Councilmember, and asked about the status of that
request. Mr. Storey advised that they have not been received for the Council, but that
books were available for Councllmember's perusal. Councilmember McGIII made a second
request for the books to be ordered.
Because of the damage caused to the adjoining wall caused by the tree, and the
fact that the damage will continue, the consensus of the City Council was that the tree
should be removed.
A motion was made by Councilmember MCGIII, seconded by Mayor Keenan, and
carried by the following roll call vote that the City Council of the City of Cypress approve
the request to remove the parkway tree at 6557 Reefton Avenue, subject to the applicant
agreeing to replace the tree, with a 36" box, from the Clty's approved tree list.
AYES: ZI COUNCILMEMBERS: MCCOy, MCGIII, Sondhi, Keenan
NOES: O COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
Because many people In the audlence were present for Item No. 19, the Donation
by FOCCA, Inc., of a bronze sculpture for the Civic Center Green, a motion was made by
Councilmember McGIll, seconded by Mayor Keenan, and carried by the following roll call
vote to move Item 19 forward on the agenda, to be considered prlor to Item NO. 16:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, Sondhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
RECREATION & PARK DISTRICT MATTERS:
Governing Board of Directors.
The Cypress City Council, Acting as the Ex O~ic/o
19. Approval of Proposal from the Frlends of Cypress Cultural ArtS, Inc., for
Donation of a Bronze Sculpture to be Placed at the Civic Center Green, West of the Library
Steps, as Recommended by the Cultural Arts Commission.
DIrector of Recreation and Parks Marvin DeCarlo presented the staff report for this
Item. At Its meeting of October 7, 1999, the Cultural Arts Commission voted to
recommend to the City Council approval of a proposal from the Friends of Cypress
12
CITY COUNCIL MINUTES NOVEMBER 8, 1999
Cultural Arts, Inc. (FOCCA), for donation of a bronze sculpture entitled, "who's Watching
Who?" to be placed at the Civic Center Green, west of the Library steps. The City Council
had approved In concept during its meeting of April 13, 1999, a proposal from FOCCA for
a donation from that organization of an outdoor publlc art sculpture with a possible
water feature.
Under the terms of the proposal prepared for the City Council, the cost of the
sculpture Is $27,000, which will be borne by FOCCA. Once Installed, the sculpture will
become the property of the City of Cypress, and the City is being requested tO absorb the
costs of installation, landscaping and the lighting of the sculpture. Staff's estimate
indicates that the costs for same will fall within the $9,000 amount available for this
purpose.
Mr. DeCarlo advlsed that the sculpture measures 48" high and 72" long and 32"
wide. Plans are to install It on a 24" in height base, and to landscape the base with river
rock. He said that no irrigation system will be required, and FOCCA Is requesting that the
landscape around the sculpture also Include a water pump which will create a water
feature cascading over the rocks. Installation of indirect lighting for the sculpture is also
being requested.
In addltlon, FOCCA IS requesting permlsslor~ to Implement a program in which
installation of a red brick walkway between the LIbrary and the Council Chambers will
take place. This will serve as a fundralser, with each brick being sold to patrons (whose
name[s] will appear on the brick[s] purchased) at a cost of $100.00 Per brick.
staff's recommendatlon was that the City Council, actlng as the ex officio
governing Board of Directors for the Cypress Recreation and Park DistriCt, (,1) approve the
proposed public art structure to be donated by the Friends of Cypress Cultural Arts, Inc.,
and placed on the Civic Center Green Just west of the Library, as recommended by the
Cultural Arts Commission; and (2) approve allocation of available funding of $7,500, and
appropriate $1,500 from previous year's donations to the Cypress Recreation and Park
District Art In Public Places AccOunt, NO. 4186-12-538-29 for installation of the sculpture;
and (3) approve disbursing a total amount not to exceed $9,000 for the installation of the
sculpture.
In response to several questions posed by Councilmember Sondhi regarding the
diameter and height of the base for the sculpture, Mr. DeCarlo advised that the
dimensions provided were flexible, and were suggestions provided by FOCCA. Mr. Slnn
interjected that decisions regarding the actual dimensions of the base have not Vet been
flnallzed. He informed the Councilmembers that several Ideas for the final design of the
elements In which the sculpture will be placed have not yet been developed, but will be
submitted for the Councll's approval prior to any final decisions being made.
Mr. DeCarlo Concluded by Introducing Ethel Bowman, the President of Friends of
Cypress Cultural ArtS, who was available to respond to any questions.
The Mayor registered his support for the concept of the installation, and invited
Ethel Bowman to step forward and identify how the location for installation of the
sculpture had been suggested. Mrs. Bowman said that another location had originally
been proposed, and Invited Gay Hannah and BeL'~y Koester to step forward. Mrs. Bowman
advised that the same sculpture had been installed on a 2' base in Loveland, Colorado.
She added that benches around the sculpture had been suggested so that people could
enjoy the View and the surrounding area.
Ms. Hannah and MS. Koester Introduced themselves. Ms. Koester advised that
several artists had been Consulted regarding the placement of the sculpture, and all had
recommended a base height of 2' as appropriate. This height will protect the art from
potential impacts with skateboards, bicycles and other hazards.
Councilmember Mccoy volced hls support of the personallzed, brick path that had
been proposed to held defray the costs of the installation. He offered to purchase a
brick, and requested that one be reserved In hls name. Councilmember MCCOV thanked
everyone from FOCCA who partlclpated In acqulrlng thls plece of art.
The City Attorney suggested that If the Council was Inclined to approve the
proposal, it do so with the added caveat that final design for the project be subject to
the Council's review and approval.
A motion was made by Councilmember McGIII, seconded by Councilmember
Sondhl, and carried by the following roll call vote that the city council of the city of
Cypress, acting as the ex officio governing Board of DIrectors for the Cypress Recreation
and Park DiStriCt: (1) Approve the proposed public art sculpture to be donated by the
13
CITY COUNCIL MINUTES NOVEMBER 8, 1999
Friends of Cypress Cultural Arts, Inc., and placed on the Clvlc Center Green, west of the
Library, as recommended by the Cultural Arts Commission; (2) approve allocation of
available funding Of $7,500, and appropriate $I,500 from previous year donations to the
Cypress Recreation and Park DistriCt "Art In Publlc Places" account No. 4186-12-538-29 for
Installation of the sculpture; (3) approve the sale of personallzed bricks for a walkway in
the civic Center Green, the proceeds of which shall go to FOCCA tO assist In defraylng the
cost of the sculpture; (4) approve disbursing a total amount not to exceed $9,000 for the
Installation of the sculpture; and (5) approval Is granted with the contingency that the
final design of the sculpture placement and base and the design of the walkway be
submitted to the city council for final review and approval:
AYES: 4 COUNCILMEMBERS: MCCOy, McGIII, Sondhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
18. Approval of Proposal to Permit Advertising at the Arnold/Cypress Park Roller
HOCkey Rink, as Recommended by the Recreation and community services commission
on October 19, 1999.
The staff report for this item was presented by Recreation & Park Director Marvin
DeCarlo. Mr. Decarlo advised that approval was sought to permit advertising at the
Arnold/Cypress Park Roller Hockey Rink, and was recommended for approval on a trial,
one-year basis by the Recreation & Community Services Commission on October 19, 1999.
The advertising would be placed on the 'dasher panels" (wooden side boards along the
inner portion of the rink).
While commercial advertlsing In publlc parks Is not allowed by City policy,
advertising may be put Into place on a day-to-day I~asls during the hours the facility is In
use. It must be removed at the end of the use each day.
A policy specifically addresslng paid advertising on publlc property is not
contained In the current City of Cypress Municipal Code.
Staff's recommendation Is that the City Council, acting as the ex officio Board of
Directors of the City of Cypress Recreation and Park DIStriCt, approve advertising at the
Arnold/Cypress Roller HoCkey Rink inner dasher boards to create revenues to the CIty, on
a one-year trial basis, as recommended by the 'Recreation and Community Services
Commission.
The Mayor was of the opinion that the placement of the advertlsing would be
acceptable, and that the resultant fund-raising would be welcomed. In answer to a
question posed by Councilmember Sondhl, the council Was informed by Mr. DeCarlo and
the city Attorney that similar advertlslng programs for other sports activities in the City
could follow, depending upon the success of this trial program. The City Attorney
advised that the venue of the roller hockey rink was Ilmlted In nature, and it would be
difficult for advertisers In other sports areas to meet the conditions matching those of
the roller hockey rink (Le., the advertising area Is limited to the dasher boards, and will
not be visible to the general public because of Its physlcal placement).
Councilmember Sondhl expressed the wish that any revenues generated be placed
In a general fund, so that the money Is available for any City-sponsored sports activity.
Councilmember MCCOy asked about regulation Of the advertisers, and whether it
could be effected in sports facilities utilized by both adults and children. The City
Attorney responded that better control can be maintained when an activity involves
minors. The City Councll wished to ensure that no advertising potentially offensive to
minors be allowed In the faclllty.
Mr. DeCarlo added that additional control of the advertlslng will be maintained by
the fact that the ads will be taken down after each event.
The Interlm City Manager confirmed that any.revenue will be directed to the Parks
& Recreation Department General Fund, and any declslon regarding Its ultimate allocation
will be made by the City Council.
Councilmember MCGIII stated he would be In favor of approving the program,
provided the revenues were directed to the Recreation & Parks General Fund, and that
the advertlslng be allowed with the proviso that no advertising potentlally offensive to
minors be allowed.
A motion was made by Councilmember MCGIII, seconded by Mayor Keenan, and
carried by the following roll call vote that the City Council, acting as the ex officio BOard
Of DIrectors for the Cypress Recreation & Park District, approve the proposal to permit
14
CITY COUNCIL MINUTES NOVEMBER 8, 1999
advertislng at the Arnold/Cypress Park ROller HOCkey RInk, as recommended by the
Recreation and Community Services Commission on october 19, 1999 and incorporating
the changes suggested by the city Council; said approval to be granted on a trial basis to
be reviewed by the City Council one year from date of Initial approval:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, Sondhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Plercy
AS instructed by the City Attorney, the Mayor adjourned the meeting of the City
council as the ex offlclo Board of Directors of the City of Cypress Recreation and Park
DiStriCt at 9:40 p.m.; reconvenlng as the Cypress City Council to consider the balance of
the agenda.
NEW BUSINESS (Continued):
16. ReaDDolntment to the Cable Televlslon & Technology commission.
Asslstant to the clty Manager June Llu presented staff's repo~ for this item. The
first terms of office of Cable Television and Technology Commissioners Beverly Martin
and NelSOn Hatper will expire on November 30, 1999. EaCh Of these commissioners has
indicated the wish to be re-appointed for another fOur-year term to the Commission.
The Mayor added that the Cable commission Is In the midst of negotiations for
renewal of the CIty's cable contract. He asked what the attendance records of the
CommiSsioners were. MS. LIU advised that out of 45 meetings, Commissioner Mar~in
mlssed none. Commissioner Harper, who has Just been elected as the CATV Commission
Chairperson, missed only five (because of health concerns).
A motion was made by Mayor Keenan, seconded by Councilmember McCOy, and
carried by the following roll vote that the City Council of the City of Cypress re-appoint
Cable TV and Technology Commissioners Nelson Harper and Beverly Martin to a second
four-vear term, to expire on November 30, 2003:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, Sondhl, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: Plercy
17. Approval Of Commercial Warrant LIsts for Warrant Nos. 40406-40624
A motion was made by Councilmember Sondhl, seconded by Councilmember
MCGIII, and carried by the following roll call vote (with Mayor Keenan abstaining on
Warrant Nos. 67817, 67818 and 67819) to approve the City of Cypress Commercial Warrant
List for Warrant Nos. 40406-40624, totaling $2,237,356.25, as presented:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGilI, Sondhi, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: Plercy
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Cypress Redevelopment Agency.
The Cypress City Councll, acting as the
There were no matters to consider.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS~
Because of the lateness of the hour and the necessity for the council to adjourn to
Closed Session, Mayor Keenan advised the Council Representative Comml~ee Assignments
would be deferred to the next regular meeting of the city council.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Paula English, Chalrperson of the Cypress cultural Arts Commlsslon, addressed the
Council. She wished to clarify an Issue related to Agenda Item No. 19, regarding the
donation of the sculpture by FOCCA.
MrS. English lauded the efforts of the Frlends of Cypress Cultural Arts. She stated
that when the concept was presented to the Commission, It was presented as a
"package." She said, however, that the location suggested was not subject to input from
the Commission; rather, It was the only location that FOCCA wished to be considered.
15
CITY COUNCIL MINUTES NOVEMBER 8, 1999
Alexandrla Coronado, Cultural Arts Commissioner, addressed the Council. Ms.
coronado also commended the efforts of FOCCA In donating the sculpture. Additionally,
Ms. Coronado identified several of her concerns: (1) the design Was Incomplete, and the
cost for Its Installation was, therefore, unknown; (2) the paperwork received from staff by
the Commission Indicated that only 10% of the $8,000 In the Cultural ArCS Commission
Fund could be spent for the FOCCA statue, which would translate to only $2,700; not
$9,000. Finally, (3) the paperWork the Cultural Arts Commission received from FOCCA
indicated that the sculpture would be placed In the walkway. This would prove to be an
impediment to pedestrian traffic, as well as to handicapped people. She suggested that
it be moved to a more suitable location.
The Mayor Informed MS. Coronado that the City Council had placed a $9,000 limit
on the funds expended for the project, and that further expenditures will be reviewed
when the plans are available. MS. Coronado added that the Commission would like the
Council to insure that the $8,000 be made available for other identified cultural needs In
the City, and not all for the statue.
DOn Wesling addressed the Council. He wanted to know If WD-40 could be applied
to the Council Chamber doors, as they squeak when moved.
Councilmember McGill Said he and his children had artended theI cypress Civic
Theater Guild production of "Rumplestlltskln"; and uf'ged everyone with children to see it.
Mayor Keenan advised that the Lincoln Avenue Streetscape Dedication Ceremony
was well attended, and included former City Manager Mark Ochenduszko. The Mayor
added that the project is 99.9% complete. He said that Phase 2 Is now in place to assist
current business owners as well as to help new business owners.
WRITTEN COMMUNICATIONS:
For Matters Not on the Agenda.
There were no matters to consider.
At 10:00 p.m., Mayor Keenan adjourned the meetlng to a closed Session, in order
to discuss the remaining two agendlzed items.
REPORT OF CLOSED SESSION:
The ClOy Attorney advised that durlng the closed session, a conference with Legal
Counsel - Existing Litigation Was held (CaLGovt, Code§ 54956.9[a]) in which the city
Attorney reported on the status of Via Maria. Inc., v. CI~v of O/Dress. et al., USDCC NO. SACV
98-171 AHS (EEX), and Conference with Real Property Negotiator (CaLGovt. Code§ 54956.8),
re property located at 11411 Valley View Street, regarding negotiations between the City
of Cypress and Warland Investments was discussed. No action Was taken bV the Council.
ADJOURNMENT:
There being no further business to consider, Mayor Keenan adjourned the meeting
at 10:48 p.m.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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