Minutes 99-07-26MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
JULY 26, 1999
A regular meeting of the City of Cypress CItY Council was called to order at 5:04
p.m. by Mayor Keenan In the Board Room, West Wing of CIty Hall, 5275 Orange Avenue,
Cypress, California,
PRESENT: Councilmembers MCCOV, Sondhi, Mayor Pro Tern Piercy, Mayor Keenan
ABSENT.: Councilmember MCGill
Also present were City Manager Ochenduszko, City Attorney Wynder, and staff
members LIU, AngUS, Storey and HensleV,
WORKSHOP SESSION
A Workshop Session was held with the city Council for the purpose of reviewing
the financial impact of potential land uses for the Wicker Drive properties. The workshop
was Intended to provide background on the land use studies conducted to date, and to
provide the City Council with financial analyses concerning various residential land use
alternatives. The objective was to inform the Council regarding the current status of the
properties, and to obtain direction from Council on whether to pursue residential
development of the Wicker Drive property.
community Development Director Alice Angus provided the background
concerning the acquisition of the property, and the various studies conducted over the
years concerning its potential use/uses. Consisting of approximately 7.5 acres, it is
entirely owned by the Redevelopment Agency and the City of Cypress. MOSt of the
existing zoning (5 acres) is RM-20 (High Density Residential) and the other 2.5-acre parcel
fronting Orange Avenue is zoned OP-10000 (Office Professional). The zoning was last
reviewed by a subcommittee at the time of the last General Plan update. While the
subcommittee did not recommend changing the zoning, the need to incorporate a civic
center use on the property was noted.
A very large committee consisting of 21 community members reviewed various
options for the land use in 1996. Several different uses were ultimately suggested,
including a Fire Department consolidation facility, a Police Department expansion, a Civic
Center expansion, a senior center facilitY, and residential development.
Staff Was directed to focus on the area of residential development of this area,
with a portion of the site being maintained for public use and possible expansion of civic
center type activities.
Several financial scenarios were developed projecting revenue to the City from
different land use options. These were presented to the Council by Director of Finance
and Administrative Services RiChard Storey. In making these presentations, Mr.storey
explained to the Council that out of all these options, the higher the density of
residential development, the larger the financial return the land use Would bring to the
Agency.
COUNCILMEMBER MCGILL ARRIVED AT 5:45 P.M.
Mr. Storey explained the substantial debt which had been accrued in acquiring the
property, and explained that unless the Council was willing for the funds to be written
off as a General Fund liability, ways must be developed tO obtain the revenue to satisfy
the debt. He stated that the City is often contacted by developers wishing to construct
housing on the property. The City Manager said the inquiries Included questions for all
varieties of housing, from single-family to multiple-unit types.
Mayor Keenan thanked Mr, Storey for his work in preparing the financial
projections. He noted that they needed to be formatted in a simpler, easier to
understand context, and resubmitted to the Council at a future time.
Several individuals Were present at the workshop who had been on the 21-
member citizen committee which reviewed land use options In 1996. At the conclusion
of the workshop session, the Mayor Invited their comment.
CiTY COUNCIL MINUTES JULY 26, 1999
Mrs. Nancy Draper introduced herself. She noted that when she had worked on
the Committee in 1996, it had been determined that the community was interested In
developing a public use on the Wicker Drive site. She stated that she and her associates
were attending the workshop in order to provide some input regarding this, before a
decision was made on the ultimate use of the property. She pointed out that there was
an issue of public trust involved.
The Mayor responded by saying that he was very familiar with the issues involved,
and that the Councll was aware and had read the WIcker Drive Report. He thanked her
for her input, but reminded her that the economic realities have a Way of "coming to
roost"; and the plans of the 1960's are not always viable in the 1990's.
The City Manager reminded the Council that the purpose of the workshop was to
show the Council what the financial and the land use implications are, not to make a
decision of what to do with the property. Secondly, staff was seeking direction to
determine what type of public use the Council envisioned to be established on the site,
so that the financial implications could be determined appropriately. He suggested that
those discussions take place when the matter is brought back to Council.
RECESS:
At 6:10 p.m., Mayor Keenan recessed the meeting to the City Council Chamber
Conference ROOm, to enable the Council to enter into Closed Session to discuss the
scheduled items.
7:00 P.M. SESSION:
The meeting reconvened at 7:08 p.m.
PRESENT:
Keenan
Councilmembers MCCOV, MCGIII, SOndhi, Mayor Pro Tern PiercV, Mayor
AlSO present were City Manager Ochenduszko, City Attorney Wynder, and staff
members Angus, Scholl, DeCarlo, Hensley, Storey, Casados.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tern Plercy led the Pledge of Allegiance.
INVOCATION:
City Attorney Wynder gave the invocation.
PRESENTATIONS:
Mr. ROy Brown, an aquatics specialist contracted by the Cypress Recreation & Park
DiStrict for 35 years, was presented with a Mayor's Proclamation by Mayor Keenan on the
occasion of his retirement.
Mr. Brown expressed his thanks, and regaled the audience with several anecdotes
of various events which occurred during his career.
REPORT OF CLOSED SESSIONNVORKSHOP AGENDA:
The City Manager reported the City Council had met at 5:00 p.m. to talk about
Wicker Drive and the potential uses of that property. The purpose of the workshop was
to bring the Council up-to-date on the financial implications associated with the Wicker
Drive property and associated land uses. In addition, zoning for the area was discussed.
No determination regarding potential uses of the Wicker Drive property was made;
the Workshop Session was held for merely informational purposes. The intent was that
the council be fully informed of the implications associated with making a land use
decision for the property.
The City Council asked that staff develop a process for studying land uses on
Wicker Drive, and submit it to them at a regular Council meeting so that the Council can
direct staff regarding the implementation of a procedure to study making a land use
determination on Wicker Drive.
The City Attorney advised that three closed session items were discussed that
evening. The first, held under the authority of CaLGovt. Code ,~ 54956.9(b), was a report in
regard to a code enforcement case. The non-compliance of the violator Was discussed,
2
CITY COUNCIL MINUTES JULY 26, 1999
and the City Council, with Mayor Keenan abstaining, authorized the City Attorney to
initiate appropriate legal action to secure compliance with the City of Cypress Municipal
Code.
The second Item concerned a conference held with legal counsel, pursuant to
GOvr. Code § 54956.9(a). This conference was In regard to litigation in which the city is a
party; i.e., Via Maria, Inc. v. City of Cypress, et al. A global settlement In the case has been
negotiated; however, signatures of all the parties have not been obtained. The
particulars of the case will remain confidential until all the parties to the action have
approved the settlement, after which time the information will become, available upon
request.
The third item concerned a Public Employee Performance Evaluation
(CaI. GovECode ,~ 54957) for the City Attorney. Because of time constraints, the Council
decided to continue consideration of that item to a second Closed Session which would
begin immediately after the business of the regular City Council meeting was completed.
City Attorney Wynder added that a late request had been received requiring the
Council's immediate attention. In order to be placed on the agenda for consideration,
the matter required a 4/5's vote of the Council.
A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember McCoV,
and carried bV the following roll call vote to add Item 17 to the agenda: "Request for the
City of Cypress to be listed as Amicus Curiae in Support of the City of Anahelm's Request
for supreme Court Review in Regard to the Matter of Gammoh V. City ofAnaheim, 4 Civ~
NO. G020502."
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, Sondhi, PiercV, Keenan
None
None
ORAL COMMUNICATIONS:
SPEAKING ONCE.)
LIMITED TO ONE-HALF HOUR. [THREE MINUTES PER SPEAKER,
The Mayor invited anyone In the audience who wished to Speak to come forward.
NO one responded, and the Mayor invited any Councilmembers wishing to speak to do so.
Mayor Keenan said that during the prior week, an event had occurred which he
thought would be appropriate to relate.
As background, the Mayor explained that during the early 1990's, a financial
recession had resulted in the elimination of several positions, including management
positions, in the Cypress Police Department. The Mayor applauded the courage of the
previous Council in making that difficult decision, noting that Gall Kerry, Cecilia Age, Walt
Bowman, Dick Parten and Joyce NiChOlsOn were on the Council at that time.
The Mayor remarked that he has heard many complaints since that time regarding
the cutbacks. He was, therefore, pleased to note that as a result of several factors,
including the hiring of a new police chlef and an improved economy, some promotions
had occurred in the Police Department, for which a badge-pinning ceremony had been
held the previous week. officers honored were Jlm weuve, who was promoted to
Captain; Jeff Kepley and DaVid Blrozy were both promoted to Lieutenant.
The Mayor stated there were now two Captains and three Lieutenants in the
Cypress Police Department, as per the recommendations made by an outside consultant.
The present Council has decided this level of staffing was appropriate for the Cypress
Police Department, and has restructured it to reflect these changes. The Council Is of the
opinion that these changes will strengthen the present force.
The Mayor registered his hope that some of the negative comments he has heard
over the past several years Will now cease as a result of this action. He noted that the
CoUnCil wOrkS very hard to address all issues appropriately, in order not to leave
unresolved problems for a future Council to resolve. The Mayor said the Council was
extremely fiscaliv conservative, and were led by a City Manager Who was also fiscaliV
conservative.
The Mayor said that the City was run on a "lean and mean" basis, and that all the
City staff were to be commended for operating so well In a flscally conservative
environment.
Councilmember Mccoy said that he had planned to wait until the end of the
meeting for his comments, but felt that the present time would be appropriate.
3
CITY COUNCIL MINUTES JULY 26, 1999
First of all, he commended the Community FeStival Committee for the fine job
done on the Festival at oak Knoll Park. Councilmember MCCOy said the park was an
excellent location for the festival, and would continue to work out well. He observed
that the Festival was very well-attended, and that all present appeared to be enjoying
themselves.
Councilmember McCoy said that a booth promoting the Cypress DOg Park had
been erected at the FeStival, and that overwhelming support had been received from the
public. Over 300 signatures were received in support of a DOg Park In Cypress. He
thanked everyone, and invited anyone having an Interest to become involved in the
project by calling (714) 494-0477.
The Mayor asked everyone to give those involved with the Festival a round of
applause.
Councilmember Sondhi remarked that she will not plan a vacation to conflict with
the date of the Festival next year.
The Mayor Pro Tern observed that the arablance of the park was extremely
satisfactory, and that she had thoroughly enjoyed herself.
The City Attorney noted that the Police chief had suffered a record amount of
"dunks" caused by the very accurate aim of the City Manager.
AWARD OF CONTRACTS:
1. Award of Contract to assist Staff with the Preparation of the City of cypress
General Plan Update and Environmental Impact Report (EIR).
AliCe Angus, Community Development Director, presented the staff report for this
item. Ms. AngUS explained that California law requires each city and county to adopt a
General Plan, and that the plan be updated on a regular basis. Further, each General Plan
must have seven elements: land use, circulation, housing, conservation, open space, noise
and safety. The City Of Cypress' General Plan was last updated in 1993. Updating the plan
was included as part of the Work Plan for this year, and different CIty departments have
been working on the portions relevant to their responsibilities.
Although professional service contracts are not subject to formal bid, Requests for
Proposals (RFPS) were issued to six (6) firms specializing in the preparation of land use
plans and associated environmental documents. Two of those firms responded, with
RObert Bein, William FrOSt & Associates (RBF) submitting the low bid In an amount not to
exceed $164,960.
Funds have been budgeted for the General Plan Update In the amount of S120,000.
In addition, the additional $58,566 Is available in ACCOunt NO. 4189-40-198-06, the AB 2766
(air quality) fund. Staff's recommendation was that the city Council award a contract for
the preparation of a General Plan Update and Environmental Impact Report (EIR) to
Robert Bein, William FrOst & Associates in an amount not to exceed $164,960.
Councilmember Sondhi observed that the budget process for 1999-2000 had just
been completed. She questioned why S120,000 had been budgeted, and wanted to know
why there was a cost discrepancy. She asked if It was originally anticipated that funds
from the AB 2766 monies would be used for this purpose. MS. AngUS responded that it
was planned to use the AB 2766 funds to fund a portion of the cost, and that the $120,000
was actuaIly a carry-over from the previous budget year.
Councilmember MCCOy asked how frequently Envlronmental Impact RepOrts have
to be completed. He wanted to know if one had to be done each time a change was
made to the General Plan. Ms. Angus responded that it depended upon the complexity
and scope of the change being made. She explained that if the modification did not
affect the entire Plan, environmental documents such as a Negative Declaration or a
Mitigated Negative Declaration only may be required.
The Mayor asked if the individuals completing the work, as named in the contract,
would be those actually completing the work. MS. AngUS responded in the affirmative,
noting that the language of the contract provided that those assigned would be the
individuals actually completing the work.
A motion was made by Councilmember Sondhi, seconded by Mayor Pro Tern
Piercy, and carried by the following roll call Vote that the City Council award a contract to
4
CITY COUNCIL MINUTES JULY 26, 1999
prepare the City of Cypress General Plan Update and Environmental Impact Report to
Robert Bein, William Frost and Associates (RBF) In an amount not to exceed $164,960:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, MCGilI, SOndhi, PierCy, Keenan
None
None
2. Retention of Professional Architectural Services for Replacement of the
Fascia at Civic Center Buildings - Pubtic Works Project NO. 9913.
Interim Public Works Director, Stan Scholl, presented the staff report on this item.
Mr. Schoil reported that a Capital Improvement Project was approved to repair/replace
the deteriorated wood fascia trim on the Civic Center buildings. The breakdown of the
material was a result of normal weathering and termite damage.
The project will be completed in phases. Identification of alternatives for repair
and/or replacement of the fascia with appropriate materials will be completed in the first
phase. In the second phase, technical plans, specifications, and an estimate for repair will
be completed by the architect selected to do the work.
Funds in the amount of $150,000 were budgeted for this project. However,
because of advanced deterioration and resultant structural damage in some areas, It is
anticipated that the actual cost will Substantially exceed that amount, Staff will work
with the architect selected to prepare alternative approaches for the renovation.
Staff's recommendation was that the City Council award a professional services
contract to Robinson, Takahashl, Katz& Associates, in an amount not to exceed S8,750.00,
to provide recommendations for replacement/repair of the Civic Center fascia, and to
prepare final plans, specifications and an estimate for same.
Councilmember Sondhi asked why the buildings had been allowed to experience
the degree of deterioration presently occurring, without being maintained adequately.
Mr. Scholl responded that when the original, world-renowned architect, William
Pertera, designed the building, he did an excellent job. However, Mr. Scholi responded
that the City may have been operating under budget constraints at the time the
buildings were constructed, and no metal cap was placed above the fascia. Placement of
such a cap is standard, and would have protected the fascia from some of the water
damage. In addition, Mr. Schol] noted that wood was used instead of a more sturdy
material, which also may have been done because Of budget limitations.
Councilmember Sondhi asked if the architect would also be asked to suggest some
alternative materials to be used for the fascia, in order to prevent a similar problem
occurring at some point in the future. Mr. Scholl responded in the affirmative, and
stated that a metal cap would be installed above the fascia. He noted that the repair and
restoration would be done carefully, in order to preserve the aesthetics Of the building as
designed.
Councilmember Sondhi then asked If all City buildings were inspected for termite
damage on a regular basis. Mr. scholl responded that was being done, but he was not
certain if such inspections were conducted each year or every other year.
A motion was made by Councilmember MCGilI, seconded by Mayor Pro Tern Piercy,
and carried by the following roll call Vote that the City Council award a professional
architectural services contract for recommendations for replacement and preparation of
the final plans, specifications, and estimate for the repair or replacement of the fascia at
the Civic Center to Robinson, Takahashl, Katz& Associates, 2020 S. Robertson BIvd., Los
Angeles, California, 90034, for an amount not to exceed S8,750.00:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Mccov, McGilI, sondhi, Piercy, Keenan
None
None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by
the City Council to be routine and Will be enacted bY one motion approving the
recommendations listed on the Agenda.
Councilmember Sondhi requested that Item NOS. 5(a) and 9 be pulled from the
Consent Calendar.
5
CITY COUNCIL MINUTES JULY 26, 1999
Mayor Keenan requested that Item NO. 11 be pulled from the Consent Calendar.
Councilmember MCGill requested that Item No. 12 be pulled from the Consent
Calendar,
It Was moved by Councilmember McGill and seconded by Mayor Pro Tern Piercy to
approve Consent Calendar Item Nos. 3 through 11, with the exception of Item NOs. 5(a), 9,
11 and 12. The motion was unanimously carried bV the following roll call Vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCiLMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGIII, Sondhi, Piercy, Keenan
None
None
ItemNo. 3. Approval of CityCouncil Minutes of the Regular Meeting of July 12,
1999.
Recommendation: That the City Council approve the Minutes of the Regular City
council Meeting of July 12, 1999, as submitted.
Item No. 4. MOtion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 5(b). Approval of Design Review Committee Permit No. 99-19: Request to
Install Two (2) Building Identification Signs for the Arthur Andersen Business located at
6032 Katella Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, approvlng Design Review Committee Permit No. 99-19, with conditions:
ReSOlUtiOn NO. 5123
A Resolution of the City Council of the City of Cypress, Approvlng Design Review
Permit NO. 99-19, with Conditions
Item No. 6. Amendment to the City's Position Classification Plan Establishing the
Position of Police Services Officer and Establishing Compensation.
Recommendation: That the City Council adopt the job specifications for the
regular, full-time position of Police Services officer, and the Resolution, amending the
City's classification Plan and establishing compensation.
ReSolUtiOn NO. 5124
A Resolution of the City Council of the City of Cypress, Amending ResolUtion NO. 3574
bV Adding the Job Specifications and Establishing Compensation for the
Position of Police Services Officer In the Clty's Position Classification Plan
for Employees in the Service of the City of Cypress
Item NO. 7. Approval of Amendment to Salary Schedule for the Classification of
Recreation Coordinator.
Recommendation: That the City CoUnCil, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park DistriCt, adopt the Resolution by
title only, title as follows, authorizing an increase to the assigned salary range for the
position of Recreation Coordinator by 5% in fiscal year 1999-00.
Resolution NO. 5125
A Resolution of the City Council of the City of Cypress, and Acting
as the Ex Officio Governing Board of Directors of the Cypress Recreation and Park District,
a Subsidiary DiStriCt Of the City of Cypress, Amending the Assigned Salary Range
for the Position of Recreation Coordinator in the City's Position
Classification Plan for Employees In the Service of the City of Cypress
Item NO. 8. AdOptiOn Of Resolution Withdrawing Recognition of the Cypress Mid-
Management Employees' Association.
Recommendation: That the City COunCil, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park DiStrict, adopt the Resolution by
title only, title as follows, withdrawing recognition of the Cypress Mid-Management
Employees' Association.
6
CiTY COUNCIL MINUTES JULY 26, 1999
Resolution No. 5126
A Resolution of the City of Cypress City Council, and Acting as the Ex Officio
Board of Directors of the Cypress Recreation and Park DiStriCt,
Withdrawing Recognition of the
Cypress Mid-Management Employees' Association.
Item No. 10. Review of Investment Program for the Month of June, 1999.
Recommendation: Receive and file.
Item NO. 5(a). Approval of Design Review Committee Permit No. 99-18: Request to
Install a Safety Net Along the Cerritos Avenue Perimeter of the Cypress Golf Course
Located at 4921 Katella Avenue.
Councilmember Sondhi said that she had several questions to resolve regarding
DRC NO. 99-18. She questioned the number of 16" diameter, 50' tall poles to be installed
along Cerritos Avenue upon which the net would be mounted, the placement of the
poles, the visual impact of the poles, and the perceived need to maintain the existing
landscaping.
Community Development Director AliCe AngUS responded that the General
Manager and the Superintendent of the Golf Course were present, and would be able to
respond to some of the councilmembers concerns. She stated that the applicant was
seeking city approval to proceed, so that an engineer can be hired as the need to install
netting to restrain errant golf balls has been identified. Ms. Angus said that the netting
and poles will be installed on the golf course property. Any guy wires necessary to
support the poles which support the netting will be fastened to the golf course property,
and will not extend into the public right-of-way. Mrs. Angus stated that the pole height
of 50' will be both necessary and adequate.
The Mayor noted that some existing poles were located at the west end of the
project near Denni Street. Ms. Angus responded that the netting in that area measured
30', so was not as high as the proposed netting.
In terms of landscaping, Ms. Angus said that there had been no intentional neglect,
but the golf course had been experiencing problems with some of the shrubs not
receiving adequate sunlight because of the sheltering tree canopy. Staff had met with
the applicant to discuss this issue, and efforts to maintain the landscaping will be
continued.
Nicholas Afre, Golf Club Proprietor, addressed the Council. Mr. Afre explained that
six poles at 50' high would be Installed, to cover a distance of 250'. He added that each
pole would be held in place by two guy wires, which would be secured in golf course
property approximately 10' inside the property line. Mr. Afre said the net was a necessary
safety measure to protect the windows of nearby property owners and passing cars.
A motion was made by Councilmember Sondhi and seconded by Councilmember
MCGill that the City Council adopt the Resolution by title only, title as follows, approving
Design Review Committee Permit No. 99-18, with conditions:
Resolution No. 5127
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit NO. 99-18, with Conditions
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, Piercy, Keenan
None
None
Item No. 9. Adoption of Information systems Strategic Plan,
Councilmember Sondhi said that she had no questions about this item, but had
pulled it to applaud staff for efforts made in preparing a thorough and comprehensive
Information Systems Strategic Plan. She commented on the excellence of the document,
which anticipated the city's information systems requirements into the 21st Century.
Mayor Pro Tern Piercy said that she had planned to pull the item for the same
reason. She commended staff foF a job well done. She also asked for clarification
regarding the costs of the Clty's web page.
7
CITY COUNCIL MINUTES JULY 26, 1999
Richard Storey, Director of Finance & Administrative Services, responded that the
S25,000 cost indicated was the fee charged by the internet service provlder. He
explained that the fee currently approximated $1,300 per month, with fee increases
anticipated as the size of the web site expands. A small portion of the cost can be
allocated to consultants and training, but the majoriW is payable to the internet
provider.
The Mayor Pro Tern advised that plans had been developed for upgrading the web
page to provide for more interactive uses in the future.
Councilmember MCCoV asked how many hits were averaged per month on the
Clty's web page. Mr. Storey responded that the page was established in January, and that
the page Is now receiving over 6,000 visits per month.
The Mayor interjected that a counter is present on the page, which monitors the
hits on a day-to-day basis.
The City Manager advised that Information Systems Manager, DOn Casados, was the
leader in assembling the Strategic Plan, and is not recognized as often as he should be for
his efforts on behalf of the City.
Mr. Casados thanked the CiW Manager for his comments. He gave equal credit to
the 10 people who were on the Committee which developed the Strategic Plan, and
acknowledged the excellent support received from his staff. He said that a survey was
circulated which provided positive feedback as well as constructive criticism. He thanked
the Council for their comments.
The Mayor asked for and received a round of applause for Mr. Casados.
A motion was made by Mayor Pro Tern Plercy, seconded by Councilmember
Sondhi, and carried by the following roll call vote, that the city Council adopt the
Information Systems Strategic Plan:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGIII, Sondhi, PlercV, Keenan
None
None
Item NO. 11. Approval of Plans and Specifications and Authorization to Advertise
for Bids for Construction of Landscaped Parking Islands (Project NO. 9839), and Upgradinq
of Security Llqhting (Project No. 9845) at Arnold/Cypress Park.
The Mayor said he had pulled this item because he was concerned that some of
the street parking would be eliminated if the project Is approved.
Recreation & Parks Director DeCarlo responded that when the Arnold/Cypress
Renovation Project was first submitted, the lost parking spaces along Watson Street were
considered. He said that in consideration of these, 40 additional spaces were created on
the west side of the park, and an additional 20 spaces on the east side of the park.
Initially, 10 spaces were scheduled for removal from Watson Street. Through compromise
and working with City Engineers, this number was reduced to five or six spaces, only. He
noted there were 10 tree wells, but only six spaces. The sixth space IS In close proximity
to a red zone, and it is felt that the space could be incorporated into that area. This
would result in a loss of only five spaces.
The Mayor then questioned the size of the trees to be planted. Interim Public
Works Director Scholl responded that 30" box trees would be installed.
The Mayor Pro Tem wanted to know if the parking spaces would be restriped. Mr.
DeCarlo said there are approximately 60 parking spaces; some of these affected by the
project would be restriped. Mr. SChOII then advised that Star Pine trees would be planted,
and can grow to large sizes.
Councilmember Sondhi noted that she had also intended to pull this item, and
asked how many parking spaces had been gained during the renovation of the park. Mr.
DeCarlo advised that approximately 54 spaces were added. Councilmember Sondhi
observed that the intensity of the use had increased as a result of the roller hockey rink
being installed, and asked if there were any figures available reflecting the increased
attendance.
Mr. DeCado responded that there were no actual figures, but that for planning
requirements, adequate spaces for the level of activity at the park were in place. He Said
8
CITY COUNCIL MINUTES JULY 26, 1999
this does not account for special programming which may take place at the location. Mr.
DeCarlo noted that additional parking is available for park patrons at Kennedy High
SChOOl when special events occur.
Councilmember Sondhi asked if parallel parking spaces were still available on the
east side of Watson Street, or if they would be converted to angled parking. Mr. DeCarlo
responded that there will continue to be parallel parking spaces, and will not be angled.
A motion was made by Mayor Keenan, seconded by Mayor Pro Tern Piercy, and
carried bV the following roll call vote that the City Council approve the plans and
specifications and authorize staff to advertise for bids the Construction of Landscaped
Parking Islands (Public Works Project NO. 9839) and Upgradlng of Security Lighting (Public
Works Project NO. 9845), at Arnold/Cypress Park:
AYES: 5 COUNCILMEMBERS: MCCOV, MCGiII, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item NO. 12. Request from Cypress Pops Orchestra for Waiver of Fees for "Film
Tribute" Fundraiser to be Held at the Cypress Senior Citizens Center on September 17,
1999.
Councilmember McGill said this item was pulled because he wished to thank the
Pops Orchestra for its gift of music to the City of Cypress.
A motion was made by Councilmember MCGilI, Seconded by Councilmember
MCCOy. and carried by the following roll call vote that the City Council, acting as the ex
officio Board of Directors for the Cypress Recreation and Park DistriCt, approve the
Cypress Pops Orchestra's request for waiver of fees for use of the Senior Citizens Center
on September 17, 1999:
AYES: 5 COUNCILMEMBERS: MCCOy, MCGIII, Sondhl, PiercV, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARINGS: 7:30p.m. (Public comments restricted to ten minutes per
speaker, unless extended by the City Council.)
13. Public Hearing Regarding Conditional Use Permit No. 99-4 - A Request to
EstabliSh an Adult Day Care Center at 4470 Lincoln Avenue (Suites 1, 2 and 3).
The Community Development Director advised that this project had been
previously submitted approximately one month prior as Conditional Use Permit 99-2. The
Council had originally voted 4-1 to deny the application, without prejudice, after reading
staff's recommendation and receiving public input. Ms. Angus explained that the
Council's action eliminated the normal waiting period of one year prior to resubmitting
the application for the Council's consideration.
Director AngUS told the Council the application represented a request to establish
an adult day care health center in the shopping center located at 4470 Lincoln Avenue, in
Suites 1, 2 and 3. The space represents approximately 4,700 square feet in area.
A couple of modifications were made to the prior application. The applicant was
now proposing to dedicate some landscaped area for the adult day care use, and to
designate a couple of the existing parking spaces as a van loading/unloading area.
While staff recognized that adult day care is a service needed in the community,
there was considerable concern that the proposed location is not an ideal site for the
use. Because it is in a redevelopment project area for which a new specific plan Is in
place; staff did not feel that enough time has elapsed to determine whether the highest
and best use for the site can be met.
In addition, staff visited one of the appllcant's existing day care centers located in
the City of La Puente. They observed that the facility was well-kept. However, the
neighboring businesses could not report a beneficial impact upon the retail facilities as a
result of the use being in place, so staff Was not able to verify the appllcant's claim of a
beneficial impact as a result of the use being established.
Councilmember Sondhi asked how standardized the permitted land uses are
within each zoning category. She pointed out that with the issuance of a Conditional Use
Permit, day care is a use which can be considered in the Commercial Mixed Use zoning
designation.
CITY COUNCIL MINUTES JULY 26, 1999
The CommunitY Development Director responded that in developing the land use
matrix for the Specific Plan, each zoning area and its tYpically permitted uses were
reviewed with the council in workshops and through the public hearing process. She
explained that when a Conditional Use Permit is required, it means that a use may be
permitted if the conditions are conducive to doing so. The requested use is considered a
quasi-institutional use. As there is already a day-care center in place in the center,
approval of this request may tip the balance, and will not provide an appropriate mix for
the center to support a lot of retail or office/service uses in the future.
At the conclusion of Staff's presentation, the Mayor asked the applicant to step
forward. Mr. Mark Brazeau, property manager of the Mission Shopping Center,
introduced himself. in reference to the staff report recently prepared for this project,
Mr. Brazeau referred to the fact that staff had visited the appllcant's adult day care
center located in La Puente and received negative comments from the tenants and
neighbors in regard to increases in business and traffic. Mr. Brazeau said that staff did
not visit the La Puente location, but visited the day care center in West Covina.
Mr. Brazeau said he visited the West Covina center earlier in the daY, and had
secured signed statements from the managers of the Staler BFOS. Market, the dental
office, the Mexican restaurant, the Goodwill Thrift Store, and the automotive store.
These statements alleged that the adult day health care center has increased the flow of
traffic and the amount of business in the center.
Mr. Brazeau said he had spent the afternoon at the site of the proposed project in
Cypress, obtaining over 100 Signatures from business owners, customers, and local
residents. He stated he received an overwhelmingly positive response from all he spoke
with. Mr. Brazeau said he had also received signatures in support of the project from
each business owner located in the Mission Shopping Center.
Mr. Brazeau observed that an obvious need for this tYpe of service exists in the
community. He stated that even if the day care center is not the ideal use for Lincoln
Avenue, it is a good use and will benefit the communitY as well as demonstrate the City's
concern for the welfare of the communitY's senior citizens. Mr. Brazeau thanked the
Council, and requested their assistance in approving the project.
In reference to the applicant's report of experiencing difficultY in renting this
space to a retail concern, Councilmember Sondhi asked about the occupancy rate in the
other Mission Center suites. Mr. Brazeau responded that other than the area in question,
the Center was currently at 100o,6 occupancy. Because of its location, it is not ideal for a
retail use, which accounts for the difficultY in renting the space over the past seven
years. He said that the LinCOln Avenue construction and the 605 Freeway development in
Carson had also had negative impacts on their abilitY to rent the space.
Mr. Brazeau said the applicant did not Intend to destroy the Lincoln Avenue
Project, and that they were cognizant of what the City was intending to accomplish.
They asked for similar consideration from the CitY, noting that the center had been built
23 years ago and kept up nicely over the years.
Mr. Brazeau noted they had received positive responses from similar uses they had
developed in other areas.
Mayor Keenan asked where the van drop-off space was to be added; Mr. Brazeau
referred him to the plan, saving it was difficult to describe. However, he did indicate
that it was at a location situated near the end of the building where it was easily
accessible and should result in no negative traffic Impacts.
The Mayor remarked upon the steepness of the grade for the area to be
landscaped behind the units. Mr. Brazeau responded that some grading and landscaping
would be done to improve the area. The Mayor then mentioned that a concern raised
was that the clients may look for fresh air in the front of the facility, and that it would
not be desirable to locate tables and chairs in front of the unit. Mr. Brazeau responded
that some tables and chairs are located in front of the West Covina site, but that any
patio furniture would be located in the area to be landscaped behind the unit for the
Cypress Site.
The Mayor then opened the public hearing and requested input from anyone in
favor of the project. FirSt to speak was Edward Rodarte, City Councilman and former
Mayor of La Puente. Mr. Rodarte complimented the City on its efforts expended on the
Lincoln Avenue project. Mr. Rodarte provided a history of how he was initially opposed
to the adult day care project when it was originally submitted in La Puente, and how he
eventually became one of Its strongest supporters.
10
CITY COUNCIL MINUTES JULY 26, 1999
Mr. Rodarte said that once the project had finally been approved, it received an
excellent response from the community and provided many benefits to the La Puente
senior citizens. He stated that it had constituted something like a senior center, without
any impact on the City's general fund.
At the conclusion of these remarks, Mr. Paul Brazeau, the applicant, addressed the
Council. Mr. Brazeau said the Mission Shopping Center had been built 23 years ago at a
cost of 2.5 million dollars, and that property taxes of approximately $30,000 per year were
paid on the property for about 24 years. He said that the units In question had not been
rented for seven years. Mr. Brazeau said their agreement with the day care center owner
involved a 10-year lease, representing approximately $700,000 in future income which
would be lost if the use is denied.
Mr. Brazeau acknowledged that while the use may not generate sales tax for the
City, it will provide a needed service. He said that this was one of the goals outllned in
the City's redevelopment plan. Mr. Brazeau Indicated his willingness to repaint the
shopping center, and repaint the existing monument sign which had become dirty as a
result of the Lincoln Avenue construction. He also said the area behind the building will
be reserved for the seniors.
Councilmember Sondhi asked if improving the Signage for the MISSion Shopping
Center had been discussed with staff. Mr. Brazeau indicated that originally, the signage
for the facility had been placed under the eaves. It was subsequently moved to the top
of the units, which also proved difficult to see. Mr. Brazeau then returned to the subject
of how the use will not provide sales tax for the City, but will produce 18 more jobs.
Edward Rodarte asked to make another comment, and the Mayor requested that
he approach the podlure. Mr. Rodarte suggested that it might be feasible for the City to
impose stringent conditions in exchange for allowing the project.
The Mayor then asked about the area for outdoor recreation and its placement,
noting that it appeared to be somewhat offset from the units. Ms. Angus verified that
was correct, and created an area of concern for staff as well. She suggested that the
applicant may be better prepared to address this Issue.
Mayor Pro Tern Piercy asked what Was located directly behind the units. MS. AngUS
responded that there was a sloped area planted with iceplant and terminating in a
drainage swale located in the rear of the property. She also noted that there is a
concrete walkway in the back of the unlts. The Mayor Pro Tern said she wished to
determine if there was appropriate access for the seniors behind the units.
The Mayor asked if there were any plans in place regarding fencing or supervision
for the clientele if the area designated was to be used for recreation. Mr. Paul Brazeau
responded that the area in question was 250' long by 20' wide. He indicated his
willingness to fence the area. Mr. Brazeau also acknowledged that there was currently a
slight slope to the location, which was planted with trees and Iceplant. Grading will be
done on the area to correct the slope, and grass will be planted to replace the iceplant.
Picnic tables will also be placed on the site. He said that to the rear of the units, there are
two or three exit doors which lead to a 3- or 4-foot concrete walkway that runs along the
length of the building.
Mr. Brazeau added that when one of the clients goes outside, supervision is
provided on a one-on-one basis; unaccompanied clients are not allowed outside.
Councilmember Sondhi asked if it would be possible for vehicular traffic to access
the proposed recreational area, and was assured by Mr. Brazeau that it was not.
Councilmember Sondhi wished to ensure that possibility would not be a safety
consideration.
No further comments were forthcoming, and the Mayor closed the public hearing.
Councilmember McGill asked staff to address the comments made by the
applicant, who alleged that staff had not visited the La Puente site, but, rather, the West
Covina location. Director Angus stated that the applicant was correct on this issue, and
that staff had made an error in identifying the site visited. She said that staff had
actually viewed both locations, but it was the West Covina site that they had Visited.
As a response to Mr. Brazeau's remarks that staff had alleged negative comments
from the neighboring business owners, there were no negative comments received;
neither had any positive comments been made by the individuals questioned in regard to
increased business resulting from the establishment of the day care center. Ms. Angus
11
CITY COUNCIL MINUTES JULY 26, 1999
said that when meeting with the applicants, staff had advised them to provide as much
documentation of community support as could be mustered for the project.
The Mayor noted that the letters of support included letters from the merchants
in the MiSSiOn Shopping Center, as well as a petition signed by citizens. The Mayor noted
that the petition had been signed by Ken Blake, Mayor of the City of La Palma, and MrS.
Blake. However, he noted that he saw no letters of support from the center in West
Covina.
Councilmember Sondhi asked how long the West Covina operation had been
operating. Ms. Bona Parayno, director and owner of the day care center, responded that
it had been in business for more than a year.
Mayor Pro Tern Piercy advised that initially she had been in favor of this project, as
it fulfilled a need in the communiL-y. She stated that her mind had changed when a
comment was made by Councilmember MCCOy, tO the effect that many dollars had been
spent on the Lincoln Avenue Project, and it had not yet been given a chance to see
results. However, she feels that because of the location of the units, because of the need
to support local businessmen, and because the day care center is a viable use, she has
returned to her original position of supporting the project. She stated that the project
entails specialized circumstances which warrant an exception to the rule, and that seven
years was a long enough period for the units to remain Vacant.
The Mayor Pro Tem observed that while establishing this use will in no way satisfy
the entire community need for this type of facility, it will address a small part of It, while
leaving plenty of room for the establishment of other adult day care facilities in the
community. She indicated her support for the project.
Councilmember MCGill observed that he was under the impression a karate studio
had been set Up in the location. Mr. Paul Brazeau responded that the business owner
could not afford the rent in that location, and had subsequently moved to a smaller suite
in the Center.
Counciimember MCGill referred to the staff report, and indicated that he would
never argue with the concept that a need exists for multiple adult day care facilities in
the City of Cypress. However, he noted It was hls oplnlon that strict enforcement of the
rules should apply to all applicants, as It had to those applying for automotive uses and
the visions of motels and plans for Llncoln Avenue. He noted that the project does not
provide In any way for the betterment of the redevelopment area. While acknowledging
that the project provided a much-needed service for the community, many other
locations would be more appropriate, and would not be in conflict with a redevelopmerit
plan for which the City spent 4.5 million dollarS. Councilmember MCGIII registered his
opposition to the project.
Councilmember MCCOy observed that he stood behind the comments he made
when the project was presented originally. He said that the 4.5 million dollars spent on
the Lincoln Avenue Project were for the purpose of attracting retail businesses to the
community. He said that when the project was discussed several weeks ago, he was
under the impression that the Council was going to give the Llncoln Avenue project an
opportunity to work. If It did not work out, and the applicant submitted another plan
inconsistent with the zone, it would be seriously considered. However, LIncoln Avenue
was not yet completed, and the applicant was resubmittlng the project wlthin a very
short duration of when it was originally considered. Councilmember McCoy said that the
wrong message is being sent to the citizens If the Council falls to support the vision of
the Lincoln Avenue Speclflc Plan. He noted that the Councll's responsibility was to
regulate the monies used in the city of Cypress. Councilmember MCCOy said that a
commitment had been made to the citizens of Cypress to spend 4.5 rolllion dollarS for the
express purpose of enhancing Llncoln Street in order to attract more business and
resulting revenue to the City of Cypress. Councilmember McCoy indicated hls opposition
to the project.
Councilmember Sondhi observed that the Specific Plan for LinCOln Avenue
indicated that the project Was proposed in a Mixed-Use Commercial Zone. With the
issuance of conditional use permits, day care and related uses are allowable in that zoning
designation. Councilmember Sondhi said the business owner has advised that the
location in question is not viable for retail use, as demonstrated by the fact that it has
stood empty for seven yearS. She also noted the responsibility of the Council to Support
local businesses, and noted the difficulty in accessing a retail business located in a remote
area, [f one is not aware of its existence. Councilmember Sondhl observed that the
Council had the ability to allow Mr. Brazeau to "be a businessman"; and that he is
providing a Mixed-Use Commercial facility, which is allowable in the zone. She also noted
that there are no guidelines indicating what ratio percentage between service and retail
12
CITY COUNCIL MINUTES JULY 26, 1999
occupancy must be achieved before "capping" Service types of uses. Councilmember
Sondhi indicated her support for the project, as She had done when it was originally
presented.
The Mayor noted that all the Councilmembers had presented compelling
arguments, as did the Councilmember from La Puente. The Mayor agreed that the site
under consideration had proven to be unsuccessful as a retail site, and should be allowed
to function as a service use. He Said that while he had originally agreed with the position
of strictly enforcing the Lincoln Avenue plan for retail expansion, It had been with the
thought in mind that the applicant could resubmlt his project In six months to a year.
Because the applicant ls concerned with losing his client, the project was resubmitted
much more quickly.
Mayor Keenan commented that it is a viable use, and will fulfill a need in the City
of Cypress. He said that logic indicates the site may be brought to life by the increased
traffic generated by the project. The Mayors concerns were that adequate conditions be
imposed to address all the Councilmembers' concerns If the Council was leaning toward
approving the project. He suggested that one of those conditions be that there would
be no placement of chairs or tables in the front of the facility.
Councilmember Sondhi said that she appreciated the applicant responding to
some of the Councilmembers' Concerns expressed the last time the project was
presented; in particular, in regard to the vans. She also said the establishment of the
green space also represented the applicant's willingness to work with staff and the
Council.
The Mayor asked if the Council can impose conditions in regard to the signage for
the MiSSiOn Shopping Center. Director AngUS responded that the City Attorney would be
better equipped to respond to that question. She also said that she was unaware of any
major changes planned for the signage that is in place. Director AngUS said she did not
think the scope of the project allowed any major conditioning of the existing signage for
the Mission Shopping Center, but if the applicant indicated his willingness to make certain
changes to that signage, that would be acceptable.
City Attorney Wynder Said he did not know the answer to that, but suspected that
the Community Development Director was correct. He pointed out that an alternative
Resolution was available if the Council was considering approval. Mr. Wynder noted that
there should be a condition included that in order for the Conditional Use Permit to
remain lawful, the business must be fully and completely licensed by all governing State
of California licensing agencies. The City Attorney noted that If the Council was inclined
to adopt a Resolution of Approval with conditions for this use, hls recommendation was
that "Exhibit A" be returned to the council at the next meeting, with stronger language
included in terms of conditioning the permit upon the good standing of the facility's
license, the prohibition of the seating in the front of the facility, and to Include Some
assurances that there will be an adequate walkway from the rear of the facility to the
greenbelt.
Mr. Mark Brazeau said he wished to Clarify that an adequate walkway was in place
at the location. He Said the green area will be graded and replanted.
The Mayor advised him that this was an opportunity to show good faith by
upgrading the main signage for the Mission Center complex. He asked if the applicant
would be willing to upgrade this signage. Mr. Brazeau responded that there was a large,
freestanding marquee in place, and that the applicant would not be installing any
additional marquees, but would be using a blank, plastic space changing the vlnyl letters.
The Mayor said the Council was seeking an upgrade of the marquee sign, and asked if the
applicant would be willing to do that. Mr. Brazeau said if they could be provided with
some ideas of what the Council would like to see, he was certain that something could be
worked out. The Mayor said that staff would work with the applicant on that issue.
Mayor Pro Tern Piercy questioned Condition NO. 8 regarding a parking study. She
wanted to ensure that the applicant was aware of that condition; Mr. Brazeau responded
that he was. In response to a question posed by the Mayor, Mr. Brazeau also indicated his
willingness to ensure there will be no tables or chairs placed in front of the facility.
Councilmember Sondhi asked about the hours of operation; Ms. Bona ParaVno,
owner of the adult day care business, indicated that the actual hours of the buslness were
8:00 a.m. to 5:00 p.m.
The City Attorney advised that if the Council was leaning toward the approval of
the project, a motion to direct staff to bring back a Resolution of ApprOval with the
additional conditions discussed at the dais during the meeting of July 26 should be made.
13
CITY COUNCIL MINUTES JULY 26, 1999
Because Councilmember Sondhi could not be present at the next regularly
scheduled meeting of the City Council and because the second City Council meeting in
August had been cancelled, the City Attorney advised that the Resolution should be
placed on the agenda for the first meeting in september.
The Mayor Pro Tern asked if the Council could move to approve the Conditional
Use Permit, contingent upon the indicated language being added. The City Attorney
responded that if the changes required were minor, such action would be indicated.
However, as the changes and additions requested were substantive, particularly In regard
to the modified signage, it would not be his recommendation to approve the Conditional
Use Permit until those issues had been adequately addressed.
A motion was made by Mayor Pro Tern Piercy and seconded by Mayor Keenan to
direct staff to bring back a Resolution of Approval adding to the existing Conditions in
the proposed Resolution of Approval those items discussed by the City Council at the
meeting of July 26, 1999. The motion was carried by the following roll call Vote:
AYES: 3 COUNCILMEMBERS: SOndhi, Piercy, Keenan
NOES: 2 COUNCILMEMBERS: MCCOV, MCGili
ABSENT: 0 COUNCILMEMBERS: None
In order that the record remain clear, the City Attorney stated that no Conditional
Use Permit had been aDDroved.
14. Public Hearing Regarding the First Reading of a Proposed Ordinance
Amendment, Limiting the HOURS Of Construction and Maintenance Activities.
The Community Development Director explained that the Ordinance had been
prepared at Council's direction in response to complaints received as a result of early
morning construction and maintenance activities; particularly those conducted early on
Saturday mornings. She said that the matter was discussed at the Council meeting of
June 28, 'i999, when Staff had obtained some direction from Council as to how the
ordinance should be structured. The Ordinance specifically limits maintenance and
construction activities affecting residential developments In all zones of the City until
after the hour of 9:O0 a.m. on Saturdays. Staff was recommending that a public hearing
be held, and that the First Reading of the Ordinance be approved.
The Mayor then opened the public hearing. NO comments were offered, and the
public hearing was closed.
A motion was made by Councilmember McGill, seconded by Councilmember
MCCOy, and carried by the following roll call vote, to approve the FiRSt Reading of the
following Ordinance Amendment, title as follows, limiting the hours of construction and
maintenance activities:
Ordinance No.
An Ordinance of the City Council of the City of Cypress, California, Amending
Subsection 7.17.B.1.b of Appendix A of the Cypress City Code, Relating to
Limitations on Hours of Construction, Repair, Remodeling, Grading,
and Maintenance of Real Property.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoV, McGilI, Sondhi, Piercy, Keenan
None
None
NEW BUSINESS:
15. Special Tax Levy for the 1999-2000 FIscal Year within Community Facilities
District NO. I (Sorrento Homes) of the City of cypress.
Director of Finance & Administrative Services Storey presented the staff report for
this item.
During AUgUSt and September of q990, the City Council formed Community
Facilities DistriCt NO. I (Sorrento Homes) in accordance with California law, in order to
incur bonded indebtedness to finance the construction, acquisition, modification,
expansion and rehabilitation of designated propert'/. This included streets, highways,
drainage facilities, sewer facilities, traffic and safety lighting facilities, parkway
landscaping improvements and school facilities. The City Council has found that the
14
CITY COUNCIL MINUTES JULY 26, 1999
residents of CFD NO. I benefit from this work, so a special tax levy is charged to those
residents on an annual basis, as required by California law.
In accordance with California Government Code requirements, a Resolution
authorizing the levy of such tax must be passed by the legislative body of the DiStriCt on
an annual basis, and the Mayor is authorized to sign a Proposition 218 Certification,
attesting that the requirements of that Proposition had been met. The information is
then to be submitted to the county of Orange prior to AugUSt 10, 1999.
A motion was made by Councilmember Sondhl and seconded by Mayor Pro Tern
Piercy that the City Council, acting as the legislative body of CFD NO. I (Sorrento Homes)
adopt the ResolutiOn by title only, title as follows, authorizing the levy of a special tax for
FisCal Year 1999-2000 within the District and authorize the Mayor to sign the Proposition
218 Certification:
Resolution No. 5128
A Resolution of the City Council of the City of Cypress, california,
Acting as the Legislative Body of Community Facilities District No. 1 (Sorrento Homes) of
the City of Cypress, California, Authorizing the Levy of a Special Tax for
FISCal Year 1999-2000 within such Community Facilities District.
The motion passed by the following roll call vote:
AYES: 4 COUNCILMEMBERS: MCGIII, Sondhi, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTENTIONS: 1 COUNCILMEMBER: McCOV
Councilmember MCCOV abstained because he owns property in the subject area.
16. Approval of Commercial Warrant LiSt for Warrant NoS. 38507-38743.
Because of a personal financial interest, Mayor Keenan abstained from voting on
Warrant NOS. 38534 and 38658. NO questions regarding the warrants were forthcoming.
A motion was made by Mayor Pro Tern Plercy, seconded by Mayor Keenan, and
carried bV the following roll call Vote (with Mayor Keenan abstaining on Warrant Nos.
38534 and 38658) to approve the Commercial Warrant LISt for Warrant Nos. 38507-38743
totaling S1,149,828.95:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGIII, Sondhl, Piercy, Keenan
None
None
17. Request for the City of Cypress to Participate as AmlCUS Curiae In Support of
the City of Anaheim's Request for California Supreme Court Review in the Matter of
Gainmob v. City of Anaheim, 4 Civil No. 0020502.
City Attorney Wynder advised that the League of California Cities occasionally
sends requests for participation in amicus curiae briefs on Important appellate issues
which may have an impact on the city. In the case Involved, Gainmob v. City of Anaheim,
4 Civil NO. 0020502, the Court of Appeals declslon would have the effect of preventing
cities from applying a strict distance measure from a proposed "adult" entertainment use,
but must be based on the subjective determination of whether or not the use would
actually interfere wlth any residential use. Mr. Wynder said the result of this decision was
horrific for cities, because it would force them to engage in the types of subjective
judgments that the courts have historically forbidden clties to practice. Therefore, it
was legal counsel's recommendation that the City of Cypress support the CIty of Ariahelm
in its request for reversal or de-certification of thls decision.
The law firm of Rutan and Tucker wile file the appeal on behalf of the City of
Anaheim, and another law firm will prepare the amicus brief.
The Mayor asked what the difference was between this amicus curiae request and
the one submitted at the City council meeting held on July 12. The City Attorney
responded that the prior request involved an entirely different issue; While this matter
reflected directly On First Amendment issues, and the City's ability to enforce its Own
entertainment ordinance.
A motion was made by councilmember McCoy, seconded bV Councilmember
MCGIII, and carried by the following roll call vote that the City Council grant the request
15
CITY COUNCIL MINUTES JULY 26, 1999
for the city of cypress to participate as amlcus curiae In support of the city of Anaheim's
request for California Supreme Court Review In the matter of Sammoh v. CILy of Anaheim,
4 Civil No. 0020502:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGill, Sondhi, Piercy, Keenan
None
None
RECREATION & PARK DISTRICT MATTERS:
Governing Board of Directors.
The Cypress City Council, Acting as the EX Off/CiO
There were no matters for consideration.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Cypress Redevelopment Agency.
The Cypress City Council, Acting as the
There were no matters for consideration.
REPORT BY COUNCILMEMBER ON COMMITTEE ASSIGNMENTS:
Mayor Pro Tern Piercy reported that she had attended a meeting at the Orange
County Sanitation DiStriCt the prevlous week, during which two publlc hearings were
held. One of the hearings was concerned with connection fees. She reported that the
connection and yearly fees have been reviewed by the District over the past two years, in
order to develop a more equitable rate system. Instead of a flat rate per square foot, the
District iS now attempting to base fees upon usage as well as square footage.
The second public hearing concerned the second reading of the DiStrlCt'S Strategic
Plan, which was approved.
During the meeting, a problem in regard to the closure of a 5,000' stretch of beach
in Huntington Beach as a result of sewer seepage was discussed. It was determined that
the seepage was not coming from the sewer system owned by the Sanitation DistriCt, but
from a State-run restroom facility. The beach remained closed pending dissipation of the
high bacterial reading in the water, Which is monitored daily through a cooperative
effort of the Sanitation DiStriCt and the State of California.
Councilmember McCoV reported that he and the City Manager had artended a
BOard Meeting of the Orange COUnty Fire AUthOrity (OCFA) the prevlous Thursday. The
equity issue was settled at that tlme, with only two cltles, Westminster and san Juan
6apistrano, voting no. Councilmember MCCOV reported that the findings of the meeting
had been reported erroneously bV both the Orange County Register and the Los Angeles
Times. He stated that some minor changes needed to be made prior to final approval.
The Mayor thanked him for participating on the subcommittee; Councilmember
MCCOV noted that much of the credit should be glven to the city Manager who worked
very long and hard behind-the-scenes on this project.
Councilmember Sondhi reported that she had artended a Special Application
Review Committee meeting, of which she is a member, for Orange County Housing and
Community Development Commission. Over the period of several years, those entities
accumulated funding that has grown to an amount of approximately S20,000,000. Ten
million of those funds will be used In unincorporated areas of the County. The other ten
million will be used in member cities throughout Orange County, one of which is the City
of Cypress.
Councilmember Sondhi said criteria for granting the funding is currently being
developed by the Committee, and public announcements concerning the funds will soon
be forthcoming. Requests for proposals wlll be disseminated, and funding qualification
criteria will be published in the near future. An increase In the number of new housing
units in orange County will be the main focus of the funding.
FOr those individuals who may have an interest in Section 8 funding, the
application and review process will begin In August. Information will be available at
public libraries. Community Development Director Angus Interjected that the City's
Housing Coordinator, Steve Clark, would also have Section 8 applications available at
Cypress City Hall.
The Mayor advised that he had artended a "fact-finding" tour with a group from
OCTA tO the City of Portland to observe the light rail system there. The day was spent
with the designers and architects responsible for the system, whlch has recently been
expanded. The Mayor said it was a good system, and he Found it interesting to dlscuss
16
CITY COUNCIL MINUTES JULY 26, 1999
community impacts With individuals who have been involved with a light rail system.
Mayor Keenan said the matter of light tall will be considered by OCTA throughout the
remainder of the year.
The Mayor added that a presentation concerning light rail had been made at the
Orange County Transportation AuthOrity Board Meeting earlier in the day. A Public
Outreach concerning light rail will be Scheduled in September. Public hearings will also be
held in the cities directly affected by the project; i.e., Irvlne, costa Mesa, Santa Ana,
Orange, Anaheim and Fullerton.
An update on the "Smart Street" Program was also provided. Particular emphasis
was given to Katella Avenue, which is one of the next streets In Ilne for this designation.
Widening of the street and traffic signal timing are some of the impacts which will occur.
"Measure M" expenditures to date were also discussed at the meeting. To date, the
City of Cypress had benefited in the amount of $1,000,000 for a traffic signal coordination
project and the expansion of Katella Avenue and Valley View Street. The latter project has
been completed, and the Mayor complimented staff on a Job well done.
ORAL COMMUNICATIONS: FOr Matters NOt on the Agenda.
Alan Crowder, resident of Cypress, addressed the Council. Mr. Crowder asked who
was responsible for cleaning the sidewalks between Orangewood Avenue and the City
boundary. He stated that there were no houses in the area, just a block wall, with a lot of
trash on the sidewalks.
The Mayor verified that the area in question was located south of Orangewood
Avenue, along Knott Avenue. City Manager Ochenduszko advised that the interim Public
Works Director would contact Mr. Crowder the following day regarding the situation.
The Mayor asked that, on behalf of the City Council, all the Department Managers
be congratulated and thanked for all the hard work put into making the Cypress
Community Festival successful. He also expressed thanks to the Church of Latter Day
Saints for their clean-up after the Festival.
WRITTEN COMMUNICATIONS:
FOr Matters Not on the Agenda.
There were no matters to consider.
RECESS:
The Mayor recessed the meeting at 9:24 p.m., to allow the Council to enter into
closed session, in order to complete the Public Employee Performance Evaluation for the
City Attorney, in compliance with CaLGovt. Code .~ 54957.
ADJOURNMENT:
At the completion of the Closed Session, the Mayor adjourned the meeting at 9:40
p.m., to 5:00 p.m. on August 2, 1999, in the Executive Board Room, West Wing of City Hall,
5275 Orange Avenue, Cypress, California, for the purpose of conducting interviews for the
Recreation and Community Services Commission vacancy.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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