Minutes 99-08-09· MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
AUGUST 9, 1999
A regular meeting of t:he City of CYpress City Council was called to order on August
9, 1999, at 5:30 p.m. by Mayor Keenan in the Board Room, west Wing of City Hall, 5275
Orange Avenue, Cypress, California.
PRESENT: Councilmembers MCGIII, Mayor Pro Tern PlercV, Mayor Keenan
ABSENT: Councilmembers MCCOV, Sondhl
AlSO present were City Manager Ochenduszko, City Attorney Wynder, and staff
members Llu, AngUS, Storey, Scholl and Dadbeh.
WORKSHOP SESSION
1. Review of Sewer Maintenance Fee.
Review of the Clty's current sewer fees was presented for the Council in a
Workshop Session conducted by Stan Scholl, the Interim Public Works Director, and
Kamran Dadbeh, Assoclate Civil Engineer.
Whlle presenting his report, Mr. Scholl explalned that the City's current sewer
maintenance fee was originally intended to cover the costs of the cleaning of the CIt~/'s
main line sewer system, scheduled every other year. The monies received from this fee
do not provide any reserves, which are necessary to cover costs of emergencies, repair of
known deficiencies in the system, pro-active repair of the system, capital replacement,
and escalating maintenance costs resulting from Inflation.
In addltlon, results obtalned from a survey of surrounding cities revealed that the
fee charged by Cypress has not been kept comparable with fees charged by surrounding
communities. At $.50 per household per month, the Cypress sewer fee is near the
bottom of the list. In consequence, shortfalls have been experienced and are projected
for the City's Sewer Maintenance Fund, which Is becoming a subsidized fund dependent
upon the General FUnd to cover shortages.
To rectify the problem, staff developed elght alternatives for meeting future
needs of the Clty's sewer system, all of which were presented for the Council's review.
Staff sought Councll's direction regarding options to pursue to adequately meet the
increasing demands of maintaining the clty's sewer system.
COUNCILMEMBER MC COY ARRIVED AT 5:56 P.M.
All options were discussed among Council and staff. Council Instructed staff to
investigate the following alternatives:
Alternative I: Consider the effect of maklng no change to the current
revenue shortfall, basing operation and maintenance fees on a consumption basis. The
Sewer Fund 41 would be subsidized as needed by the General Fund, with the result that
the sewer system will gradually deteriorate.
Alternative 5: This alternative includes a reserve for emergencies in the
amount of approximately $250,000; considered a reasonable amount to cover the cost of
system repairs resulting from a moderate single event emergency. It would also include
$500,000 over five years to fund the repair of 41 prevlousiy identified high maintenance
areas cited In the "Sewer Hot Spot Study" conducted in 1993. Finally, it would incorporate
a pro-active and systematic repair of the system to Include regular Inspection by
television camera, the replacement or rellnlng of the old brick manholes and sewer pipes,
and replacement of damaged lines.
Alternative 6: This alternative would Incorporate all of Alternative 5, and
include funding for replacement of the oldest sewer lines In the City (constructed prior to
1965). Funds would be set asl,de for repair/replacement and Used to replace the oldest
lines as the system deteriorates.
At the direction of Council, staff will explore the above three alternatives, and
report their findings to Council at a later date.
CITY COUNCIL MINUTES AUGUST 9, 1999
2. Review of Medlan and Parkway Landscape Features for Ball Road.
Kamran Dadbeh, Associate Civil Englneer, presented the second portion of the
WOrkshop Session, during which median and parkway landscape features for Ball Road
were considered.
Mr. Dadbeh explained that the Clty's Arterial Street Rehabilltatlon Fund for 1999-00
was designated for the resurfaclng and repair of Ball Road, from Valley View Street to
BlOOmfield. Matching federal funds for pavement rehabilitation have also been awarded
to the City. Center median islands with landscaping will be constructed and parkway
landscaping improvements wlil be Installed, which will enhance the parkway and hide the
abutting walls.
Failed asphalt concrete and base material will be replaced during the rehabilitation
of Ball Road. In conjunction with the scheduled rehabilitation, the building of medians
and landscaping of parkways has been planned, for which funds were budgeted.
However, the actual cost of constructing the medians and excavation costs for the
rehabilitation of the roadway were underestimated. Staff, therefore, developed several
alternatives for completion of this project, and requested Input from Council as to which
one to pursue.
Alternative No. I provides for construction of landscaped medians and parkways,
with an irrigation system Installed. Total cost of this project Is estimated at $2,022,618.
Alternative NO. 2 provides for construction of landscaped medians and parkways with no
irrigation, at a cost of approximately $1,692,621. Alternative 3 calls for the building of
landscaped medians and parkways, within the budget.
After discussion, it was the declslon of the Council to direct staff to develop a plan
which would provide for constructing medians down the entire length of the street. The
medians will be landscaped to include no grass, with an Irrigation system Installed. A plan
to phase in the landscaped walls and parkways shall also be Included. Once developed,
the report will be resubmitted to Councll for approval.
RECESS:
At 6:30 p.m., Mayor Keenan recessed the meeting to the City council Chamber. At
this time, the City Attorney requested the Council to add, as an urgency matter, a closed
Session item to discuss the resignation of the city Manager, which resulted after the
agenda was published. It was moved by Councilmember McGIII, seconded by Mayor Pro
Tern Plercy, and unanimously carried (with Councilmember Sondhl absent) to add,
pursuant to CaLGovt, Code§ 54957 - Public Employee Appointment for the position of City
Manager, to the agenda.
The Council then entered Into Closed Session to discuss this matter.
7:00 P.M. SESSION:
The meeting Was reconvened at 7:00 p.m.
PRESENT: Councilmembers MCCOy, MCGIII, Mayor Pro Tern Piercy, Mayor Keenan.
ABSENT: Councilmember Sondhl
AlSO present were City Manager Ochenduszko, City Attorney Wynder, and staff
members Angus, SchOII, DeCarlo, Hensley and Storey.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was lead by Scoutmaster John Love and members of Boy
Scout TrOop NO. 1666.
INVOCATION:
The Invocation was given by BIShOp DOn Lewis Of the Church of Jesus Christ of
Latter-Day Saints, Cypress 5th Ward.
REPORT OF CLOSED SESSIONNVORKSHOP AGENDA:
City Manager Ochenduszko provided a recap of the items discussed and Council's
direction provided In the Workshop Session held earlier in the evening. The items
discussed were reviews of sewer maintenance fees and the capital Improvement project
for the repavlng of Ball Road with the provision of median and parkway landscape
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CITY COUNCIL MINUTES AUGUST 9, 1999
features. Both matters will be resubmltted for Councll's conslderatlon when staff's
studies have been completed.
The City Attorney advlsed that It had been necessary to schedule a Closed Session
subsequent to the posting of the Agenda, because events requiring the Councll's
immediate attention had transpired.
Clty Attorney Wynder reported that a closed Session had been conducted with the
City council earlier In the evening, In accordance with CaLGovt. Code ,~ 54957. Mr. Wynder
explained that dlrectlon was provided In regard to filling the position of Interim City
Manager and, ultimately, city Manager. The present City Manager, Mark Ochenduszko, had
been offered and had accepted the position of CIty Manager for the City of Coronado,
California, and, therefore, had tendered his resignation. An Interim City Manager
candidate had been recommended, and the City Manager was authorized to proceed
with scheduling an Interview to fill that position.
Mayor Keenan advlsed that Mr. Ochenduszko's last day will be September 15, 1999.
In the meantime, an Interim City Manager will be selected While a search is conducted to
recruit a permanent City Manager. The Mayor expressed the Councll's regret at accepting
the reslgnatlon of Mr. Ochenduszko.
ORAL COMMUNICATIONS:
SPEAKING ONCE.)
LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER,
Mayor Keenan commented he was aware that many of the Individuals present in
the audience Intended to speak on Agenda Item No. 17. He stated that he would allow
comments In regard to Item No. 17, but those would be limited to three minutes per
speaker, with an overall time limit of one-half hour Imposed. He sald It would be
approximately one and one-half hours before Item NO. 17 was discussed, so if anyone
wlshlng to speak could not stay that long, they were welcome to speak during Oral
Communications.
councilmember McGill requested permission to make some comments prior to
receiving public testimony. He wished to address several issues regarding the proposed
skatepark, saying that he had followed the issue for the past one and one-half years.
First, he addressed the Issue of crime. Councilmember McGIII opined that gang members
will not become a problem in the City of Cypress If a skatepark is constructed. He said
that his 8-year old son Is a skateboarder, attends St. Irenaeus and is a Cub Scout.
Councilmember McGIII then placed a skateboard on the dais, and recollected that he had
been a skateboarder In his youth, and that he was also an Eagle Scout.
Councilmember MCGill then addressed the liability Issue. He claimed exposure to
the City would not be a problem as feared by some citizens, and said that california had
enacted legislation ensuring that skatepark users assumed liability when skateboarding in
facilities constructed In conformity with designated standards.
Thirdly, Councilmember MCGIll referred to the outgoing and incoming
Chairpersons of the Recreation and Community Services Commission, and the Chairperson
of the Skatepark Committee, who were In attendance at the meeting. Councilmember
McGIII said he had invited these individuals to the meeting In order to demonstrate they
were not 'nameless, faceless, anonymous organizations who have some hidden evil
agenda.' He Introduced Ann Fowler, the outgoing Chairperson; BIll Wostenberg, the
incoming chairperson and Jim Preston, the Task Force Chairperson.
Councilmember McGIII explained that the Skateboard Task Force consists of
individUalS who volunteer their time, devote many hours to attending meetings that
have lasted until midnight, and provide much thought as to how best meet the needs of
the community in relation to this issue. He stated that one of the reasons he had Invited
these individuals to attend the meeting, was so they Could provide input as to the
processes they had completed in making their recommendations regarding the
skatepark.
councilmember McGIll noted he had heard comments that the Skateboard Task
Force and Recreation and community Services commission had somehow "violated the
directlYe the Councll gave them" bY returning the Veterans Park site to the Council for
reconslderatlon. The Councilmember noted that no violation had occurred. He stated
that the City Council had met with the TaSk Force In the beginning of 1999, and had
requested that Veterans Park and Wicker Drive be removed from the lists of prospective
sites. He said the Task Force had complied, had voted against Oak KnOll Park as a
prospective site for the use, and returned the matter to the Recreation and Community
Services Commission for its consideration. He explained that the Recreation and
Community Services Commission had spent two years considering alternatives which
CITY COUNCIL MINUTES AUGUST 9, 1999
proved to be unsatisfactorY, and referred the matter back to the city council, asking for
its input.
Councilmember McGIII stated that he dld not wlsh to dimlnlsh any concerns held
by individuals In the audience. However, he explained that the discussion revolved
around a facility the approximate size of a basketball court; for which the budgeted
amount would equal about $60,000-$70,000. He added that as a point of reference, the
Clty's budget Is $20,000,000; and the budget for the Police Department alone equals about
half that amount. Mr. MCGIII said that the Issue was not "cancer research" a "burning bush"
nor "Charles Manson moving next door." He said the matter concerned a play area the
size of a basketball court, designated for klds 8-14 years old. Councilmember McGill said
he would hate to see friendships dissolve over the issue. He expressed the wish that the
matter not become another "shaw Carpet Warehouse", golf course or card club issue. He
said that the way the matter was handled would define the character of the community.
At the concluslon of Councilmember McGIII'S comments, Councilmember MCCOy
said that if "we are going to endure a 15-minute speech on the skatepark", which was the
issue the people In the audience had come to discuss, then the matter should be moved
forward On the Agenda. The Mayor said that the matter would be discussed in order; and
Councilmember McCoy asked why the Council was given a 15-minute presentation If the
matter wasn't going to be discussed until later. The Mayor responded that the
Councilmembers were free to speak on the matter, and invited Councilmember McCoy to
add his comments.
Councilmember McCOy advised that he had requested the skatepark issue to be
placed on the Agenda to attempt to eliminate Veterans Park from the list of potential
skatepark locations. He Said that on July 13, 1998, over 100 residents residing around the
park attended a meeting to speak against using Veterans Park as a site for the skatepark.
councilmember McCoy said the Council voted at that time to explore other options.
Councilmember McCOy continued that on JanuarY 18, 1999, the CIty Council voted
to remove Veterans Park from consideration. Because of this, he asked, "so, why are we
here?" Councilmember MCCOy said that a member of the Parks & Recreation Commission,
BIll Wostenberg, Ignored Councll's direction and recommended that a skatepark be
placed in Veterans Park.
Councilmember MCCOy said that during the Commission meeting, Mr. Wostenberg
said, "1 know the City Councli Is going to hate me for this, but Veterans Park is the only
viable option." Councilmember MCCOy reported that later In the meeting, when Mr.
Wostenberg's motion was discussed by the Commission, Mr. Wostenberg said, "...and we
know the TaSk Force was told not to consider Veterans Park...". It was Councilmember
McCoy's contention that Mr. Wostenberg, "has a problem understanding his position as a
Commissioner." Councilmember MCCOy said that Mr. Wostenberg's job was to take
direction from the Council and report the findings resulting from that instruction.
Councilmember McCoy maintained that Issue would have to be addressed by the Council
at another time.
Councilmember MCCOy offered that another reason the issue was being discussed
was because a staff person in attendance at the meeting should have given the
Commission direction, and failed to advise the Commission that Veterans Park was not an
option at the time.
He then stated that at the conclusion Of a city council meeting in July, he had
overheard comments made by the Mayor Pro Tern to Councilmember Sondhl.
Councilmember Mccoy alleged that he had heard Mayor Pro Tern Plercy say to
Councilmember Sondhl, '1 should never have listened to those Sorrento residents and put
the skatepark In Veterans Park."
Councilmember McCOy noted that the residents around Veterans Park require
closure on the issue, and said that the Council had voted twice to exclude that location.
He questioned why the location was being proposed again, and wanted to know "how
many more times are we going to subject a neighborhood to take quality time from their
families to come down here and express their views as citizens of this community?" He
noted that it was the Job of the Councilmembers to listen to the voters of the
community, as It was the communlty's Interests represented by Council. He requested
that the Council not allow their own personal opinions to affect their votes.
At the close of these comments, the Mayor noted that the issue had been
introduced, and asked for a motion to move the item to the top of the Agenda.
A motlon was made by Mayor Pro Tern PiercY, seconded by Councilmember MCGIII,
and carried by the following roll call vote to consider Item No. 17 at this time:
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CITY COUNCIL MINUTES AUGUST 9, 1999
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, PIercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Sondhl
The Mayor asked If there were any other oral communications to be considered
prior to discussion of Item NO. 17.
Carol Lauterbeck approached the podlure and Introduced herself as a resident of
Wellson Drive. Ms. Lauterbeck said she had been Informed by the Task Force that the
skatepark facility would be utilized by children be~veen the ages of 5-14, which she
noted would eliminate anyone from the south part of town.
She then commented that t~vo petltlons had been submitted, one from the Oak
KnOll area residents, and one from the Veterans Park residents. Therefore, It was her
opinion that the Council should consider whether or not the residents of Cypress want
any kind of a skatepark in the City.
The Mayor noted that a staff report had been prepared for Item No. 17. He Said
that any public comment regarding the skatepark would be given after presentation of
the staff report.
He then invited anyone having comments regarding Items not on the Agenda to
step forward. No comments were offered, and the Oral Communications session was
closed.
RECREATION & PARK DISTRICT MATTERS:
Governing Board of Directors.
The Cypress city Council, ACtlng as the Ex OFFICIO
17. Reconslderatlon of Veterans Park as a Potential SIte for a Skatepark Facility.
Recreation & Parks DIrector Decarlo presented the staff report on thls Item. He began by
stating that the item had been placed on the Agenda, not to consider the merits of any
of the potential locations for a skatepark, but to seek direction from the city council
regarding whether Veterans Park can be considered as a potential skatepark site.
Mr. DeCarlo sald that In August Of 1998, the Clty Council considered the
recommendation from the Recreation & Community Services Commission to consider
Veterans Park as a possible site location. At that time, staff was directed by Council to
resubmlt the matter to the Commission, and to consider up to three sites as alternatives
to Veterans Park. At that time, the suggestion to form a Task Force composed of citizens
was also made.
The Skatepark Task Force was formed In November of 1998, and was comprised of
nine members appointed by the Recreation & Community Services Commission. In
January of 1999, the Task Force requested a Joint meeting with the City Council to discuss
the recommendations of the council In regard to potential sites identified. At that time,
the Council voted to direct the TaSk Force to temporarily remove Veterans Park from the
list of potential skatepark sites. The TaSk Force removed that location from the list, and
In May made the recommendation to the Recreation & Community commission to
consider oak Knoll Park as a primary site, and to also consider vacant property at Lincoln
and Walker. The Task Force also recommended the possibility of Installing several smaller
scale skateboard facllltles at various different locations around the City.
After consideration of those recommendations at ~vo public meetings, the
Recreation & Community Services Commission decided to seek direction from Council
regarding reconslderatlon of Veterans Park as a possible skatepark location. If Council so
decides, the matter will be resubmltted to Council by staff.
At the conclusion Of Mr. DeCarlo's report, the Mayor commented that the former
chairperson of the Recreation & Community Services Commission, Ann rowlet, had
prepared a timeline regarding the history of the project, and requested that she present
i.t at this time.
MrS. Fowler provided copies of the timeline for distribution to the CIty
Councilmembers, explaining that much effort had been expended in identifying potential
skatepark locations In the city.
She began by statlng that in September of 1997 at a regular Commission meeting,
an item entitled, "Skateboard Park" had been listed on the meeting agenda. This was a
public meeting, and input from the audience was received at that time. A Skatepark
CITY COUNCIL MINUTES AUGUST 9, 1999
Cltlzen's Committee Meeting scheduled In october, 1997, was noticed, and attended by
over 90 residents.
Durlng thls and other properly noticed public hearings scheduled, items discussed
included the mlsslon statement of the Task Force, the historical perspective of the
project, and a tlmellne for completion. The types of skatepark facilities and elements to
be included were discussed, as were size, location and related factors regarding
skateDarks.
At the Recreatlon & Parks Commission Meetlng held In November, 1997, the
commission accepted the Task Force's recommendation to build a skatepark, with
Veterans Park Identified as a potential location. The Commission also asked that a public
hearing on the matter be scheduled, and this was held on January 20, 1998.
During said meeting, discussion took place regarding the proposal to build a
skatepark In Veterans Park. Public Input In support of and In opposition to the project
was received during that meeting. FolloWing thiS, the Commission voted unanimously to
recommend to the City Council the construction of a concrete streetscape-sb/le facility at
Veterans Park.
Stipulations were that the facility be built at least 135' away from residences, that
there be high visibility from the street, and that the facility be built in a centralized
location near a water fountain, telephone, trash cans, restrooms and a sitting area,
In April, 1998, an Environmental Impact Report with a Negative Declaration was
filed. All potential Impacts were adequately addressed through mitigation measures, so
that the project would not have a significant effect upon the environment. Those
mitigation measures Included the recommendation that no organized competition be
held at the park. NOISe levels were not antlclpated to exceed the Clty's daytime noise
standards.
In May, 1998, during a Clty Council meeting, public Input from those supporting
and opposing the project was provided. When Councilmember Bowman, a real estate
agent, was asked for his professional opinion, he stated It was doubtful that the project
would have a detrimental effect on neighboring housing values. Further consideration of
the skatepark was then continued to a meeting In July.
In July, the councll recommended a workshop be scheduled, to Involve the public,
where staff and the Commissioners could provide more options on site selection,
including costs, pros and cons, procedures to be followed In terms of narrowing the
selection of sites, the reconslderatlon of Veterans Park. Those findings were to be
submitted to the Council six weeks from the date of that meeting.
In August of 1998, a study was presented to the Council, at which time the Council
requested that a seven-person task force be appointed to: review existlng Information,
develop criteria for site selection, analyze and evaluate all public and private sites, and
consult with a contractor regarding construction of the site.
The Task Force was created in November of 1998.
In January of 1999, the Task Force, the Clty Council, the CIty Manager, the City
Attorney and five department heads held a meeting. At that meeting, councilmember
MCCoy moved to temporarily remove Veterans Park from the list of possible skateparks.
After discussion, Task NO. 5 was added to the mlsslon and goals listing. Task No. 5 states
that the Task Force shall not consider, for the purposes of their work, the Veterans Park
and Wicker Drive sites.
The Task Force continued to meet untll May of 1999, at which time a Jolnt meeting
with the ReCreation & community Services commission was held. At that meeting, the
vote was 4-1 to accept the recommendation of constructing a skatepark at Oak Knoll Park.
: In June of 1999, a public hearing was scheduled regarding the potential of Iocatlng
the skateDark at Oak Knoll Park. During the meeting, many residents opposed the
construction at that location. The Commission voted to defer any action until another
meeting was held at the end of the month, largely because of the absence of one of the
Commissioners.
In July of 1999, the Commlsslon met, held another public hearing on the subject,
and! voted 5-2 against Oak KnOll Park as a location for the skatepark. The Commission
voted 4-3 to reconsider Veterans Park, and to return the matter to Council for its input.
6
CITY COUNCIL MINUTES AUGUST 9, 1999
Mrs. Fowler stated It was a difficult decision to make, but It was felt that oak Knoll
Park was too heavily impacted to accommodate a skatepark facility. She said that the site
under consideration In Veterans Park was located a good distance from the surrounding
houses and from the exlstlng playground and plcnlc shelter. She suggested that a hedge
be planted to create a barrier between the skatepark and the volleyball/basketball courts,
and also suggested that the basketball court be enlarged.
AS It has been planned to construct the skate facility below ground level, and
appropriate landscaping would be planted to screen the use, the skatepark would not be
visible to the vast majority of the park's current users, nor to the Sorrento residents. Mrs.
Fowler expressed the wish that the needs of the children of the community be
considered, and mentioned that the Cities of Long Beach and Cerrltos are both installing
large, much more complicated skatepark facliltles than the one considered for the City of
Cypress.
MrS. Fow]er concluded by statlng that she felt they were working on a faclllty
needed bV the communlb/'s children.
Councilmember McCOy asked if a study had ever been completed to determine if
the:people In the community want a skatepark.
The Mayor Pro Tern asked for permission to comment on that question. She
explained that one of the first tasks completed by the City was to conduct an open
meeting In order to determine the communlty's level of interest in establishing a
skatepark facility. At that meeting, 90 people expressed interest In a skatepark. The
Mayor Pro Tern said It was not one Individual who decided because "her children In her
classroom wanted a skatepark." She said that she had suggested It be placed In the Clty's
budget, but that the community had Indlcated an Interest In establishing the use. The
Mayor Pro Tem stated she had artended many meetings, and had rarely heard input to
the effect that a skatepark not be established, but what she had heard was, "yes, we need
a skatepark, but not in my backyard."
The Mayor Pro Tern noted that every location suggested had been protested bV
the surrounding neighborhood.
The Mayor Pro Tem stated that petitions had been submitted by the residents of
Sorrento who opposed the establishment of a skatepark in Veterans Park, and petitions
were subml~ed by Individuals requesting a skatepark In the city. She also observed that
when Oak Knoll Was suggested, petitions were received in opposltlon to that location.
Mayor Pro Tern Plercy noted that petitions were received from those wanting a park, and
those not wanting a park.
The Mayor Pro Tern reminded everyone that the decision of whether or not the
Council would vote to place the skatepark in Veterans Park was not being made that
evening. She said the Agenda item was only concerned with whether or not the Council
would reconsider the use of Veterans Park as a potential site. She said that both the
Veterans Park and Wicker Drive sites had been removed from consideration on a
temporary basis, and read the following excerpt from the January 18, 1999, minutes,
where "...[the City Council voted] to temporarily remove Veterans Park from the list of
possible skateparks."
The Mayor Pro Tern proceeded the Skatepark Task Force dld Its Job, and did not
defy the Council. She explained It was the Recreation & Community Services Commission
which had requested reconslderatlon of the Veterans Park site, and not the Task Force.
Mayor Pro Tern Plercy noted the presence of Oak KnOll Park and Sorrento residents
in the audience, commenting that they were probably attending because they did not
want the skatepark in their locations. She observed that none of the individuals who
wanted a skatepark were present, because no decision regarding placement of the park
was, indicated. She also said that many of the same comments already heard would be
made again, noting that there was a "one-inch thick file" containing all the reasons the
residents do not want the skatepark. The Mayor Pro Tern said that a skate facility had
never been established in Cypress, so the residents' fears were unfounded.
· The Mayor Pro Tern said stories were heard about skate facilities established in
other cities, noting she had heard a police officer from Huntington Beach remark on the
number of arrests he had made in that city. She referred to the fact that Huntington
Beach has a bus which goes to Riverside and San Bernardlno to bring people to the beach,
and said that was how people from those towns got to the skatepark In Huntington
Beach.
CITY COUNCIL MINUTES AUGUST 9, 1999
The Mayor Pro Tern referred to the overheard conversatlon beDNeen her and
Councilmember Sondhl, as reported by Councilmember McCOV. She alleged that she did
say, "Yes, we should have Just put It there...[veterans Park]" because the same Input from
all the locations suggested was received by the council, and the Mayor Pro Tern said the
ultimate decision will be a difficult one.
At the conclusion of the Mayor Pro Tem's remarks, Councilmember MCCOy said that
the Mayor Pro Tern was correct; In that a public hearlng on the item had not been
scheduled. However, he said they were present to "...listen to the people, to see If they
want us to consider Veterans Park to be put on the list." He observed that petitions had
been submitted supporting the skatepark, but that 90% of the signatures on those
petitions were signed by "klds." He said that the people present at the meeting were the
Voters of the communitY. Councilmember MCCOy suggested that the reason the people
In support of the park were not present, was probably because they were home having
dinner.
Councilmember MCCoy noted that although no public hearing had been
scheduled, the people in attendance were present to express their concerns about the
decisions made by the Council, because the Council was representative of the people.
The Mayor PrO Tern acknowledged that the Council was representative of the
people, but observed the people in attendance did not represent the entire communitY.
She said that the people present were a good representation of the Sorrento Homes
residents, who signed the Sorrento petition, and who were warned that the matter was
being raised again. The Mayor Pro Tem said there was some active participation bV
individuals who notified everyone present that the matter had been placed on the
agenda. She also observed that many of the residents of the Oak Knoll neighborhood
were also present. The Mayor Pro Tern then questioned whether anyone had actively
solicited the presence of the people in favor of the skatepark--then noted that was
probably not, because the matter was not scheduled as a public hearing.
The Mayor then reiterated that the Council has several times indicated a desire to
establish a skatepark In cypress. He stated he has personally been researching the matter
for~ two years; prior to the time he was a CitY Council member. He had received many
requests from constituents to establish a skatepark. Mayor Keenan maintained he had
attended many meetings regarding skateparks, and had read extensively on the subject;
noting that skateboarding is gaining In popularitY and that the demand for the facilitY
exists. He said that In the two years that Cypress has been discussing the establishment
of'the facilitY, all the surrounding communltles have built their skateparks.
The Mayor reiterated that the matter had not been scheduled as a public hearing,
and that if the public is allowed to speak, he asked that they not be redundant and that
they not discuss skateboarders in general. He suggested that they elect a spokesperson
or persons to express their opinions. The Mayor said there would be ample opportunitY
for unlimited public input during the public hearings that are scheduled prior to the time
a final decision is made about any location. He reminded the audience that the only
thing being considered at this time was whether or not the Council would authorize the
reconslderatlon of Veterans Park as a potential skatepark location, which was placed on
the agenda at the request of Councilmember MCCOy.
The Mayor then asked for further comments. Councilmember McGIII said he was
anxious to hear the Input from the public. The Mayor invited comments from the public,
saying that the time limit would be one-half hour, three minutes per speaker, speaking
once.
Ken WelD/was first to speak. He Identified himself as a former skateboarder, an
Eagle scout, a resident of Cypress since 1975, a Sorrento resident, and a retired lieutenant
of L.A.P.D. He spoke against the skatepark being built In Sorrento or any other part of
Cypress, citing his experience as a police officer and noting that an undesirable element
of kids will be attracted if a skatepark is constructed.
George Hallak, who Identified himself as a former Commissioner of the Recreation
& Parks commission, spoke against establishing the skate facilitY in Veterans Park,
observing that location was meant to be peaceful. He questioned the need for a
skatepark in CypresS. Mr. Hallak noted that he wasn't concerned with skateparks being
built in other cities, because he was a Cypress resident, and not a resident of one of the
other cities. He suggested a joint venture with another citY If a park has to be built. He
also suggested that the matter be placed on the ballot for a vote by the residents.
Brlnda MCCoy next addressed the Council, stating that she was present to speak
against the skatepark In Veterans Park or any other location in Cypress that may affect
8
CITY COUNCIL MINUTES AUCUST 9, 1999
the quality of life for surrounding residents. MrS. McCOy noted that while the original
idea to establish such a use may have been a good one, now it was merely dlvlslve.
MrS. MCCOV'S contention was that the idea for the skatepark had been proposed by
Mayor Pro Tern Plercy, who promised such a faclllty to her students at Lexington Junior
High School. MrS. MCCOy'S contention Was that no survey of the community was ever
conducted.
Mrs. McCoy alleged that she had not seen any support for the skatepark, other
than a petition signed by "a small number of kids" and "not the voters." She referred to
hundreds and hundreds of signatures against the skatepark.
Mrs. MCCOV also said that there are many programs already available for the
children of Cypress, and that a skatepark would primarily serve teenage boys. She said
that a skatepark would not provide parental supporl;, as do most of the youth programs
in place at the site.
Mrs. McCOV concluded by calling for an end to the matter, and asking that it be
placed on the ballot for the people of Cypress to vote on.
Del DaViS then stepped forward. He Said that although the council had worked
well as a team to date, this matter had returned them to the "politics of old." He spoke in
favor of unity, and asked that the Item be placed on the ballot In the next election.
Clndy Young next addressed the Council. She stated her purpose In attending the
meeting was to express her concerns about the skatepark. However, she felt that the
Council had been Impolite to the audience, so would not provide her Input as she said
her words would be "not heard."
,= The Mayor apologized to MS. Young, but said that the crowd was acting rudely, and
had to be treated firmly.
NeXt tO speak was Isaac Houseman, a resident of Sorrento. Mr. Houseman was
upset that the skatepark In Veterans Park issue had been raised, and registered hls
opposition to the project. He also said he was Very upset wlth Councilmember McGIII for
placlng a skateboard on the dals. Mr. Houseman noted that the issue was Very sensitive
for,the residents of Sorrento.
Brent Fuller next approached the podlure. Mr. Fuller said he was a resident of
Tanglewood, adjacent to the Sorrento area. He noted that he was probably closer to
Veterans Park than any of the Sorrento residents. Mr. Fuller identified himself as the
father of teenage boys, and a long-time resldent of Cypress. He said that his sons were
skateboarders, were well-behaved, and that the Sorrento community should be ashamed
of itself for Its attitude about skateboarders. Mr. Fuller said that young peopte don't have
to be on skateboards to be troublemakers. He said he thOUght the matter should be put
on a ballot, and it wlli probably pass overwhelmingly.
Harry Gardlkls, a 30-year resident of Cypress, was next to speak. Mr. Gardikis noted
that he remembered when Sorrento was a tank farm and Oak KnOll Park was a dairy site.
He registered his concern that the matter was a dlvlslve Issue, urged everyone to work
together, and said that Cypress was a great place to live. Mr. Gardlkis noted that the
present City Council had worked very well as a team up to this point, and hoped that this
issue would not prevent the Councilmembers from maintaining civility and working
together. Mr. Gardlkls voiced his opinion that the skatepark should be situated away
from residences.
John Pope then addressed the Council. Mr. Pope said he was both a member of
the Skatepark Task Force and a resident of Sorrento, and could see no problem with
placing the skateboard facility In Veterans park. He Said that one of the complaints heard
consistently at the Task Force meetings was the rudeness of the children who would use
the facility. He stated that what the Mayor had done earlier In the meeting, was to try to
restore order, and that the rudeness displayed earlier In the public meeting was not a
good example to set. Mr. Pope told Councilmember MCCOV that one of the things to
learn when becoming an elected official was to decide whether to be a leader Or a
follower. His opinion was that councilmember McCoy had taken the position of being a
follower, Which would prove to be a problem later when he would try to lead.
Debble Mayer spoke next, saying that she Was a three-year resident of Cypress who
had moved here from Fullerton. Mrs. Mayer reported that difficulties had been
encountered at the Fullerton skatepark facility, Including a graffltl problem, Mrs. Mayer
was opposed to a skatepark In Cypress, and urged the Council to place the matter on a
ballot.
9
CITY COUNCIL MINUTES AUCUST 9, 1999
Mary Gledlln also requested that the matter be placed on the ballot--and urged
the Council that if a skatepark Is to be installed at all, to build It somewhere where it "will
be embraced."
Susle Llnde noted a lack of facilities in Cypress for young adolescents, and spoke in
favor of the skatepark. She said It was unfair If the Council only represented registered
voters, and that It should also represent the Interests of children and anyone who is
incapacitated or otherwise unable to vote.
Don Wesllng then spoke, saying that he had been attending City Council meetings
since 1994. Mr. Wesllng observed that the City Council had been a great Council, that he
was sorry to see the City Manager go, and he doubted if a skatepark would ever be built
in cypress. Mr. Wesllng said he didn't know what everyone was so upset about, as no
decision was being made that evening about whether or not to situate the skatepark in
Veterans Park.
Paula English addressed the Council, stating that she was neutral regarding the
Issue of the skatepark. However, she did wish to note for the record that Bill Wostenberg
was a very hard-working, fair, and conscientious Commissioner. Mrs. EngliSh felt It was
unfair to "pull a couple of statements" out of several hundred hours of discussion to use
against a Commissioner who was Volunteering his time.
Johnnle Perklns spoke next. He addressed the City Manager, extending his regrets
on hearing of his resignation and wishing him well. Mr. Perkins stated he was he was
neutral on the issue of the skatepark, and related a story of skateboarders being rude to
him. He said that the Commissioners and Council do a good Job. Mr. Perkins said that he
had contacted the cities of Long Beach and Cerrltos about their skatepark facilities, which
are large.
Jason Sondhl then introduced himself. Mr. Sondhl sald that after two years, the
City Council was more aware of the Issues regarding the skatepark than anyone else in the
room. He said that the skatepark should not be a big deal, and that the fears expressed
were without merit. He sald he was sorry that the people in the room were too clouded
with emotion to listen to reason and logic about the issue. Mr. Sondhl exhorted the
Council to "be strong, do what you think Is right, but, at the same time, do not let a
roomful of Sorrento residents dictate the needs and wants of 30,000 other citizens."
No further public comment was offered, and the Mayor returned the matter to
Council for disCuSsion.
Mayor Pro Tern Plercy said that the Council was composed of five individuals, and
that It took a majority of the council to process a decision--saying that one
Councilperson could not do it alone. She observed that she was only part of the council
which made the decision to construct a small skate facility In Cypress. She said that It was
impossible for a Councilmember to satisfy every single person in a community, but that
she made an attempt to listen to those who talked to her. She said that there were
48,000 people in the community, so It was not possible for her to hear everybody. She
noted that the majority of the people In the audience had not spoken to her directly.
The Mayor Pro Tern remlnded those in the audience that they were a part of the
community, and that their desires did not necessarily reflect the wishes of the entire
community. She said that for every idea, there are at least 25 or more opinions.
Mayor Keenan added that there were three previous City Council members elected
to represent the citizens and those Counciimembers had also determined that a
skatepark was needed when the matter was originally proposed.
The Mayor also observed that putting every issue up for a vote of the people was
actually an abdication of leadership, and he refused to give up his responsibility in
deciding this issue.
Councilmember McCOy said that those In the audience were there to express their
opinions, because they had not run into Mayor Pro Tern PlercV previously.
He then referred to the skateparks being installed by other cities, and noted that
the other cities had large parks, which Cypress did not. CouncIimember Mccoy observed
that there was no way of installing a skatepark in the City of Cypress without affecting
someone's quality of life because of the way the parks are configured.
Councilmember McCoy said that the matter had been under consideration for two
years, and that no progress had been made. Therefore, he said it was time that the
10
CITY COUNCIL MINUTES AUGUST 9, 1999
~:riterla for the park be reviewed, In order to make other potential locations for the park
available. He suggested that the bottom of the Nature Park be consldered, near a fenced-
In flood control area that can be controlled. Councilmember MCCOy admitted that no
bathroom was available, but that the area was Isolated enough so no one would be
bothered by the use.
councilmember McCoV listed his objectlons to the use of Veterans Park"' as
follows: Ball Road has a 45-mile per hour speed limit, which means cars go 50-55 miles per
hour. He noted that If an accident occurred, the vehicles involved may end up in the
park. He said that no other park In Cypress had a chlidren's play area near a busy street.
and also conjectured If someone fell off a skateboard, it could fly out into Ball ROad and
cause an accident.
Councilmember McCOy said that the sidewalks surrounding Sorrento were used by
residents of all areas of Cypress. He observed that the sidewalks were wide, and Sorrento
constituted a two-square mile walk. He sald that people also ride their bikes and push
their baby strollers around the neighborhood. He referred to the pavilion recently built
in Veterans Park to be used for family picnics, which gets used almost every weekend.
Councilmember McCoy said that Veterans park is heavily used by the community, because
of Its lovely setting, and he could not understand why the park was reported to be
underutilized.
Councilmember MCCOy acknowledged that all skateboarders are not rude, and said
he had a 16-year old boy In the audience, as well as a 12-year old daughter who rides
skateboards. However, it was his contention was that a skatepark will attract not only
local children, but also will draw an undesirable element. He said that the skatepark
would not be as closely supervised by parents as are other sports activities in Cypress, and
would therefore become a "hang-out" and a potential source of disciplinary problems.
Councilmember MCGIII Said he appreciated the arguments proffered by
Councilmember MCCOy, and noted that a lot of forethought had gone into them. He
referred to the various locations suggested for the skatepark, and the attendant safety
issues.
CouncIimember MCGIII thOUght skateboarders from other communities would
probably prefer to go to the bigger facllltles in cerrltos and Long Beach. He referred to
two children In the audience he encountered in Veterans Park, had Invited them to
attend the City council meeting, and Introduced them as Troy Alkman and Ken Grlffey.
Cou:ncllmember MCGIII said that the boys had been skateboarding In Veterans Park, and
were two of only four kids using Veterans Park that afternoon. He also apologized to
Isaac Houseman, saying he didn't have a pre-dlsposed agenda with the skatepark issue.
Councilmember MCGIII said It was not a major Issue when he ran for City Council; rather,
the issue was the Children. He said that Troy and Ken Were the same as the kids he
encountered when working as a Little League coach and as a Cub Scoutmaster.
Councilmember MCGIII said the Issues ralsed by Councilmember McCoy had merit,
but he would like to consider all issues again, and possibly take a look at the Nature Park
as a, potential site. He said he had passed Veterans Park at many different times and days,
and did not see that It was used intensely. He noted that Oak Knoll was heavily impacted,
but that he saw nothing "immoral or unethical" about taking second look at Veterans
Park.
A motlon was made by Councilmember MCGIII, seconded by Mayor Pro Tern Piercy,
and carried by the following roll call vote that the city Council, acting as the ex off/cio
governing Board of Directors for the Cypress Recreation and Park DiStrict, authorize the
reconsideratlon of Veterans Park as a possible skatepark site:
AYES: 3 COUNCILMEMBERS: MCGilI, Piercy, Keenan
NOES: 1 COUNCILMEMBER: MCCOy
ABSENT: I COUNCILMEMBER: Sondhl
After the motion and second had been made, Councilmember McCoy interjected
another comment. He told the people In the audience that they were representative of
the community, and that they needed to observe how the vote was cast. He reminded
them that if the skatepark ends up in Veterans Park it would take three votes to put it
there, but it would only take three Votes to "put it back out...and your votes at the next
election will mean a lot."
The Mayor Pro Tern responded to this by stating she did not run for City Council to
spend four years worrying about whether or not she would be re-elected. She stated
that she would rather vote and do what she thought was right for the majority of the
community; that she listens to all who attempt to speak to her, and that a threat of
11
CITY COUNCIL MINUTES AUGUST 9, 1 999
"you'd better watch out" does not mean anythlng to her. She noted she was unable to
"satisfy everybody" but hoped when she leaves office, she will leave a portion of the
community satisfied with work she completed Whlle in office.
The Mayor said he agreed with those comments. He noted that serving on the
Council is volunteer work, and that he was doing his best to serve the needs of the
community. The Mayor noted that districts In the City were not served by Individual
Councilmembers; In other words, Mayor Keenan did not represent Just his neighborhood,
and Councilmember McCoy was not only representing Sorrento--but represented the
entire City. The Mayor noted that the Councilmember could vote any way he Wished to.
The Mayor said that when a site for the skate facility ls was finally decided, it would
be important to do an education process to teach the surrounding community about the
facility when the skatepark Is constructed.
This item was concluded at 9:00 p.m., at which time the Mayor announced a ten-
minute recess. At 9:09 p.m., Mayor Keenan announced a one-minute warning that it was
time for the meeting to reconvene. The meeting was reconvened at 9:10 p.m. with all
Councilmembers present with the exception of Councilmembers MCCOy and Sondhi. The
Mayor said he would like to start by apologizing for some comments he had made earlier.
He noted again that it was a "volunteer Job" and that there were a number of items on
the Agenda yet to be considered which should go smoothly. He noted that all of the
Councilmembers work Very hard to do a good job; the hardest part of which is to be in
front of large crowd of people and not being able to please everyone.
AWARD OF CONTRACTS
Renewal of Animal Control Services Contract.
Interim Public Works Director Scholl presented the staff report, advising that the
annual animal control services contract was due for renewal. He identified the contract
as an $80,000 Item, for which a new contract has been negotiated with the County. Mr,
Scholl said that Contracts & Environmental Affairs Manager, Gonzo Vasquez, was available
to answer any questions, as was Mark McDormand, Director of Orange County Anlmal
Control.
The Mayor asked about the new animal control facility being constructed, inquired
about the plan to finance that facility, and how the cost will be apportioned among the
cities that are the member of the agency. Mr. McDormand said the county is in the
process of hiring an architect for the amount of approximately $700,000 In a good faith
effort of toward proceeding with the project. A site In Tustin of approximately four
acres has been designated for the facility. Negotiations are currently underway with the
City Managers' Group and the CEO Department as to how those appropriations will be
made. NO firm commitment has been made by either side, and no confirmed numbers
are presently available.
AT 9:15 P.M., COUNCILMEMBER MCCOY RETURNED TO THE DAIS.
Councilmember MCGill requested clarification regarding the humane society, or
another organization that deals with animal control In orange county. Mr. Vasquez said
that he was aware of an organization in the City of Huntington Beach that works with the
sheltering of abandoned or surrendered animals, but that It only operates as a shelter.
The Mayor verified that the contract In question Is renewed on an annual basis.
A motion was made by Mayor Pro Tern Plercy, seconded by Councilmember McGilI,
and carried by the following roll call vote that the City Council approve the 1999-00
Agreement for Animal control and Shelter Services with the County of Orange, and
authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the
approval of the City Attorney. Councilmember McCoy Was absent from the dais when the
item was presented to Council, so abstained from voting because he didn't hear the staff
report.
AYES: 3 COUNCILMEMBERS: MCGIII, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Sondhl
ABSTENTIONS: I COUNCILMEMBER: MCCOy
CONSENT CALENDAR:
12
CITY COUNCIL MINUTES AUGUST 9, 1999
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.
It was moved by Mayor Pro Tern Plercy and seconded by councilmember McGill tO
approve Consent Calendar Item Nos. 2 through 9. The motion was carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGIII, PlerCy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBER: Sondhl
Item No. 2. Approval of CIty Council Minutes of the Adjourned Regular Meetings
of July 19, 1999, and July 20, 1999, the Regular Meeting of July 26, 1999, and the Adjourned
Regular Meeting of AuguSt 2, 1999.
Recommendation: That the Cib/Council approve the Minutes of the Adjourned
Regular City Council Meetings of July 19, 1999, and July 20, 1999, the Regular Ci~/Council
Meeting of July 26, 1999, and the AdjoUrned Regular Meeting of AUgUSt 2, 1999, as
submitted, with Councilmember Sondhl abstaining on the July 19, 1999, minutes due to
her absence from the meeting.
Item NO. 3: MOtiOn tO Introduce and/or Adopt All Ordinances and Resolutions
Presented for consideration by Title Only and to Waive Further Readinq.
Item No. 4: ApprOval of Amendment to Design Review Committee Permit No. 99-
10, Request to Increase the Size of a Second-Story Master Bedroom and Bathroom
Addition to an Existing Single-Family Residence, Located at 10371 Whirlaway Street, and
Approval of Design Review Committee Permit NO. 99-21, Request to Construct a First- and
second-story Addition and Remodel an Existing Residence, located at 10512 Chestnu~
Street.
Recommendation: That the City Councll adopt the Resolutions by title only, titles
as follows, approving Amendment to Design Review Committee Permit NO 99-10 and
Design Review Committee Permit No. 99-21, with Conditions.
Resolution NO. 5129
A Resolution of the City COunCll Of the City of Cypress
Approvlng Amendment to Design Review Committee Permit No. 99-10, With Conditions
ResolUtiOn NO. 5130
A Resolution of the City Council of the city of Cypress
Approvlng Design Review Committee Permit No. 99-21, with Conditions
Item No. 5: Proclaiming September 20-24, 1999, as "LawSUit Abuse Awarenes~
Week" in the CI~/of Cypress.
Recommendation: That the Mayor and Cib/Council officially proclalm September
20-24, 1999, as "Lawsuit AbUSe Awareness Week" In the CI~/of Cypress, as requested.
Item No. 6: Approval of Plans and Speclflcations and Authorization to Advertise
for Bids for Construction of Restroom Remodel at Arnold/Cypress Park, Public Works
Project NO. 9846.
Recommendation: That the City Council approve the Plans and Specifications and
authorize staff to advertise for bids the Construction of Restroom Remodel at
Arnold/Cypress Park, Public Works Project No. 9846.
Item No. 7: Adoption of a Resolution EstabliShing Benefits for Management
Employees.
~ecommendation: That the CitV Council, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park DiStrict, adopt the Resolution bv
title only, tttie as follows, establishing benefits for management employees.
13
CITY COUNCIL MINUTES AUGUST 9, 1999
Resolution NO. 5131
A Resolution of the city Council of the City of Cypress, and Acting as the
Ex Officio Board of Directors of the Cypress Recreation and Park District,
a Subsidiary DiStriCt Of the City of Cypress, Establishing Benefits for
Management Employees.
Item klo. 8: Approval to Participate In the Bulletproof vest Partnership Grant
Program.
Recommendatlon: That the City Councll approve the Police Department's
participation In the BVP Grant Program and to proceed with the reimbursement process
upon notification of grant application approval.
Recreation & Park DIStriCt Matters:
Item NO. 9: Acceptance of Heating and Air Conditioning the Cypress Civic
Theater, Public Works Prolect No. 9824.
Recommendation: That the City Council, acting as the ex officio governing Board
of Directors of the Cypress Recreation and Park DiStriCt: 1) ACCept the Installation of the
heating and air-conditioning system for the Cypress Civic Theater as being satisfactorily
completed in substantial conformance with the project specifications; 2) Approve the
final retention payment of $3,850.00 to Temp-Air Heating and Air Conditioning, Inc., 601-A
West Lambert Road, La Habra, Callfornla, 90631, 35 days after the Notice Of Completion is
filed, if no objections have been filed, upon the Director of Public Works' concurrence;
and 3) Authorize the City Clerk to release the Labor and Materials Bond and the I:aithful
Performance Bond upon expiration of the lien period, If no claims or objections have
been filed, upon concurrence of the Director of Public Works.
ORDII~ANCES (Second Reading):
10. An Ordinance of the City Council of the City of Cypress, California,
Amending Subsections 13-70(3), 13-70(I) and Subsection 7.17.B.l.b Of Appendix A of the
Cypress City Code, Relating to LImitations on Hours of Construction, Repair, Remodeling,
Grading, and Maintenance of Real Property.
The Mayor noted that since the first reading of the Ordinance had been approved,
Council had received a letter from a resident with an attached petition, requesting that a
compromise be made In the starting time designated In the Ordinance. AS originally
written, the Ordinance called for a 9:00 a.m. starting time; the letter asked for an 8:00
a.m. start time.
The Mayor Pro Tern said that when she had originally agreed to the 9:00 a.m. start
time, it had been In her mind the 9:00 a.m. time would be for commercial and not
residential activities. When it was determined that It would apply to residents as well, she
said that she would have no problem with changing the start time to 8:00 for the
residents.
The City Attorney cautioned that because an equal protection issue was involved,
the start time for both commercial and resldentiai operations would need to be the
same. Legally, it would not be reasonable to rationalize a difference between noise of
commercial or residential origin.
The Mayor said that there was an ordlnance In the Code which provided for a 7:00
a.m. start time, regardless of what equipment was used. He said the reason the change
to the ordinance had been originally requested was because a helicopter had been used
to install an air conditioning unit at Panasonlc beginning at 7:00 a.m. the previous Labor
Day weekend. There Is also an ordinance In the Code which requires that a leaf blower
not be activated until 10:00 a.m. on the weekends. The Mayor related that he has
neighbors who consistently utilize their chainsaw at 7:00 a.m. on SaturdaV mornings,
despite his repeated requests for them to desist.
The MaVor said that he had spoken with the woman who had written the letter
(who is a resident of his neighborhood). The Mayor said he had done an informal surveV
of his neighborhood at 9:00 a.m. on a Saturday morning, and determined from the
number of newspapers In the driveways that a lot of people weren't stirring at that time.
AS a result, Mayor Keenan felt that 8:00 a.m. was a illtie too early. He spoke with 20
people, and 18 of them opined that 9:00 a.m. was a reasonable time to start power
equipment.
14
CITY COUNCIL MINUTES AUGUST 9, 1999
The City Attorney advised that If the Ordlnance was changed to reflect new
starting times, such a change would be deemed substantive. Therefore, the revised
Ordinance would have to be re-noticed and re-introduced for a first reading.
Councilmember MCGill asked the City Attorney If the matter hinged upon the use
of mechanical devices, and whether or not they were used by residents or commercial
ventures. The City Attorney replied that the equal protection rule stipulated that similar
noises generated bY divergent uses had to be treated equally unless a very compelling
reason existed for differentiation.
A motion was made by Councilmember MCGIII and seconded by Mayor Pro Tern
Piercy to Amend Sections 2 and 3 of the Ordinance to reflect an 8:00 a.m. starting time
on Saturdays and Sundays; to re-notice the public hearing, and to re-introduce the
Ordinance with the changes requested. The motion was carried by the following roll call
vote:
AYES: 3 COUNCILMEMBERS: MCCOy, McGiII, Pieroy
NOES: I COUNCILMEMBER: Keenan
ABSENT: 1 COUNCILMEMBER: Sondhl
NEW BUSINESS:
11. AdditiOnal County Library Funding and Request to Extend Cypress Library'~
Operating Hours to SUndayS.
Mr. John Adams, Orange County Librarian, Introduced himself. He began by
congratulating the City Manager on obtaining his new position, noting that Orange
County as well as the City of Cypress would suffer a loss with him leaving. He noted that
at the time Mr. Ochenduszko began his employment with the City of Cypress, the public
library system appeared to be on the verge of collapse. At that time, the City Manager
offered to serve on the City Managers Association Task Force which concentrated on the
library issue. Mr. Adams thanked him for his efforts on behalf of the libraries.
Because the public library system has significantly recovered since 1996, the library
budget is now primarily developed by the Library AdviSory Board, comprised of
representatives from each of the 22 Orange County cities served. Mayor Pro Tern Piercy Is
the representative from the City of Cypress.
Mr. Adams said that once the Board has reviewed the total revenues and
determined how much is available for library operations, that recommendation is
forwarded to the Board of Supervisors. Once approved by that body, a mathematical
formula is applied to the amount available for operations, to determine the allocation for
each city's library operation.
The current allocation for the City of Cypress Includes $40,000 in addition to
sufficient funds to maintain the current level of operation.
The recommendation from library staff and the orange County library advisory
personnel was that the Cypress Branch Library add a sixth day of operation to its current
schedule. It was felt that the needs of the community could best be met by opening the
library on Sundays, as other area libraries are currently open on Fridays, which would be
the other alternative day for Cypress.
A motion Was made by Councilmember McGlil, seconded by Mayor Pro Tem P]ercy,
and carried by the following roll call vote that the additional funding made available for
the Cypress Library by the Orange County Public Library be utilized to open the Cypress
Branch Library for extended hours on Sundays:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGilI, PtercV, Keenan
NOES: 0 COUNCILMEMgERS: None
ABSENT: 1 COUNCILMEMBER: Sondhl
12. Appeal of Community Development Dlrector's Decision Regardlnrl
Amendment to Conditional Use Permit No. 96-17, a Request by Mr. Sal Hassan to Add a Full
Service Hand Car Wash, located at 5999 Cerrltos Avenue.
Mayor Keenan advised that the applicant had requested that this item be
continued to the City Council meeting of Monday, September 13, 1999.
A motion was made by Mayor Pro Tern Pieroy, seconded by Councilmember MCGiII,
and carried by the following roll call vote to continue Item No. 12, "Appeal of the
Community Development Dlrector's Decision Regarding Amendment to Conditional Use
Permit NO. 96-17" tO the City Council Meeting to be held on Monday, September 13, 1999:
15
CITY COUNCIL MINUTES AUGUST 9, 1999
AYES: 4 COUNCILMEMBERS: MCCOV, MCGIll, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBER: Sondhl
13. Confirming Appointment to the Recreation and Community Services
Commission.
Mayor Keenan announced that at the meeting of August 2n~, 1999, Mr. Philip
Luebben had been appointed as Commissioner to the Recreation and Community Services
Commission. Mr. Luebben replaced MrS. Gloria Livingston.
14. Appointment of Alternate Representative to the Orange County Regional
Airport AUthority.
The City Manager advised that the Orange County Regional Airport Authority had
submitted a request for the City Council to consider the appointment of an alternate
representative to the Board. Councilmember Sondhl is the City's current representative
to the Orange County Reglonal AirpOrt AUthOrity.
The Mayor Pro Tern noted that the meetings of the AUthOrity are held monthly on
Wednesday afternoons, a time which conflicts with the Sanitation District meetings Which
she was required to attend. Councilmember MCGIll volunteered to serve as the alternate
representative to the AUthOrity.
15. Adoption of a Resolution of Intention and Approval of the First Reading of
the Ordinance to Amend the Contract with the Public Employees' Retirement System to
Include Two-Percent (2%) at Fifty-Five (55) Retirement Formula.
Director of Finance & Administrative Services Richard Storey presented the staff
report regarding this item. Mr. Storey reported that on July 12, 1999, the City Council
adopted Resolutions ratifying Memoranda of Understandlng between the City and
Various employee assoclatlons. Included in the memoranda were provisions that the City
would proceed with an amendment to the contract between the Public Employees'
Retirement System (PERS) and the City to change from the two percent (2%) at sixty (6O)
to the two percent (2%) at fifty-five (55) retirement formula. In order to make this
change, a Resolution of Intention must be adopted and a first reading of the ordinance
must be approved.
Mr. Storey said that according to a recent actuarial study prepared by PERS for the
City of Cypress, the Impact of adopting this amendment to the contract will include a
change in the present value of benefits of S2,376,867. This amount is needed today to
fund all future benefits for current memberS of the plan. The accrued liability, or
desirable funding level, will change by $1,510,589. FollOwing amendment to the plan, the
CIty's accrued liability will be funded at a 112.7% ratlo and no change in the existing
employer rate paid by the City will be required. The proposed change in the retirement
benefit will be funded from previous contributions made bV the City on behalf of
employees In the PERS system.
He Said that the money contributed by the City has grown faster than anticipated,
so there is currently more than enough money In the system for everyone employed by
the City who is enrolled in the PERS system.
The Mayor asked whether the amount of overfunding was reported accurately, or
If it could be even more overfunded than reported. Mr. Storey said that the number was
established as the result of an actuarlal report done a couple of yearS ago and then
updated. The report said that over the years the liability had been accrued at a rapid
rate, and that 90% of the cities participating were probably overfunded as well. Mr.
Storey said the report ls updated annually to determine that the figures are correct.
The Mayor asked if the decision to go to the 2% at 55 formula is made, ts the City
still overfunded on some of the other contributions? Mr. Storey responded that the City
will still have more contributions than needed, as will the Police Department with its 2%
at 50 formula.
The Mayor then asked how far that extended and Mr. Storey advised there will be a
minimum of 9-12 yearS before the employer's contribution had to be paid again. He
added that Was the projection, assuming a modest return on the monies expended, and
it was a conservative estimate.
A motion Was made by Mayor Pro Tem Plercy and seconded by Councilmember
McGIII tO adopt the Resolution by title only, tltle as follows, establishing notlce of
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CITY COUNCIL MINUTES AUGUST 9, 1999
intention to approve an amendment to the contract between the Board of
Administration of the California Public Employees' Retirement System and the City of
Cypress, and to approve the FirSt Reading of the following Ordinance bV title only, title as
follows, authorizing the subject amendment:
Resolution NO. 5132
A Resolution of the City Council of the City of Cypress,
Establishing Notice of Intention to Approve an Amendment to Contract
Between the Board of Administration of the California Public
Employees' Retirement System and the City of Cypress
Ordinance No.
An Ordinance of the City Council of the City of Cypress, California,
Authorizing an Amendment to the Contract between the City of Cypress and
the Board of Administration of the California Public Employees' Retirement System
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
0 COUNCILMEMBERS:
I COUNCILMEMBER:
MCCOy, MCGilI, Piercy, Keenan
None
Sondhl
16. Approval of Commercial warrant List for Warrant NOS. 38744-39002.
Because of a personal financial interest, Mayor Keenan abstained from voting on
Warrant NOS. 38767, 38768 and 38769. No questions regarding the warrants were
forthcoming.
A motion was made by Councilmember McGill, seconded by Mayor Pro Tern Piercy,
and carried by the following roll call vote (with Mayor Keenan abstaining on Warrant Nos.
38767, 38768 and 38769) to approve the Commercial Warrant List for Warrant Nos. 38744-
39002 totaling $2,389,335.74:
AYES: 4 COUNCILMEMBERS: MCCOy, MCGilI, Piercy, Keenan
NOES: 0 COUNCiLMEMBERS: None
ABSENT: I COUNCILMEMBER: Sondhi
The meeting was recessed at 9:39 p.m. in order that the city Council could meet as
the Cypress Redevelopment Agency.
REPORT BY COUNCIL ON COMMITTEE ASSIGNMENTS:
Following diSCUSSIOn Of the Redevelopment Agency business, the Mayor
reconvened the meeting at 9:50 p.m., and requested reports on Committee Assignments
from the Council representatives.
Mayor Keenan reported he had artended an OCTA meeting during which the
Pacific Electric Right-of-way was discussed, with emphasis on its relation to the City of
Cypress. OCTA has acquired federal grant money to assist in the landscaping of the P-E
Right-of-way, and cypress will be addressed in the second half of Phase II of the project.
This means that landscaping the Right-of-way will begin sometime during the next six to
seven months. This will be done to cover an area approximately 50' in from the main
thoroughfare adjacent to the property, and will be completed in four locations in
Cypress. The Mayor said he will make copies available to the Councilmembers, and will
provide a copy to the City Clerk's office to be made available to anyone interested in
seeing it.
The Mayor said the reason the project was being completed in two phases, was
because the Pacific Electric Right-of-Way is still In use by a train that goes through the City
of Cypress. OCTA is in contact with the rail company operating the train, and the
company is expected to file for abandonment of that rail by the end of 1999. 0CTA
therefore is waiting until the tracks can be removed prior to completing the landscaping.
During a half-day OCTA retreat held during the prior week, long-term plans relating
to a light rail proposal for Orange County were discussed. Particular emphasis was placed
on financing issues for same. In the autumn of 1999, public hearings regarding the light
rail proposal will be scheduled.
A single-source contract for ADA and ACCESS bus service in the County of Orange
was approved at the OCTA Board meeting earlier in the day. The contract, which is
17
CITY COUNCIL MINUTES AUGUST 9, 1999
projected to save OCTA $8,000,000 over a five.year period, Is expected to provide
increases in the ADA and ACCESS bus services in Orange County. The contract was
awarded to Laidlaw Transit.
The Mayor Pro Tern commented she and the Mayor had artended the League of
California Cities Conference in Monterey, which she found to be an extremely beneficial
experience. She wished to thank the citizens of Cypress for sending them to the
Conference, because she learned a lot from the experience.
The Mayor agreed with these sentlments, and said he would give copies of the
Conference materials to the other Councilmembers.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda
Mary Crowder, Cypress resident, addressed the Council. MrS. Crowtier spoke Of the
need to install either traffic signals or signs for people exiting Leilanl Lane and
proceeding to the adjacent Industrial area. MrS. Crowder said a man was killed the prior
Friday night, and a lady on a corner in the area has had her fence seriously damaged
twice. Another resident in the area also lost his fence. She stated a meeting should be
held between the Mayor of Garden Grove and the Mayor of Cypress to determine what
course of action to follow before anyone else Is killed.
MrS. Crowder referred to the proposed DOg Park, saying she thought It was a great
idea. She complained about people allowing their dogs to defecate in cypress parks.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda
There were no matters to consider.
ADJOURNMENT:
AS there was no further business to consider, at 10:00 p.m. the Mayor adjourned
the.meeting to 5:30 p.m. on AugUSt 16, 1999, in the Executive Board Room, West Wing of
City Hall, 5275 Orange Avenue, Cypress, California, for the purpose of conducting
interviews of search firms in regard to recruitment of a new City Manager. Mayor Keenan
advised that the regularly Scheduled City council meeting of August 23, 1999, had been
canceled, and that the next regularly scheduled meeting of the Council would be held on
Monday, September 13, 1999.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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