Minutes 99-07-12MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
JULY12,1999
A regular meeting of the CiD/of CYpress City Council was called to order at 5:30
p.m. bV Mayor Keenan in the Board Room, West Wing of City Hall, 5275 Orange Avenue,
Cypress, California.
PRESENT: Councilmembers McCoV, MCGilI, Sondhi, Mayor Pro Tern Piercy, Mayor Keenan.
Also present were Acting City Manager Storey, City Attorney Wynder, and staff members
Liu, HensleV, and Davis.
WORKSHOP SESSION:
A workshop session consisting of a presentation prepared by the City of Cypress
Y2K Committee was held to inform the Council of the status of the clty's Y2K
preparedness for the year 2000 date conversion. The presentation Was made by Denlse
DAVIS, Emergency Services Coordinator.
Ms. Davis advised that at the direction of the CIty Manager, a City Y2K Committee
had been formed to (1) examine current City systems for Y2K compliance; (2) recommend
repair or replacement of non-compliant systems; (3) develop an adequately staffed
emergency response plan for potential disruption of services be~veen December 1999
and January 2000; and (4) educate the community regarding Y2K preparedness through
dissemination of informative literature and Lhe scheduling of community meetings.
EaCh City department assigned a representative to the Y2K committee, and each
department Was responsible for developing an emergency response plan. These plans
will all be incorporated within a CI~ Master Plan that will ensure maintenance of the
public peace.
During the months of July through october, 1999, the City will host a series of
community presentations designed to educate the public about Y2K preparedness. In
addition, the following will be done to enhance public knowledge: articles will be
prepared and distributed regarding City, business and individual preparedness; business
preparedness information will be channeled through the chamber of Commerce; City of
Cypress employee training bulletins will be circulated, and employees will be trained in
contingency and tactical plans. A "home preparedness" booklet will be distributed
through schools and other mediums; information booths regarding Y2K will be set up at
local fairs and festivals. Seminars for community and local businesses will be scheduled,
and a Y2K cable show, "Your City, Your Police", will be broadtasted.
At the Conclusion of Ms. Davis' presentation, Councilmember MCCOV asked what
levels of staffing Will be maintained bV the Police Department. Chief HensleV responded
that during the latter part of 1999-2000, staffing will be maintained at optimum levels to
adequately control any potential threat to the public safety. Additionally, the Chief
advised that the City Manager issued a directlve cancellng all days off during the
conversion period. NO vacations during that time wlll be authorized in order to ensure
optimum staffing levels.
In regard to the public safety system, the chief reported that the 911 and CAD
systems are Y2K Compliant. While the Records Management System is not Vet totally
compliant, It will be brought into Conformity in the near future.
Councilmember McCoy asked if the City's individual computers had been checked
for compliance; Ms. Davis responded in the affirmative. She added that those found to
be non-compliant had already been repaired or replaced.
MayOr Keenan wanted to know if all the soft~/are was compliant as well, and was
told bV MS. Davis and the Chief that it had also been checked, and was found to be in
order.
RECESS:
At 6:15 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.
CITY COUNCIL MINUTES JULY 12, 1999
7:00 P.M. SESSION:
The meeting reconvened at 7:00 p.m.
PRESENT:
Keenan.
Councilmembers MCCOV, MCGIII, Sondhl, Mayor Pro Tern Plercy and Mayor
AlSo present were ACting City Manager Storey, City Attorney Wynder and
staffmembers Scholl, DiCarlo, Commerdlnger, Hlno, Hensley, Llu and DAVIS.
PLEDGE OF ALLEGIANCE:
Councilmember McGIII led the Pledge of Allegiance.
INVOCATION:
The invocation was given by Police Chaplain Jerry Schumard, Assistant Pastor,
Cypress Baptist ChUrCh.
PRESENTATIONS:
Presentation to the City Council by Linda Sunley, Chair of the Cypress Festival
Association.
The Mayor introduced Linda Sunley, Chairperson of the CYpress Festival
Association. Mrs. Sunley introduced her associates, Barbara Means, Ethel Bowman and Karl
Dash.
MrS. SunleV provided an outline of many of the events planned for the Cypress
CommunlL-y Festival scheduled on July 24, 1999, in Oak Knoll Park. MrS. SUnleV Said that
the Festival has been classified as the largest one-day festival in orange County.
She advised that posters advertising the Festival have been printed and are
available to local businesses through the Cypress Recreation and Park District.
Mrs. SunleV and the other Festival representatives then presented bags containing
Festival shirts, posters and brochures to the City Councilmembers and for the City
Manager. Mrs. Sunley Informed the Council that the 1999 Cypress Festival LogO, which
appeared on the shirts, was designed by a Lexington Junior High School student.
Upon conclusion of the presentation, Mayor Keenan commended the Festival
Committee on the excellent work they had done in preparing for this year's Festival,
which was somewhat complicated by moving the event to a new location.
Presentation of Certificate of Achievement for Excellence In Financial Reporting
Presented to the CItY of Cypress. and an Award of Financial Reporting Achievement to
Richard Storey, Finance Director, from the Government Finance Officers Association of
the United States and Canada.
The Mayor presented Finance & Administrative Services Director Storey with the
Certificate of Achievement for Excellence in Financial Reporting for the City of Cypress,
and the Award of Financial Reporting Achievement, which were issued by the
Government Finance Officers Association of the United States and Canada.
Mr. Storey thanked the Finance Department s~aff, who, he said, deserved the
credit for earning the awards. In response to a question asked by the Mayor, Mr. Storey
said that the City of Cypress had received this award for 14 consecutive years. Of 36,000
cities, only 1,400 (or 4%) receive this award.
Presentation on Y2K Preparedness. Emergency Services Coordinator Denise DaViS
repeated the Y2K presentation she had previously made during ~:he Workshop Session.
At the conclusion of her presentation, the Mayor informed the public that
increased staffing levels would be in place to address any emergencies which may occur
during the year 2000 transition period. Councilmember MCGIII advised that a Y2K
information booth would be available at the Cypress Community Festival.
Councilmember Sondhi stated that information regarding Y2K was available on the City of
Cypress website. The Mayor provided the Clty's website address: www.cl.cypress.ca.us.
REPORT OF CLOSED SESSION WORKSHOP AGENDA:
CITY COUNCIL MINUTES JULY 12, 1999
ACting Clty Manager Storey reported that during the Workshop Session, a
presentation regarding the city of Cypress' Y2K Preparedness Plan had been made to the
City Council.
The City Attorney advised that in compliance with CaLGovt. Code ,~54957, a third
amendment had been added to the City Manager's contract.
In addition, City Attorney Wynder stated that a last-minute request requiring the
Council's immediate attention had been received from the Santa Barbara County Counsel.
This item required Council action in order to be placed on the agenda for consideration,
The matter concerned a request to Include the City of Cypress as amlcus curiae in an
appeal to be filed with the Ninth Circuit Court of Appeal in re the matter of Tahoe SIerra
Preservation Council v. Tahoe Regional Plannlnq Council, 34 F.SUpp.2d 1226 (D.Nev.1999).
Representing the interests of both the california State Association of Counties and the
League of California Cities, counsel considers this matter to be of significant impact, as it
may adversely affect a planning authority to Impose planning moratorla as provided for
in CaI. Govt. Code ,~65858. Mr. Wynder instructed the Council that a motion, second, and a
4/5s vote would be required to list the item on the agenda as Item No, 17.
A motion was made by Councilmember Sondhi and seconded by Mayor Pro Tern
Pieroy to add Item 17 to the agenda; "Request for the City of Cypress to Participate as
Amicus Curiae on behalf of the League of California Cities in an Appeal to the Ninth Circuit
COurt of Appeals." 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
ORAL COMMUNICATIONS:
Once.
Limited to One. Half HoUr (Three Minutes Per Speaker, Speaking
Mayor Keenan advised that a public hearing regarding MediaOne's programming
and services was scheduled for July 15, 1999, at 4:00 p.m. in the Councll chamber. He
encouraged the public to attend, as the meeting will provide a forum for the publlc's
input In regard to cable service prior to consideration of renewal of the MediaOne
contract.
The Mayor also commended all those involved In presenting the Joint Cities 4th of
July Celebration which was held on Sunday, July 4th, at the Armed Forces Reserve Center.
Mayor Keenan said it was a terrific program, and that Johnny Grant had artended, in
addition to many others.
AWARD OF CONTRACTS:
1. Award of Contract for 1998-99 Residential Street Resurfacln.q, Public Works
Project NO. 9905.
Interim Public Works Director Scholl presented the staff report for this item. He
said that the purpose of the report was to recommend the award of a contract to
resurface the residential streets located north of Orange Avenue, south of Lincoln
Avenue, west of MoOdy Street and east of Denni Street, Residential streets east of Dennl
Street and west of the Sorrento development will also be resuffaced.
On July 6, 1999, eight bids were opened for the project. Low bid came in at
$327,480.85, and Was submitted by All American Asphalt. Mr. Scholl advised that sufficient
money had been budgeted to cover the cost of this project.
Mayor Keenan noted that some problems had resulted the last time this type of
project had been done, and wanted to know if the same contractor had been used. Mr.
SChOII replied that It was not the same contractor.
A motion was made by Councilmember MCGIII, seconded by Councilmember
MCCoV, and carried bY the following roll call vote that the City Council (1) Determine the
lowest responsible bidder for Public Works Project NO. 9905 tO be All American Asphalt,
P.o. Box 2229, Corona, California 91718-2229; and (2) award a contract for residential
street resurfaclng in the amount of $360,228.00 (bid amount of $327,480.85 plus ten-
percent contingency) to All American Asphalt:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGilI, Sondhi, Piercy, Keenan
None
None
CITY COUNCIL MINUTES JULY 12, 1999
2. Award of Contract for Purchase of a Replacement Traffic Striping Machine.
Interim Public Works Director Scholi presented the staff report for this item as well. Mr.
Scholl advised that the purchase of a replacement traffic striping machine had been
approved by the City Council In the 1998-99 fiscal year budget. The machine to be
replaced was purchased In 1977; the manufacturer has subsequently gone out of
business. Therefore, in order to keep that machine running, it has been necessary to
have certain custom parts made, which was an expensive process.
Mayor Keenan wanted to know if it would be necessary to do the same for the
new machine. Mr. Scholl responded that the new machine was manufactured nationally,
and that parts would be readily available.
Councilmember McCOy noted that the company making the last machine went out
of business, and questioned the likelihood of that event occurring again. Mr. SChOll
responded that the company had been in business for 20 years, and its parent company a
great deal longer. It was therefore very unlikely that it would go out of business, as it
was a well-eStablished, stable company.
Mayor Pro Tern Piercy wanted to know how many different companies made this
type of specialized machine; Mr. Scholl responded that there were four manufacturers.
A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember MCGilI,
and carried bV the following roll call vote that the City Council award a contract to
purchase a Model TMT 63P Highway Striping Machine with airless spray, per the
specifications outlined in Request for Quotation NO. 9899-6, to MortOn Traffic Markings,
Morton International, Inc., 1021 North MIssion Road, LOS Angeles, California, 90033, In the
amount of $72,781:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McGllI, MCCoy, 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 No. 7 be pulled from the Consent
Calendar.
Mayor Pro Tern Plercy requested that Item NO. 11 be pulled from the Consent
Calendar.
It was moved by Councilmember Sondhi and Seconded by Mayor Pro Tern Piercy to
approve Consent Calendar Item Nos. 3 through 12, with the exception of Item Nos. 7 and
11. The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, Sondhi, Piercy, Keenan
None
None
Item NO. 3. Approval of City Council Minutes of the Regular Meet ng of June 14,
1999, the Adjourned Regular Meeting (TOWn Hail Meeting) of June 21, 1999, and the
Regular Meeting of June 28, 1999.
Recommendation: That the City Council approve the Minutes of the Regular
Meeting of June 14, 1999, the Adjourned Regular Meeting (TOWn Hall Meeting) of June 21,
1999, and the Regular Meeting of June 28, 1999.
Item NO. 4. MOtiOn tO Introduce and/or Adopt All Ordinances and Resolution~
Presented for Consideration by Title Only and to Waive Further Readlnq.
Item No. 5. Approval of Design Review Committee Permit NO. 99-17, Request to
Install Two (2) Wall Signs for NEC, Located at 5856 Corporate Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit NOS. 99-17, With conditions.
4
CITY COUNCIL MINUTES JULY 12, 1999
Resolution No. 5116
A Resolution of the City Council of the City of Cypress
Approving Design Review Committee Permit No. 99-17, with Conditions
Item No. 6. Adoption of Memorandum of Understanding and AUthOrizinq
Resolutions for the Cypress Employees' Association, Public Works Maintenance
Supervisors' Association, and the Cypress Maintenance Employees' Association.
Recommendation: That the City council adopt the Resolutlons by title only, titles
as follows, ratifying the Memoranda of Understanding between the CIty and the Cypress
Employees' Association, Cypress Public Works Maintenance Supervisors' Association, and
the Cypress Maintenance EmploVee's Association.
Resolution NO. 5117
A Resolution of the City Council of the City of Cypress, and ACting as
Ex Officio Board of Directors of the Cypress Recreation and Park DIstriCt,
a Subsidiary District of the City Of Cypress, Approvlng the Memorandum of Understanding
Between the City of Cypress and the Cypress Employees' Association Concerning
Wages, Salaries, Fringe Benefits and Conditions of Employment
Resolution NO. 5118
A Resolution of the City Council of the City of Cypress, Approving the Memorandum of
Understanding between the City of Cypress and the Cypress Public Works
Maintenance Supervisors' Association Concerning Wages, Salaries, Fringe Benefits,
and Conditions of Employment
Resolution No. 5119
A Resolution of the City Council of the City of Cypress, and ACting as EX Officio
Board of Directors of the Cypress Recreation and Park DIStriCt, a Subsidiary District of the
City of cypress, Approving the Memorandum of Understanding between the
City of Cypress and the Cypress Maintenance Employees' Association
Concerning Wages, Salaries, Fringe Benefits and Conditions of Employment
Item NO. 8. Adoption of Resolution Establishing Salaries for MId-Management
Positions.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, establishing salary ranges for mid-management positions, effective July 9,
1999:
Resolution No. 5120
A Resolution of the City Council of the City of Cypress, and Acting as Ex Officio Board of
Directors of the Cypress Recreation and Park DiStriCt, a Subsidiary District of the City of
Cypress, Rescinding ResOlUtiOn No. 4825 and Establishing Salary Ranges and Benefits for
Mid-Management Positions
Item No. 9. Selection of Youth Commission Alternate for the 1999-2000 Term, a~
Recommended by the Recreation and Community Services Commission on June 15, 199.9.
Recommendation: That the city Council approve the Appointment of Margaret
Pe~a to serve as an Alternate Youth Commissioner for the 1999-2000 term, as
recommended by the Recreation and Community Services Commission.
Item No. 10. Adoption of Resolution in Support of the Santa Ana Watershed
Project AuthOrity'S Water Storage Program.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, in support of the underground water storage program designed by the Santa
Aria Watershed Project Authority.
Resolution NO. 5121
A Resolution of the City Council of the City of Cypress, Supporting the Santa Ana Project
Authority's Water Storage Program.
5
CITY COUNCIL MINUTES JULY 12~ 1999
Item No. 12. ApprOval of Senior Citlzens Nutrition Amendment NO. I to
Agreement NO. C-88-01899 with the Orange County Transportation AuthOrity, for the Four-
MOnth Period July 1, 1999, through october 31, 1999.
Recommendation: That the City Council, acting as the Ex Officio governing Board
of Directors for the Cypress Recreation and Park DiStrict, approve Amendment No. 1 tO
Agreement NO. C-8-0189 with the Orange County Transportation Authority, extending the
term of the Agreement for four (4) months, July 1, 1999, to October 31, 1999, and no
changes to the cost per passenger trip or to the terms and conditions of the Agreement.
The City pays $1.28 per passenger trip.
Item NO. 7. Approval of Specifications and Authorization to Advertise for Bids
for the 1999-2000 Annual Curb, Gutter and Sidewalk contract, Public Works Project No.
9918.
This item was pulled by councilmember Sondhi. She explained that it was not so
much a question of approval of the specifications and authorization to advertise for bid,
as it was to ask for a point of clarification in terms of the nature by which the need for
wheelchair ramps within the city is identified. She asked if this was something for which
a need had already been assessed. Councilmember Sondhl additionally queried whether
a plan for making all intersections wheelchair accessible was in place.
Interim Public Works Director Scholl replied that for the past 15 years, it has been
the practice to place handicapped ramps on arterial streets, routes that have been
deemed safe to school, and on safe routes that have been developed to serve public
facilities. The ramps are also installed on a request-generated basis.
Mr. Scholl explained that when the federal ADA law was passed In 1992, new
criteria for the ramps was mandated therein. Therefore, several dozen ramps installed
prior to 1992 are currently not in compliance. In general, however, a reasonable amount
of the street work budget is allocated annually to bring targeted ramps into compliance,
with an emphasis on the routes mentioned previously.
Councilmember Sondhi thanked Mr. Scholl for his response, and asked him to
identify the procedure to be observed when requesting installation of a ramp or ramps.
Mr. Scholl responded that an individual could either make a telephone call to the
Department of Public Works or write a letter to same. If the request Is received soon
enough, city staff will attempt to include It In the contract under review. He stated that
during the past two months alone, approximately six ramps have been requested which
will be Included In this contract.
Mayor Keenan noted that during the past year, a resident had requested
handicapped access to a park that had none. That request was handled promptly by
staff. The Mayor also wanted to know if this was an annual request which was part of the
curb, gutter and sidewalk capital improvements. Mr. Scholl responded that it was, and
that the contract represented approximately $100,000 worth of work.
The Mayor then asked how much of the work was dedicated to fulfilling the
requirements of the Americans with Disabilities Act (ADA). Mr. SChOII indicated that
approximately 15% of the contract was dedicated to ADA compliance.
Councilmember McCoy asked if the City received any federal funds for establishing
the ADA-mandated ramps. Acting CIty Manager Storey responded that at the present
time, only General Fund monies were included in the $100,000 contract. He said that
when staff becomes aware of federal grant money available, application is made.
However, he was not aware of a grant ever becoming available to fund ADA-mandated
ramps. Mr. Storey added that money for ADA purposes has been set aside, but have not
received such a grant.
Mr. Scholl said he had received information that most of the federal ADA funds are
directed to the Orange County Transportation Authority for buses and bus facilities.
A motion was made by Councilmember Sondhi, seconded by Councilmember
MCCOy, and carried by the following roll call vote that the City council: (1) approve the
sDecificatlons for the 1999-00 Curb, Gutter and Sidewalk Contract; and (2) authorize CitV
staff to advertise the project for bids:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, MCGilI, Sondhl, Piercy, Keenan
None
None
6
CITY COUNCIL MINUTES JULY 12, 1999
Item No. 11. Approval to Develop a City Green Waste Program.
This Item was pulled by Mayor Pro Tem Plercy. She said that she had pulled It with
the intention of stressing the item to the community members who may be watching
the broadcast of the Council Meeting. The Mayor Pro Tern also said that she wished to
commend the community on their recycling efforts. She stated that the Integrated
Waste Management Act of 1989 mandates that cities are going to have to start reducing
the amount of waste produced. A date of January, 2000, was provided to reduce the
amount of landfill waste. To date, Cypress has reduced Its level by 49%; which she felt to
be a good accomplishment. The Mayor Pro Tern said that achieving this percentage
reflected that many citizens are using their recycling bins, are separating their garbage,
and probably many of them are doing as she did at home; maintaining a trash can for
recyclables and one for waste. She Said that Item NO. 11 represented a request to City
staff to evaluate and prepare a residential green waste program for the City to put in
place by January of 2000, to assist in achieving the additional I% needed for the 50%
reduction in landfill waste.
The Mayor Pro Tern said It would be beneficial for the City's residents to begin
thinking about what actually is being put into the brown bin. She stated that her brown
bin at home is filled with green waste from garden cuttings. The Mayor Pro Tern said that
she had observed a very small amount of trash was actually being generated by her
family as a result of their recycling efforts. She noted that it may behoove everyone to
consider a third container which may be issued, and which may be thought by some to
be inconvenient. The Mayor Pro Tem observed that some other options may be
considered in lieu of issuing a third container, because most Cypress lots do not provide
large side yards to accommodate multiple trash/recycling containers. She also noted that
she had been advised that using a green waste container could reduce landfill trash by
30% during the summer months.
The Mayor Pro Tem concluded by congratulating the Cypress population on their
recycling efforts to date, noting that many communities had not achieved the level of
compliance with landfill reduction requirements met by the people of Cypress.
Mayor Keenan thanked the Mayor Pro Tern for pulling the item, noting that it was
his intention to pull it if she had not done so. During the development of the green
waste program, the Mayor requested that staff investigate options other than the
inclusion of a third can. He noted that It is difficult enough for many people to deal with
the storage and handling of two cans, let alone adding a third can. The Mayor observed
the need for creative thinking in developing the green waste program, and suggested
that the City consider using one of the present cans for disposing of green waste, and
issue a smaller, third can for trash.
Councilmember Sondhl commented she had intended to pull this item also. She
said her concerns were the same as those already addressed. In addition, she felt that
there was a need to direct staff to survey residents in terms of how satisfactory the
current program is. She stated that she, too, uses the large, beige container for green
waste. However, if she has not done any major gardening, the can does not fill up.
Councilmember Sondhl suggested that alternative recycling be considered. She said that
on occasion she has noted the beige containers being used for regular recycling (as
opposed to being used for green waste), as the recycling container was already full. It
was her suggestion that the current program may be in need of "fine-tuning."
The Mayor observed that in his neighborhood there were people not using the
green container at all, except for storage. He noted that Cypress had one of the most
progressive recycling programs in existence, even recycling for Styrofoam--a process
which is not done very often.
The Mayor Pro Tern noted that there will probably never be 100% compliance wlth
recycling.
Councilmember MCGill registered his agreement with the comments that have
been made, noting that the number and size of bins can become a Ioglstics problem for
people in the community; a problem which needs to be addressed by staff. He said that
plans must progress in developing a green waste program, but that he would like to see
some feedback on the size of the bins. He, too, said that he Intended to pull this item.
Councilmember MCCOy observed that the City was currently at 49%. He noted that
a possible solution to the problem would be to have the recyclables picked up each week,
as they do the beige trash can. This would provide a simple solution to the storage of
recyclables. Councilmember McCoy noted that this practice may eliminate the need for a
third trash can, as well as provide the additional percentage to meet or exceed the 50%
reduction goal.
7
CITY COUNCIL MINUTES JULY 12, 1999
Mayor Keenan said that would be a good solution, and noted that It had been
previously discussed In meetings with the trash contractor.
Councilmember McGill registered his agreement with Councilmember McCoy, but
said he would still like to see the staff report regarding green waste.
A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember MeGill,
and carried by the following roll call vote that the City Council authorize staff to evaluate
and prepare a City-wide residential green waste program for implementation by January
2000:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGIII, Sondhi, Piercy, Keenan
None
None
PUBLIC HEARINGS: 7:30P.M. (Pub/It comments restricted to ten minutes per
speaker, unless extended by the City Council.)
13. Public Hearing Re: TO Consider the Renewal of the Cypress CorporatP.
Center Landscape Maintenance District No. I for Fiscal Year 1999-00, City of Cypres~
Prolect No. 8615-90.
Interim Public Works Director Scholl provided staff's report on this public hearing
item. He explained that the purpose of the item was to re-establish the assessment
district created several years ago to separate the industrial area from the residential area
to the south in the project area.
The Cypress Corporate Center Landscaping Maintenance District NO. I was
established to provide for ongoing maintenance of the Stanton Channel landscape betre.
Adoption of the Resolution will provide for assessments on Cypress Business Park
properties which abut the channel, so that maintenance of the berm may continue
throughout fiscal year 1999-00. Mr. SchOII said that these assessments are almost the
same as those levied in the past.
Mr. Scholl said he had received a telephone call questloning the maintenance of
the berm in the Assessment District. He explained that twice a year, the maintenance
contract is advertised, after which time a contractor is selected. The last time this was
done was three months ago, and will be done again In approximately two months. He
explained that the maintenance consists principally of trimming the Vegetation and
landscaping, fixing sprinklers, and other things of that nature. The maintenance of the
berm is supplemented by City staff when indicated. Mr. Scholl said that the cost of the
contract and the City staff services are all allocated to this fund, which Is approximately
$50,000.00 per year Therefore, there is no cost of maintaining the berm to the balance of
the taxpayers.
The Mayor suggested that the maintenance schedule should be accelerated. Mr.
Scholl responded that he had been informed by the Maintenance Supervisor that the
contractor is actually coming three times a year. The Mayor wanted to know if the
DiStrict'S landscaping and general condition were being monitored by City staff; Mr. Scholl
responded in the affirmative. The Mayor pointed out that there were residences in the
area as well as businesses, so close attention should be paid to this maintenance issue.
Councilmember MCGill questioned the timing of events on this item. He clarified
the location of the Landscape District, and asked for relteratlon of what the process
actually entalled. He asked that after approval of the Landscape Maintenance DiStrict, Was
the next step soliciting bids from contractors? Mr. SChOII responded that the solicitation
of bids was a separate issue from the matter under Consideration. He explained that the
Landscape Maintenance DistriCt needed to be renewed, in order to generate the funds
necessary to pay for the maintenance. He explained that the maintenance can be
accomplished in any number of ways. These can include use of City staff, assignment of
one contractor to achieve it on a basis to be determined, and other options. Mr. Scholl
explained that it had been customary to have the maintenance done three times a year,
with the contract awarded to the low bidder each time the matter is put out for bid.
At this point, the City AttorneV interjected that what the Council was being asked
to do was to approve the City Engineer's Assessment Report which spreads the
assessment cost according to a scientific formula set forth In the report. The District Is
already in existence; the Council was merely being requested to approve the annual
assessment as required under the caflfornla Streets and HIghways Code.
8
CITY COUNCIL MINUTES JULY 12, 1999
To clarify the matter further, Mr. Storey added that the Resolution being
considered was ordering the renewal of the Assessment DiStriCt. Additionally, the
Englneer's Report concerning the improvements needed Is also being approved, and an
assessment is being set that will be submitted to the County. As part of that assessment,
parcels and the assessment amount are being sent to the County of Orange to be placed
on the property tax.
Councilmember Sondhi asked if those three separate items were requiring
approval; the City Attorney and Mr. Storey responded that all three Items had been
included in one Resolution containing the appropriate findings.
Mayor Keenan then opened the public hearing on this issue. No comments were
forthcoming, and the public hearing was closed.
Councilmember McCoy Said that he had heard that the contractor formerly
responsible for maintaining the berm failed to live up to the standards set for said
maintenance. He said that while he was aware that the maintenance Issue was not the
one under consideration by the Council, his wish was that In the future, the work of any
maintenance contractor be closely monitored for compliance.
The Mayor agreed with Councilmember McCoy, noting that the issue of the
Assessment DiStriCt and the cost of maintaining same are interrelated.
ACting City Manager said that the amount spent last year on maintenance of the
DistriCt was approximately $30,000. The assessment for the current year Is in the
neighborhood of $50,000; and, as part of the project, a fund balance will be established
until property tax revenues have been received. He explained that the work was
previously not completed as soon as the City wished, because the property tax revenues
had not been received.
Councilmember MCGIII requested further discussion on the timing of events. He
said that he understood that the DiStriCt was being considered for renewal so that
funding can be requested from the various property owners adjoining the DiStriCt.
However, he stated that if and when the matter Is sent to bid for the maintenance work
to De performed by a contractor, he did not know how the contractors Were paid. He
wondered if payment could be made contingent upon the maintenance work performed
being deemed satisfactory.
Mr. Storey said that City staff will ensure that the specifications In the contract
meet a certain level of maintenance, City staff will monitor performance, and a retention
will be held until the work has been approved.
A motion was made by Mayor Pro Tern Plercy and seconded by Councilmember
McCOy to adopt the Resolution by title only, title as follows, ordering the renewal of
Cypress Corporate Center Landscape Maintenance DiStriCt NO. I for Fiscal Year 1999-00,
pursuant to the Landscaping and Lighting Act of 1972, and authorize the Mayor to sign
the Special Assessments Certification statement.
ResolutiOn NO. 5122
A Resolution of the city council of the City of cypress, california,
Ordering the Renewal of the Cypress Corporate Center Landscape Maintenance District
NO. I for Fiscal Year 1999-00, Pursuant to the Landscaping and Lighting ACt Of 1972, and
Confirming the Diagram and Assessment Thereof.
The motion carried by the following roll call Vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCIlMEMBERS:
0 COUNCILMEMBERS:
McCoy, McOilI, Sondhi, Piercy, Keenan
None
None
NEW BUSINESS:
14. Authorization for Cypress Police Officers Association to Construct Police
Officer Memorial on CIty Property.
chief Hensley presented the staff report for this item. He stated that in the early
morning hours of November 19, 1976, Cypress Police Sergeant Donald Sowma responded
to an Intrusion alarm at a local business complex. While checking the bulldlng's interior,
Sgt. Sowma was shot and killed by the armed Intruder. Since the time of Sgt. Sowma's
death, members of the community, as well as officers from the Police Department, have
disCUssed the need to establish a memorial honoring fallen heroes.
9
CITY COUNCIL MINUTES JULY 12, 1999
Staff was recently approached by the BOard of Directors of the Police Officers
Association to discuss the feasibility of constructing a police officer monument on city
property. The location selected for the monument would be the property In front of the
Police Administrative Wing located south of the sidewalk, The entire cost of the project
would be the responsibility of the Pollce Officers Association and Its membership. After
dedication, the property would become the possession of the City.
Staff's recommendation was that Council approve the item, contingent upon
approval of the monument sign, and that the Council authorize the Police Officers
Association to proceed with the project.
The Chief concluded by Introducing Sgt. Ron Dickson and Corporal Jim Olson of the
Police Officers Association, who were attending the meeting on their own time, to
address the Council on this project. The officers gave the Councilmembers elevations of
the project for their reference.
Corporal Olson Stated that there was nothing in law enforcement more
devastating than a line-of-duty death of a fellow officer; especially when lt's a member of
the same department, He requested the COUnClI'S assistance in granting permission to
erect a police memorial. He Stated that the memorial wlil be built entirely with the
Assoclatlon's own funds, and would be built on City property. Cpl. Olson said they would
like to tap into the Clty's electrical source in order to light the flag on the memorial 24
hours a day. He asked the Council to Join the Pollce Officers Association in remembering
the only Cypress police officer ever killed in the line of duty, by giving the citizens of
Cypress and the men and women of the Cypress Police Department the chance to pay
tribute to a man who gave his life protecting the citizens of the City of cypress. Cpl.
Olson thanked the Council for their time, and said that he and Sgt. Dickson would be
happy to answer any questions.
Mayor Keenan commented that he wanted to commend the Police Officers
Association for their efforts in establishing this memorial, and in offering to fund its
construction themselves, He observed that it was likely that community support would
also be available.
Mayor Pro Tern Plercy agreed with these sentiments, and conjectured that it
would be a nice addition to the Police Department. She commented that supplying the
electricity would not be a probtem.
Councilmember MCCoy reminded everyone that fallen police officers are
recognized in the State capitol and in Washington. He stated that police departments
throughout California currently have these memorials, and that it was time Cypress had
one also. Mayor Keenan noted the existence of such a memorial at the Orange County
Administration Building.
A motion was made by Councilmember McCoy, seconded by Councilmember
McGilI, and carried bV the following roll call vote that the City Council authorize the
Cypress Police Officers Association to construct a Peace Officer Memorial on city property,
pending City Council approval of the monument design:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, sondhi, Plercy, Keenan
None
None
15. Scheduling Intervlew session for Appointment to the Recreation and
Community Services Commission.
Mayor Keenan said that as a part of this item, there was a solicitation of
applications for an alternate to the Senior citizens Commission. He observed that as
there were already three alternates In place, he didn't think the Council needed to
appoint another alternate at this time. He said he dldn't see any Impending changes In
the make-up of the regular members of the Senior Commission, and felt that three
alternates were sufficient. His recommendation, therefore, was not to advertise to
replace that position. The Mayor said he would like to see the alternates reduced to zero
prior to advertising for additional alternates. Mayor Keenan then asked Recreation and
Parks Director DeCarlo If lie concurred with that suggestion. Mr. DeCarlo said he agreed,
and that the Senior CItizens Commission has had excellent attendance, so that It was not
really necessary to have a great deal of alternates.
DISCUSSiOn then turned to setting the appointments for the Recreation and
Community Services Commission. The Mayor asked if anything was scheduled prior to the
next regularly scheduled city Council meeting; Mr. Storey responded that a Workshop on
10
CITY COUNCIL MINUTES JULY 12, 1999
Wicker Drive was scheduled at 5:00 p.m. that day, which will last about one hour. The
Mayor then asked If all Councilmembers could make it by 4:30 p.m. on that day;
Councilmember MCGIII replied that he would be unable to make it that day as he would
be in San Diego. He asked that the Council proceed wlth scheduling the interviews at that
time if they had to move forward, and not to select another day on his account alone.
The Mayor noted the Importance of having all the Councilmembers present, and
suggested the first meeting In AUgUSt, SChedUled for the 9th. Councilmember Sondhl
stated that she would be on Vacation at that tlme. The suggestion was then made to
schedule the interviews on an "off" Monday; AugUSt 2 at 5:30 p.m. Mayor Pro Tern Plercy
noted that a workshop had been scheduled on July 19th and 20th beginning at 6:00 p.m.
and lasting until 9:00 p.m. councilmember Sondhl would not be available on those days,
as she would be on vacation. FOllOWing this discussion, all the Councilmembers agreed to
meet at 5:00 p.m. on August 2"d in order to conduct the interviews.
16. Approval of Commercial Warrant List for Warrant Nos. 38283-38506.
Because of a personal financial interest, Mayor Keenan abstained from voting on
warrant NOS, 38299, 38313, 38314 and 38315. NO questions regarding the warrants were
forthcoming.
A motion was made by Mayor Keenan, seconded bY Mayor Pro Tern PiercV, and
carried by the following roll call vote (with Mayor Keenan abstaining on Warrant Nos.
38299, 38313, 38314 and 38315) to approve the Commercial Warrant List for Warrant NOS.
38283-38506 totaling $1,532,993,29:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGlll, Sondhi, Piercy, Keenan
None
None
17. Request for the City of Cypress to Participate as AmlCUS Curiae on behalf of
the League of California Cities in an Appeal to the NInth Circuit Court of Appeals.
City Attorney Wynder first introduced to the council his eldest daughter and
eldest child, Heather, who was in the audience. He advised that she had completed an
internship with LDS Charities and one year of employment with the Utah FoOd Bank and
was planning to attend Cornell to pursue a graduate degree in the Fall, along with
Councilmember Sondhl's daughter, who will be attending the same university. The Mayor
Congratulated MS. Wynder and welcomed her to the Council meeting.
City Attorney Wynder reported that he had received in the mall this date an
urgent request from the County of Santa Barbara County Counsel's Office asking the City
to participate as an amicus curiae ("friend of the Court") In a very important appeal to the
Ninth Circuit Court of Appeal involving a matter which is of interest to every city In the
State of California. The outcome of the appeal of the case In point may have a direct
impact on every clty's ability to engage in comprehensive planning. The principal issue
on appeal Is whether a temporary planning moratorium, which has been authorized
under the California Government Code for many years, constitutes an unlawful regulatory
taking for which there must be paid Just compensation. If the decision of the DiStriCt
Court Is affirmed, cities and counties in California will likely find it financially lnfeasible to
use Interim zoning measures to prevent the establishment of land uses Inconsistent with
comprehensive and contemplative zoning plans and regulations. The regulations in this
case Imposed a two-year and eight-month moratorium of the most sensitive lands in the
Tahoe Basin, while the local legislative body went through the process of developing a
regional plan. Within the last two years, the City of Cypress had used this very zoning
mechanism to adopt interim moratorla, while the City went through a more
comprehensive planning process.
Issues on which the County of Santa Barbara and the League of California Cities is
asking the City to participate as an amicus is to argue that the use of a temporary
moratorium, as authorized in CaI. Govt. code ,~65858 does not constitute an unlawful
taking of property without just compensation; to further argue that such moratorla do
not constitute a denial of all economically viable use of the land subject to the moratorla,
and to further argue that people or property owners are subject to such moratoria have
not been deprived oF economic uses which would result in the requirement for the local
agencV to PaV just compensation.
In the city of Cypress, there is no authorization for the City Attorney to join the
city council in amicus briefs, and because of the shortness of the time available to timely
respond to this request, it was the City Attorney's recommendation that the City Council
authorize the City Attorney to enlist the name of the city of cypress as amlcus curiae on
behalf of the appellants. This Will have no fiscal impact upon the City whatsoever. The
11
CITY COUNCIL MINUTES JULY 12, 1999
brief Itself Is being prepared by a well-known land-use professor from Loyola Law SChOOl
and by the County of Santa Barbara's legal counsel.
The City Attorney added that the Public Law Section of Rutan & Tucker will be
recommending approval of this authorization to all of their cities, as the appeal Involves a
matter of sufficient statewide importance with Its potential adverse impacts upon the
cities of California.
upon conclusion of this presentation, the Council had no questions. The Mayor
noted the importance of the use of moratorla, and the need to preserve this planning
tool.
A motion was made Dy Mayor pro Tom PlercV, seconded by Councilmember MCGilI,
and carried by the following roll call vote, that the Clty Council grant the request for the
CIty of Cypress to participate as amicus curiae on behalf of the League of California Cities
and the California State Association of Counties In the appeal of Tahoe SIerra Preservation
Council v. Tahoe Regional Plannin~ A~encv to the Ninth circuit Court of Appeals:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, Piercy, Keenan
None
None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, ACting as the Ex Officio
Governing Board of Directors.
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 COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
Mayor Pro Tem Plercy reported that she had attended a subcommittee meeting
for the Sanitation Department, which basically covered a lot of Internal material.
The Mayor Pro Tern added that she was the Cypress representative for the Orange
County Public Library. A letter from the Public Library system was sent to the City
Manager, notifying him of the funding for the library In Cypress. The Mayor Pro Tom
spoke about the budget work reviewed in the library meeting, and said the exact amount
allocated for Cypress Library operations in the coming year represents an increase of
almost $39,000 Over the previous year's budgeted amount.
The additional funds may be used at local discretion to either maintain the current
level of service, or to add personnel to allow the library facility to be open for additional
hours. The Mayor Pro Tem stated that the Cypress Branch Library is a well-used facility.
Councilmember MCGIII said that he had a conversation regarding an issue including
in the Consent Calendar--the Santa Ana Watershed Project AUthOrity (SAWPA)-- Water
Storage Program. He said that he had spoken with Supervisor TOdd Spltzer and his
assistant, Steve Schuylar, about the issue. Councilmember MCGIII Said that by adopting
the ReSolutiOn, the City is supporting a water authority program developed with the
hope of receiving state funding for the recycling of water back into the aqulfers. He
stated that SAWPA is attempting to assemble the infrastructure to enable the program to
receive state and federal funds, If and when available.
Councilmember McCoy reported that he had attended an Orange County Fire
Authority Work Group meeting on the equity issue. He stated that he hoped tO report
some good news, as the recommendation from the Work Group would be to receive and
file the equity study. Some provisions will be Included for donor cities to enhance fire
service for their cities if there are any extra funds remaining from the OCFA budget. He
stated that these recommendations will be submitted to the Board of Directors on July
22, 1999, at which time it will be voted upon. Prior to that time, each Councilmember will
be given a copy of the Board packet. Councilmember McCoy said that, "it looks good for
the City of Cypress."
Mayor Keenan artended a Board meeting of OCTA earlier this date, during which a
presentation was made regarding the OCTAP Taxi Administration Program. He stated he
was pleased to report that 31 of 32 entitles in Orange County are now being administered
by the OCTAP program (the only remaining agency is the County itselfi. Some of the
services provided in the program are drug tests of drivers as well as vehicle testing. Ideas
outlined for future implementation were tests for English proficiency, map-reading skills,
12
CITY COUNCIL MINUTES JULY 12, 1999
etc., for the individual taxi drivers. The program Is being administered bv OCTA, which is
doing an excellent job.
ORAL COMMUNICATIONS: FOr matters not on the Agenda.
Mr. Alan Crowder stepped forward, commenting that the hour was early and he
didn't want anyone to get out of the meeting too soon, and offered sore comments
regarding the bo~led water on the dais.
WRITTEN COMMUNICATIONS:
For matters not on the Agenda
There were no matters to be considered.
ADJOURNMENT:
At 8:30 p.m., the meeting was adjourned by Mayor Keenan to Monday, July 19,
1999, at 6:00 p.m. In the Adult Education RoOms A and B Of the St. Irenaeus School, 9201
Grindlay Street for a Workshop Session.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS