Minutes 99-09-13MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
SEPTEMBER 13, 1999
A regular meeting of the CIty of Cypress CIty Council was called to order on
September 13, 1999, at 5:40 p.m. by Mayor Keenan in the Board Room, West Wing of City
Hail, 4275 Orange Avenue, Cypress, California.
PRESENT:
Keenan
Councilmembers MCCOV, MCGIII, Sondhl, Mayor Pro Tern Piercy, Mayor
Also present were City Manager OChenduSzko, City Attorney WVnder, and Director
of Finance and Administrative Services Storey.
WORKSHOP SESSION:
Ground Water Replenishment System Presentation by Mr. Phil Anthony and Mr.
Ron Wlldermuth.
At 5:30 p.m., an informational presentation regarding the Groundwater
Replenishment System was presented to the City Council by Mr. Phil AnthOny and Mr. ROn
WIIdermuth. The System is a joint project of the Orange County Water District and the
Orange County Sanitation DIstrict, and was designed to meet the expected Increase in
water requirements during the coming years.
The Groundwater Replenishment System (GRS) will raise highly treated wastewater
which is currently released to the ocean, and will purify it to near distilled water quality
bv using a combination of microfiltration, reverse osmosis and ultraviolet disinfection
methods. FOllOWing this, the water will be naturally percolated Into Orange County's
groundwater basin, Where it Will Improve the overall qualiLy of the groundwater by
reduction of its sallnity. The GRS will also provide water to enhance the seawater
intrusion barrier.
By the year 2020, the GRS Will provide enough water to serve 200,000 Orange
County families for an entire year. Some of the water wlll be used for irrigation and
industrial purposes. The System will be located in Fountain Valley, on the joint water
campus of the Orange County Water DiStriCt and the Orange County Sanitation District.
The City Attorney advised that a matter had arisen subsequent to the publishing of
the agenda which required the immediate attention of the Council. A motion was then
made by Mayor Keenan, seconded by Mayor Pro Tern Piercy, and carried by the following
roll call vote to add the matter of Dickson v. City of' Cypress, under CaLGOvt. Code Section
54956.9(a) to the Closed Session Agenda:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCIlMEMBERS:
McCOy, McGilI, Sondhl, PlercV, Keenan
None
None
RECESS:
The presentation regarding the GRS was completed at 6:15 p,m.. At that time
Mayor Keenan recessed the meeting to enable the City Council to meet In the City Council
chambers to discuss the matters scheduled on the Closed Session Agenda.
7:00 P.M. SESSION:
PRESENT:
Keenan
Councilmembers McCoV, MCGIII, Sondhl, Mayor Pro Tern Plercv, Mayor
Also present were City Manager Ochenduszko, City Attorney Wynder, and
staffmembers Storey, Hensley, Angus and DeCarlo.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance and Presentation of Colors was led
by members of Cub Scout Pack No. 295.
INVOCATION: The invocation was given by Father Jack Sewell of St. Irenaeus Church.
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
PRESENTATIONS:
Presentation bV Professor Jerry BurChfield, Director of PhotoclraDhV Gallery -
Cypress College, on "HSin: A Visible Spirit" Exhibition, featuring contemporary
photography from China.
Professor Burchfield, Director of the Photography Gallery of CVpress College,
reported that a special exhibit of a type never before done in the United States and
featuring contemporary Chinese photography was now being shown at the college. He
encouraged everyone to attend the show, which will be on display until September 24tn.
He also advised that a special reception for the show has been scheduled in Laguna Beach
at a private gallery, where part of the exhibit is also on displav.
Professor Burchfield extended his thanks to Paula English and the members of the
Cypress Cultural ArtS Commission for their efforts on behalf of the exhibition, and left
some exhibit brochures available for Interested members of the public.
At the conclusion of Professor Burchfield's presentation, the Mayor advised that he
and Councilmember McGill had artended the exhibition, and found It to be a fasclnating
show Which told a story "through the universal medium of photography."
Presentation of Certificate of Appointment to Newly-AppOinted Recreation &
Community Services Commissioner Philip Luebben.
Mayor Keenan presented a Certificate of Appointment to Philip Luebben, newly-
appointed to the Recreation and Community Services Commission. Commissioner
Luebben had previousIV been sworn In as a new Commissioner. Mr. Luebben thanked the
Mayor and Council for appointing him, and noted that he was looking forward tO his
duties as a Commissioner.
Presentation of Mayor's Proclamation to Mr. Craig Hatreid, Recipient of the
Quarterly Arts Recognition Award.
Mr, Craig Harreld, an Integral member of the Cypress Civic Theater Arts Guild for
the past 15 Vears, accepted the Quarterly Arts Recognition Award presented bV Mayor
Keenan, who also provided a history of Mr. Harreld's background in that organization, as
well as a Synopsis of Mr. Harreld's efforts on behalf of the City.
Presentation of Community Services Plaque to Former Senior Citizens
Commissioner, Mildred Thrutchley.
Mayor Keenan then presented a Community Services Plaque to outgoing Senior
Citizens Commissioner, Mildred Thrutchley. The Mayor advised that Mrs. Thrutchley had
provided nine years of service on that Commission, and that she has also volunteered her
services in other Cypress organizations. Mrs. ThrUtchley commented that she had
enjoyed her volunteer efforts, and was happily anticipating future volunteer services on
behalf of the city.
Recognition of Jolene Smith for Senior Volunteer Services. (In memorium -
accepted on her behalf by members of her family.)
A posthumous award recognizing senior volunteer services proffered bV Jolene
Smith was accepted from the Mayor by members of her family. Mayor Keenan said that
MrS. Smith had been noted for her kindness, warmth and generosity. The Mayor
explained that the award, in the form of a brass plaque, will be affixed on the Senior
Center piano In memory of Jolene Smith. The Mayor also noted the presence of the
Happy Harmonlzers, who had artended the meeting In honor of Mrs. Smith.
Recognition of Donors to the Police Department's D.A.R.E. Program.
The Mayor then provided recognition to Barbara Johnson and Nancy Matheson of
COldWell Banker Star Realty; a business which made a generous contribution to the Police
Department's D.A.R.E. Program. The Mayor and Chief HensleV offered thanks on behalf of
the City and the Police Department for their efforts.
Presentation of Tree Donation Plaques to the Los Alamltos Race Course and Carolyn
Pesenti.
Mayor Keenan requested that Brian Sunley, President of Friends of Cypress
Recreation & Parks, assist him in making presentations on behalf of the Tree Donation
Project. The Mayor explained that the project began in 1990. Since its inception, 164
trees have been donated and planted in the City.
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
Plaques were presented to members of the Lenahan family, who had donated a
tree in memory of Mark Patrick Lenahan, and to Frank Dabrata of Los Alamltos Race Track,
which had made a $2,500 donation to be used for planting trees at Arnold/Cypress Park.
Presentation of MaVor's Proclamation Commending Sgt. Ronald A. Dickson for his
30 Years of Service.
Sgt. Ronald Dickson accepted a Mayor's Proclamation recognizing his 30 years of
service in the City of Cypress Police Department which was presented by Mayor Keenan.
The Mayor remarked on some highlights of Sgt. DlCkSOn'S career.
After accepting the Proclamation, Sgt. Dickson spoke of his career on the force,
thanked his wife and fellow officers for their support, and commented on his impending
retirement.
Presentation of Community Service Plaque and Resolution of Commendation to
City Manager Mark J. Ochenduszko.
On behalf of the City council and the City of cypress, the Mayor presented City
Manager Ochenduszko with a Community Service Plaque and a Resolution of
Commendation. Mayor Keenan read the Resolution, Which contained a list of Mr.
Ochenduszko's accomplishments on behalf of the City of Cypress. The Mayor thanked the
City Manager for his tireless efforts on behalf of the city, and remarked on the loss the
city wlll experience as a result of his departure.
The City Manager enumerated many of the projects he had been Involved with
during his tenure With the City, and remarked that he Was pleased to have been
instrumental In their execution. He noted he had experienced special enjoyment
through his dealings with the people of the community, and noted that he had benefited
from his experiences with the City. Mr. Ochenduszko remarked that although he and his
family were looking forward to "going home" to the City of Coronado, It was with regret
that he ended his association with the Clty of Cypress.
REPORT OF CLOSED SESSION WORKSHOP AGENDA:
City Manager Ochenduszko provided a report on the Groundwater Replenishment
System which had been presented to the City Council earlier during the Workshop Session
by Phil Anthony and Ron Wlldermuth of the Orange County Water DiStriCt.
Prior to making his report regarding the Closed Session, city Attorney wynder
noted that he had worked with over 20 city managers in his experience, and noted that
the City of Cypress was losing a "pre-emlnent" City Manager with the departure of Mr.
Ochenduszko.
The City Attorney reported that during the Closed Session, the City Council had
voted 5-0 to add the matter of Dickson v. CIty of Cypress, authorized under CaI. Govt. Code
Section 54956.9(a), to the Agenda, (workers' Compensation Appeals Board Case NO. RIV-
0020800), and authorized the Clty's Workers' Compensation agent to negotiate for
settlement and to obtain a compromise & release in that matter.
In the matter of two liability clalms filed against the City (CaI. GOvt. Code ,~54956.95'),
Andre Gulmesoff V. City of Cypress and Anna and Wilmar Zapata v. City of Cypress, the city
Council had voted unanimously to reject each claim.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER,
SPEAKING ONCE.)
Mayor Keenan announced that RiChard Storey, Director of Finance &
Administrative Services, will be serving as Interim City Manager until a replacement for
Mr. Ochenduszko has been hired. A professional recruiting firm has been retained to
assist In the search for a new City Manager.
The Mayor reported that Cypress Librarian, Elke Faraci, had asked him to announce
that September is Library Card SIgn-Up MOnth, and that everyone who signs up will
receive a free bookmark. Special activities for Children are being scheduled at the Library
during the month of September.
The Mayor acknowledged the donation to the D.A.R.E. Program by the Cypress
Civic Theater Guild.
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
Mayor Keenan also noted that Orange County Register reporter, Andrew ASCh, who
has covered activities In the City of Cypress for the past two years, ls also leaving the
Register for alternative employment. The Mayor extended thanks on behalf of the City to
Mr. Asch for his reporting on the community.
Jo Ann West, Cypress resident, addressed the Council concerning a letter she had
distributed to each member earlier in the evening. MrS. West addressed a variety of
issues in her letter, Including the Lincoln Avenue Streetscape, the motivations Which
urged people to run for City Council, the loss of restaurants In the city, the process by
which applications for projects are handled, campaign disclosures by Council members,
the disposition of the Wicker Drive property, and the construction of a new civic center.
Gene Wray, Cypress resident, was next to speak. Mr. Wray said that he was
concerned with the rights-of-way where the planters have been constructed in the right
hand lanes of the Lincoln Avenue Streetscape. Mr. Wray noted that the project was very
beautiful, but that he had observed 100 cars which had already hit various planters and
obstructions. Mr. Wray said that the foliage In the planterS is already growing over the
brickwork, and noted that a high degree of maintenance will be required to maintain
these. Mr. Wray recommended that some type of reflectors be installed So that people
can see the obstructions, especially during the nighttime hours.
The City Manager responded that the Public Works Director would contact Mr.
Wray on the following day regarding this matter.
The Mayor noted that many comments had been received regarding the bow-outs
on Lincoln Avenue. He observed that these are nothing new, as the City has had bow-
outs for over twenty years. Others are located on Orange Avenue near oak Knoll Park.
Brenda Green, Cypress resident, addressed the Council. Mrs. Green referred to
Item 33 on the Agenda, and requested the Council to bear in mind the wishes of the
neighboring residents as expressed at a previous meeting in relation to the proposed car
wash. She asked that the Council deny the appeal of the Community Development
Director's decision regarding this project, because the conditions surrounding the project
had not significantly changed and the applicant had not waited one year to resubmit it.
AWARD OF CONTRACTS:
1. Renewal of Contract for Traffic SIgnal Maintenance Services.
Interim Public Works DIrector Scholl provided the staff report for this item. He
explained that the City currently has a contract with Peek Traffic/Signal Maintenance, Inc.,
(PT/SMI), for traffic signal maintenance services. This contract is due to expire on
September 24, 1999. However, it contains a clause which allows extension of the contract
for an additional three-year period, if both parties agree. In addition, the contract costs
will remain at their current level during the extended three-year period, and have
actually gone down during the current contract term. The work provided under the
terms of this contract Is of a highly technical nature. Further, the city has been satisfied
with the level of service provided by PT/SMI, and as costs for these services will remain
static, staff was recommending that the contract not be placed out for bid, but that the
current contract be approved for the additional three-year period.
Councilmember McCoy wanted to know why the contract had not been submitted
to the Council at an earlier date, in light of its impending expiration date. He also opined
that it was always In the publlc's best Interest that other vendors be investigated when
such large sums of money are to be spent.
Mr. Scholl advised that conversations had taken place with representatives of
other cities regarding traffic signal maintenance services, and the majority of the
surrounding communities use PT/SMI because of Its level of technical expertise and cost
effectiveness. Mr. Scholl also said that if another option were used, such as contracting
with another city that has traffic signal electricians employees, it would not be as cost
effective. Mr. Scholl said that If the matter were to go to bid, it could be possible to
obtain service at a lower cost, but it Is doubtful that the work quality would measure up
to the standards currently in place. Mr. Scholl advised the matter could be placed for bid
if that were the desire of the Council, and advised that the contract could be terminated
with 30-days written notice, in answer to a question posed by the Mayor.
In response to further questions posed by Mayor Pro Tern Piercy, Mr. Scholl advised
that PT/SMI had served the City for 34 yearS, but that RFP'S are routinely sent out, were
sent out three years ago, and that PT/SMI has repeatedly been the low bidder.
4
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
Councilmember McGIII questioned the insurance coverage for the City's traffic
signals. The City Attorney replied that the City has broad and comprehensive indemnity
insurance Which covers this.
A motion was made by Mayor Keenan, seconded by Mayor Pro Tern Piercy, and
carried by the following roll call vote that the City Council approve a renewal of the
contract for traffic signal maintenance services to Peek Traffic Signal Maintenance, Inc.,
2283 via Burton Street, Anahelm, California, 92806, for an additional three-year period
beginning September 24, 1999, at the existing contract rates.
AYES: 4 COUNCILMEMBERS: MCGIII, Sondhi, Piercy, Keenan
NOES: I COUNCILMEMBER: MCCOy
ABSENT: 0 COUNCILMEMBERS: None
2. Award/Extension
Check/Inspection Services.
of Contracts for Professional BUilding Plan
Community Development Director Angus presented the staff report for this item.
The City currently contracts for plan check services with Melad and Associates and Wildan
Associates. Both companies have provided a level of service which has been satisfactory.
Wildan Associates, however, has had substantial employee turnover.
Recently, the City sent out Requests for Proposals, as the current contracts are due
to expire. Qualified submissions were received from six vendors, including the two
current vendors. However, after review of the firms and their competitive rates, it was
determined that the firms of Melad and Associates and Scott Fazekas and Associates
would provide the highest level of service for the most competitive cost. Staff was
therefore recommending award of the contract to those firms.
DiSCuSSiOn was held relative to the length of the proposed contract with Scott
Fazekas and Associates and the distribution of work bet~veen the ~wo firms and the
criteria for determining same. A motion was then made by Mayor Pro Tern PlercV,
seconded by Councilmember MCCOy, and carried by the following roll call vote that the
City Council (1) extend the contract for professional building plan check services with
Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, California 92647;
and (2) award the supplemental plan check services contract to Scott Fazekas and
Associates, 30 Corporate Park, Suite 107, Irvine, California; each to be effective for a three-
year period and to be compensated at the rates contained in the respective contracts:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGill, Sondhl, Piercy, Keenan
None
None
3. Award of Contract for Parking Cl~atlon Processing.
Chief John Hensley reported that the Cypress Police Department had contracted
with private vendors for the processing of parking violations since 1980. The current
contract with Turbo Data Systems, provlder of the services since that time, is nearing its
expiration date.
In response to recent Requests for Bids sent out, Ewo qualified responses Were
received; one from the current vendor and one from MSB/Data Ticket, Inc. As MSB/Data
Ticket, Inc., provided the lowest bid and is offering Comparable services, it was
recommended by staff that they be awarded the new contract.
In response to a question posed by Councilmember MCGilI, Chief Hensley
responded that MSB/Data Ticket, Inc., had a "lean-and-mean" operation, which would
account for the large discrepancy in bid amounts quoted by the two companies.
Responding to a question raised by Councilmember MCCOy, Chief Hensley said that
references had indicated that MSB/Data Ticket, Inc., would be able to adequately meet the
needs of the City of Cypress. If not, a cancellation clause was contained In the contract,
which could be invoked If the service proved unsatisfactory.
A motion was made by councilmember Sondhl, seconded by Councilmember
McCoV, and carried by the following roll call vote that the City Council award a two-year
contract to MSB/Data TiCket, Inc., for the processing of parking violation citations for the
period of october 11, 1999 through october 10, 2001:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, PiercV, Keenan
None
None
5
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
4. Award of Contract for Purchase of Marked Pollce Vehicles.
Chief John HensleV presented staff's report for this Item. He advised that during
the 1999-00 budget process, the purchase of four replacement marked police vehicles was
approved by the Council. Under the provisions of Cypress Municipal Code §21A-lO(e), the
bidding process may be dispensed with, and the citY may utilize the CounD/of Los
Angeles Bid No. 200205 "piggy-back" pricing to purchase the vehicles.
Staff was therefore seeking CitY Council approval of a contract to purchase four (4)
2000 Crown VIctoria Police Interceptors, equipped with heaw dutY suspension, electrical
systems, and heavy dutY tires and wheels, from Wondries Fleet DivisiOn, 1247 West Main
Street, Alhambra, California, 91801. The specifications meet the standards set under Los
Angeles CountY Bid NO. 200205 for marked patrol units, and the contract is In the amount
of $98,682.
This purchase Would be for the purpose of replacing three 1996 Ford Crown
Victorias and one 1993 Chevrolet Caprice, all of which have over 100,000 miles on their
odometers.
In response to a question posed by the Mayor regarding the re-use of one of the
old vehicles as a volunteer vehicle, Chief Nensley responded that the vehicles were
extremely fatigued, and that it was doubtful that they would be recommended for
continued use. He recalled that a vehicle for volunteer use had been approved during
the budget process.
Responding to a request from the Mayor, an explanation of the capital
replacement funding policy for replacement of vehicles and major equipment was
provided by Director of Finance & Administrative Services Storey.
A motion was made by Councilmember McCoy, seconded by Councilmember
MCGIII, and carried by the following roll call vote that the CitY council award a contract to
purchase four (4) 2000 Crown Victoria Police Interceptors from Wondries Fleet Division,
1247 West Main Street, Alhambra, California, 91801, in the amount of $98,682:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGIII, SOndhl, Piercy, Keenan
None
None
5. Award of Contract for Crossing Guard Services.
The staff report for this item was presented by Chief John Hensley. The Chief
advised that In 1996, the CitY Council approved a transfer of crossing guard services to All
CitY Management Services, Inc. Part of that transfer provided that citY personnel
formerly employed as crossing guards, were given employment by All CitY.
The services provided by All CitY Management Services have been found to be
extremely satisfactory. Therefore, staff's recommendation was that pursuant to Cypress
Municipal Code §21.A.lO(C),(d),(f) the bidding process be dispensed with as All CitY IS a sole
source vendor, and that the contract with All CitY Management Services be extended for
an additional two years. The amount of the contract shall not exceed $128,928 per year,
for which sufficient funds have been budgeted.
chief Hensley responded to a question posed by Councilmember Sondhi,
informing the Council that additional hours had been provided for In the contract as a
"buffer" in the event crossing guard coverage was required at an unforeseen time.
A motion was made by Councilmember MCGilI, seconded by Mayor Pro Tern Piercy,
and carried by the following roll call vote that the City council (1) dispense with formal
competitive bidding pursuant to Cypress Municipal Code § 21A-I0(C), as All City
Management Services, Inc., is a sole source vendor; and (2) award a contract for two
additional years of crossing guard services to All CitY Management Services, Inc., 1749
South La Clenega BIrd., LOS Angeles, California, 90035, in an amount not to exceed
$128,928 per year, expiring on July 31, 2001:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGilI, Sondhi, Piercy, Keenan
None
None
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
6. Award Of Constructlon Contract for the Crescent Avenue and GaY Street
Master Plan Storm Drain. Tract No. 15754. Publlc Works Project No. 9906.
Interim Director of Public Works Scholl presented the staff report for this item.
Mr. Scholl said that a storm drain reimbursement agreement between the Olson Company
and the City of Cypress had been executed In March of 1999. The agreement provides for
the construction of the Crescent Avenue/Gay Street Master Plan storm drain, which the
olson Company will build, and be reimbursed by the city for the attendant costs.
Three qualified bids for this process were provided to the City Engineer by the
Olson Company, as required. The lOW bid was submitted by L&S Construction, 674 Batavia
Street, Orange, California, In the amount of $346,744.50. Staff was therefore
recommending award of the contract to L&S Construction.
A motion was made by Mayor Pro Tem Piercy, 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. 9906 to be L&S Construction; and (2) award
a contract for construction of the Crescent Avenue and Gay Street Master Plan storm
drain to L&S Construction, 674 N. Batavia Street, Orange, california, 92668, In the amount
of S381,418.95 (award amount of S346,744.50 plus 10% contingency):
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, MCGilI, SOndhi, PierCy, Keenan
None
None
7. Award of Contract for the Construction of Landscaped Parkin.g Islands
(Project NO. 9839) and Up.grade of Security Llghtlng (Proiect NO. 9845) at Arnold/Cypress
Park.
Interim Public Works Director Scholl presented the staff report for this item, which
included two projects which were Included in the Capital Improvement BUdget. Project
NO. 9839 provides for landscaping on the west side of Watson Street adjacent to
Arnold/Cypress Park; Project No. 9845 provides for the installation of additional lighting in
Arnold/Cypress Park.
Low bidder for the projects was MlnCO Construction, 1350 W. 228th Street, #3,
Torrance, California, 90501. Staff was therefore recommending award of the contracts
for completion of same to be made to that vendor, at a cost not to exceed $60,324
(which includes the bid amount of $54,840 plus 10% contingency).
The Mayor advised that the trees donated by LOS Alamitos Race Track would be
included in the landscaping covered by this project. Mr. SCholl added that the major part
of the funding for the project came from Community Development Block Grant (CDBG)
funding. Responding to Councilmember Sondhl, he added that the CDBG funding had
been specifically requested for the project. Paving will be added at a later time.
In response to a question posed by Councilmember McCOV, Mr. DeCarlo responded
that the City of La Palma was not requested to provide part of the funding for this
project, as these improvements were required whether or not a roller rink was installed.
A motion was made by Councilmember McCoy, Seconded bV Councilmember
MCGIII, and carried bV the following roll call vote that the City Council (1) authorize a
transfer of funds in the amount of $5,494 from the Open Space Park Development Fee
Fund to the Park District General Fund for Project NO. 9839; and (2) approve additional
estimated revenues to Park Dlstrlct Account NO. 3713-12 In the amount of $2,500,
representing a donation for City trees from the Los Alamltos Race Track through the
Friends of Cypress Recreation and Parks; and (3) authorize an appropriation of $7,994
from the Park DiStriCt General Fund to Account No. 4186-12-528-29 for Project No. 9839;
and (4) determine the lowest responsible bidder for Public Works Project NOs. 9839 and
9845 to be Mlnco Construction; and (5) award a contract for construction of landscaped
parking islands (Project No. 9839) and upgrade of security lighting (Project No. 9845) at
ArnOld/CypreSS Park to MlnCO Construction, 1350 W. 228th St., ~3, Torrance, California,
90501, in the amount of $60,324 (award amount of $54,840 plus 10% contingency):
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGllI, SondhI, PiercV, Keenan
None
None
7
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
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.
Mayor Pro Tern Piercy requested that Item No. 8 be pulled from the Consent
Calendar; Councilmember Sondhl requested that Item No. lO(a) be pulled, and
Councilmember MCGIII asked that Items 17, 18 and 20 be pulled.
A motion was made by Mayor Pro Tern Piercy and seconded by Councilmember
Sondhi to approve Consent Calendar Items 9, lo(b) through 16, 19 and 21 through 25. The
motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, Piercy, Keenan
None
None
Item No. 9. MOtiOn to Introduce/Adopt All Ordinances and Resolutions Presented
for Consideration bV Title Only and to Waive Further Reading.
Item Nos. lO(b) and 10(c). Approval of Design Review Committee Permit No. 99-
26, Request to Replace a Wall Sign and Bulidlng Fascia for an AM/PM Mini-Mart, Located at
5012 Lincoln Avenue; and Approval of Design Review Committee Permit NO. 99-24. Request
to Modify the Floor Plans for The Olson Company Development, located at the North End
Of Gay and Dennl Streets.
Recommendation: That the CIty Council adopt the ReSolutions by titles only, titles
as follows, approvlng Design Review Committee Permit Nos. 99-26 and 99-24, with
conditions:
Resolution NO. 5133
A Resolution of the City Council of the City Of Cypress, approving Amendment to Design
Review Committee Permit No. 99-26, with conditions.
Resolution No. 5134
A Resolution of the City Council of the CIty of Cypress, approvlng Design Review
Committee Permit NO. 99°24, with Conditions.
Item No. 11. Proclaiming October, 1999. as "Independent Living Month" In the City
of Cypress.
Recommendation: That the Mayor and Clty Council officially proclaim October,
1999, as "Independent Living MOnth" in the City of Cypress, as requested.
Item No. 12. AdOptiOn Of Resolution Commending CIty Manager Mark J.
Ochenduszko.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, commending City Manager Mark J. Ochenduszko for his service to the City of
Cypress:
Resolution No. 5135
A Resolution of the CIty Council of the City Of Cypress
Commending Mark J. Ochenduszko for his Valuable Service to the City of Cypress
Item No. 13.
Establishing the
Compensation.
APPrOVal Of Amendment to the clty's Position classification Plan,
Position of Emergency Services Coordinator and EstabliShinq
Recommendation: That the City Council adopt (1) the job specification for the
regular, full-time position of Emergency Services Coordinator; and (2) the Resolution by
title only, title as follows, amending the Clty's classification Plan and establishing
compensation.
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
Resolution NO. 5136
AResolutiOn of the CitY Council of the City of Cypress Amending
Resolution No. 3574, by adding the Job Specification and Establishing Compensation for
the Position of Emergency Services Coordinator In the clty's Position classification Plan
for Employees in the Service of the city of Cypress
Item NO. 14. Acceptance of FInal Tract Map NO. 15754, located at the North End of
Dennl Street and Gay Street.
Recommendation: That the City Council approve Final Tract Map NO. 15754 and
authorize the City Clerk to sign the Record Map.
Item NO. 15. Approval of Additional Appropriations for Fiscal Year 1998-99.
Recommendation: (I) That the city Council approve additional appropriations for
FY 1998-99 from the General Fund unreserved fund balance to the following accounts:
4211-11-105-01 (Litigation costs - City Attorney) $ 96,000
4003-11-117-02 (Overtime - Community Promotion) 2,500
4163-11-117-02 (contributions - Community Promotion) 5,500
(2) that the City Council approve the budgeted transfer from the Planned Local Drainage
Facility Fund balance (2200-26) to the CIP Fund (1200-15) In the amount of $600,000; and (3)
that the City Council, acting as the Cypress Redevelopment Agency Board, approve
additional appropriations from the Civic Center Debt Service fund balance to ACCOUnt
4275-52-363-15 (Interest) in the amount of $500.
Item No. 16. Adoption of Resolution Establishing "NO Parking Anytime" Area on
the South Side of Myra Avenue, adjacent to Damron SChoOl.
Recommendation: That the City Council approve the recommendation of the
Traffic Commission by adopting the Resolution by title only, title as follows, providing for
the Installation of a "No Parking Anytime" area on the south side of Myra Avenue in the
one hundred (100) foot area between Damron School's two driveways.
Resolutlon No. 5137
A Resolution of the City Council of the City of cypress
EstabliShing a "NO Parking Anytime" Area on the South Side of Myra Avenue,
Adjacent to Damron School
Item No. 19. Adoption of Resolution Authorizing AppliCation for Funds for the
Transportation Enhancement Activity (TEA) Program.
Recommendatlon: That the City Council adopt the Resolution by title only, title as
follows, authorizing staff to submit an application to the Orange County Transportation
Authority (OCTA) for funding of the cerrltos Avenue Landscape Median and Parkway
Project under the Transportation Enhancement ACtivitieS Program.
Resolution NO. 5138
A Resolution of the City council of the City of Cypress, Authorizing Application
for Funds for the Transportation Enhancement Activity (TEA) Program Under the
1998 Transportation EqUity ACt for the 21st Century for Cerritos Avenue
Landscape Median and Parkway Improvement Project
Item No. 21. Review of Investment Program for the MOnth Of JUly 1999.
Recommendation: Receive and file.
Item No. 22. ADDrOYal Of Amendment to the Clty's Position Classification Plan
Revising the Class SDeclflcatlon for the Position of Police Sergeant.
Recommendation: That the city Council adopt the updated class specification for
the regular full-time position of Police Sergeant, amending the Clty's Classification Plan,
Item No. 23. Approval of Fiscal Year 1998-99 Carryover of Appropriations and
Encumbrances for the City of Cypress.
Recommendat)on: That the City Council: (1) Authorize the appropriat)on of funds
in Fiscal Year 1999-00 for the carryover items as detailed in Attachment A Of the report
and summarized as follows:
9
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
11 General FUnd $ 374,111
15 Capital Projects Fund 1,476,966
22 Special GaS Tax Fund 128,920
24 Traffic Mltlgatlon Fund 192,300
26 Plan Local Drain FaC Fund 1,066,831
35 Civic Center Redevelopment Fund 5,577
36 LOw and Mod Housing Fund 10,000
37 Lincoln Avenue Redevelopment FUnd 20,000
39 Measure M GaS TaX Fund 209,297
40 AB 2766 Fund 53,719
76 Central Services Fund 21,723
90 Capital Replacement Fund 543,733
$ 4,103,177
(2) Authorize the transfer of funds to the Capital Improvement Project fund for the
Lincoln Avenue Project and Capital Outlay in FISCal Year 1998-99 as ilsted below:
11 General Fund
37 Lincoln Avenue Redevelopment
TOtal tIP Fund Transfer-In:
$1,292,873.00
313,980.00
$1,606,853.00
11 General Fund
40 AB 2766 FUnd
Total Capital Outlay Fund Transfer-In:
$ 73,185.00
94,000.00
$ 167,185.00
3) Authorize the appropriation of funds In Fiscal Year 1999-00 for items encumbered
at June 30, 1999, as detailed In Attachment B and summarized below:
11 General FUnd $ 171,402.50
15 Capital Projects Fund 1,222,394.23
22 Traffic Safety Fund 13,202.46
24 Traffic Mitigation Assrot FUnd 81,867.90
25 Lighting Dlst NO 2 Fund 11,921.46
26 Plan LOCal Drain Fac Fund 5,281.05
28 Narcotics Asset Seizure FUnd 5,647.08
30 SUpp. LaW Enforcement Fund 700.00
31 Business Pk Spec ASSrot No 1 Fund 1,750.00
34 MellO ROOS Fund 4,762.00
35 Civic Center Redevelopment 17.50
36 Low and Moderate Housing Fund 2,167.50
37 Lincoln Avenue Redevelopment 6,873.09
38 Race Track Development 17.50
39 Measure M Gas Tax Fund 1,707.50
40 AB 2766 Fund 2,714.70
41 Sewer Fund 3,799.70
76 Central Services Fund 22,584.40
90 Capital Replacement Fund 68,074.13
$1,626,884.80
RECREATION & PARK DISTRICT MATTERS:
Item NO. 24. Approval of Plans and Specifications and Authorization to AdvertiSP
for Bids for Sports Field Li.qhtlng Improvements at Arnold/Cypress Park, and computerlzed
"Control-Link" for Field Sports Lights at Oak Knoll Park and Arnold/Cypress Park, Public.
Works Proiect No. 9_915.
Recommendation: That the City Council, acting as the ex off/cIo governing Board
of Directors for the Cypress Recreation and Park DiStriCt, approve the plans and
specifications and authorize staff to advertise for bids for the upgradlng and
improvements to the sports field lighting at Arnold/Cypress Park and oak Knoll Park
(Public Works Project No. 9915).
Item NO. 25. ApprOval of Fiscal Year 1998-99 Carryover of Appropriations anrf
Encumbrances for the Recreation and Park DiStriCt.
Recommendatlon: That the City Council, acting as the ex off/c/o governing Board
of Directors of the Cypress Recreation and Park District: 1) authorize the appropriation of
funds in Fiscal Year 1999-00 for the carryover Items as detailed In Attachment A Of the
report and summarized as follows:
12 General FUnd
$ 505,195
10
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
2) Authorize the carryover of estimated revenue In FiScal Year 1999-00 for the community
Development BloCk Grant monies for Capital Improvement Projects In the Park District
General Fund as follows:
3572-12-999-99
$105,000
3) Authorize the appropriation of funds in FIscal Year 1999-00 for items encumbered at
June 30, 1999, as detailed in attachment of the report and shown below:
12 General Fund $ 31,105.81
83 Central Services Fund 1.941.59
$ 33,047.40
Item No. 8. Approval of CIty Council Minutes of the Regular Meeting of AUgUSt 9,
1999. the Adjourned Regular Meetin.q of August 16, 1999, and the Regular Meeting of
August 23, 1999.
Mayor Pro Tern Piercy explained that she had pulled this item to correct errors on
pages 14 and 23 of the minutes of the meeting of August 9, 1999. On page 14, final
paragraph should be amended to read, "Councilmember McGill said he appreciated the
arguments proffered by Councilmember McCo¥..."; and the missing verbiage on page 23,
final paragraph, should be replaced.
A motion was made by Mayor Pro Tem Plercy, seconded by Councilmember McGill
and carried by the following roll Call vote that the City Council approve the Minutes of the
Regular City Council Meetlng of August 9, 1999, as corrected; the Adjourned Regular
Meeting of August 16, 1999, and the Regular Meeting of AUguSt 23, 1999, as submitted,
with Councilmember Sondhl abstaining on the AUgUSt 9, 1999, Minutes and
Councilmember McCO¥ abstaining on the AuguSt 16, 1999 Minutes due to their absences
from the meetings:
AYES: 3 COUNCILMEMBERS: MCGilI, Piercy, Keenan
NOES: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: MCCOy, Sondhl
Item No. lO(a). APProval of Design Review Committee Permit NO. 99-20,
Request to Install a Freestanding Sign for Cypress Auto. Located at 5431 Lincoln Avenue.
Councilmember Sondhi advised that she wanted to know why the Council was
being requested to approve a sign which had already been installed, which was why she
had pulled this item. She asked the Community Development Director for clarification of
some of the ramifications of installing signage without permits. Mrs. Angus responded
that in this case the sign had been installed without obtaining a permit. The matter
eventually came to the attention of staff, who had recommended some changes to the
Signage. MrS. AngUS reminded the community that It would behoove business owners to
check with the Planning Department prior to installation of any signage, to ensure it
conforms to City requirements regarding permitted location, type of sign, lettering, etc.
A motion was made by Councilmember Sondhi and seconded by Mayor Pro Tern
Piercy, that the City Council adopt the ReSolUtiOn by title only, title as follows, approving
Design Review Committee Permit No. 99-20, with conditions.
Resolution NO. 5139
A Resolution of the City Council of the Clty of Cypress
Approvlng Amendment to Design Review Committee Permit No. 99-20, With Conditions
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGIII, sondhI, Piercy, Keenan
None
None
Item No. 17. Acceptance of Intersection Improvements at Valley View Street and
Katella Avenue, Public Works Prolect No. 9601.
Councilmember MCGill explained he had pulled this item to request a report from
the City Manager regarding the additional left turn lane located at the intersection of
Valley View and Katella.
The City Manager responded that the project Is nearing completion, with a couple
of items remaining to be done. Lane markings remain to be completed and enhanced.
11
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
The Mayor noted it was a tricky turn, and observed the need for the City to maintain clear
marking of the lanes. Councilmember Sondhl added that it Is somewhat confusing when
lanes are re-drawn, and noted the necessity for clear delineation of the lanes in the
Katelia construction areas.
The Mayor observed that the improvement had been needed In the area, and was
alleviating the flow of traffic. He also observed the need to keep pace with growth as it
OCCUrs.
A motion was made by Councilmember McGill, seconded by Mayor Keenan, and
carried by the following roll call vote that the Cilsy Council 1) ACcept the project for
intersection improvements at Valley View Street and Katella Avenue, Public Works Project
No. 9601, as being satisfactorily completed in conformance with the project specifications
in the final amount of $491,178.92; 2) approve Contract Change Order NOS. I through 5 in
the amount of $39,636.49; 3) approve the final retention payment of $49,117.89 to B A
Construction, 2131 W. Valley Place, Anahelm, California 92804, 35 days after the Notice of
Completion is filed, if no claims or objections have been filed, and upon the Director of
Public Works' concurrence; and 4) authorize the City Clerk to release Labor and Materials
Bond and the Faithful Performance Bond upon expiration of the required lien period, if
no claims or objections have been filed, and upon the Director of Public Works'
concurrence.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, Sondhi Piercy, Keenan
None
None
Item NO. 18. Adoption of Resolution Approving an Agreement with Union Pacific
Railroad Company (old S.P.R.R.) to Remove the ExiSting Railroad Crossings and Construct
Street Improvements on Holder Street. Orange Avenue, Valley View Street, Lincoln
Avenue, Walker Street, Moody Street, and Crescent Avenue - Public Works Project No.
9916.
Councilmember MCGill requested staff to expand on the future of the railroad
easements not included In the railroad crossing projects. Mr. SChOII said the easements
will remain, and could be used for possible bikeways, trails, or similar uses. The Mayor
added that the Orange County Transportation Authority Is the current owner of the
easements. As a result of public hearings held several years ago, the citizens of the
communities affected by the easements expressed the wish that they remain as rights-of-
way. Further, once the tracks are removed, it will be landscaped by the OCTA.
A motion was made by Councilmember MCGIII and seconded by Mayor Pro Tern
Piercy that the City Council adopt the Resolution by title only, title as follows, authorizing
the Director of Public Works to enter into an agreement with Union Pacific Railroad
Company (UPRR) to remove the existing railroad crossings and construct street
improvements on Holder Street, Orange Avenue, Valley View Street, Lincoln Avenue,
Walker Street, MOOdy Street and Crescent Avenue.
Resolution No. 5140
A Resolution of the City Council of the City of Cypress, Authorizing
the Director of Public Works to enter into an Agreement with Union Pacific Railroad
Company (old S.P.R.R.) for U.P.R.R. tO Remove the Existing Railroad Crossings
and Construct Street Improvements on Holder Street, Orange Avenue, Valley View Street,
Lincoln Avenue, Walker Street, Moody Street, and crescent Avenue -
Public Works Project No. 9916
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, Piercy, Keenan
None
None
Item No. 20. Approval of Contract Change Order NO. I for Construction
Administration/Inspection of Seismlc Retrofit of Lincoln Avenue Brid.cle at coyote creek
Channel, Public Works Project NO. 9620.
According to Councilmember MCGilI, this item was pulled because he wished the
City Manager to discuss the fact that the cost of this project was completed at twice the
bid amount. Mr. Ochenduszko responded that the necessary overrun costs incurred were
being approved and paid for by CalTrans.
12
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
A motion was made by Councilmember McGilI, seconded by Mayor Pro Tern PleFCV,
and carried by the following roll call Vote that the City Council (1) approve Contract
Change Order No. I in the amount of $24,498.10 for construction
administration/inspection of seismic retrofit of Lincoln Avenue Bridge at Coyote Creek
Channel, Public Works Project NO. 9620; and (2) approve an additional appropriation in the
amount of $24,499.00 from the unappropriated fund balance of ClP Fund to ACCOUnt NO.
4189-15-800-21; and (3) approve additional estimated revenue (3525-15-999-99) in the
amount of $312,963.00 from federal and state grants.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, Piercy, Keenan
None
None
ORDINANCES (Second Reading):
26. Second Reading of 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 Mayor noted that this item had been discussed at the prior City Council
meeting, and was listed only for the Second Reading. The City Manager noted that staff
recommended approval for this item.
It was moved by Mayor Pro Tern Piercy and seconded by Councilmember McCoy to
adopt the following Ordinance by title only, title as follows:
Ordinance NO. 993
An Ordinance of the City Councll 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 was unanimously carried by the following roll call Vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGllI, Sondhi, Piercy, Keenan
None
None
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER,
UNLESS EXTENDED BY THE CITY COUNCIL.)
27. Public Hearing Regarding Application for a Special Permit - Residential
Addressing Service - DlaZ Painting Company.
Chief Hensley advised the Council that an application had been received from Mr,
JUlIO C. Dlaz, dba Dlaz Painting Company, 1803 Sumac Lane, Apartment 6, Anahelm,
California, in accordance with the requirements of Cypress MunIcipal Code §§15.55; 15.69.
Public Works Standard Plan NO. 410 "Requirements for HouSe Number Painting on Curbs",
allows this type of painting to be done by Independent groups as part of fund-raIsing or
service projects, and by independent contractors. DiStricts in the city are painted every
two years to ensure visibility of the numbers, especially important for identification of
residences by emergency vehicles.
After the addresses have been painted, voluntary payment is solicited from those
living at the address during the hours of 10:00 a,m. and 6:00 p.m. Monday through
Saturday. Staff's recommendation was for approval of this Special Permit, subject to
compliance with Public Works Standard Plan No. 410. If apprOved, the permit shall expire
September 13, 2000.
In response to a question posed by Councilmember Sondhl, Chief Hensley
responded that the addresses were executed In reflective paint, and were typically
located adjacent to the front door, a couple of feet from the driveway; with no more
than an inch to the top of the curb. Contractors have been used In the past for this
purpose. Councilmember McCoy asked and was advised that all addresses In a designated
area are repalnted, regardless of the condition of the lettering.
Councilmember Sondhi wanted to know If an Ordinance existed requiring the
placement of the addresses on the Curbs; Chief HensleV responded that he was not aware
of any requirement for such. In response to another question asked by Councilmember
Sondhl, the Chief said the last permit Of the type under review was Issued in January of
13
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
1998, and expired In January of 1999. The CIty received no responses of any nature
regarding the painting completed under that permit.
The Mayor opened the public hearing, and requested the applicant to approach
the podlure. MS. Clndy Surrey spoke on behalf of the applicant, Mr. Julio C. Dlaz, who also
stepped forward. Ms. Surrey made herself available to answer any questions. Responding
to the Mayor's question, she stated that this would be a first-time effort for Mr. DiaZ.
Harry Gardlkls, Cypress resident, spoke in favor of the project. AS a volunteer
fireman, Mr. Gardlkls noted the necessity to have visible numbers In place for emergency
vehicles. No further comments were offered, and the Mayor closed the public hearing.
The Mayor observed that the Clty's nonprofit organizations Were missing an
opportunity to raise needed funds by not participating In this curb-painting activity. The
Mayor Pro Tem concurred With this opinion, and noted that $5.00 Was a reasonable price
for the service. Councilmember MCCOV asked what area was being targeted at this time
for painting, and ascertained that the last time numbers had been painted was 1998.
Chief Hensley said that different areas were done at different times, and the area the
applicant will be painting has not been done In over two years.
A motion was made by Mayor Pro Tem Plercy, seconded by Councilmember McGIII,
and carried by the following roll call vote that the City council approve a Special Permit
to Mr. Jullo C. Dlaz, dba Diaz Painting Company, 1803 Sumac Lane, Apartment 6, Anahelm,
California, 92804, to paint address numbers on residential curbs in the City, subject to full
compliance with Public Works Standard Plan No. 410, Which permit shall expire on
September 13, 2000:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGilI, Sondhi, Piercy, Keenan
None
None
28. Public Hearing Regardln.q Amendment No. 2 to Conditional Use Permit No.
87-26. A Request to Construct Bulldln.q AdditiOns onto the Front Lobby and Rear Portion
of an EXiSting ChUrCh Building; Construct Interior Improvements, and Revise the Parklnq
LOt Layout. Located at 6143 Ball Road.
Community Development DIrector AliCe Angus presented Staff's report for this
project. The application represents a request to construct interior improvements and
exterior building additions totaling 6,570 square feet of additional floor area in an
existing church building located at 6143 Ball ROad, in the CG-IO,000 Commercial General
Zone.
AS outlined In the staff report, Mrs. AngUS informed the Council that the building
had originally housed a roller rink, but had been converted to a church use. Interior
improvements proposed include remodeling of the first and second floors to allow the
installation of additional auditorium seats, the addition of seven more offices, two more
classrooms, two more bathrooms, and three more storage rooms. Parking lot
improvements will be made to result In the addition of 101 more parking spaces.
MrS. AngUS said it was important to note that the rear of the facility faced single-
family residential housing across the Carbon Creek Storm Drain Channel; an area
approximately 80' in width.
Extensions of the building to both the front and the rear are proposed.
Reconfiguration of the parking area will also be necessary, and landscaping will be
adequate. The project has been determined to be Categorically Exempt, class 1(e)(2) in
accordance with the Guidelines of the California Environmental Quality Act (CEQA).
Therefore, staff Is recommending approval of the proposed church remodeling project,
by approving Amendment NO. 2 to Conditional Use Permit NO. 87~26.
Mrs. Angus noted that Since the time the staff report was prepared, a letter Was
received from property owners Mr. & Mrs. Charles Bell, residents of Joel Circle across the
Channel from the church. The Bells Were concerned about the proposed expansion,
because they both work graveyard shifts, and have had problems in the past with noise
emanating from the church when they are trying to sleep.
Mrs. Angus responded to some of the concerns expressed in the BellS' letter. She
said that the landscaping requirements to the rear of the facility had been met. In
regard to outdoor activities, conditions have been Imposed that limit and control the
hours when those activities may occur.
14
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
Mayor Keenan asked the applicant to step forward and introduce himself. Mr.
John Fitle, Trustee of the Cypress Evangelical Free Church, approached the podlure and
greeted the Council. He indicated that he hoped the 28' expansion of the rear of the
facility would help the BellS, as a concrete tilt-up wall will be Installed resulting in some
sound reduction. In addition, Mr. Fltle said that because the area in the backyard Will be
reduced as a result of the building expansion, that area will not accommodate as many
people; hence, there will be less noise.
The Mayor asked about the day care operation alluded to in the Bells' letter. Mr.
Fitle Said there was no day care facility, but that some of the children are there on
Sundays, Wednesday nights and when the MOm's Group meets on Thursday mornings.
Mr. Fltle said that they allowed the children outside In the evenings after Vacation Bible
School. During this period, someone showed up with a pony, and parents Were taking
pictures of their children sitting on the pony. He noted that this was a use which they
Should not have allowed, and which did disturb the BellS. Mr. Fitle said this type of
transgression will not occur again, and that signs have been posted to indicate that the
backyard is not to be used after 6:00 p.m.
The Mayor asked what type of wall was In the rear of the building along the
channel, and was informed that It is a cinderblock wall of standard height, to which a
lattice was added. Councilmember Sondhi inquired what types of precautions had been
taken to ensure that the rear doors are not left open, resulting in noise emanating from
the building and disturbing the neighbors. Mr. Fitle said that the doors had been posted
With signs.
Archltect Frank MCKinley introduced hlmself. He explained that the exit doors
were required by the code, and that the rear exit doors were proposed to be
constructed of glass for purely aesthetic reasons. Councilmember MCCOy determined
that the proposed doors were self-closing. Councilmember McGIII asked about changes
proposed to the rear wall of the building, which will be moved 28' into the backyard
closer to the property line. After asking, he was also informed that the proposed
windows on the second story of the building are fixed glass features. Responding to a
question posed by Councilmember Sondhl, Mr. McKinley stated that the windows had
been placed in such a way to preclude people from looking into people's backyards
across the channel.
The Mayor then opened the public hearing.
Charles Bell, 9875 Joel Circle, addressed the Council. Mr. Bell said that his house was
located across the Channel directly behind the Church. Mr. Bell said that they had
experienced problems with the Church since prior to 1993. He stated that they had been
"bombarded With noise" since the gymnasium was constructed and they started leaving
the doors open. Further, the Bells have been disturbed on a continual basis by kids
making lots of noise in the backyard area, because of volunteers allowing their children
to play in that area at all hours of the day and night on any day of the week. Additionally,
he said that people practice band instruments in the back, and Various activities are
scheduled in the rear area. Mr. Bell said there were also construction noises and loud
talking emanating from the backyard.
Mr. Bell said that the Church has been sensitive and cooperative whenever the
Bells gO and talk to them, but that the situation can not always be controlled because of
the sheer numbers of people involved.
Mr. Bell referred to the requests the church had made when the original
Conditional Use Permit Was applied for, and questioned why those plans had not come to
fruition. A Meditation Garden and a Forest Chapel, in addition to a play area, was
approved for construction. Mr. Bell said that the climbing area play equipment is in
violation of the conditions of Approval, because It exceeds the height of the fence. He
contended that the landscaping requirement had only been fuifilled after Mr. Bell
artended a City Council meeting in the summer of 1998, and begged the Council to force
the Church to comply. He also said that lights had been installed which shine brightly
into his yard. Mr. Bell suggested that if the Church wished to expand, that they expand to
the front or the sides of the facility, and not to the back. He summarized by saving he
would like to see the rear of the church used for storage, and that he never experienced
similar problems with the skating rink that was on the property prior to the church use.
Mr. Fltle stated that they were "very saddened" by the problems caused by the
Church for the Bells, and that they Would continue to attempt to resolve them. It was his
contention that the construction project would benefit the Bells, because the changes
would result in less noise. He Said a member of the Design Review Committee had
approved all the modifications made in the back by the Church, and that the church had
repainted the playground equipment to a neutral color at the request of the BellS.
15
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
Mr. Fitle suggested that they be allowed to commence with the construction, and
that perhaps a City representative could Visit the site In six months' time and conduct
some noise studies. He maintained that not as many volunteers will be at the facility
once the construction project has been completed, which will also result in less noise.
When the Mayor asked about the glass doors, Frank MCKInley responded that the
glass doors were proposed for purely aesthetic reasons, and that they could easily be
replaced with a solid material. Councilmember MCGIII wanted to know if there was an
intended use for the area to the west of the proposed New Construction - Phase I. Mr.
Fitle Said that the area doesn't get much use, and there ls no intended use for it at this
time. He said that some of the things requested initially were not completed, as plans for
the project changed as the construction was completed. Councilmember MCGIII
suggested that expanding the construction could possibly bring the noise source closer
to the Bells. The response was that the plan actually divided the yard, and will make it
impractical to use the rear yard for many of the uses it accommodated previously.
The Mayor asked about the option of discontinuing all the backyard uses. Mr.
WVnder interjected that If the Intent was to create a buffer and restrict the use, two
things must be done. First, an express covenant to discontinue the use and an express
covenant to remove the playground equipment must be obtained. Councilmember
MCGIII suggested that all of the back area not used as a play area be restricted.
Mr. Fitle responded that the Church had a lot going on with the construction
project, and that they were not particularly Interested in giving up the use of their own
backyard. He said that the noise levels generated by the use of the Church facility have
been shown to be within City standards by a noise study that was conducted. He stated
that they have made efforts to be a good neighbor, and should not be penalized if the
noise levels are not in violation of the Noise Ordinance.
Councilmember Sondhl asked for clarification as to the "CCC" area marked on the
plans; Director Angus responded that the area indicated designated parking stalls.
Councilmember Sondhi asked If the area could be designated for a play area, but was told
that all parking areas so designated were required by the use.
Councilmember MCCOy asked If the playground equipment exceeded the fence
height; Mr. Fltle responded that the height may be taller, but that the kids cannot climb
that high, except for a small area which Is screened by trees. Councilmember MCCOV
asked if there was a restriction on the height of the playground equipment, and was told
that the Condition reads, "Screening trees shall be Installed along the rear perimeter wall
to sufficiently screen the play area from view by adjacent residential properties to the
north..."; therefore, there was no particular height limit on the equipment.
Councilmember Sondhl noted that additional parking spaces were added, even
though the facility had met the parking requirements. Mr. Fltle responded that the
addition of 69 seats had resulted In a requirement for additional parking, and that about
eight or nine parking spaces had actually been lost. The Community Development
Director added that the parking capability is tight, and that staff would be concerned if
any parking was lost.
Mr. Bell asked to respond to some "untrue" statements made by Mr. Fltle. He said
that in the plans approved on September 11, 1995, the parking area, Including the 113
onsite parking spaces the subject church has access to, numbers approximately 363
parking spaces. This number represents approximately 139 parking spaces more than the
number required for the Church use. He also alleged that pushing the building back 28'
would not result In any area being lost, and that In effect, the Church is creating a patio
that will be used more than what the area is being used for currently.
Mr. Fitle responded that the parking places referenced by Mr. Bell took into
consideration the spaces made available by the shared parking agreement. He
maintained that the noises generated in the Church's backyard are not any Iouder than
those generated by any residential backyard. While he expressed regret that the Bells are
so sensitive to the noise emanating therefrom, he didn't think the church should be
restricted from using their own yard.
As no further Input was forthcoming, the Mayor closed the public hearing.
The City Attorney stated that he had seen this type of problem dealt with in a
couple of ways. FirSt would be to regulate the use of the space that creates the noise.
The other would be to require the applicant to provide soundproofing amenitles to
properties and residences impacted by the noise. One possibility would be to require
that as a condition of approval, the back area not be available for use. Another option
16
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
would be to require double-glazed windows, alr conditioning features, and something
that would create a sound buffer for the property most impacted by the use. Mr.
WVnder Said the latter would be a legally appropriate option for the Council to impose as
a condition of approval, notwlthstandlng the fact that the noise doesn't exceed the City's
mandated noise level. Mr. Wynder said it Would not be an unreasonable exercise of the
City's police power to limit the use of the back area. He added that it would not be
unreasonable to allow the applicant to use the space, and to require the applicant to
provide soundproofing to the residents impacted by the noise.
The Mayor said he would be reluctant to Impose those requirements, as only one
homeowner has complained; but acknowledged that the Bells were in a unique situation
because of their work schedule. He suggested that the backyard use be limited for six
months, after which time It will be reviewed by the Council. After that period, any
appropriate mitigation measures wlll be imposed if deemed necessary.
A desire to consider the possibility of moving the play area to the front was
suggested by Councilmember Sondhi. The Mayor mentioned that option could create a
problem in relation to security for the children, as well as may negatively impact the
parking situation; Councilmember MCGIII expressed his agreement with this.
Councilmember McCoy expressed his support for the Mayor's six-month proposition.
In response to the wishes expressed by the Council, the city Attorney suggested
that the following language be added to paragraph 5 of Exhibit "A" - Conditions of
Approval: "Use of the area to the north of the property and west of the existing
plaVground yard for organized outdoor activity shall be prohibited for a period of six
months following completion of the construction authorized by this permit. This
Condition shall be subject to review by the Community Development staff and, if
appropriate, by the Clty Council prior to the expiration of the six month-period from the
completion of construction." Condition No. 33 shall be modified to add that doors shall
be constructed of a solid material, as opposed to glass.
Mayor Pro Tern Piercy clarified for the applicant that the use of the backyard can
continue up until the time of construction.
A motion was made by Mayor Keenan, seconded by Councilmember Sondhi, and
unanimously carried by the following roll call vote that the city council direct staff to
modify the Resolution of the City Council of the City of Cypress approvlng Amendment
No. 2 to Conditional Use Permit NO. 87-26, with existing Conditions of Approval and with
additional Conditions reflecting the wishes of the Council expressed during the meeting
of September 13, 1999; and to continue its consideration of said Resolution to its next
Regularly Scheduled Meeting of Monday, September 27, 1999, at 7:00 p.m:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, Sondhl, Plercy, Keenan
None
None
Mr. Paul Buckley asked and was granted permission to speak. He requested that
when the language is developed, that standards of noise control be made clear, as he is
the one who will be making the adjustments.
Mayor Pro Tem Piercy asked for clarification regarding the location of the "patio";
the area was pointed out by the architect, Frank McKlnley. The Mayor Pro Tern noted that
the patio was actually an overhang.
29. A Public Hearing Regarding a Request for a Ninety (90) Day Extension to the
Phase 1 and Phase 2 Timing Provisions of Conditional Use Permit No. 99-1, an Automotive
Repair and Towing Use Located at 5640 Lincoln Avenue.
Community Development Director Angus reported that this appllcatlon had been
previously approved by the City Council In June. At that time, it was approved as a
phased project, with the first phase .closlng within three months. It was anticipated at
that time that escrow would close on the day following the meeting at which approval
for the project was granted. However, escrow Was extended, necessitating a request for
an extension. Staff was recommending approval of the extension of the timeline.
The Mayor then opened the public heating. The applicant, Juan Rendore,
introduced himself. Mr. Rendore said that because of circumstances beyond his control,
escrow did not close when originally anticipated. He explained that since the time he
applied for the extension, escrow has closed. He will need the additional time to comply
with the phasing of the project, and asked that the council favorably Consider his
request. NO further comments were forthcoming, and the Mayor closed the public
hearing.
17
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
A motion was made by Councilmember McCoy and seconded by Mayor Pro Tern
Piercy to adopt the Resolution by title only, tltle as follows, Approvlng a NInety (90) Day
Extension to the Project Phasing of Conditional Use Permit No. 99-1, with Conditions:
Resolution NO. 5141
A Resolution of the City Council of the City of Cypress Approvlng a
Ninety (90) Day Extension to the Project Phasing of
Conditional Use Permit No. 99-I, with Conditions
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, Sondhl, PiercV, Keenan
None
None
30. Public Hearing Regarding Design Review Committee Permit NO. 99-25,
Request to Construct a Two (2) Story, 6.000 Square-Foot Office Building at 8931 Watson
Street and Variance No. 99-2. Request to AllOw a BUilding Setback that Exceeds the
Maximum Allowable Ten-Foot (10') Front Yard Setback.
Community Development Director AngUS explained that Design Review Commi~ee
Permit NO. 99-25 represented a request to allow the construction of a ~vo (2) story, 6,000
square-foot commercial office building at 8931 Watson Street, in the Downtown DiStriCt
Of the PC Planned Community Zone, Lincoln Avenue Specific Plan Area. Variance NO. 99-2
iS a request to allow the proposed office building to be setback approximately 115 feet
from the front property line which Would be beyond the ten foot (10') maximum front
yard setback allowed by the development standards of the Lincoln Avenue Specific Plan.
The project site currently consists of two (2) Vacant parcels totaling 17,655 square feet in
area. An application for a Lot Line Adjustment will also be required in order to
consolidate the two parcels into one parcel.
staff was recommending that the CIty Council (1) adopt the MItigated Negative
Declaration, De Minlmus Findings, and Mitigation Monitoring Program in accordance with
the requirements of the California Environmental QUali~¥ACt; and (2) adopt the Resolution
for Approval of DRC No. 99-25, subject to the Conditions of Approval; and (3) Adopt the
Resolution for approval of Variance NO. 99-2.
At the conclusion of staff's report:, the Mayor asked the applicant to step forward.
Simon Lee, architect for the project, introduced himself. Mr. Lee thanked the Design
Review Committee and Planning staff for their supporE, and said that the Conditions of
Approval were acceptable to his client. He requested the Council's SupporE for the
project, and said he would be happy to answer any questions.
The Mayor then opened the public hearing. No comments Were offered, and the
public hearing Was closed.
councilmember Sondhi was pleased that the project was belng proposed in the
Lincoln Avenue Specific Plan area. The Mayor noted It was a quality project that would
bring new employees to the City, who would be able to walk along Lincoln Avenue. The
design of the building was found to be very aesthetically pleasing to the Council
A motion was made by Councilmember MCCOy and seconded by Mayor Pro Tern
Piercy to adopt the Resolutions by titles only, titles as follows, approving Design Review
CommiEcee Permit NO. 99-25, with conditions; and granting a Variance from the terms of
development standards of the Lincoln Avenue Specific Plan, Section 4.5, to allow the
construction of an office building beyond the maximum front yard setback of ten feet
(10'), Variance NO. 99-2:
Resolution NO. 5142
A Resolution of the City Council of the City of Cypress
Approving Design Review Comml~ee Permit NO. 99-25, with Conditions
Resolution No. 5143
A Resolution of the City Council of the City of Cypress
Granting a Variance from the Terms of Development Standards of the
Lincoln Avenue Specific Plan, Section 4.5, to AllOw the Construction
of an Office BUilding beyond the Maximum Front Yard Setback of Ten Feet (10') -
Variance NO. 99-2.
18
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
McCoy, McGilI, Sondhi, Plercy, Keenan
None
None
31. Public Hearing Regarding the First Reading of a Proposed Ordinance
Amendment, L m t n.q HOURS Of ConstructiOn and Maintenance ACtiVitieS
Community Development Director AngUS reminded the Council that it had
considered a similar ordinance In June of 1999. At that time, the Council had requested
some slight changes in regard to the allowed hours of operation. The modifications had
been effected to reflect those changes.
Mayor Keenan noted that while he did not support the previous notation, the
currently proposed limitations on construction and maintenance were acceptable to him.
The Mayor opened the public hearing on this item.
forthcoming, and the public hearing was closed.
No Comments Were
A motion was made by Mayor Keenan and seconded by Mayor Pro Tern PiercV that
the City Council approve the first reading of the following Ordinance by title only, title as
follows:
Ordinance NO.
An Ordinance of the City Council of the City of Cypress, California,
Amending Subsections 13-70(e), 13-70 , and Subsection 7.17.B.1.b of Appendix A of the
Cypress City code, Relating to Limitations on Hours of Construction, Repair,
Remodeling, Grading and Maintenance of Real Property
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS
McCoy, McGllI, sondhi, Piercy, Keenan
None
None
RECESS:
At 10:10 p.m., the Mayor recessed the meeting which was reconvened at 10:17 p.m.
DEFERRED BUSINESS:
32. Continuation of Discussion Regarding Conditional Use Permit NO. 99-4,
Request to Establish an Adult Day Health Care Center, Located at 4470 Lincoln Avenue
(Suites 1, 2 and 3).
The Community Development Director provided staff's report on this item. She
advised that the application had been presented to Council on June 14, 1999, and on July
26, 1999. Following public Input and discussion, the City Council had voted 3-2 directing
staff to return with a Resolution of Approval with additional conditions imposed, as
discussed during the meeting. The addltlonal conditions required that the use would not
permit the placement of tables and chairs In front of the facility, that a walkway would
be provided from the rear of the facility to the recreation area,.that the facility maintain
current licenses issued by appropriate state licensing agencies, and that possible
upgrades to the center In general be imp!emented.
The applicant has agreed to all the conditions, and has also agreed to make
upgrades to the signage In the center. Further upgrades will be implemented, and
landscaping improvements will be made. Staff's recommendation was that the city
Council adopt the Resolution by title only, title as follows, Subject to compliance with all
Conditions of Approval for the project:
Discussion was held among the Councilmembers, with the Mayor noting the
enhancement of the shopping center effected bV the signage improvements. While this
was acknowledged by councilmember MCGIII who also noted the need in the community
for adult day care, he did not feel the location for the use was appropriate. It was also
Councilmember McGill's opinion that the fast-food restaurant building constructed by the
applicant was the reason the propose~l site had not done well as a retail use. In response
to further remarks of Councilmember MCGill concerning licensing issues, the Community
Development Director read Condition of.Approval No. 9, which requires that the facility
19
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
be fully licensed by all appropriate governing agencies, and that failure to maintain Said
licensing in good standing will result In revocation of the use.
Councilmember MCCoV echoed the sentiments he had expressed at an earlier
meeting, noting that the use was not the retail type targeted by the very expensive
Lincoln Avenue Redevelopment Project, which had not yet had sufficient time to operate
as planned.
Councilmember Sondhi restated her position on this project, noting that the
Lincoln Avenue Specific Plan allows this type of use in the Mixed-Use Commercial zoning
designation.
Discussion regarding the actual cost of the Lincoln Avenue Project took place; the
City Manager promised to provide the Councilmembers with those amounts in memo
form prior to the next City Council meeting.
Mayor Pro Tern Plercy noted that while she was cognizant of the concerns
expressed by Councilmembers MCGIII and MCCOy, She felt that under the circumstances,
the use Should be approved.
A motion was made by Councilmember Sondhi and seconded by Mayor Keenan to
adopt the Resolution by title only, title as follows, approvlng Conditional Use Permit No.
99-4, a request to establish an Adult Day Health Care Center located at 4470 Lincoln
Avenue (Suites 1, 2 and 3).
Resolution NO. 5144
A Resolution of the City Council Of the City of Cypress
Approvlng Conditional Use Permit No. 99-4, with Conditions
The motion was carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Sondhi, Plercy, Keenan
NOES: 2 COUNCILMEMBERS: MCCOy, MCGill
ABSENT: 0 COUNCILMEMBERS: None
33. Appeal of CommUnity Development Dlrector's Decision Regarding
Amendment to Conditional Use Permit NO. 96-17. Request by Mr, Sal Hassan, to Add a FUll
Service Hand Car Wash, located at 5999 Cerrltos Avenue.
The staff report for this request was presented by the Community Development
Director. She reported that the City Council had denied an amendment to Conditional
Use Permit NO. 96-17, requesting the addition of a full-service hand car wash to the
Chevron gas Station located at 5999 Cerrltos Avenue. Several revisions of the plans were
submitted to the Community Development Department. After review, it was determined
by the Community Development Director that the conditions surrounding the project
had not changed; therefore, the project fell under the one-year waiting period for
resubmission mandated by Cypress Municipal Code §35,25. a. The project being submitted
for the Councll's consideration was a request by the applicant for an appeal of that
denial. The Community Development Director advised the council that they were being
asked to determine (1) whether the project submitted represented a same or similar
application; and (2) whether conditions surrounding the application have changed.
Councilmember Sondhl asked for a definition of the words "appreciable" and
"substantial"; and asked for clarification as to whether those applied to physical features
or to the use itself, or to the original reasons for denial. The City Attorney responded to
that question, by reading the applicable part of the Cypress Municipal Code: "Whenever
an application or portion of an application has been denied or revoked, and the denial or
revocation becomes final, no new application for the same or similar request may be
accepted within one (1) year of denial unless the Community Development Director finds
that the conditions surrounding the application have sufficiently changed to warrant a
new application." Mr. Wynder explained that "changed circumstances" were used as a
"term of art" that could be used, for example, if the residents of a neighborhood
potentially suffering negative impacts as a result of a project were all to move away, that
even[ would consist a "sufficient" change to the surrounding conditions affecting the
project, and would warrant a new application. He explained that the application as
submitted represents a same or similar use; i.e., a car wash, and the burden is on the
applicant to show that the conditions surrounding the application have sufficiently
changed. The City Attorney said that none of the conditions surrounding the application
had changed, which was the basis for the Community Development Director's
recommendation for denial. Mr. Wynder said that the applicant had "fine-tuned the
2O
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
amenities" of the proposed development, which he opined did not constitute a change in
condition, "by any objective standard."
In response to a question posed by the Mayor, the project was originally denied on
the basis of incompatibility with the adjacent neighborhood, noise levels, and the traffic
on the site.
The Council requested clarification of the Code's requirements for reconslderatlon
of this project; the City Attorney responded that if a project submitted to the
Community Development Department Is not significantly different from the project
previously submitted to the Council, the Council can not re-agendize the matter and go
through another public hearing process for a period of one (1) year. The Code imposes
the one-year limitation In part to protect the affected property owners from having to
appear repeatedly at Council meetings to address the same issue.
Further discussion ensued concerning the definition of "significantly changed
circumstances." The City Attorney advised that if the council was convinced that the
conditions surrounding the project had significantly changed since the time of Councll's
denial, the project could be reconsidered.
A motion was made by Councilmember MCGIII and seconded by Mayor Pro Tern
Piercy to deny the appeal of the Community Development Dlrector's Decision regarding
amendment to Conditional Use Permit NO. 96-17, request by Mr. Sal Hassan to add a full
service hand car wash located at 5999 Cerritos Avenue. The motion was carried by the
following roll call vote:
AYES: 3 COUNCILMEMBERS: MCCOy, MCGIII, Plercy
NOES: 2 COUNCILMEMBERS: Sondhl, Keenan
ABSENT: 0 COUNCILMEMBERS: None
NEW BUSINESS:
34. Request to Remove a Parkway Tree at 9208 Christopher Street.
Mr. Stan Scholl, Interim Director of Public Works, presented the staff report for this
request. Mr. Scholl stated that the tree located at 9208 Christopher Street, a Brazilian
Pepper Tree, did not meet any of the City's criteria for removal, so the request had been
denied by the Public Works Director. In accordance with the Cypress MUniCipal Code, a
resident may appeal staff's decision to the City Council. Staff was therefore seeking
Council's direction in this matter.
The Mayor and Councilmember MCGill indicated that while they were normally
opposed to removing mature trees, the tree under consideration made the grass difficult
to mow, and the potential for future damage existed. Mayor Pro Tern PlercV and
Councilmember Sondhi expressed the wish that the tree be spared, and that the decision
of the Public Works Director be upheld.
Councilmember McCOy asked whether the city had performed any root removal at
the location, and was told by Mr. scholl that the sldewalk had been replaced, at which
time the roots of the tree were trimmed significantly.
councilmember Sondhl and Mayor Pro Tern Plercy stated that the tree did not
meet the City's pre-establlshed criteria for removal; the Mayor requested that the criteria
be overridden in this circumstance. The Mayor Pro Tern questioned the purpose of
having pre-established criteria If It Is not going to be observed.
A motion was made by Mayor Pro Tern Piercy and seconded by Councilmember
Sondhi to deny the request to remove a parkway tree at 9208 Christopher Street. The
motion failed by the following roll call vote:
AYES: 2 COUNCILMEMBERS: Sondhl, Plercy
NOES: 3 COUNCILMEMBERS: MCCOy, MCGIII, Keenan
ABSENT: 0 COUNCILMEMBERS: None
A motion was made by Councilmember MCCOy and seconded by Mayor Keenan to
approve the request to remove a parkway tree at 9208 Christopher Street, and to request
a 36" box tree replacement for same to be purchased by the resident. The motion was
carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: MCCOy, MCGilI, Keenan
NOES: 2 COUNCILMEMBERS: SOndhl, Plercy
ABSENT: 0 COUNCILMEMBERS: None
21
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
35. Review of VFW Lease for Proposed Use for Adult Day Care Services.
Director of Recreation & Parks Marvln DeCarlo presented the staff report for this
item. Mr. DeCarlo advised that the city of Cypress and Local V.F.W. Post NO. 9847 had
entered into a lease agreement for City-owned property located on the northwest corner
of Cerritos and Moody. The building on the site Is owned by the V.F.W. DIscussions with
the Acacia AdUlt Day Services are currently taking place to discuss use of the site. The
lease terms stipulate that no subletting, assigning or allowing others use of the premises
is allowed without written consent by the city Council.
Day care services are proposed by Acacia from 7:00 a.m. to 5:30 p.m., Monday
through Friday. The current V.F.W. meetings are held once a month during the evening
hours; therefore, would not conflict with the proposed uses. The City Manager
interjected that if the Council directed that the current lease agreement be reviewed and
that staff work on this matter, the Councll's action will be to direct this to be part of
staff's work plan, to study the matter, to work on the agreement itself, and to request
the applicant to submit an application for review for a Conditional Use Permit.
Mallory Vega, Executive Director of Acacia Adult Day Care Services, introduced
herself. She stated that they currently run a facility in Garden Grove similar to the one
proposed in cypress, and that they have worked hard to develop a mutually beneficial
relationship with the City of Garden Grove In that location.
A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember
Sondhi, and unanimously carried by the following roll call vote that the City Council direct
review of the V.F.W. lease for proposed use for Adult Day Care Services be included as part
of the Work Plan, to be studied by staff, develop a lease agreement, and direct the
applicant to submit an application for review for a Conditional Use Permit:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, MCGilI, SOndhl, PiercV, Keenan
None
None
36. Execution of Promissory NOteS between the Cypress Redevelopment
Agencv and the City of CvDress.
Director of Finance & Administrative Services Storey presented the staff report for
this item. Mr. Storey advised that since the Agency was created, debt has been mainly
generated in the form of loans from the city to the Redevelopment Agency. He
explained that in September of 1999, three of the Promissory Notes, issued in 1996 and
totaling $9.9 million dollars, matured. It has been determined that at this time, the
Redevelopment Agency can not afford to repay the principal that is maturing. Staff
therefore recommended that the notes be rolled over an additional two years, at the
same interest rate.
Councilmember Sondhl clarified that Redevelopment Agencies exist for the
purpose of creating debt, in order to obtain tax increment revenues from the County
resulting from increased property tax on the area involved. Mr. Storey responded to a
request by the Mayor advising that the target date for paying off this debt is 2016-2017.
A motion was made by Mayor Pro Tern Plercy, seconded by Councilmember Sondhi
and unanimously carried by the following roll call vote that the City Council authorize
City staff to execute the Repayment Agreement and three Promissory Notes in the
amount of $9,900,000 with the Redevelopment Agency, with the repayment by the
Agency to be made from future tax increments or other Sources from the project areas:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOy, McGllI, Sondhi, Piercy, Keenan
None
None
37. Approval of Commercial Warrant Lists for Warrant Nos. 38977, 39003 - 39734:
A motion was made by Councilmember MCGilI, seconded by Councilmember
Sondhl, and carried by the following roll call vote (with Mayor Keenan abstaining on
Warrant Nos. 39512, 39120, 39248, 39024, 39378, 39379, 39377, and 39554) that the City
Council approve the City of Cypress Cornmercial Warrant List for Warrant NOS. 38977,
39003 - 39734, totaling $3,921,017.44, as presented:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGllI, Sondhi, Plercy, Keenan
None
None
22
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
RECREATION & PARK DISTRICT MATTERS:
Governing Board of Directors.
The Cypress City council, acting as the ex officio
38. Request for Financial Support for the Cypress Pops Orchestra's Event on
November 14, 1999.
Recreation & Parks Director Marvin DeCarlo presented the staff report for this
item. He advised that the Cypress Pops Orchestra was allocated $7,500 for its four
summer concerts and the annual youth concert held in the fall In the 1999-2000
Recreation and Park DiStriCt Budget. NO funds were allocated for the November concert.
Following diScusSion, the City Attorney offered to make a $500.00 donation toward
the Holiday Concert event, and each Councilmember will make a contribution of $100.00,
for a total donation of $1,000.00 to the Cypress Pops Orchestra to help defray expenses
generated by the November 14th Holiday Concert.
At 11:30 p.m., a motion was made by Councilmember MCGIII, seconded by
Councilmember Sondhi, and unanimously carried by the following roll call vote, to allow
the City Council meeting to proceed beyond the hour of 11:30 p.m.:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
MCCOV, McGilI, Sondhl, Plercy, Keenan
None
None
RECESS:
At 11:44 p.m., Mayor Keenan recessed the meeting to allow the City Council to
assemble as the Cypress Redevelopment Agency.
The City Council meeting was reconvened at 11:47 p.m.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
Prior to presenting the Committee Assignment reports, the Mayor Introduced the
new Public Works Director, Jeffrey Slnn, formerly CIty Engineer for the city of Fountaln
Valley.
The Mayor Pro Tern reported she had attended two meetings; one regarding
growth management and one sponsored by the Orange County Sanitation Dlstrlct's
Operations & Subcommittee Meeting regarding water conservation. This Is a program
Coordinated between eight different agencies with the goal of replacing 900,000
inefficient toilets. There will various locations throughout the county where toilets can
be exchanged at no cost.
Councilmember Sondhl advised she had attended a meeting of the Orange County
Housing & Community Development Commission. A notice of funding for affordable
housing will be posted, and only $10,000,000 of the total $20,000,000 mentioned at an
earlier meeting will initially be made available.
Councilmember Sondhl also attended a meeting of the Orange County Airport
Authority. A contract has been awarded to Barbara Foster by the AUthOrity, to ensure
that accurate information will be disseminated regarding the El Toro Re-use.
Councilmember MCGlll attended two orange county League of Cities meetings. At
one of these, the effect of birth order on subsequent relationships was disCusSed. At the
second meeting, author Ray Bradbury was the featured speaker.
Councilmember McCoV provided an update on the Fire AUthOrity Equity Study
issue. A joint powers agreement Is now being developed by staff. Once the language of
the agreement has been developed, the Agreement will be resubmltted to each City for
its Council's approval. This is anticipated for presentation to Council in the Fall of 1999.
The Mayor represented Cypress at an Airport Land Use Meeting hosted by the
Airport Land Use Commission, which is attempting to expand its sphere of influence. The
Mayor spoke in opposition to their plans Involving the Armed Forces Reserve Center in
LOS Alamitos which would have a negative impact on Cypress property.
The Mayor, a member of the State League Policy Committee for Transportation,
Communication and Public Works, artended one of their quarterly meetings. One item
discussed was the prollferatlon of area code changes recently required. Telephone
23
CITY COUNCIL MINUTES SEPTEMBER 13, 1999
companies have been allowed to hold blocks of numbers numbering 10,000. New
legislation will reduce this amount to blocks of 1,000.
Mayor Keenan also artended the Orange County Council of Governments General
Session scheduled annually, which was basically a goal-setting meeting for the year 2000.
He artended a meeting of the Southern California Council of Governments
Transportation Committee, of which he is a member, which overviewed the statewide
high speed rail proposal.
The Mayor attended two Orange County Transportation Authority meetings,
during one of which they rejected the add-on fee for the attorneys who handled the
Orange County bankruptcy. During the more recent meeting, the light rail project
scheduled to go between Fullerton to Irvine was discussed. Mayor Keenan has a copy of
the proposal which wlll be made available for public review.
The Mayor also artended a meeting of West Orange County Cities during which an
update on the Port of LOng Beach and its relationship With those cities Was presented.
Mayor Keenan also represented Cypress at the Seal Beach Naval Weapons Station
where a change of command ceremony was held.
ORAL COMMUNICATIONS: FOr Matters not on the Agenda.
Paula English and Harry Gardlkls addressed the Council, and expressed their regrets
at the departure of City Manager Ochenduszko.
Mr. Gardlkis proceeded to discuss at some length the many things he was grateful
for.
Mary Mclver, on behalf of the Cypress Women's Club, bid farewell to the City
Manager, and wished him luck.
Thanks was also offered on behalf of the Cypress Pops Orchestra.
The Mayor mentioned that a TOwn Hall Meeting has been scheduled for September
20, 1999, at 7:00 p.m., at the Exhlbltgroup/Glltspur, whlch had donated their facility for
the meeting.
The City Manager added that the meeting would provide a great opportunity for
residents to meet with Councilmembers and staff to discuss issues of interest to the
people of Cypress.
WRITTEN COMMUNICATIONS: For Matters not on the Agenda.
There were no matters for consideration.
ADJOURNMENT:
At 12:10 a.m., the meeting was adjourned by Mayor Keenan to September 20, 1999,
at 7:00 p.m., at which time a Town Hall Meeting will be held at Exhibitgroup Giltspur, 5560
Katella Avenue, Cypress.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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