Minutes 2000-02-14 CITY COUNCIL MEETING - FEBRUARY 14, 2000
INDEX
CIVIC CENTER
Appv. Req. by Cypress Twitlets Sq. Dance Club to Use Plaza Area
CODE ENFORCEMENT
Adopt Ord. Amdng. City Code Re: Adm. Cit. Prog.
COMMENDATIONS
AdoPt Reso. Recog. Americana Award-Cindy Warrent "CIt:lzen of the Year"
Adopt: Reso. Recog. Americana Award-Yamaha Motor Corp. U.S.A, "DIstinguished
Business Partner"
DESIGN REVIEW COMMITTEE PERMITS
Adopt ReSO. Appvng. DRC 99-45-Const:. Monu. Sgn. @ 4572 Lincoln Avenue
Adopt Reso. Appvng. DRC 99-48-1nst:. Signage @ 10775 Business Center Dr.
Adopt ReSO. Appvng. DRC 99-50-Const. Impvmnts. @ 5785 Corporat:e Ave.
Adopt Reso. Appvng. DRC 2000~l-Erect Sculpture in CIvic Center
Adopt Reso. Appvng. DRC 99-49-Const:. 5 S.F. Resld. @ 8151 GaY St:.
Adopt ReSO. Denying DRC 200C-03 Malnt. Neon LIghtng. @ 4901 Lincoln Ave.
EMPLOYEES
Appv. Amdmt. Revls. Class. Specs. - City Clerk
Appv. Amdmt. Revls. Class. Specs. - Off. Ass't 1/11 & Police Aide
Adopt Reso. Establ. Malnt. Specialist Classifications
RNANCE
Accept: Auditor Mgmt. Ltrs.
AppV. Cornre. Warrant List Nos. 41527-41952
LEGISLATION
Receive/File Rept. Re: Prop 12/AB 18
Receive/File Rept. Re: Prop 13/AB 1584
NONCONFORMING USE HEARING BOARD
Sched. Int:. to APpnt. New Boardmember
ORANGE COUNTY - MISC.
Adopt Reso. Apptng, Rep. TO ReCV. O.C. Bkrptcy. Settlement Funds
ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
Adopt: Amdmt. No. 2 to OCTA Mast:er Funding Agmt.
PARKS (ARNOLD/CYPRESS)
ApDV. Cont. Chng. Oral. NO. 1 - Restr. Rmdl. - P.W. ProJ. 9846
PLANNING
Auth. Comm, Dev. DIF. TO attend APA Nat'l Planning Conf.
POLICE DEPT.
Accept Don. From CVDreSS Car Wash/Approp. Add'l Funds for Purch. of Comp. Montrs.
PROCLAMATIONS
Census Day- April 1, 2000
RECREATION & PARKS DEPT.
4t" of JUlV - AppV. 3-year Ext. of Muir:l-Agency Pyrot:echnlc Agmt.
SPECIAL PERMITS
Appv. Spec. Permit for Z Bes~ Antiques @ 4480 Lincoln Ave.
STREET IMPROVEMENTS
AWd. Contracts: BUy Print:. Mgmt. Software; Hire Prog. Cons. P.W. Proj.
Accept Cont. for Const. of LIncoln Ave. Streetscape-P.W. Proj. 9805
Appv. Subre. of Street: Impvmt. Proj. to OCTA-P.W. ProJ. 2000-02
TRACT MAPS
Adopt. Reso. Appvng. Tent. Tract Map 15997-8151 Gay St.
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
FEBRUARY14,2000
A regular meeting of the City of Cypress City Council was Called tO order at 5:35
p.m. by Mayor Plercy in the Board ROom, West Wing of City Hall, 5275 Orange Street,
cypress, california.
PRESENT:
Piercy
Councilmembers Keenan, McCOV, Sondhl, Mayor Pro Tern McGIII, and Mayor
AlSO present were Interim City Manager Storey, City Attorney Wynder, and
staffmembers LIU, Angus, Sinn, Hensley and Hooper-Davls.
WORKSHOP SESSION:
City of Cypress Travel and Meetings Policy.
A revised City of Cypress Travel and Meetings Policy was presented for the Council's
review by Interim City Manager Richard Storey during the Workshop Session. The policy
was developed to outline reimbursement practice for City of Cypress employees for
reasonable travel expenses incurred in connection with official representation of the City
at functions from which the City wlll derive a specific benefit. Mr. Storey indicated that
the revised policy differed from the previous policy In two key areas: (1) No actual
receipt will be required for per diem meal expenses; a flat amount will be provided; and
(2) Each department will be allocated travel funding, based upon position classifications.
The policy limits the number of conferences ateended bV one individual, and the number
of persons a~cending the same conference.
The City Council diSCUSSed Ilmits on dollar amounts allowable for travel and
meetings, as well as per diem amounts. Staff will develop additional guidelines and
Submit a report to Council for review when complete.
Bali Road Median Landscaping Project.
AlSo during the Workshop, a presentation to Council regarding Public Works
Project NO. 9840, a Review of Median Landscape Features for Ball Road, was made bV Jeff
Sinn, Public Works Director.
Mr. Sinn reported that the City's Arterial Street Rehabilitation FUnd for the current
fiscal year has been designated to resurface and repair Ball Road from Bloomfield Street
to Holder Street. Matching federal funds have been received for pavement
rehabilitation, and center median islands will be constructed, as well. Mr. Sinn stated that
a total of $180,000 for the median improvements and $200,000 for landscape
improvements of parkways was allocated from the General FUnd. Several options for
landscape features to be used in the medians and parkways were developed by staff for
the Council's review.
These include: Alternative I - BUild irrigated landscaped medians (western City
limits to Valley View Street) at a cost of $2,137,000; Alternative 2 - Build non-irrigated
landscaped medians (western City limits to Valley View Street) at a cost of $1,680,000;
Alternative 3 - Build Irrigated landscaped medians (western City limits to Holder Street) at
a cost of $2,451,000); and Alternative 4 - Build non-irrigated landscaped medians (western
City limits to Holder Street) at a cost of $1,880,000. In addition, it Is estimated that
approximately 3,000 man-hours per year will be required to maintain the landscaped
medians.
Depending upon the City Council's direction as to which option to pursue,
additional funding is available for the project from General Fund, Measure M turnback
and Gas Tax.
FOllOWing discussion, Council directed staff to pursue Alternative 4, which
provided for the construction of non-irrigated landscaped medians (western City limits to
HOlder Street), at a cost of $1,880,000.
CLOSED SESSION:
CITY COUNCIL MINUTES FEBRUARY 14, 2000
FollOwing the conclusion of the workshop session, the Council recessed at 6:40
p.m., in order to convene in Closed Session to discussion the following agendized items:
Conference with Real Property Negotiator (CaLOovt. Code ,~ 54956.8) Property:
Streets and Rights-of-Way Owned by the City; Ne,qotlatlng Parties: Mediaone and City of
Cypress; Under Negotiation: Terms of Payment.
Conference with Legal Counsel - Exlstlng Litigation (CaLGovt. Code§ 54956.9[a]);
Name of Case: Waiters, et al. v. City of CYpress, et al., EDCV 99-13117-FMC(CTx).
Public Employee Appointment (CaI. Govt. COde ,~ 54957); Title: City Manager.
7:00 P.M. SESSION:
PRESENT:
PierCy
Councilmembers Keenan, MCCoy, Sondhi, Mayor Pro Tern McGill, Mayor
AlSO present were Interim City Manager RIchard Storey, City Attorney WVnder, and
staffmembers LlU, Sinn, Angus, DeCarlo, and Hensley.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by members of Boy Scout
Troop NO. 1666; Scoutmaster John LOve.
INVOCATION: The invocation was given by BishOp DOn Lewis, The ChurCh of Jesus Christ of
Latter Day Saints, Cypress 5t" Ward.
PRESENTATIONS:
A presentation regarding Proposition No. 13, Water Bond, Was made by orange
County Water DiStriCt Director Philip Anthony. Mr. Anthony provided a visual program
regarding the benefits to be derived from the passage of Proposition NO. 13, and urged
the City Council to support the measure.
REPORT OF CLOSED SESSIONANORKSHOP AGENDA:
The Interim City Manager advised that a Workshop Session was held at 5:30 p.m.
that evening with the City Council. The purpose of the Workshop was (1) review of the
revised CIty Travel & Meetings Policy; and (2) Review of Median Landscape Features for Ball
ROad, Public Works Project NO. 9840. Staff sought input from the Council regarding these
matters.
Mr. Storey advised that suggestions from the Council regarding the City's proposed
Travel & Meetings Policy would be investigated by staff, with the results to be presented
to the Council when completed.
He added that in regard to the Ball ROad Median Landscape Features, Public Works
Project No. 9840, Council had directed staff to pursue the Implementation of Alternative
4, which provides for the construction of non-landscaped medians from the western City
limits to Holder Street, at a cost of $1,880,000.
The City Attorney reported on the Closed Session with the City Council held
immediately following the Workshop Session, during which the following items were
addressed:
Conference with Real Property Negotiator (CaLGovt. Code ,~ 54956.8) Property:
Streets and Rights-of-Way Owned by the City; Negotiating Parties: MediaOne and city of
Cypress; Under Neqotlatlon: Terms of Payment.
Mr. Wynder advised that the city Attorney had provided a privileged and
confidential report to the Council regarding this item. The City Council had authorized
negotiations in the matter.
Conference with Legal Counsel - Existing Litigation (CaI. Govt. Code§ 5~956.9[a]);
Name of Case: Waiters, et al. v. City of Cypress, et al., EDCV 99-13117-FMC(CTX).
Mr. Wynder stated that the city Attorney had provided a privileged and
confidential report to the Council regarding this item. The City Council had authorized
negotiations In the matter.
Public Employee Appointment (CaI. Govt. Code§ 54957); Title: City Manager.
Mr. Wynder stated that continued proceedings for the selection of the City
Manager had been authorized by the City Council in regard to this item.
2
CITY COUNCIL MINUTES FEBRUARY 14, 2000
ORAL COMMUNICATIONS:
SPEAKING ONCE.)
LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER,
Mayor Piercy opened the Oral Communications session, and requested anyone who
wished to speak on a topic not included on the meeting agenda to come forward.
Mary Crowder, Cypress resident, was first to speak. Mrs. Crowder requested that
the record reflect she ls 100% against the construction of a skatepark in Cypress.
Alexandria Coronado, Cypress resident and Cypress Cultural Arts Commissioner,
next addressed the Council. Ms. Coronado urged the Council to pull Item No. 10 from the
Consent Calendar. It was her opinion that Insufficient input had been received regarding
placement of the sculpture, and a citizens' design review committee had never been
appointed. Further, it was her opinion that the citizens of cypress should not be asked to
absorb the cost of installing the statue, as It constituted a donation to the Cib/of Cypress.
No further comments Were offered, and Mayor PlercV closed the Oral
Communications session.
AWARD OF CONTRACT:
1. Purchase of New Pavement Management Software; Award of a Consultant
Contract for Programming the NeW Software; and Rating the Arterial Streets, Public
Works Project No. 9847.
Public Works DIrector Jeff Sinn presented the staff report for this item. Mr. Sinn
advised that the CII:V's existing pavement management program is ten (10) years old, is
not compatible with Windows~, and does not meet the pavement management
program requirements of OCTA.
New software which complies with OCTA requirements will be purchased and
installed by Clb/staff. A consultant Is required to transfer the existing pavement
database and flies Into the new program, conduct a field survey of arterial streets, and
assign PCI (Pavement Condition Index) ratings to each section. This report is required in
order for the City tO be eligible for federal funds for arterial street projects. Additionally,
the consultant WIll conduct workshops to train City staff in using the new software and
will provide ongoing technical support for a one-year period. Training City staff in street-
rating procedures will also be provided by the consultant.
Five (5) bids were received from potential consultants. Because of their
experience with pavement management programs, their understanding Of the City's
requirements, and the methods used for field surveying and pavement evaluation, the
firm of Berryman & Henlgar was recommended by staff to provide the consulting
services.
Insufficient Funds were budgeted for the project. The software cost is higher, as
the City is now considering the purchase of a more sophisticated program with expanded
applications. Programming costs to transfer the existing data to the new software
exceed the cost anticipated, because of the obsolescence and incompatibility of the
existing software. Further, it was not known that a field survey of arterial streets would
be required prior to June 30, 2000.
Staff recommends that the City Council: (1) Award a contract to Berryman &
Henigar, 2001 East FirSt Street, Santa Ana, California, 92705, in the amount of $18,160.00,
to transfer existing pavement data files into the Cib/'s new Pavement Management
Inventory program, conduct staff training workshops, and field survey the arterial
streets; and (2) Approve an increased appropriation from the unreserved fund balance of
the General Fund in the amount of $3,000 into ACCount NO. 4116-11-263-07 for the
purchase of pavement management software and an increased appropriation From the
unreserved fund balance of the General Fund in the amount of $11,000 into ACCOunt NO.
4187-11-263-07 for Berryman & Henlgar's services.
After several questions from the Council clarifying why the increase over the
budgeted amount for this project was required, a motion was made by Councilmember
Keenan and seconded by Mayor Pro Tern McGlll that the city Council (1) Award a contract
to Berryman & Henlgar, 2001 EaSt First Street, Santa Ana, California, g2705, In the amount
of S18,160.00 to transfer existing pavement data files into the City's new Pavement
Management Inventory program, conduct staff training workshops, and field survey the
arterial streets; and (2) Approve an increased appropriation from the unreserved fund
balance of the General Fund in the amount of S3,000 into ACCOunt NO. 4116-11-263-07 for
CITY COUNCIL MINUTES FEBRUARY 14, 2000
the purchase of pavement management software and an increased appropriation from
the unreserved fund balance of the General Fund in the amount of $11,000 into Account
No. 4187-11-263-07 for Berryman & Henlgar's services. The motion was carried by the
following roll Call Vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, MCCoy, SOndhl, MCGilI, Piercy
None
None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by
the City Council to be routine and will be enacted by one motion approvlng the
recommendations listed on the Agenda.
Mayor Piercy requested that Items 2, 12 and 16 be pulled from the Consent
Calendar. Councilmember Sondhi asked that Items 9(a), 11 and 18 be pulled. Mayor Pro
Tem McGill pulled Items 4, 10 and 17 from the Consent Calendar.
A motion was made by Councilmember Keenan and seconded by Councilmember
McCOy to approve Items 3, 5 through 8, 9(b) and (c), 13 through 15, and 19 through 21 of
the Consent Calendar. The motion was carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, Piercy
None
None
Item NO. 3. MOtIOn tO Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item NO. 5. Adoption of Resolutions of Commendation for Cypress College
Americana Awards Recipients for the Year 2000 from the City of Cypress.
Recommendation: That the City Council adopt the Resolutions by title only, titles
as follows, commending the Cypress College 2000 Americana Awards recipients, Cindy
Warren, "Citizen of the Year" from the City of Cypress, and Yamaha MOtOr Corporation,
U.S,A., "Distinguished Business Partner."
Resolution NO. 5193
A Resolution of the CIty Council of the City of Cypress
Commending Clndy Warren on being Selected as the 2000
Cypress College Americana Award "Citizen of the Year"
Recipient from the city of Cypress
Resolution NO. 5194
A Resolution of the City Council of the City of Cypress
commending the Yamaha MOtor Corporation, U.S.A,, on being Selected
as the 2000 Cypress College Americana Award "Distinguished Business Partner" Recipient
Item NO. 6. Approval of Request from the Cypress Twirlers Square Dance Club to
Use the City council Plaza Area.
Recommendation: That the City Council approve the request of the Cypress
Twlrlers Square Dance Club for the use of the City Council Chamber plaza area on April 19,
2000, from 7-10 p.m., and on June 24, July 22, and August 26, 2000, from 7-11 p.m., subject
to the condition that the organization be required to pay for any additional costs
incurred in providing maintenance and utility services.
Item NO. 7. Authorization for Attendance of the Community Development
Director to the Annual American Planning Association's National Planning Conference.
Recommendation: That the City Council authorize the a~endance of AliCe Angus,
Communi~ Development Director, to the annual American Planning Assoclatlon's
National Planning Conference, scheduled for April 15-19, 2000, In New York, and be
reimbursed for all actual and necessary expenses incurred.
Item NO. 8. Proclaiming Support for Census Day- April 1, 2000.
Recommendation: That the Mayor and City Council proclaim the City's support of
Census Day, April 1, 2000.
4
CITY COUNCIL MINUTES FEBRUARY 14, 2000
Item No. 9. Approval Of Design Review Committee Permit No. 99-48, Request to
Install One (1) Building Sign for Siemens Building Technologies, Inc., Located at 10775
Business Center Drive; and Approval of Design Review Committee Permit No. 99-50,
Request to Install Outdoor Emergency Generator, Construct an Associated Enclosure,
Construct a Handicapped Access Ramp, and Install Storefront Glass DOOrs on the Building,
LOCated at 5785 Corporate Avenue,
Recommendation: That the CIty Council adopt the Resolutions by title only, title
as follows, approving Design Review Committee Permit NoS. 99-48 and 99-50, with
conditions.
Resolution NO. 5195
A Resolution of the City Council of the City of Cypress
Approvlng Design Review Committee Permit NO. 99-48,
with Conditions
Resolution No. 5196
A Resolution of the City Council of the City of Cypress
ApprovIng Design Review Committee Permit NO. 99-50,
with Conditions
Item No. 13. Approval of Amendment to the City's Position Classification Plan,
Revising the Class Specifications for the Positions of Office Assistant 1/11 and Police Aide.
Recommendation: That the City Council, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park DistriCt, adopt the updated class
specifications for the regular full-time position of Office Assistant 1/11 and the temporary
part-time position of Police Aide, amending the clty's Classification Plan.
Item No. 14. Adoption of a Resolution Appointing a City of Cypress Representative
to Receive the Distribution of Net Litigation Proceeds from the Orange County
Bankruptcy and Authorizing the City Mana,qer to Execute the Settlement Agreement and
Limited Release,.
Recommendation: That the City Council, and acting as the ex officio governing
Board of Directors of the Cypress Recreation and Park DiStriCt, adopt the Resolution by
title only, title as follows, appointing a City of Cypress representative who Is to receive
the distribution of net litigation proceeds from the Orange County Bankruptcy and
authorizing the City Manager to execute the Settlement Agreement and Limited Release.
Resolution NO. 5197
A Resolution of the CIty Council of the City of Cypress
and ACting as the Ex OFFICio Governing BOard of Directors of the
Cypress Recreation and Park DistriCt, a Subsidiary District of the City of Cypress,
Appointing a City of Cypress Representative to Receive the Net Litigation Proceeds
from Orange County Bankruptcy and Authorizing
the City Manager to Execute the Settlement Agreement and
Limited Release
Item No. 15. Adoption of Resolution Establishing Compensation and Amendment
to the Clty's Position Classification Plan, Establishing the Classifications of: Maintenance
Specialist - Traffic Safety; Maintenance Specialist - Building; Maintenance Specialist - Parks
and Landscape; and Maintenance Specialist - Storm and Sanitary Sewers.
Recommendation: That the City Council adopt: 1) the four (4) class specifications
for the regular full-time positions of Maintenance Specialist - Traffic Safety; Maintenance
Specialist - Building; Maintenance Specialist - Parks and Landscape; and Maintenance
Specialist - Storm and Sanitary Sewers; and 2) the Resolution, bV title only, title as Follows,
establishing compensation for each.
Resolution No. 5198
A ReSOlUtiOn Of the City Councll of the City of Cypress
Amending Resolution No. 3574 by Establishing Compensation for the
Classifications of Maintenance Specialist - Traffic Safety; Maintenance Specialist -
Building; Maintenance Specialist - Parks and Landscape; and Maintenance
Specialist - Storm and Sanitary Sewers, in the City's
Position Classification Plan for Employees in the Service of the City of Cypress
5
CITY COUNCIL MINUTES FEBRUARY 14, 2000
Item NO. 19. Adoption of Amendment No. 2 to the Orange County Transportation
Authority Master Funding Agreement.
Recommendation: That the City Council approve Amendment NO. 2 tO
Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority
and authorize the Mayor to execute said Agreement.
Recreation and Park DiStriCt Matters:
Item NO. 20. Approval of Contract Change Order NO. I for Arnold/Cypress Park
Restroom Remodel, Public Works Project NO. 9846.
Recommendation: That the City Councll, acting as the ex officio governing BOard
Of Directors of the Cypress Recreation and Park DIstriCt: 1) Approve Contract Change
Order NO. I for Arnold/Cypress Park, Public Works Project No. 9846, to Transition
Developing Contractors, 32661 Seven Seas Drive, Dana Point, California 92629, In the
amount of $9,000; 2) Approve transfer of funds In the amount of $9,000 from the
unreserved fund balance of the City Open Space Fund (Fund 13) to the Cypress Recreation
and Park DIstrict General Fund (Fund 12); and 3) Appropriate $9,000 from the Cypress
Recreation and Park District General FUnd Balance to ACCOUnt NO. 4186-12-531-29.
Item NO. 21. Approval Of the Extension of a Three-year Pyrotechnlc Agreement
for the 2000 Multi-AgenCy July 4th Fireworks Celebration. July 4, 2000 - July 4, 2002.
Recommendation: That the city council, acting as the ex officio governing Board
of Directors of the Cypress Recreation and Park District, extend and approve a three-year
agreement with Fireworks America, Program A, for pyrotechnlcs.
Item NO. 2. Approval of City Council MInutes of the Adjourned Regular Meeting
of January 21, 2000. the Special Meeting of January 22, 2000. the Regular Meeting of
January 24, 2000, the Adjourned Regular Meetings of January 29, 2000, and January 31,
2000.
Mayor Piercy had requested that this Item be pulled from the Agenda in order to
correct an entry on Page 12 of the minutes of January 24, 2000. She asked that the vote
of the Council on Conditional Use Permit NO. 99-11 be corrected to reflect her abstention
rather than her absence. The City Attorney verified that this correction was appropriate.
Mayor Pro Tern McGill referred to his visit to the home of Chuck Lozano, recorded
on Page 12 of the minutes of January 24, 2000. He offered an explanation of this action,
noting that he did not do so in the nature of a mea culpa. HiS visit was actually made to
the property tO the rear of Mr. Lozano's house, and was done to obtain a visual
perspective In regard to a proposed car wash project. The Mayor Pro Tern observed that
any council member would perform such a visit in pursuit of due diligence.
Mr. MCGill also noted that at the time he made the visit, he was under the
impression that the public hearing had not yet been closed, but had been continued, and
that's why he invited Mr. LozanO to come to the meeting and speak.
Councilmember Sondhl asked that the adverb "rhetorically" be added to the
following sentence in Paragraph 2 of Page 20 of the minutes, to read, "Councilmember
Sondhi rl~etoric~llly asked why Veterans Park continued to be raised as a potential
location for the skate facility, and thought It was perhaps because it was perceived as a
community park."
Following these revisions, a motion was made by Councilmember Keenan and
seconded by Councilmember Sondhl to approve the Minutes of the Regular Meeting of
January 24, 2000, as amended, and the minutes of the Adjourned Regular City council
Meeting of January 21, 2000, the Special Meeting of January 22, 2000, and the Adjourned
Regular Meetings of JanuarY 29, 2000 and JanuarY 31, 2000, as submitted. The motion was
carried bY the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, McCoy, Sondhl, McGilI, Piercy
None
None
Item No. 4. Continuation of Acceptance of Contract for the Construction of the
Lincoln Avenue Streetscape, Public Works Prolect NO. 9805.
This Item was pulled from the Consent Calendar by Mayor Pro Tern MCGilI, who
visited the location at the southwest corner of Lincoln and Dennl, and noticed the moss
growing in the shady part of the brickwork. In response to his request, Mr. Slnn gave a
6
CITY COUNCIL MINUTES FEBRUARY 14, 2000
status report on the location In questlon. Extensive research regarding the problem area
was conducted, including taking the water truck out to the site and dumping several
hundred gallons of water onto the area, which actually drained fairly well; leaving less
puddles than expected. He further explained the construction underneath the brickwork
and the drainage process. Mr. Slnn added that the moss may be a result of overspraying
from the adjacent private property, In addition to the location of the sun in the area
during the winter months, as the problem Is not evident elsewhere. Maintenance activity
will be Increased in this area, as well as using a water blast cleaner. Staff is of the opinion
that the area was constructed in accordance with the specifications indicated, that any
necessary repair work is the responsibility of the City, and that the retention funds
should be released to the contractor.
After his presentation, the City Council continued to express concern about
releasing the entire amount of the funds to the contractor prior to the remediatlon of
the walkway at Lincoln and Dennl. The City Attorney said that It must be determined
whether or not the problem is a design or construction defect, and if it will be necessary
to repair or replace the subject area. Once that has been accomplished, it may be
necessary to retain funds either from the contractor's bond or from the final retention
payment, and perhaps withhold payment from the amount due the architect/design firm
as well. He suggested that funds totaling $40,000.00 could be retained by the City against
this eventuallty.
Following this discussion, a motion was made by Councilmember Keenan and
seconded by Mayor Pro Tern MCGlll that the City Council: 1) ACCept the improvements for
the Lincoln Avenue Streetscape, Public Works Project No. 9805, as being satisfactorily
completed In conformance with the project specifications in the final amount of
$5,119,000.68; with the exception of the brick work at the southwest corner of Lincoln
Avenue and Dennl Street; 2) Approve the final retention payment of $511,900.07, less
$20,000.00, to be retained for correction of the moss and efflorescence problem
occurring to the subject bricks at the southwest corner of Lincoln and Denni, if It is
determined to be a defect In construction, to Hillcrest Contracting, P.O. Box 1898, Corona,
CA 91718, 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 3) Authorize the City
Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon
expiration OF the required lien period, If no claims or objections have been filed, upon
the concurrence of the Director of Public Works.
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGill, Piercy
None
None
Item NO. 9. Approval of Design Review Committee Permit NO. 99-45, Request to
Construct a Monument Sign. Located at 4572 Lincoln Avenue
Councilmember Sondhi pulled this item because she had reservations about
approvlng more signage for Lincoln Avenue prior to having a sign ordinance In place. She
questioned the possibility of imposing a moratorium on the approval of further signage
for Lincoln Avenue until such an ordinance was enacted. The Community Development
DireCtor and City Attorney advised that the imposition of such a moratorium is
predicated upon a threat to the public good or safety. FOlloWing discussion, Council
directed staff to explore the feasibility of establishing such a moratorium, and report its
findings to Council when completed.
A motion was then made by Councilmember Keenan and seconded by
councilmember McCoy that the City Council adopt the Resolution by title only, title as
follows, approvlng Design Review Committee Permit NO. 99-45, with conditions.
Resolution NO. 5199
A Resolution of the CIty Councll of the City of Cypress
Approvlng Design Review Committee Permit No. 99-45,
with Conditions
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, sondhi, McGilI, Piercy
None
None
CITY COUNCIL MINUTES I:EBRUARY 14, 2000
Item NO. 10. Approval of Design Review Committee Permit No. 2000-01, Request
to Place a Sculpture and Base at the CIvic Center In an Area Immediately West of the Main
Entrance to the Orange coun~-y Public Library.
councilmember MCGIII pulled this item because he questioned his ability to make
informed decisions regarding "art" matters, and because he wanted ~:o ensure that
sufficient review of the proposed location had been conducted.
Mayor Plercy responded that there are no "right" answers where perception of art
matters are concerned, and that one person's opinion Was as valid as the next one's. She
enumerated the extensive and exhaustive reviews of different locations conducted by
various individuals and groups In order to determine appropriate placement of the
sculpture, and opined that these had been complete and sufficient.
A motion was then made by Councilmember Sondhi, seconded by Councilmember
McCoy, and carried by the following roll call vote that the City council adopt the
Resolution by title only, title as follows, approvlng Design Review Committee Permit No.
2000-01, with a condition.
Resolution No. 5200
A Resolution of the City Council of the City of Cypress
ADDroving Design Review Comml~ee Permit No. 2000-01,
with a Condition
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCoy, Sondhi, McGIII, Plercy
None
None
Item No. 11. Approval of Design Review Comml~ee Permit NO. 2000-03, Request
to Maintain Neon Accent Li.qhtlng for Tomboy's Restaurant, Located at 4901 Lincoln
Avenue.
Councilmember Sondhi pulled this item from the agenda because she felt it would
be preferable to attempt to Work with the applicant to correct the illegal neon lighting
rather than just denying his application. Discussion followed in which it was the
consensus of the Council that the request to maintain the neon accent lighting should be
denied, as it had been installed without benefit of appropriate permits issued by the City,
and that the business owner and contractor had failed to check with the City regarding
any regulation of signage prior to its installation.
Mayor Piercy pointed out that a precedent had been set when a previous applicant
who owned a stereo store on Lincoln Avenue accented his building with neon signage
without benefit of permit, and the Council had held that the lighting be removed.
A motion was made by Councilmember Keenan and seconded by Mayor Pro Tern
McGIII that the CI~y Council adopt the Resolution by title only, title as follows, denying
Design Review Committee Permit No. 2000-03.
Resolution NO. 5201
A Resolution of the CIty Council of the city of Cypress
Denying Design Review Permit NO. 2000-03
The motion was carried by the followlng roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, MCCOy, McGill, Piercy
NOES: I COUNCILMEMBER: Sondhl
ABSENT: 0 COUNCILMEMBERS: None
Item NO. 12. Approval of Amendment to the Ci~-y's Position Classification Plan,
Revising the class Specification for the Position of CiL~ Clerk.
Mayor Plercy pulled this item from the agenda to thank Lillian Haina, City Clerk, for
her 30 years of excellent Service to the City of Cypress. The Mayor also wished to
announce that the CIL-y Clerk vacancy was available, and she urged all qualified candidates
to apply for the position.
8
CITY COUNCIL MINUTES FEBRUARY 14, 2000
Councilmember Sondhl asked that the Councilmembers be provided with a
redlined copy of future classification plans revisions, so that they will be able to
determine what changes have been effected.
A motion was made by Councilmember Keenan, seconded by Mayor Pro Tern
MCGilI, and carried by the following roll call vote that the City Council adopt the class
specification for the regular full-time position of City Clerk, amending the clb/'s
Classification Plan.
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, SOndhl, MCGIII, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item NO. 16. Acceptance of Monetary Donation and Appropriation of Funds
Mayor Piercy pulled this item because she wished to call attention to What she
thought was an excellent use of the donated funds from the Cypress Car Wash. A motion
was made by Mayor Plercy, seconded by Mayor Pro Tern MCGIII, and carried by the
following roll call vote that the City Council: I) Accept the donation of $1,000 from the
Cypress Car Wash and that those funds be placed In ACCOUnt NO. 3713-11 (Donations); and
2) Approve additional appropriation in the amount of $1,000 In Account No. 4116-161-05,
for the purchase of computer monitors for the Police Department:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOy, SOndhi, McGilI, Piercy
None
None
Item No. 17. Acceptance of the Audltor's Management Letters,
This item was pulled by Mayor Pro Tern MCGIII, because he had several questions
about the recommendations of the CPA firm which performed the audits. One
concerned the confldentlallty of personnel files and their inaccessibility to the auditors.
Secondly, he questioned the reason the audit management letter was completed In
December, and submitted to the Council In February. Mr. Storey replied that the field
work conducted by the firm was completed in December, and that audit management
letters are customarlly dated when any field work has been done. The City did not
actually receive the letter until after that date.
The MaVor Pro Tern then questioned the item regarding discrepancles in public
works fees. Mr. Storey responded that there will be a report provided after an audit is
completed at some time during 2000.
After discussion, a motion was made by Mayor Pro Tern McGilI, Seconded by
Councilmember Keenan, and carried by the following roll call vote that the City Council
receive and file the AuditOr'S Management Letters. The Mayor Pro Tem wanted the
acceptance of the letters to be contingent upon the expeditious processing of any
recommendations made by the auditor regarding the review policies and procedures for
the processing of development fees.
Item No. 18. ADoroyal of Submittal of Applications to Oran.qe County
Transportation Authority, Requesting Matchln.q Funds from the combined Transportation
Fundlnq Proqram for Pavement Rehabilitation Prolects, Public Works Prolect No. 2000-0?.
This item was pulled from the Consent Calendar at the request of Councilmember
Sondhi. She asked If this request was similar to the request processed the previous year
for Cerrltos Avenue, and inquired about the probability of receiving the requested
funding. Mr. Slnn responded that while there are no guarantees of receipt of funds,
similar requests have had success In the City.
A motion was made by Councilmember Sondhi and seconded by Councilmember
Keenan that the City Council adopt the Resolution by title only, title as follows, approving
the submittal of applications requesting matching funds for the Dennl Street, Valley View
Street, Katella Avenue, and Walker Street pavement rehabilitation projects to the Orange
County Transportation Authority.
Resolution NO. 5202
A Resolution of the City Council of the City of cypress
Approving the Submittal of Dennl Street, Valley View Street, Katella Avenue and Walker
Street Improvement Projects to the Orange County Transportation AuthOrity
for Street Rehabilitation Funding Under the Combined Transportation
Funding Program, Public Works Project NO. 2000-02
9
CITY COUNCIL MINUTES FEBRUARY 14, 2000
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, Mccoy, sondhi, McGiiI, PiercV
None
None
ORDINANCES (Second Readlnq):
22. An Ordinance of the City Council of the City of Cypress, Amending Sections
1-7 and 1-12 of Chapter 1 of the Cypress Municipal Code Relating to AdministratlvP
Citation Procedures
Community Development DIrector AliCe Angus reminded the Council that this was
the Second reading of the Ordinance of the City council relative to the adoption of an
Administrative Citation Program for the City of Cypress.
A motion was made by Councilmember Keenan and seconded by Mayor PiercV to
adopt the Ordinance by title only, title as follows, Amending Sections 1-7 and 1-12 of
Chapter I of the Cypress Municipal Code Relating to Administrative Citation Procedures
Ordinance No. 998
An Ordinance of the City Council of the City of Cypress
Amending Sections 1-7 and 1-12 of Chapter 1 of the
Cypress Municipal Code Relating to
Administrative Citation Procedures
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOV, SOndhI, MCGilI, PierCV
None
None
PUBLIC HEARINGS: 7:30 P,M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES
PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL)
23. Public Hearln.q Re.qardln_q an Application for a Special Permit to Conduct ~
Secondhand Business for the Sale of Antiques and Heirlooms - Z Best Antique Mall,
Located at 4480 Lincoln Avenue, Suite NOs. 1-5.
AliCe Angus, Community Development Director, presented staff's report for this
Item, which represented a request from MS. Esperanza Komor for a special permit to
allow the operation of a secondhand business, "Z BeSt Antique Mall", at 4480 Lincoln
Avenue, Suite NOS. 1-5. Sales will consist of antiques and heirlooms purchased from
wholesalers and kept on consignment.
MrS. AngUS said the site will be located in the MiSSiOn Shopping Center within the
PC Planned Community Zone, and that a review of the surrounding uses does not reveal
an over-concentration of second-hand dealers In the area. Further, a background
investigation conducted by the Police Department revealed no reason why MS. Komor
should be denied the Special Permit for the business. The use Is consistent with the
applicable zoning, and will require no preparation of environmental documentation, as it
is not considered a project under the guidelines of the California Environmental Quality
Act (CEO A).
Based upon the foregoing information, MrS. AngUS said that staff's
recommendation was that the City Council grant the special permit, based upon the
following conditions of approval:
1. The outdoor dlsplay or storage of merchandise shall be prohibited, unless a
temporary use permit is granted In accordance with the Cypress Zoning Ordinance, All
storage of merchandise shall occur Inside the building.
2. Prior to the sale of any tangible personal property at this location, the
applicant/business owner shall secure a State Secondhand Dealer License. Tangible
personal property consists of used merchandise containing serial numbers, inscriptions,
personalized initials, or other items bearing a serlallzed number, personalized initial, or
inscription.
10
CITY COUNCIL MINUTES FEBRUARY 14, 2000
3. Any change in the day-to-day managerial control over the business shall
require submittal of that/those person's names, addresses, drlver's license numbers, soclal
security numbers, physical descriptions, etc., to the Cypress Police Department.
At the conclusion of the staff presentation, Mayor Piercy opened the public
hearing. Mr. Henry Chuba, Controller and Manager of Z Best Antiques, spoke to the
council on behalf of the applicant. Mr. chuba Spoke of the fine quality of the antiques
they plan to offer at the location, mentioned the large percentage of peoples' disposable
income geared toward the purchase of antiques, and claimed that the selection available
at Z Best would surpass the offerings of Orange Circle.
NO further comments were offered, and the Mayor closed the public hearing.
The consensus of the Council was that the proposed use would be an asset to the
City of Cypress, and that they happily antlclpated its opening. A motion was made by
Councilmember Keenan and seconded by Councilmember McCoy, that the City Council
approve the Special Permit to allow secondhand sales at Z BeSt Antique Mall located at
4480 LinColn Avenue, Suite NOS. 1-5, subject to the Conditions of Approval. The motion
was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOy, SOndhi, McGilI, Piercy
None
None
24. Public Hearing Reqardlnq Tentative Tract Map NO. 15997 and Design Review
Committee Permit No. 99-49, Request for the Development of Five (5) Single-Family
Residences, Located at 8151 Gay Street.
The Community Development DIrector, AliCe AngUS, presented the staff report for
this item. MrS. AngUS related that the project represents a request submitted by Mr.
Mahendra Desal to subdivide three (3) existing lots into seven (7) lots, and to construct
five (5) single-family residences at 8151 Gay Street, In the RS-6,000 Residential Single-Family
Zone.
Each proposed dwelling unit will contain 2,439 square feet of living area, an
attached two-car garage and open parking space. The applicant has proposed to
construct a six-foot (6') high wall along the southern and portions of the western
property line, and a seven-foot (7') hlgh wall along the northern property line adjacent to
the railroad tracks.
MrS. Angus said that the project complies with the development standards of the
RS-6,000 Residential Single-Family Zone, including building setbacks, parking, building
height, etc. In addition, the proposed tract map complies with the California Subdivision
Map ACt and the City of Cypress Subdivision Ordinance.
A Mitigated Negative Declaration will be filed for the proposed project, in
accordance with the requirements of the California Environmental QUailS/ACt (CEQA).
At the conclusion of her report, MrS. Angus advised that staff's recommendation
was that the city council (1) AdOpt the Mitigated Negative Declaration, De Mlnlmus
Findings, and Mitigation Monitoring Program In accordance with the requirements of the
California Environmental Quality ACt (CEOA); (2) Adopt the Resolution approvlng Tentative
Tract Map NO. 15997, subject to the Conditions of ApprOval; and (3) AdOpt the Resolution
by title only, title as follows, approvlng Design Review Committee Permit No. 99-49,
subject to the Conditions of Approval.
Following staff's presentation, the Mayor opened the public hearing and asked the
applicant to come forward.
FirSt tO speak on behalf of the applicant was Rhonda McCune. Ms. McCune spoke in
support of the project, and made several comments to the effect that while the project
may result in change to the existing neighborhood, It Will only be an improvement to the
lot as it exists, and will be of benefit to the surrounding property owners.
Next tO speak on the applicant's behalf was a realtor, Jeanne St. Clair, who had sold
some of the properties to the surrounding property owners. MS. St. Clalr remarked that
it was an excellent and Well-planned project, Which could only serve to enhance property
values for the adjoining homeowners.
Mahendra Desal, the applicant, next addressed the councll on behalf of the
project. Mr. Desai advised the Council that he had worked with staff for a long time to
perfect the project, and that he Was making every effort to accommodate the needs of
11
CITY COUNCIL MINUTES FEBRUARY 14, 2000
the neighbors. He noted that the project Is In compliance with all zonlng regulations,
and that they are not requesting any variances. Further, Mr. Desal assured the council
that he had a successful history of working with neighbors in other areas of Cypress he
developed, and that he is always happy to meet with affected property owners.
AlSO speaking on behalf of the project were residents of Gay Street In Cypress, Gail
Simonz and Bob FoffOnOf.
Speaking against the project were several IndIviduals, all residents of Acacia Clrcle
in Cypress. Each of these individuals was concerned about traffic, parking, safety Issues,
the loss of the neighborhood as It was when they purchased their properties, retention
of a block wall, and a general perceived detrimental effect on their quality of life
occurring as a result of the development. These Individuals were: Ed Kurzawa, Alan
InbodV, Gilbert Ishlzu and Doug Frankos.
Mr. Kurzawa was additionally concerned about a nearby railroad track, and the
potential negative Impact on the development resulting from trains traversing that track.
Councilmember Keenan told him that the tracks were scheduled for removal.
AS no further comments were offered, Mayor Plercy closed the public hearing.
Discussion among the Councilmembers followed concerning the particulars of the
project, including the property configuration, areas of ingress and egress, the public-
right-of way on which the block wall Is located, present and future access to Acacia Circle,
a previously recorded LOt Line Adjustment for the parcel, details regarding parking, and
maintenance of the common area of the project, which will be governed by the CC&Rs
for the project.
It was the consensus of the Council that while change is not always immediately
acceptable to people, the project Is well-planned and will not negatively impact Acacia Circle.
Further, they deemed the project as attractive, and were of the opinion that it Will prove to be
a definite improvement over the current condition of the undeveloped parcel under
consideration.
A motion was made by Councilmember Keenan and seconded by Councilmember
MCGIII that the City Council adopt the Mitigated Negative Declaration, and adopt the
Resolutions approvlng Ten~atlve Tract Map No. 15997 and Design Review Committee
Permit NO. 99-49, subject to the Conditions of Approval:
Resolution No. 5203
A Resolution of the CIty Council of the City of Cypress
Approvlng Tentative Tract Map NO. 15997, with Conditions
Resolutlon No. 5204
A ResOlUtiOn Of the CIty Council of the city of Cypress
Approvlng Design Review Committee Permit No. 99-49, with Conditions
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoV, Sondhl, MCGIII, PierCV
None
None
DEFERRED BUSINESS:
25. Contlnuatlon of Selection of New Member to the Nonconforming Use
Hearing Board.
Alice Angus, Community Development Director, presented staff's report for this
item. Mrs. Angus reminded the Cll'y Council that at i~s meeting of December 13, 1999, it
was reported that Mr. Calvin Bailey had submit:ted a letter resigning from his position on
the Nonconforming Use Hearing Board. Though staff had received two applications
received during a prior vacancy, it was the desire of the Council to advertise further for
candidates, In order to provide other Cypress residents with an opportunity to serve.
In accordance with these directions, s~aff advertised through several sources, and
received an additional two applications for the vacancy. A total of four (4) applications
are now on file from Individuals who have expressed interest in serving on the
Nonconforming Use Hearing Board.
12
CITY COUNCIL MINUTES FEBRUARY 14, 2000
Staff was therefore requesting (1) direction from Council regarding a time and
date to conduct the Interviews, and (2) authorization to schedule the interviews.
FOllOWIng presentation of the staff report a'nd discussion among themselves, the
Cit~/Council directed staff to schedule the interviews for Wednesday, March 8, 2000, at
6:15 p.m. at the Cypress Senior Center, and directed staff to contact the applicants.
NEW BUSINESS:
26. Adoption of Resolution In Support of the Safe NeighbOrhOOd Parks, Clean
Air, Clean Water, and Coastal Protection BOnd ACt Of 2000 (Proposition 12).
June Liu, Assistant to the Clt-y Manager, presented the staff report for this item.
MS. LiU reported that Proposition 12, the Safe Neighborhood Parks, Clean Air, Clean
Water and Coastal Protection Bond Act of 2000, had been developed as a direct result of
the passage of AB 18 (Villaraigosa) In September of 1999. The bond is intended to provide
urban communities with safe neighborhood parks, conserve Callfornla's open space
resources, and protect the coast, rivers, mountains and park lands.
Of special interest to the CIty of Cypress and its Recreation and Park District wOUld
be the per capita and competitive grant opportunities available If the bond passes.
Should it be approved, $388 million would be made available for the acquisition,
development, improvement, rehabilitation, restoration, and enhancement of local park
and recreational lands and facilities. An additional $200 million In Roberti-z'Berg-Harrls
(RZH) per capita block grants are also available to urbanlzed jurisdictions, including
Cypress.
If passed, Proposition 12 bonds In the amount of $597,600 would be available to
the City. In addition, S7,000,000 In matching grant funds for the
improvement/replacement of playground equipment would be made available. Finally,
Proposition 12 provides $15,000,000 in funds for the acquisit)on or restoration of public
lands within the San Gabriel River Watershed, and to provide open space, nonmotorlzed
trails, bike paths and other low-impact recreational uses, as well as wildlife habitat
restoration and protection. Cypress Is one of the 11 Orange County jurisdictions located
within the San Gabriel River Watershed.
Ms. Llu sald there is no Increased fiscal Impact to the City of Cypress associated
with the approval of the Resolution supporting Proposition 12. If the Proposition passes
In the March election, the City and Parks District would be eligible to receive up to
$597,600 in grant money based on per capita allocations Within the Proposition. Support
of the Proposition is recommended by the League of California CIties, and was
unanimously recommended to the City Council bV the Recreation and Community
Services Commission at its meeting of January 18, 2000.
DiscuSsion among the Councilmembers followed Ms. Liu's presentation. The
Council was of the general opinion that until the State of California returned some of the
funds re-directed from the cities, It Would be a mat:t:er of principle not: t:o support this
"back door" method of funding. Therefore, they decided the most appropriate action
would be t:o merely receive and file the information contained in the staff report, and
not take any formal action.
A motion was made by Councilmember Keenan and seconded by Mayor Pro Tern
McGill that: the City Council receive and file the staff report regarding the Safe
Neighborhood Parks, Clean Air, Clean Water and Coastal Protection Bond ACt Of 2000
(Proposition 12 on March 2000 State BallOt), and take no act:ion thereon. The motion was
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, MCCoy, Sondhi, McGllI, Plercy
None
None
27. AdOptiOn Of Resolution In Support of the Safe Drinking Water, Clean Water,
Watershed Protection. and Flood Bond Protect:ion ACt (Proposition 13/AB 1584).
The staff report for this item was presented by Ms. June LlU, Assistant to the City
Manager. Ms. Liu advised that Proposition 13 (AB 1584 - Machado) has been placed on the
State ballot of March 2000. The Item proposes a 1.97 billion dollar water bond, and would
enact the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection
ACt. This legislation would authorize funds for the purposes of financing safe drinking
water, flood protection, water quality and Water reliability programs. In addition, it
would provide for the use of prescribed bond funds and funds repaid to the State
13
CITY COUNCIL MINUTES FEBRUARY 14, 2000
pursuant to certain loan contracts for specified programs defined bY the Act. Support of
the Proposition is being urged by the League of California Cities and by many of the
southern California water districts, Including districts In Orange County.
Ms. Liu advised that the following Orange County projects would be benefited by
the passage of Proposition 13: groundwater replenishment, Santa Ana River Corridor
open space, Santa Ana water resources and habitat enhancement, Santa Ana River
Wetlands Development, Newport Bay Wetlands, and flood subvention efforts. The
passage of Proposition 13 would also provide monies for the funding Of watershed
storage programs, such as the Santa Ana Watershed Project Authority (SAWPA), endorsed
by the CIty Council In July of 1999.
NO increased fiscal Impact to the City would result in the passage of the Resolution
supporting Proposition 13, as recommended by the League of California Cities and the
Southern California Water Committee. Staff's recommendation was that the CIty Council
adopt the Resolution, supporting AB 1584/Proposition 13.
Following the staff presentation, Mayor Piercy noted that while this was probably
not the ideal solution, she supported the staff's recommendation regarding Proposition
13. She remarked on the loss of revenues experienced by the schools as a result of State
appropriation of funds formerly under the purview of cities, and mentioned the dire
need for additional water sources that would be provided by support of this Proposition.
However, It was the consensus of the Council that until the State could return
some of the funds due the cities of California, It was a matter of principle not to support
this Proposition, either. A motion was made by Councilmember Sondhl and seconded by
Councilmember McCoy that the City Council receive and file staff's report regarding
Proposition 13, and to take no action thereon. The motion was carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, MCCOy, Sondhl, McGill
NOES: I COUNCILMEMBERS: Piercy
ABSENT: 0 COUNCILMEMBERS: None
28. Approval of Commercial Warrant LiStS for Warrant NOS. 41527-41952.
A motion was made by Councilmember Sondhi, seconded by Councilmember
MCCOy, and carried by the following roll call vote (with Councilmember Keenan abstaining
on Warrant Nos. 41913, 41767, 41552, 41553 and 41554), to approve the City of Cypress
Commercial Warrant List for Warrant Nos. 41527-41952 totaling $2,125,537.42:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Keenan, MCCoy, Sondhi, McGilI, Piercy
None
None
RECREATION & PARK DISTRICT MATTERS:
Governing Board of DIrectors.
The Cypress City Council, ACting as the EX OffiCiO
There were no matters to consider.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Cypress Redevelopment Agency.
The Cypress City Council, ACting as the
There were no matters to consider.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
Mayor Plercy requested the Committee Assignment Reports from the various
Councilmembers, who reported as follows:
Councilmember Keenan - attended OCTA Committee and Board meetings. FOcuS
has been uDdatlng of straightlining program for OCTA routes in Orange county. Public
hearing on this Project is scheduled on February 28, 2000, at OCTA Board Meeting.
Artended StAG Transportation/Communications Meeting. DiSCUSSed legislation
proposed for funding of transportation In response to Governor DaViS' recent comments
re: municipalities not spending transportation allocations quickly enough.
Councilmember Sondhi ~ Requested that OCRA's resolution on non-support of
Proposition "F" be considered at next Council meeting.
14
CITY COUNCIL MINUTES FEBRUARY 14, 2000
A report recently generated by the Orange County Business Council regarding
impact of airports on residential property values was presented to OCRA. Contains
excellent information; will leave a copy with staff for public access. Focuses on noise
impact of alrpor~ on surrounding residential neighborhoods, and was based on national
and international studies; also mentions positive economic impacts.
League of California Cities has appointed Councilmember Sondhi to State Level
Policy Comml~ee for HOUSIng and Community Development.
Councilmember McCoy - Artended Orange County Fire Authority Board Meeting.
City of Laguna Woods Was officially accepted into the AuthOrity.
Mayor Pro Tern MCGill - A~cended the Santa Ana River Flood Protection Agency
meeting. Prado Dam proposed improvements were discussed. Cost estimated to be $400
million dollars, of which 50% is the responsibility of Orange County.
Did not attend Orange County public library meeting because it was scheduled at
the same time.
Commented that he would lil~e to see information regarding Measure F included in
the item referred to by Councilmember Sondhl. Expressed his opinion that the Measure
represents bad government policy.
Mayor Piercy - Artended Orange County Sanitation DiStriCt Board Meeting. New
members introduced, former member departed. Discussed Closed Session Items. Present
General Manager leaving; need to select replacement. Dry season runoff discussed.
Personnel raises will be entirely merit-based In the future.
Artended league of California Cities meeting with three other City Council
members.
ORAL COMMUNICATIONS: For Matters Alot on the Agenda.
None.
WRITTEN COMMUNICATIONS:
For Matters Not on the Agenda.
None.
ADJOURNMENT:
AS there was no further business to consider, Mayor Plercy adjourned the meeting
at 11:05 p.m. to a Joint Meeting With the City of Cypress Recreation and Community
Services Commission scheduled on February 15, 2000, at 7:00 p.m. in the Cypress Senior
Center.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
15