Minutes 2000-02-28CITY COUNCIL MEETING - FEBRUARY 28, 2000
INDEX
PAGE
CONDITIONAL USE PERMITS
AdOpt ReSO. Appvng. Amdmnt. To C.U.P. NO. 88-31-Req. to Ext. Hrs. of Op. @
9111 Valley View Street
Adopt Reso. Appvng. C.U.P, 98-13-Const. Condos @ 6242 Lincoln Ave.
DESIGN REVIEW COMMITFEE
Adopt. Reso. ApDvng. Inst. Of Outdr. Elect. Eqpmt. @ 6803 International Ave.
DRC NO. 99-43
Adopt Reso. Appvng. Const. of New Rest. Bldg. @ LOS Alamitos Race Course
@ 4961 Katella Ave, - DRC No. 2000-04
FINANCE
Receive/FiFe Monthly Inv. Prog. - January 2000
Appv. Cornre. Warrant List - Nos. 41953-42161
LEGISLATION
Adopt Reso. Opposing Measure F
ORGANIZATIONS-MISC.
Sched. Workshop Re: Formation of Arts Funding Non-Prof. Fndtn. AS Rec. by Cultural Arts Comm.
POLICE DEPARTMENT
Adopt Reso. Re: Firearms Storage Fee
Accept State EmrgncV. Mgmt. Grant/Approp. Funds/Purch Eqpmt.
PROCLAMATIONS
"Record-A-Thon Week": April 9-15, 2000
RECREATION & PARKS
AppV. Fee reduction for 1st-Time Regist. Discount-Roller Hockey Prog.
SENIOR CENTER
Rej. Bids for Inst. Of Hdwd. FIr-MU ROOm-P.W. 9912
STREET IMPROVEMENTS
Accept Cont./Release Retention for Const. of Lincoln Ave. Streetscape
P.W. Proj. 2000-02
TRACT MAPS
Adopt. Reso. Appvng. TTM 15727-Combine 3-parcels @ 6242 Lincoln Ave.
ZONING ORDINANCE
ApDV. 1't Reading of Ord. Amdmt. Prohib. Aerial/Inflatable Signage/Displays
6-7
8-9
4
10
9-10
10-11
4-5
5
3-4
5-6
8-9
7-8
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
FEBRUARY 28, 2000
A regular meeting of the City of Cypress City Council was called to order at 5:34
p.m. by Mayor Piercy in the Board ROOm, WeSt Wing of City Hall, 5275 Orange Street,
Cypress, California.
PRESENT: Councilmembers Keenan, Sondhi, Mayor Pro Tern McGIII and Mayor Piercy.
ABSENT: Councilmember McCOy
AlSO present were Interim City Manager Storey, City Attorney Wynder, and
staffmembers Liu and DeCarlo.
JOINT MEETING: Mayor Piercy indicated that, at this time, the Cypress City Council Was
conducting a joint meeting with the Cypress Cable TV & Technology Commission and
asked for the roll call of the Commissioners.
PRESENT: Commissioners Baker, Martin, WillJams, Vice Chairperson Black and
Chairperson Harper
ABSENT: None.
COUNCILMEMBER MCCOY ARRIVED AT 5:45 P.M.
ITEMS OF DISCUSSION:
cypress.
Recommendation of Future Technological Capabilities to Use within
Discussion was held in which the Cable TV & TeChnOlOgy Commission
recommended to the City Council expansion of the City's web site. Suggested
improvements to the expanded site included surveys to be downloaded regarding
customer satisfaction with the Cable TV and other City services, and pages for each City
Commission, listing all Commissioners.
B. Review of Due Diligence Process and Findings for Cable Franchise Renewal.
While discussing this item, the need for negotiation of a more definitive and
stringent franchise agreement was mentioned by the Cable TV & TeChnOlOgy Commission,
and noted by the City Council.
CLOSED SESSION:
Following the Joint Meeting of the City Coundl and the Cable TV & TeChnOlOgy
Commission, the Council recessed at 6:20 p.m., in order to convene in Closed Session to
discuss the following items:
Conference with Legal Counsel - Existing Litigation (caI. Govt. Code§ 54956.9[a])
Name of Case: Dees v. Ci~/ of Cypress, eta/., OCSC Case No. 810491.
Public Employee Appointment (caLGovt. Code ,~ 54957) Title: City Manager.
7:00 P.M. SESSION:
PRESENT:
Piercy.
Councilmembers Keenan, McCOV, Sondhi, Mayor Pro Tern MCGilI, Mayor
Also present were Interim City Manager Storey, city Attorney Wynder, and
staffmembers Angus, Slnn, Liu, Hensley and DeCado.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Keenan.
INVOCATION: Mayor Pro Tern McGill provided the invocation.
CITY COUNCIL MEETING FEBRUARY 28, 2000
PRESENTATIONS:
The Quarterly Arts Recognition Award Certificates for High School students were
presented to Julie Cecil and Joshua Randel by Mayor Anna Piercy. Paula English, Cultural
Services Commissioner, presented the students to the Mayor and the Council, and
provided a description of their accomplishments.
REPORT OF CLOSED SESSIONNVORKSHOP AGENDA:
At the request of the Mayor, Interim City Manager Storey reported on the
previously held Joint Meeting of the City Council and the City's Cable TV & Technology
Commission. Mr. Storey advised that two (2) items had been discussed; (1)
Recommendation of Future Technological Capabilities to Use within Cypress; and (2)
Review of DUe Diligence Process and Findings for Cable Franchise Renewal.
During the workshop, it was suggested that the City's web page be expanded to
include the commissioners and Survey information. The Second item comprised a review
of the due diligence process and findings for the cable franchise renewal. The
Commission discussed some of the complaints received, and made the suggestion that
service requirements be included in the next franchise agreement. No formal action was
taken by the council.
The City Attorney related that the City Council had convened in Closed Session for
the purpose of discussing the following agendized items: (a) Conference with Legal
Counsel - Existing Litigation (CaI. GOvt. COde§ 54956.9[a]), Name of Case: bees v. City of
Cypress, et al., OCSC Case NO. 810491; and (b) Public Employee Appointment (CaI. Govt. Code
§ 54957) Title: City Manager.
In the matter of bees v. City of Cypress, the City Attorney provided the Council
with a brief status report. The report was informational only, no action on the part of
the Council was required or taken.
In regard to Item (b), regarding the selection of and final acceptance of the
contract for a new City Manager, Mayor Piercy announced that Patrick P. Importuna had
been selected to serve as the new City Manager for the City of Cypress. Mr. Importuna
has extensive experience in both the private and public sectors, and Will be relocating to
southern California from the City of North Las Vegas, Nevada. He will officially commence
his duties with the City of Cypress on May 22, 2000. Mr. Wynder added that the
appointment of Mr. Importuna Was completed by a unanimous action of the Council. The
contract between the City and Mr. Importuna will be a part of the public record and
available for inspection and copying after it has been signed by the Mayor, which is
anticipated to occur within the next 24-48 hours.
The City Attorney then advised that it was necessary to consider the addition of
one more item to the Consent Calendar, Item 10(a), "Further Discussion of Approval of the
Lincoln Avenue Streetscape and Release of the Retention to the Contractor and to the
Architect." Mr. Wynder said that this item was being added now, as the information
scheduled for presentation did not become available until the afternoon of this date.
BaSed on the fact that the City Council wants action to be taken on this item at the
earliest opportunity, it was felt that to delay the item until the next Council meeting
would be inappropriate.
A motion was made by Councilmember Keenan and seconded by Councilmember
Sondhi to add Item 10(a), Further DISCUSSIOn Of ApprOVal Of the Lincoln Avenue
Streetscape and Release of the Retention to the Contractor and to the Architect. to the
Consent Calendar. The motion Was carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Keenan, McCOV, Sondhi, McGill, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS:
SPEAKING ONCE.)
LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER,
Mayor Piercy opened the Oral Communications session, and asked if anyone
present wished to address any topic not included on the meeting agenda.
FirSt tO address the Council was Mary Crowder, Cypress resident. Mrs. Crowder
expressed her appreciation for the Police Memorial and the dedication ceremony.
2
CITY COUNCIL MEETING FEBRUARY 28, 2000
Mrs. Crowder referred to an article regarding skateboarding injuries which
recently appeared In the Orange County Register, and urged the Council to consider the
potential for injuries prior to building skate facilities.
Second to approach the podlure was Paula English. Mrs. English explained that she
was addressing the Council at the request of Marvin DeCarlo. She explained that later in
the evening, the Council will address a question regarding the establishment of a cultural
arts foundation, and that She will be available to answer any of their questions. She said
such a foundation was necessary to raise funds for the City's cultural requirements, and
was unanimously recommended by all parties involved. It will be dedicated strictly to
fundraising efforts, and will not be involved in any programming of events.
NeXt tO address the Council was Carol DOss, Cypress resident. MS. Doss wished to
register her objections to the "deplorable" conditions existing at her home caused by the
Cypress Truck Center, at 4614 Lincoln Avenue, owned bV Mr. Stokes. MS. DOSS Said she
hoped that the matter not be continued further, and expressed the wish that the matter
be resolved in the near future to the satisfaction of all parties concerned.
The CiD/Attorney advised that the delay was requested by the legal counsel for
the permit holder, who actually wanted to postpone it for a significant period of time.
After consulting with staff, the City Attorney formed the opinion that one continuance
only would be appropriate, and that the matter would be scheduled for Council
consideration on March 13, 2000. Councilmember Keenan added that he strongly
Supported continuing the item just once, and said the matter was overdue for
consideration.
Councilmember Keenan expressed his pleasure that the Council had been
successful in selecting a well-qualified City Manager, as did Mayor Pro Tern McGill. The City
Attorney added his endorsement of Mr. Importuna, and Mayor Piercy noted that
everyone was looking forward to working with him.
AWARD OF CONTRACT:
1. Rejection of Bids for Installation of Hardwood Floor at Senior Center, Public
Works Proiect NO. 9912.
The staff report for this item was presented by Jeff Sinn, Public Works Director.
Mr. Sinn advised that the C.I.P. BUdget for fiscal year 1999-00 included S50,000 for the
installation of a new hardwood floor In the multi-use room in the Cypress Senior Center.
Replacement of the floor was necessary, as moisture in the underlying concrete slab had
contributed toward the warping of the existing floor.
Requests for bids had resulted in only two bids being submitted, both of which
were in excess of the amount budgeted for the replacement of the floor. These overages
were the result of two factors: (1) mitigation measures taken to reduce the underlying
moisture problem reduced the budgeted amount of funds to $42,000; and (2) several
recommendations were received that the replacement floor material be upgraded to a
better quality commercial hardwood parquet flooring.
Because of the foregoing, staff's recommendation was that the City Council reject
the current bids, and direct staff to research additional economical higher grade parquet
products and the budgeting of additional funds for fiscal year 2000-01 to include the cost
of the outside repair work required and the higher grade of flooring, for a possible
construction date of Summer 2000.
The City Attorney provided a chronology of events regarding the construction
defects making replacement of the floor necessary. The Council determined that the
issues regarding improper drainage, inadequate Ventilation, marginal flooring quality,
and the original specifications would be presented to and reviewed by the Council in a
workshop session to be scheduled. This would take place prior to the solicitation of any
additional bids for installation of a new Senior Center floor by the City. Mayor Pro Tern
MCGill commented on the high expense associated with construction defect litigation,
and noted the importance of reviewing projects for this type of exposure.
Councilmember Sondhi mentioned her expertise in laying wooden floors,
providing her background and itemizing her experience. She noted the importance of
initially completing projects appropriately, in order to prevent this type of situation
occurring in the future.
The Mayor noted that the problem was the result of a number of deficiencies,
which will be addressed when the matter is next presented to the Council in a Workshop
Session.
CITY COUNCIL MEETING FEBRUARY 28, 2000
A motion was made by Councilmember Keenan, seconded by Councilmember
Sondhi, and carried by the following roll call vote that the City Council reject the current
bids, and direct staff to research additional economical higher grade parquet products
and the budgeting of additional funds for fiscal year 2000-01 to include the cost of the
outside repair work required and the higher grade of flooring. The City Council further
directed staff to schedule a Workshop Session regarding the Senior Center replacement
flooring prior to the Council taking any further action:
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGilt, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters 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 pulled Item 10(a) from the Consent Calendar.
A motion was made by Councilmember Keenan and Seconded by Mayor Pro Tern
McGill tO approve Items I through 10 of the Consent Calendar, with the exception of Item
10(a). The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, MCGilI, Plercy
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 2. Approval of CIty Council Minutes of the Special Meeting of February
7. 2000, and the Regular Meetlng of February 14, 2000.
Recommendation: That the City Council approve the Minutes of the Special
Meeting of February 7, 2000, and the Regular Meeting of February 14, 2000, as submitted.
Item No. 3. MOtiOn tO Introduce and/or Adopt All Ordinances and Resolutions
presented for Consideration by Title Only and Waive Further Reading.
Item No. 4. Proclamation Supporting "ReCOrd-A-ThOn Week" - April 9-15, 2000.
Recommendation: That the Mayor and City Council officially proclaim its support
for "Record-A-Thon Week"-April 9-15, 2000.
Item NO. 5. Review of Monthly Investment Program for the Month of January
2000.
Recommendation: Receive and file.
Item No. 6. Approval of Design Review Committee Permit NO. 99-43, Request to
Install Outdoor Electrical Equipment to Facilitate Connection to a Portable Emergency
Generator Trailer to Service the Existing Office Building, Located at 6803 International
Avenue.
Recommendation: That the City Council adopt the ReSOlUtiOn by title only, title
as follows, approving Design Review Committee Permit No. 99-43, with Conditions.
Resolution NO. 5205
A Resolution of the City Council of the City of Cypress
Approving Design Review Committee Permit No. 99-43, With Conditions
Item No. 7. Approval of Service Cost for Relinquished Firearm(s) Storage, and
Adoption of a Resolution Amending Resolution NO. 4220, Establishing a Fee for Said
service.
Recommendation: That the City Council: (1) Approve the service cost of S64 per
relinquished firearm; and (2) adopt the Resolution by title only, title as follows, amending
Resolution No. 4220, by adding this fee for the storage of relinquished firearm(s).
4
CITY COUNCIL MEETING FEBRUARY 28, 2000
Resolution No. 5206
A Resolution of the City Council of the City of Cypress,
California, Amending Resolution No. 4220, Establishing a Storage
Fee for Firearms Relinquished as a Result of Court ACtion
Item NO. 8. Approval of Design Review Committee Permit No. 2000-04, Request
to Construct a New Modular Restaurant Building at the Los Alamitos Race Course, LOcated
at 4961 Katella Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, for the approval of Design Review Committee Permit No. 2000-04, subject to
the conditions In Exhibit "A" Of the Resolution.
Resolution No. 5207
A Resolution of the City Council of the City of Cypress,
Approving Design Review Committee Permit NO. 2000-04,
with Conditions
Item No. 9. Acceptance of State Emergency Management Grant, Appropriation
of Funds, and Purchase of Equipment for Emergency Services.
Recommendation: That the City Council: (1) Approve an increase to estimated
revenues in the General FUnd in Other Grants, ACCOunt NO. 3525-11-999-99, for $3,529, and
approve the appropriation of $629 from the fund balance of the General FUnd tO Special
ACtIvitieS, Account NO. 4104-11-180-05 for the purchase of miscellaneous supplies; (2)
Approve the transfer of $2,900 from the General Fund unreserved fund balance to the
Equipment Replacement Fund. Appropriate $2,900 from the fund balance of the
Equipment Replacement Fund tO Account NO. 4305-90-657-36 for the purchase of a laptop
computer; and (3) Approve the appropriation of $3,000 from the unreserved fund
balance of the General FUnd tO Small Tools and Equipment, Account NO. 4113-11-180-05,
for the purchase of Various emergency services related equipment, i.e., a portable public
address system, HF radio for amateur radio volunteers, UHF amplifier for amateur
television transmitter, and headphones for the amateur radio desk Sets.
Recreation and Park District Matters:
Item No. 10. DiSCOUnt for First-time Registrants of Roller Hockey Program, a~
Recommended by the Recreation and Community Services Commission on February 15,
2000.
Recommendation: That the City Council, acting as the ex officio Governing Board
of Directors for the Cypress Recreation and Park District, approve the request by
California Street Hockey for the fee reduction from $79.00 to $19.00 for first-time only
registrants for the Youth Roller Hockey Program, on a one-year basis, as recommended by
the Recreation and Community Services Commission on February 15, 2000.
ItemNo. tO(a). Further DiSCUSSiOn Of Approval of the Lincoln Avenue
Streetscape and Release of the Retention to the Contractor and to the Architect
Mayor Piercy remarked that this item had been pulled at the instruction of the City
Attorney, who had received the materials for the Council's consideration only that
afternoon.
The City Attorney provided a detailed accounting of events which had transpired
up to and including the meeting held earlier that day with the contractor, the architect,
City staff and legal counsel regarding the brickwork at the southwest corner of Denni and
Lincoln. He also stated that the city would be in a questionable legal position IF it does
not file the NotiCe Of Completion In the near future.
More discussion ensued regarding the problem area, means of correcting it, and
wherein the responsibility for the problem rests. Several options of how to correct the
situation were noted, including complete replacement of the brickwork, installation of
textured and colored concrete, jetwashing of the area, acid washing of the area, and
sandblasting of the bricks.
Councilmember MCCOy continued to register his reluctance to sign off on the
project, until the problem had been corrected by the contractor and/or architect. The
City Attorney advised that the City could not afford to wait any longer to file the NOtiCe
Of Completion, and that failure to do so in a timely fashion could result in Significantly
more expense resulting from litigation than would be involved in repairing or replacing
the area in question.
5
CITY COUNCIL MEETING FEBRUARY 28, 2000
After discussion of these issues, a motion was made by Councilmember Keenan,
seconded by Councilmember Sondhl and carried by the following roll call vote that the
City Council accept the Construction of 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; authorize the release of the final
retention payment of $511.900.07 to Hillcrest Contracting, P.O. BOx 1898, Corona,
California, 91718, 35 days after the NOtiCe Of Completion is filed, contingent upon the
filing of a warranty surety bond, in the amount of 100% of the contract, to remain in full
force for a period of one year after the date of completion and acceptance; and further
direct staff to work with the contractor and/or architect in resolving the problem with
the brick work located at the southwest corner of Lincoln and Denni:
AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, Piercy
NOES: I COUNCILMEMBER: MCCOy
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER,
UNLESS EXTENDED BY THE CITY COUNCIL.)
11. Public Hearing Regarding Amendment to Conditional Use Permit NO. 88-31,
Request to Extend the Hours of Operation of an ExiSting Amusement Arcade, Located at
9111 Valley View Street, Suites 109-112.
AliCe AngUS, Community Development Director, presented the staff report for this
item.
MrS. Angus related that the application comprises a request by Mr. BOb Portale of
West Coast Amusement to extend the hours of operation of an existing amusement
arcade, located at 9111 valley View Street within the Commercial Mixed USe District of the
PC Planned Community Zone, Lincoln Avenue Specific Plan area. Mr. Portale is asking that
the existing Conditional Use Permit for Nickell Nickell - 5¢ Games, be amended to allow
the business to remain open from 12:00 p.m. to 12:00 a.m., Monday through Friday, and
from 10:00 a.m. to 12:00 a.m. on Saturdays, Sundays and holidays.
Staff has reviewed the request, and determined that an extension of the business
hours until 11:00 p.m., Sunday through Thursday, and 12:00 a.m. on Friday and Saturday,
would be appropriate for this use. The expanded hours of operation are not expected to
result in any significant impacts In noise or traffic. The business has not generated an
abnormal amount of calls for police service during its first six (6) months of operation,
and there has been only one (1) minor disturbance incident. A condition has been
included to allow the City Council to review and modify the permit if substantiated
complaints are received that the hours of operation are creating any adverse effects for
the neighboring properties. A Categorical Exemption will be filed for the project, in
accordance with Section 15301 of the California Environmental Quali~V Act (CEQA).
Mrs. AngUS stated that, based on staff's analysis, the recommendation was that the
City Council adopt the ResOlution for approval of the Amendment to Conditional Use
Permit No. 88-31 to extend the hours of operation of an existing video arcade to 11:00
p.m., Sunday through Thursday, and 12:00 a.m. on Friday and Saturday, subject to the
conditions of approval.
FollOWing staff's presentation, the Mayor opened the public hearing. Mr. BOb
Portale, the applicant, introduced himself to the Council. Mr. Portale informed the
Councilmembers that an admission fee of $1.95 was charged to people using his arcade,
and that he was requesting an increase in the business hours so that those participating
could stay a minimum of two hours and get their money's worth. Mr. Portale said he
offered a nice, clean, liquor-free environment, to which he hoped to attract additional
customers in the 18-and-over crowd. In answer to questions from the Council, Mr. Portale
said they had considered but rejected lowering the admission fee.
Following Mr. Portale's remarks, no further comments were offered and the Mayor
closed the public hearing. The City CouncilmemberS had questions regarding the ages of
the clientele and the number of police calls to the area since the business opened. It was
determined that only three police calls were related to the NiCkell NiCkell establishment;
One was a false alarm, one was the result of a disturbance between a couple of youths,
and one was a request for a security walk-through. It was also noticed that while young
adults patronized the arcade, it was primarily a family-oriented business. Mr. Portale had
mentioned he wished to attract the "later crowd" by expanding his hourS of operation.
6
CITY COUNCIL MEETING FEBRUARY 28, 2000
According to Mrs. Angus, new signage has been approved and installed for the
arcade. Other plans for improvements to the property are currently being processed,
including the owner's plans to re-paint the entire building within 30 days.
FOllOWing discussion, it was the consensus of the Council to support staff's
recommendation regarding the expansion of the hours.
A motion was made by Councilmember McCoy, seconded by Mayor Pro Tern MCGilI,
and carried by the following roll call vote that the City Council adopt the Resolution by
title only, title as follows, for approval of the Amendment to Conditional use Permit No.
88-31 to extend the hours of operation of an existing video arcade to 11:00 p.m., Sunday
through Thursday, and 12:00 a.m. on Friday and Saturday, subject to the conditions of
approval:
Resolution NO. 5208
A Resolution of the City Council of the City of CypreSs
Approving Amendment to Conditional Use Permit NO. 88-31,
With Conditions
AYES: 5 COUNCILMEMBERS: Keenan, MCCOV, Sondhi, McGIII, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
FOllOwing the COUnCiI's action on this item, Mr. Portale asked the city Council if it
would be possible to waive his fee when he re-applies for the hours expansion in six
months. Mr. Portale was advised by the City Attorney that when he re-applies, he will
need to apply for a fee waiver at that time.
12. Public Hearing Regarding the First Reading of a Proposed Zoning OrdinancP
Amendment Prohibiting Aerial and Inflatable Signs and Displays
Community Development Director Angus presented the staff report for this item.
MrS. AngUS said that there are currently no provisions regulating aerial and inflatable
signs in the Cypress Zoning Ordinance. Because of the recent proliferatlon of this type of
unpermitted display, an Amendment to the Zoning Ordinance was written to define this
type of display and to prohibit its use.
The Community Development Director explained that regulation of this type of
signage is necessary for several reasons: (1) to preserve the attractive, orderly
appearance of the City; (2) to avoid visual nuisances; (3) to prevent the distraction of
motorists. She stated that the proposed Ordinance is consistent with the City's ongoing
effort and the General Plan Land Use Element goal of improving urban design through
the revislon of the City's development standards to Improve the quality of development
and public safety.
Staff's recommendation was that the City Council introduce and approve the first
reading of the Ordinance Amendment which would prohibit aerial signs and inflatable
displays.
At the conclusion of staff's report, Mayor Piercy opened the public hearing. Alan
Crowder, Cypress resident, addressed the Council. Mr. Crowder wanted to know if the
proposed Ordinance would prohibit the Goodyear and Sony bIimps from flying over
Cypress if it were adopted. MrS. AngUS responded that the City had no jurisdiction over
the airspace in which these ships operate. No further comments were offered, and the
Mayor closed the public hearing.
DiSCUSsed among the Councilmembers ensued, in which current regulations of
signage were discussed. It was determined that flashing Searchlight types of Signage
were currently prohibited, and only specifically defined types of temporary signs are
allowed through the issuance of permits. Those include banner-type signage only,
scheduled to be displayed within defined time limits.
The COUnCil determined that the use of standard balloons as a type of temporary
signage should be an allowed use. However, because balloons could be determined to be
a type of "inflatable" temporary signage, and would therefore be prohibited under the
proposed Ordinance, it would be necessary to add some clarifying language. The Council
therefore directed that the proposed Ordinance be amended to read:
"Aerial sign--A free-floating sign, ballOOn (of a dimension greater than 24" in
diameter when inflated)...
7
CITY COUNCIL MEETING FEBRUARY 28, 2000
"Inflatable display--"...or other air-tight material (of a dimension greater than
24" in diameter when inflated)..."
A motion was made by Councilmember Keenan and seconded bV Councilmember
MCGIII that the CID/Council introduce and approve first reading to the Ordinance
Amendment by title only, title as follows, prohibiting aerial Signs and inflatable displays,
as amended:
Ordinance NO.
An Ordinance of the City Council of the City of Cypress,
California, Amendment Section 29 of the Cypress Zoning Ordinance
Regarding Aerial and Inflatable Signs and Displays
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhl, McGill, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
DEFERRED BUSINESS:
13. Continuation of Tentative Tract Map NO. 15727 and Conditional Use Permit
No. 98-13, Request to Combine Three (3) Parcels Into One (1) and Construct a Thirty-SiX (36)
Unit Condomlnium Development LOCated at 6242 Lincoln Avenue.
Community Development Director, Alice Angus, presented the staff report for this
item.
MrS. AngUS reminded the Council that the matter had been continued from the
City Council meeting of November 8, 1999, and again from the meeting of November 22,
1999. The continuances were allowed in order to provide the applicant with an
opportunity to work with the Public Works/Engineering Department staff to resolve
issues relating to sewer and drainage flow, finished grade elevations, onsite Vehicle
circulation, and entrance driveway width; all of which had been identified at the public
hearings.
Since that time, staff has had the opportunity to meet with the applicant, and to
resolve all the identified issues. in accordance with staff's recommendations, the
applicant has: (1) revised the Site plan to reflect an increase in driveway width from 25' to
33'; (2) adjusted the grade to meet recommended sewer and drainage requirements; and
the grade and slope of the property will be adjusted accordingly to conform with the
surrounding developments; and (3) the perimeter and retaining walls will conform with
those of the adjacent condominlum development.
Mrs. Angus advised that some additions had been suggested to the Conditions of
Approval for the project, to include:
Condition NO. 11 (Of the Conditional Use Permit) was revised to add: "...wrought
iron shall be added to the top of the masonry wails along the rear half of the east and
west sides perimeter property lines. The combination masonry wall, wrought iron, shall
be a minimum of three and one-half feet (3 1/2') and a maximum of Seven feet (7'} from
the highest adjacent finished grade."
Condition NO. 19 was revised to include: "...The Lincoln Avenue access driveway
shall be thirty-three feet (33') wide from curb to curb..."
Condition NO. 41 Of the Conditional Use Permit was entirely revised to read, "Dense
screen landscaping shall be planted along the entire east and west perimeters of this
project Site to provide a sufficient privacy screen between the subject residential
condominium development and the adjacent residential, commercial and institutional
uses. The landscape plan Shall be subject to review and approval of the Community
Development Department."
MrS. Angus said that with the suggested additions/modification to the Conditions
of Approval, the project meets the requirements of the Zoning Code, the Subdivision
Ordinance, and the Lincoln Avenue Specific Plan.
Based on the above, staff is recommending that the City Council:
(1) AdOpt the Mitigated Negative Declaration, De Minimus Findings and the
Mitigation Monitoring Program In accordance with the requirements of the California
Environmental Ouality Act; and (2) Adopt the attached Resolution approving Conditional
Use Permit No. 98-13, subject to the conditions as amended in Exhibit "A" of the
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CITY COUNCIL MEETING fEBRUARY 28, 2000
Resolution; and (3) Adopt the attached Resolution approving Tentative Tract Map No.
15727, subject to the conditions attached In Exhibit "B."
After resolving a couple of questions regarding the configuration of the wall,
sufficiency of drainage, the grade of the project, and any potential subsidence, a motion
was made by Councilmember Sondhi, seconded by Councilmember McCoV, and carried by
the following roll call vote that the City Council adopt the Resolutions by titles only, titles
as follows, Approving Conditional Use Permit No. 98-13, with Conditions, and Approving
Tentative Tract Map NO. 15727, with Conditions:
Resolution No. 5209
A Resolution of the City Council of the City of Cypress
Approvlng Conditional Use Permit NO. 98-13, with Conditions
Resolution NO. 5210
A Resolution of the City Council of the City of Cypress
Approving Tentative Tract Map NO. 15727, with COnditions
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, MCGilI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
NEW BUSINESS:
14. Discussion of Measure F - The Safe and Healthy Communities Initiative.
The staff report for this item was presented by the Assistant to the City Manager,
June Liu. Ms. LIu reported that the measure is an initiative which will appear on the State
ballot in MarCh Of 2000. Measure F applies to any "act by the County to approve" any of
the following projects: (1) a new or expanded Jail; (2) a hazardous waste landfill; and (3) a
civilian airport. She added that the Orange County Regional Airport AUthOrity (OCRAA), Of
which the CIty of Cypress is a member, opposes the measure, and has asked its members
to oppose it as well. MS. Liu said the matter had been placed on the Agenda at the
request of Councilmember Sondhi and Mayor Pro Tern MCGilI.
MrS. LiU explained that under this initiative, the County must follow a series of pre-
defined steps prior to approving one of the aforementioned projects. These include: (1)
conduct of public hearings on whether funds may be expended; (2) upon ratification of
expenditures by the Board of Supervisors, the approved project must be submitted to
the voters for ratification. At this stage, the planning process is limited to: a) defining
the project; b) preparation of an Environmental Impact Report for the project; and c)
evaluation and certification of the Environmental Impact Report. After all the foregoing
steps have been completed, public hearings must be held in each Orange County City
affected by the proposed use, followed by approval of the project by the Board of
Supervisors. The Board of Supervisors' approval will not be effective until ratified bV two-
thirds (2/3) of the voters at a County General Election.
Ms. LiU summarized the arguments both for and against Measure F as follows:
Proponents of the Measure state the initiative guarantees voters a choice in
locating large public facilities such as jalls, toxic dumps, or commercial airport projects
that could destroy the quality of life in Orange County. Proponents say that a two-thirds
majority vote requirement is important, as community consensus should dictate the
development of major facilities that cost hundreds of millions of dollars and have the
potential to permanently change entire neighborhoods when the impact is serious and
long-lasting.
Opponents of Measure F state it threatens public Safety because it will be virtually
impossible to build new, needed jails In Orange County. Furthermore, Sheriff Mike Carona
reports that Orange County taxpayers will have to pay up to $14.3 million more each year
to run smaller jails. Further, if there is not enough jail Space, convicted criminals must be
released early. Opponents of the Measure also maintain that Measure F is bad public
policy. Their reasoning is that decision-making processes such as these should not based
on a "super-majority" vote, a process which creates additional red tape, enormous cost,
and delays In implementing projects which may result in compromising federal funding
time frames.
MS. LiU summarized her report by stating that there will be no fiscal impact to the
City whether it opposes or supports Measure F. She advised that based on the foregoing
9
CITY COUNCIL MEETING FEBRUARY 28, 2000
information, it was staff's recommendation that the City Council adopt the Resolution
opposing Measure F on the State ballot of March 2000.
Councilmember Keenan expressed his reluctance to take any type of a position on
this Measure, partially resulting from an unwillingness to vote on an issue that will have
an express impact on southern Orange County cities, rather than directly on Cypress. He
additionally deplored the fact that the airport subject had been Included in the Measure,
noting that Issue had been voted on twice previously by the voters.
The Mayor Pro Tern said that the matter would have a direct impact on the
residents of Cypress. He said it should be opposed as it represents bad public policy.
Councilmember Sondhi was also opposed to the measure, and said that, as Cypress was a
member of the Orange County Regional Airport Authority, it should support that
organization's request to oppose the Measure.
Councilmember MCCOy observed that the citizens of Cypress were intelligent,
informed individuals, who should be allowed to make up their own minds regarding how
to vote. Therefore, he was of the opinion that the City Council should take no position
supporting or opposing any type of election initiative.
Mayor Piercy said she agreed with that to a degree, but felt that the Council had
the responsibility to take a position on certain issues which affect public policy. The
Mayor said that Measure F reflects poor public policy, and she Was therefore opposed to
it.
Because the consensus of the Council was that the airport issue should not be a
part of Measure F, the Mayor Pro Tern suggested that language be added to the effect
that, "...irrespective of the airport issue, the City of Cypress opposes Measure F because it
represents bad public policy, and would cost the cities of orange county substantial
amounts of money..."
A motion was made by Councilmember McGill and seconded by Mayor PiercV that
the City Council adopt the Resolution, as amended, bV title only, title as follows, opposing
Measure F on the State ballot of March 2000:
Resolution NO. 5211
A Resolution of the City Council of the City of Cypress
Opposing Measure F
The motion was carried by the following roll call Vote:
AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, MCGilI, Piercy
NOES: I COUNCILMEMBERS: McCoV
ABSENT: 0 COUNCILMEMBERS: None
15. Approval of Commercial Warrant Lists for warrant Nos. 41953 - 42161.
A motion was made by Councilmember McCoy, seconded by Councilmember
Sondhi, and carried by the following roll call vote (with Councilmember Keenan
abstaining on Warrant NO. 41981) tO approve the City of Cypress Commercial Warrant List
for Warrant Nos. 41953-42161 totaling $820,231.72.
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, MCGilI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS:
Governing Board of Directors.
The Cypress City Council, acting as the Ex Officio
16. Discussion of the Need to Develop a Foundation in the Community ~=or
Funding the Arts, as Recommended by the Cultural Arts Commission on February 3, 2000.
Marvin DeCarlo, Recreation & Parks Director, presented staff's report for this item.
Mr. DeCarlo stated that the cultural ArtS Commission had requested assistance in
exploring the possibilities of developing a foundation dedicated to raising private funds
for the Arts during a Joint Meeting held with the City Council on January 24, 2000. Then,
at its regular meeting of February 3, 2000, the Cultural Arts Commission voted
unanimously to request City Council support in developing a foundation in the
community for funding the artS.
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CITY COUNCIL MEETING FEBRUARY 28, 2000
Mr. DeCarlo reported that while the Friends of Cypress Cultural Arts, Inc., is a
current funding source, most of their resources are directed toward their own activities;
e.g., Oktoberfest, Scholarships and Art in Public Places. The Commission is requesting
assistance in the development of a tax-exempt non-profit Foundation, possibly to be
provided by the City Attorney. It is expected that the cost for this assistance would be
approximately $2,000-$3,000.
Mr. DeCarlo advised that the staff recommendation was for the City Council, acting
as the ex officio Board of Directors for the Cypress Recreation and Park DistriCt, receive
and file the Cultural ArtS Commission request for assistance in the formation of a non-
profit foundation, and re-examine the issue during the City Council consideration of non-
profit contributions grants through the budget process.
In response to a question posed by Councilmember McCoy, Mr. DeCarlo advised
that the City had funded the formation of the non-profit organization status for FOCCA.
The Councilmember wanted to know what the difference would be between the new
non-profit organization and FOCCA; Mr. DeCarlo indicated the difference would be that
FOCCA iS not now raising funds from corporate entities to develop a cultural arts facility.
He Said that organization is now more dedicated to supporting and funding local
programs and functions, but is not concentrating any fund-raising effortS toward a
future arts facility. Mr. DeCarlo said that the functions of both organizations would be
very similar.
Councilmember Keenan commented that FOCCA had successfully provided Some
cultural programming for the City. He noted that it would be desirable to establish a
second group that would focus only on fund-raising, and that demonstrated support for
the arts existS in the Cypress community.
Councilmember Sondhi asked about the ongolng relationship between a new non-
profit organization and the Cultural Arts Commission, and the nature of Strategic Plan
and mission objectives bet~veen the two groups. Mr. DeCarlo reported that a liaison
from the Cultural Arts Commission attends meetings of FOCCA and other arts
organizations in the community. Mrs. Paula English added that the new foundation
needs to be independent of the Cultural Arts Commission, and any particular arts group.
She stated it would be ideal to obtain representatives from area businesses, churches,
schools, and the community-at-large to serve on the foundation. MrS. English
emphasized the current need for enhanced fund-raising efforts, which could conceivably
be expanded to include organizations in other cities, as well.
MrS. English observed that while FOCCA'S effortS are very much appreciated, an
additional organization dedicated strictly to fund-raising is necessary, as the arts
community is currently very limited In itS funding and in what it can accomplish. Mrs.
EngliSh said that because of financial constraints, FOCCA is currently in a position where it
has to request funding from the City.
The Council noted that one of FOCCA's original goals had been that of fundraising,
and questioned why a new non-profit organization would develop any differently than
FOCCA did once it had been formed. Councilmember McCoy noted that once the
foundation had been organized, the City would have no control over the direction it
took; therefore, initial guidelines must be in place to guarantee that it would be strictly a
fundraising organization.
During discussion, it was determined by the Council that additional input was
necessary to make an informed decision on this matter. Therefore, the Council requested
that additional research into the matter be completed, and that a workshop concerning
this topic be scheduled for the Council within the next 60 days.
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, acting as the ex
officio Board of Directors for the Cypress Recreation and Park District, continue the
Cultural Arts Commission request for assistance in the forrnatlon of a non-profit
foundation, and re-examine the issue at a workshop to be scheduled by staff within the
next 60 days:
AYES: 5 COUNCILMEMBERS: Keenan, MCCOy, SOndhi, MCGilI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CYPRESS DEVELOPMENT AGENCY MATTERS. The Cypress City Council, acting as the Cypress
Redevelopment Agency.
There were no matters to consider.
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CITY COUNCIL MEETING FEBRUARY 28, 2000
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
Mayor Piercy requested the Committee Assignment reports from the various
Councilmembers, who reported as follows:
Councilmember Keenan: Artended West Orange County Cities meeting;
discussed Joint Study undertaken by West Orange County Cities re: potential of bringing
Orange County Light Rail Centerline to western Orange County; long-term goal of
connecting with LOS Angeles COunty. AlSO investigating economic development
programs geared toward enhancing business, residential and recreational opportunities
in west Orange County.
Attended Orange County Council of Governments meeting; presentation regarding
SCAQMD'S Rule 1190 revision re: limitations on public agency vehicles. Has evolved into
Rule 1191, 1192; implementation delayed.
Artended OCTA committee meeting; mainly housekeeping matters discussed.
Artended OCTA Board Meeting; lengthy public hearing regarding straightlining process.
BUS Stop at Braille Institute has been restored. Straightlining process should streamline
Orange County travel when completed.
Councilmember Sondhi - Artended Orange County HOuSing and Community
Development meeting. Report presented on housing rehabilitation. Program in place
Since December, 1998; most successes reallzed in mobile home projects involving grants
for features including steps, roofs, porches, etc. Single family dwelling unit rehabilitation
program not as successful. NeW strategies developed by County to ensure greater success
in future. P~ogram to be presented to Board of Supervisors in April.
Councilmember McCoy - Artended opening ceremonies of Cypress Little League,
Open House at the Warland Investment building Hope/Katella, and the Americana Awards.
Mayor Pro Tern MCGill - NO meetings.
Mayor Piercy - Artended Americana Awards. Cindy Warren - Citizen of the Year;
Yamaha - Business of the Year. Artended opening of Cypress Little League. Attended
quarterly Mayors' Breakfast with Supervisor Silva; topic was "Urban RunOff"; advised
against washing off driveways instead of sweeping them off. Artended Orange County
Sanitation DiStriCt Board of Directors meeting; discussed upgrades of plant machinery.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Alan Crowder, Cypress resident, addressed the council. Mr. Crowder said the El
Toro location was the last place available to put an airport. He also Said overcrowded
conditions at the jails resulted In a lot of people being released, and advocated the
building of new jails. He said the Council should oppose Measure F.
Councilmember Keenan commended the Police Department and other City staff
for the fine job done on the Police Memorial and the dedication ceremony. He
announced that a future "Discover Cypress" will feature the dedication ceremony.
WRITTEN COMMUNICATIONS:
FOr Matters Not on the Agenda.
There were no matters to consider.
ADJOURNMENT:
AS there was no further business to consider, Mayor Piercy adjourned the meeting
at 10:00 p.m. to Monday, March 6, 2000, at 5:30 p.m. in the Cypress Senior Center at 9031
Grindlay Street, Cypress, to conduct interviews for the appointment of a Non-Conforming
Use Hearing Boardmember and a Mid-Year Strategic Plan Retreat.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
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