Minutes 2000-01-24CATV
CITY COUNCIL MEETING
CITY OF CYPRESS
January 24, 2000
Auth. Video Prod. Coord. & 1 CATV Cornre. TO attend NAB Conf.
CITY PROMOTION
Auth. Purch. of Table @ Cyp. Coil. Areeric. Awards Banq.
CODE ENFORCEMENT
AppV. 15t Rdng. Of Ord. Implem. Adm. Cit. Progr.
COMMENDATIONS
Adopt ReSO. Cornre. Eagle Scout Gregory Harrison
COMMISSIONS
AppV. Ist Rdng. Of Ord. Amend. §2-91 of City Code Re: Youth Cornre.
CONDITIONAL USE PERMITS
Adopt. Reso. Appvng. C.U.P. 99-11 - ReplC. 3 Bldgs. w/Car Wash @ 5501-5601 Ball Rd.
DESIGN REVIEW COMMITTEE
Adopt Reso. AppV. D.R.C. 99-44 - Signage @ 5801 Lincoln Ave.
Adopt ReSOI. AppV. D.R.C. 99-46 - Remodel/Addtn. @ 6555 Katella Ave.
EMPLOYEES
Adopt. ReSO. Estab. Job Specs. & Comp. for Records Coordinator Pos.
FINANCE
Rec./File Dec. 1999 Inv. Rept.
AppV. Comrn. Warrant Nos. 41334-41526
Auth. Fin. Dir. TO Attend 9th Ann. Conf. of GFOA
PARKS -ARNOLD/CYPRESS
Accept. Landsc. Pkng. Islands - P.W. Proj. 9839
Accept. Upgrade of Secur. Lightng. - P.W. Proj. 9845
PARKS-SKATE PARK
Adopt Plan/Mitig. Neg. Dec. for Veterans Park Skate Facil.
POLICE DEPT.
Award Cont. for remodel/upgrade of Cypress Police Dept.-P.W. 9926
RECORDS CONTROL
Adopt Reso. Auth. Rec. Dest. & Amdng. Res. 4049
RECREATION & PARK DISTRICT
Appv./Accept Time capsule/Plcmnt. AS rec by Cultural Arts Cornre.
Appv. Non-Prof. Org. contrib. Policy Eff. 7/1/2000
SEWERS
Appv. 1~t Rdng. Of Ord. Amend. §22-1 of City Code Rel. to Sewers/sewage Disp.
SPECIAL PERMITS
AppV. Req. to COnd. Secondhnd. childrens' Clothing/Toys BUS. @ 10135 Valley View St.
STREET IMPROVEMENTS
Continue - Accept Impvmnts/Appv. Final Retention Pmt./Auth. Bond Rel. for Lincoln Ave.
Streetscape P.W. ProJ. NO. 9805
TRAFFIC CONTROL
AppV. 15t Rdng. Of Ord. Modlf. City Speed Limits
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 24, 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: Councilmembers Keenan, Sondhl, Mayor Pro Tern McGilI, Mayor Piercy
ABSENT: COuncilmember McCoy
JOINT MEETING: Mayor Piercy indicated that, at this time, the Cypress City Council was
conducting a joint meeting with the Cypress Cultural Arts Commission for the purpose of
discussing the topics outlined in "Items of Discussion", below.
ROLL CALL: Commissioners Bloch, Bloom, Chance, Coronado, I(lmble, Koester and
Chairperson English
COUNCILMEMBER MCCOY ARRIVED AT 5:42 P.M.
ITEMS OF DISCUSSION:
Paula English, Chairperson of the Cypress Cultural Arts Commission, made a
presentation to the Council, highlighting the following areas:
A. HiClhlLqhts of Cultural Arts Commission Activities for 1999 and Plans for 2000.
B. Cultural Arts Facility.
C. Enclosure Under the Council Chamber.
D. Cypress Civic Theatre/Anahelm Union High SChOOl DiStriCt Lease A.qreement.
E. Direction by City Council on Future Cultural ACtivitieS in the Community.
Mrs. English advised the Council that the following items were included in the
commlsslon's 1999-2000 cultural Arts Commission Work Plan: Rewrite of the Cypress
Cultural Art Plan; a Joint programming project with Cypress College, creation of a time
capsule; provision of update to the City's Master Plan Recreation Element~ an examination
of the feasibility of a multi~use cultural arts facility; the development of a Chlldren's
Theater Workshop; facilitation of a multi-city or multi-agency arts workshop; scheduling
of an all-commission picnic; development of a cultural excursion; and development of a
general art resource directory.
Also discussed was the possibility of adding restrooms to the enclosure under the
City Hall Council Chamber and the scheduling of joint meetings with the City Council more
often than once per year.
CLOSED SESSION:
FOllOWing the Joint Meeting of the City Council and the Cultural Arts Commission,
the Council recessed at 6:10 p.m., in order to convene In Closed Session to discuss the
following item:
PUBLIC EMPLOYEE APPOINTMENT (CaI. Govt. COde ,~ 54957) Title: City Manager
7:00 P.M. SESSION:
PLEDGE OF ALLEGIANCE: Mayor Pro Tern McGill led the Pledge of Allegiance.
INVOCATION: The invocation was given by Pastor Jay Willlares of the Cypress Evangelical
Free Church.
PRESENTATIONS:
CITY COUNCIL MINUTES JANUARY 24, 2000
The Mayor presented the annual State of the City Address. Her speech dealt with
highlights of projects completed and events which took place in the City over the past 12
months. These included: completion of the Lincoln Avenue Streetscape Project and
Dedication Ceremony; delivery of high quality services, and maintenance of the
infrastructure.
She also commented on the following: Continued development resulted in 58 new
residential unit permits being Issued during the year. commercial and light industrial
development permits for three new buildings in the Cypress Business Park were issued,
and five new restaurant uses were approved.
The Home Enhancement and Home Equity Loan Programs aided many families in
Cypress.
The Police Department conducted programs geared to assist in disaster
preparedness and crime prevention. The City set an example for other cities in its Y2K
preparedness. Further, the City experienced an 8% decline In the crime rate. A police
substation will be established in the southern portion of the town.
Extensive public works programs enhanced the Cib/'s streets, sidewalks and
aesthetics. Further, a Police Memorial will soon be completed.
The Recreation & Parks Department celebrated Its 50t" anniversary, and it enjoyed
much success with the 5- and 10-K runs, the Community FeStival, 4th Of July Celebration,
and other events.
Beautiful artwork was contributed by the Friends of Cypress Cultural Arts group,
and 250 children signed up for participation In the newly constructed roller hockey rink.
Mayor Piercy stressed that the city Councilmembers remain available to those
members of the community having any questions or concerns.
REPORT OF CLOSED SESSION/VVORKSHOP AGENDA:
At the request of the Mayor, Interim CIty Manager Richard Storey reported on the
previously held Joint Meeting of the City Council and the Clty's cultural Arts Commission.
Mr. Storey advised that five items were discussed; (1) highlights of the Cultural Arts
Commlsslon's 1999 activities and plans for 2000; (2) a Cultural Arts facility; (3) enclosing the
area under the City Council Chamber; and/or, adding restrooms to the area; (4) a lease
agreement bet~veen the Cypress Civic Theatre and Anaheim Union High School DiStriCt;
and (5) future Cultural Arts Commission projects/actIvities. Mr. Storey advised that no
action was taken at the meeting.
The City Attorney related that the ClD/Council had convened In Closed Session for
the purpose of meeting with candidates for the position of City Manager, in accordance
with CaI. Govt. Code §S~957. Mr. Wynder said that no action was taken, and that the
recruitment process Is ongoing.
ORAL COMMUNICATION:
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. She also noted
that many people in attendance were present In response to Item No. 21, which dealt
with the Skate facility at Veterans Park. She Instructed the audience that was not a public
hearing item, and encouraged anyone Wishing to comment on it to do so during Oral
Communications.
The Mayor then said she Wanted to extend thanks on behalf of the Chief of Police
for the generous contributions to the D.A.R.E. program made bV Coldwell Banker and the
Elizabeth Dickerson P.T.A.
Mayor Plercy then introduced the new Branch Manager of the Cypress Library,
Hilary McAIlister. Ms. MCAIIlSter encouraged everyone to visit the library, and inform her
of any special needs they may have. councilmember Keenan added that the Cypress
library was In possession of an outstanding collection of 20th century music, which
includes both sheet music and music available In books. It is hoped that the extensive
material will be catalogued, online and available by AugUSt Of 2000.
Next tO speak was Robert Szebert of Toastmasters International. Mr. Szebert
advised that the international organization had been started 75 years ago in Santa Ana bv
a Dr. Ralph Smedley. Mr. Szebert reported that classes in public speaking will begin on
2
CITY COUNCIL MINUTES JANUARY 24, 2000
January 26, from 6:30 p.m. to 8:15 p.m., and will be conducted at 5701 Katella. Interested
persons are asked to contact ROn Jones at (562) 924-1808.
Rowena Ortega of Cypress was next to address the Council. Mrs. Ortega felt that
the City was unfairly targeting her fence for being out of compliance, and said that all of
the fences in her neighborhood were non-compliant. She said that Code Enforcement
Officer, Jon Pollard, had advised her to apply for a variance. However, she said she did
not want to spend the money with no guarantee that the variance would be granted.
Teresa Ivins, Cypress resident, next addressed the Council. Ms. Ivins said that she
challenged the mitigated negative declaration which had been prepared two years ago in
regard to a skatepark project. She was opposed to a skate facility in Veterans Park, and
cited safety, property alevaluation, lack of supervision and the liability exposure to the
City as her reasons.
Del DaviS, Cypress resident, spoke In opposition to the skate facility at Veterans
Park, and also challenged the validity of the Mitigated Negative Declaration. He listed
property devaluatlon, elevated noise levels, traffic and loss of green space as his rationale
for opposing the project.
Bonnle Drummond, Cypress resident, next spoke. She stressed the need for a
skate facility within the city, and mentioned that she had children who are
skateboarders.
George Lawrence, Cypress resident, also spoke in opposition to placing a skate
facility at Veterans Park. Mr. Lawrence observed that there is a need for a skatepark in
the City. However, he suggested that It be located In the flood control area off of Bal~
Road, across from the shopping center. He said thls area could be divided Into thirds and
used for rollerbladlng and roller hockey, a dog park, and a skatepark. He said that if it
ever contained overflow water, it wouldn't happen often enough to matter.
Isaac Houseman, Cypress resident, next Introduced himself. Mr. Houseman said he
was a real estate broker. As such, he didn't understand how anyone could doubt that
building a skatepark would not lower the property value In Sorrento. Mr. Houseman said
that the fact that people do not want the skatepark is enough to lower the value of the
adjacent property.
Cindy Young, Cypress resident, was next to speak. MS. Young was also opposed to
constructing a skate facility In Veterans Park.
Phil Luebben, Cypress resident (and Commissioner), was next to speak. Mr.
Luebben said that as both a C.P.A. and an attorney, he had observed that wealth equals
power, and that the citizens of Sorrento all had a "not In my backyard" attitude. He said
that the city had determined Veterans Park as the appropriate location only after
thoroughly investigating all other potential sites.
Gall Kerry, Cypress resident and former Councilmember and Mayor, next addressed
the Council. It Was her opinion that the Council had wasted a lot of tlme on this subject,
and had failed to adequately consider the Wicker Drive property as a potential site for the
skate facility. She was opposed to its Installation at Veterans Park.
Mary Crowder then addressed the Council. She said it was ironic that Gall Kerry
should "talk the way she did" after allowing the Shaw Carpet Warehouse in the City.
However, Mrs. Crowdot felt that skate facilities were dangerous for little children, who
would be "shoved around by bigger kids."
AWARD O~: CONTRACT:
1. Award of Contract for the Upgrade/Remodel of the Cypress Police
Department, Public Works Prolect No. 9926.
The staff report for thls Item was presented by Jeff Slnn, Public Works Director.
Mr. Sinn reminded the Council that at their meeting on Decembel' 13, 1999, the City
council had approved plans and design specifications for an upgracle and remodel
project for the Cypress Police Department. The focus of the project Will be the lounge,
locker rooms and Chief's Conference Room. Cabinets will be added or replaced, and a
refrigerator, sink and microwave oven will be installed. New ceiling tiles will be added,
and improvements will be made In the locker rooms.
Mr. Sinn advised that sufflclent funds had been included in the budget to cover
the cost of this project.
He summarized that staff's recommendation was that the City Council:
3
CITY COUNCIL MINUTES JANUARY 24, 2000
1. Determine the lowest responsible bidder for Public Works Project NO. 9926
to be Warvl Construction, Inc., 15931 Chemical Lane, Unit C, Huntington Beach, California
92649; and
2. Award a contract In the amount of S29,229 (bid amount of $26,572 plus 10%
contingency) to Warvi Construction, Inc.
FolloWing the staff presentation, Mayor Piercy asked if the Councilmembers had
any questions. None were forthcoming, and a motion was made by Councilmember
Keenan, seconded by Councilmember McCoy, and carried by the following roll call vote
that the City Council:
1. Determine the lowest responsible bidder for Public Works Project NO. 9926
to be Warvi Construction, Inc., 15931 Chemical Lane, Unit C, HuntingtOn Beach, California
92649; and
2. Award a contract in the amount of $29,229 (bid amount of $26,572 plus 10%
contingency) to Warvl Construction, Inc.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCOy, SOndhi, 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 approving the
recommendations listed on the Agenda.
Mayor Pro Tern McGIII requested that Items 4 and 8 be pulled from the Consent
Calendar. Councilmember Sondhl asked that In addition to Item No. 8, above, Items 6, 7,
and 11 be pulled. Councilmember MCCOy and Mayor Piercy pulled Item No. 12.
A motion was made by Councilmember Keenan and seconded by councilmember
Sondhl to approve Items 2, 3, 5, 9, 10 and 13 of the Consent Calendar. The motion was
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhl, McGilI, Piercy
None
None
ItemNo. 2. Approval of CityCouncil Minutes of the Regular Meeting of January
10,2000.
Recommendation: That the City Council approve the Minutes of the Regular City
Council Meeting of January 10, 2000, as submitted.
Item No. 3. MOtiOn tO Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Readlnq.
Item No. 5. Review of MOnthly Investment Program for the Month of December
1999.
Recommendation: Receive and file.
Item No. 9. Destruction of Police Department Records/Amendment to Resolution
No. 4049.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, amending Resolution No. 4049 for the destruction of specified Police Department
records per Section 34090 of the California Government Code.
Resolution No. 5187
A Resolution of the City Council of the City of Cypress,
Amending Resolution No. 4049 by Adding Additional Police Records for Destruction
Item No. 10. AdoPtIon of Resolution Amending the City's Posltlon Classification
Plan, EStabl sh ng the Position of Records Coordinator and Establishing Compensation.
4
CITY COUNCIL MINUTES JANUARY 24, 2000
Recommendation: That the City COunCil adopt: I) the job specifications for the
regular full-time position of Records coordinator; and 2) the Resolution, by title only, t:ltle
as follows, amending the City's Classification Plan and establishing compensation.
Resolution NO. 5188
A Resolution of the CIty Council of the city of Cypress
Amending Resolution NO. 3574, by Adding the Job Specifications
and EstabliShing Compensation for the Position of Records Coordinator
In the clty's Position classification Plan for Employees in the Service
of the city of Cypress
Recreation & Park DiStriCt Matters:
Item No. 13. Acceptance of Construction of Landscaped Parking Islands (Public
Works Project NO. 9839), and Uoqrade of SecUrity Lighting (Public Works Prolect No. 9845),
at the Arnold/Cypress Park.
Recommendation: That the CIty COuncil, acting as the ex offic/o governing Board
of Directors of the Cypress Recreation and Park District: 1) Accept the project for
Construction of Landscaped Parking Islands (Project No. 9839) and Upgrade of SecuritY/
Lighting (Project NO. 9845), at Arnold/Cypress Park, as being satisfactorily completed in
conformance with the project specifications; 2) Approve the final retention payment of
$3,647.00 for Project No. 9839 and $2,130.00 for Project No. 9845 to MlnCO Construction,
1350 W. 228th St., #3, Torrance, CA 90501, 35 days after the NOtice Of Completion is filed, if
no claims or objections have been flied; 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 flied, upon the concurrence of
the Director of Public Works.
Item No. 4. Continuation and Acceptance of Contract for the Construction of the
Lincoln Avenue Streetscape. Public Works Prolect No. 9805.
Mayor Pro Tern McGIII said he had pulled thls item because he had visited the site
referred to at the previous meeting by Councilmember MCCOy, Who had noted a whit:e,
powdery substance seeping up from the ground onto the brickwork. It was the Mayor
Pro Tem's opinion that the substance may have been a byproduct of overspray from the
sprinklers. He also noted t:hat he saw no "white" substance, but: t:hat the bricks in
quest:ion appeared to be covered Wit:h moss.
Mr. Sinn responded that the "efflorescence" did not appear to come from below
the construction work, as a concrete slab and sand were put into place prior to capping
off the area with the brick pavers. Mr. Slnn felt the substance Was emanating from
mineral deposits.
Councilmember MCCOy responded that the problem Was not the result of
overspray, but that it Was a problem from minerals in the ground that occurs at various
locations throughout: Cypress. It was Councilmember MCCOy'S opinion that the reason for
the problem was the cont:ractor's failure to lay plastic sheet:ing under t:he pavers to
prevent: t:he minerals from coming through. Councilmember MCCOy also noted that he
had seen no white substance while recently driving by the site, but that the bricks were
mossy, discolored, and the project should not be signed off on until the problem was
remedied. Further, he noted that: the area "puddled" when it rained, and that adequate
drainage had not been provided for.
The City Attorney questioned t:he legal position t:he City Would assume if payment
for the entire project were to be Withheld because of this problem area; it was his
opinion that this would be a tenuous one, at best. He suggested that the project: be
approved, and that: release of ret:entlon be allowed except for t:he cost of repairing the
problem area.
However, during further discussion, it was noted that the area was not only
discolored, but: that a "pondlng" effect occurred when it rained (or t:here was any type of
runoff, such as that emanating from sprinklers) In the location. Both ~:he City Engineer
and the City Attorney concurred that this added complication would be Sufficient to
just:lfV continuation of the project unt:ll such time as t:he most: appropriate Way t:o resolve
t:he deficiency had been discerned.
A motion was made by Mayor Pro Tern MCGIII, seconded by Councilmember McCoV
and carried by the following roll call vote t:hat the City Council continue t:heir
consideration of t:he Lincoln Avenue Streetscape, Public Works Project No. 9805, until its
meeting of February 14, 2000, and direct staff to determine t:he most: appropriate
CITY COUNCIL MINUTES JANUARY 24, 2000
method for remedlatlng the problem with the bricks; (1) either retaining a portion of the
retention; or (2) releasing the amount With a new bond In place:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, Mccoy, Sondhi, MCGIII, PierCV
None
None
Item No. 6. Approval of Deslgn Review Committee Permit No. 99-44, Request to
Install Prolect Sl(]nacle for the A-1 Self-Storage Facility, Located at 5801 Lincoln Avenue;
and Approval of Design Review Committee Permit No. 99-46, Request to Remodel Existing
Shop and Office Area and Add a NeW Enclosed Outdoor Work/stora.qe Area at the Yamaha
MOtOrS BUilding. Located at 6555 Katella Avenue.
This item was pulled by councilmember Sondhi. She explained that it was unclear
to her on what wall the signage would be installed. After determining from the
Community Development Director that the south wall was the appropriate location, 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, approvlng Design
Review Committee Permit NO. 99-44, with Conditions:
Resolution No. 5189
A Resolution of the City Council of the City of Cypress,
Approvlng Design Review Committee Permit NO. 99-44, with Conditions
The motion was carried by the following roll call Vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhl, MCGilI, PierCy
None
None
In reference to Design Review Committee Permit No. 99-46, Councilmember Sondhi
asked for clarification as to the actual location of the outdoor enclosed work storage
area. MrS. AngUS indicated the location of the area in question on the site map. A
motion Was then made by Councilmember Sondhl and seconded by Mayor Pro Tern MCGill
that the City Council adopt the ReSOlUtiOn, by title only, title as follows, approving Design
Review Committee Permit NO. 99-46, with Conditions:
Resolution No. 5190
A Resolution of the CIty Council of the City of cypress,
Approvlng Design Review Committee Permit No. 99-46, with Conditions
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: MCCOy, Sondhi, MCGIII, Plercy
NOES: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBER: Keenan
Councilmember Keenan abstained due to the fact that the applicant, Yamaha, Is a source
of income to him.
Item No. 7. Authorization for Attendance of the Director of Finance &
Administrative Services, to the 94t" Annual Conference of the Government Finance
officers Association.
Councilmember Sondhl stated that she had pulled Items 7 and 11 for basically the
same reason. She wished to determine whether a city policy was in place which imposed
limits on "necessary expenses" for City employees. Mr. Storey responded that there is a
Travel & Meeting Policy which delineates what constitutes appropriate expenses. Mr.
Storey said that this mainly covered meals and transportation, and that it covers anyone
engaging in City business. Councilmember Sondhl asked for a copy of that policy, and
was informed by Mr. Storey that a proposal on the policy was being formulated, and
would be presented to the Council at their meeting on February 14.
Councilmember MCCOV asked If a limit on expenses had been imposed by a City
policy. Mr. Storey informed him that a restrictive limit does not currently exist, but that
those amounts are currently set by what has been budgeted and approved by the
Council. Councilmember MCCOy wished to ensure that no unreasonable expenses be
authorized; e.g., a $75 dinner. Mr. Storey advised him that only "reasonable" amounts
would have been budgeted and approved, and that the dinner amount would probably
"max out" at $40.
6
CITY COUNCIL MINUTES JANUARY 24, 2000
A motion was made by Councilmember Sondhi, seconded by Councilmember
Keenan and carried by the following roll call vote that the City Council authorize the
attendance of Richard Storey, Director of Finance & Administrative Services, to the 94TM
Annual Conference of the Government Finance Officers Association, to be held in Chicago,
Illinois, on June 11-14, 2000, and be reimbursed for all actual and necessary expenses
incurred:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, Piercy
None
None
Item No. 8. Authorization to Purchase a Table at the 2000 Cypress College
Americana Awards Banquet.
councilmember McGill said he had pulled this item because he wished to recognize
Cindy Warren of Cypress, who Is involved at St. Irenaeus School and used to be on the
Board of Directors of the BOyS and Girls Club. She Will be recognized at the event, as will
Yamaha, which will be awarded 'Business of the Year."
A motion was made by Mayor Pro Tern McGill, seconded by Councilmember Keenan
and carried by the following roll call vote that the city Council support the 2000 cypress
College Americana Awards Banquet by purchasing a table for ten at the cost of $1,500:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoV, Sondhi, MCGIII, PierCy
None
None
Councilmember Keenan noted that he had intended to pull Item NO. 9,
"Destruction of Police Records." He questioned why concealed weapons permits would
be destroyed after three years; Police Chief Hensley responded that the permits are
renewed on an annual basis. Chief Hensley also advised that the City of Cypress had
entered into an agreement with the Orange County Sheriff's Office, under which all
concealed weapons permits are handled strictly by the Sherlff's Department. At the
suggestion of the City Attorney, Councilmember Keenan asked to insert the word,
"expired" in front of Item C-2, if the council had no objection.
Item No. 11. Authorization for Attendance to the National Association of
Broadcasters Convention by the Video Production Coordinator and One (1) Cable TV &
Technology Commissioner.
This item had been pulled by Councilmember Sondhl in conjunction with Item 7, as
discussed under that item. A motion was made by Councilmember Sondhi, seconded by
Councilmember Keenan and carried by the following roll call vote that the City Council
authorize out-of-state travel for the Video Production Coordinator and one (1) Cable TV &
Technology Commissioner to attend the National Association of Broadcasters exhibit
show to be held In Las Vegas, Nevada, April 10-13, 2000, and be reimbursed for all actual
and necessary expenses incurred:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, Mccoy, Sondhl, McGIII, Piercy
None
None
Item NO. 12. Adoption of Resolution Commending Eagle Scout Gregory
Harrington.
Councilmember MCCOV said he had pulled the item because he thought it said a lot
for the City of Cypress when this type of young man Is being raised in the community. He
observed that he had never seen so many Eagle Scouts In one place before, and that he
wanted to personally congratulate Gregory Harrlngton.
Mayor Plercy said she wished to also congratulate him, as did Mayor Pro Tern
MCGilI.
A motion was made by Councilmember McCoy and seconded by Mayor Pro Tern
MCGIII that the city Council adopt the Resolution by title only, title as follows,
commending Eagle Scout Gregory Narrlngton:
Resolution No. 5191
A Resolution of the City Council of the City of Cypress,
Commending Boy Scout Gregory Harrington on Attaining
7
CITY COUNCIL MINUTES JANUARY 24, 2000
the Rank of Eagle Scout
The motion was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGiH, Piercy
None
None
ORDINANCES (Second ReadlncJ):
14. An Ordinance of the CIty Council of the CI~/of CvDress. Amending Chapter
16, Article XV, Of the Code of the CiL-y of Cypress, Modlfvincl Speed Limits at Various
Locations.
NO discussion regarding this Item was held. A motion was made by
Councilmember Keenan and seconded by Councilmember Sondhl to adopt the Ordinance
by title only, title as follows, amending Chapter 16, A~lcle XV, of the Code of the CIL'V of
Cypress MOdifying Speed Limits at Various Locations:
Ordinance No. 995
An Ordinance of the City Council of the city of Cypress
Amending Chapter 16, Article XV, of the Code of the City of Cypress
MOdifying Speed Limits at Various Locations
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
15. An Ordinance of the City Council of the Clty of Cypress, Amending Section
22-1 of the Code of the CItY Of CvDress Relating to Sewers and Sewage DiSpOSal.
Councilmember McCOV said he Still felt that other avenues of funding for the
sewer system should be investigated prior to imposing an increase in the sewer fees.
Councilmember Keenan said he agreed that grant opportunities should be pursued, but
that approving the second reading for this ordinance was a necessary measure at this
time.
A motion was made by Councilmember Sondhi and seconded by Councilmember
Keenan to adopt the Ordinance by title only, title as follows, Amending Section 22-1 of
the Code of the City of Cypress Relating to Sewers and Sewage Disposal:
Ordinance No. 996
An Ordinance of the CIty Council of the City of Cypress,
Amending Section 22-1 of the code of the City of cypress
Relating to Sewers and Sewage Disposal
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, MCGilI, Piercy
NOES: 1 COUNCILMEMBER: MCCOy
ABSENT: 0 COUNCILMEMBERS: None
16. An Ordinance of the City Council of the City of Cypress, California,
Amending Subsection 2-91 of Article IX of the Cypress City Code, Relating to Youth
Commission.
No discussion was held regarding this item. A motion was made bV
Councilmember Keenan and seconded by Councilmember McCoV that the City Council
adopt the Ordinance by title only, title as follows, Amending Subsection 2-91 of Article IX
of the Cypress Ci~/code, Relating to Youth Commission:
Ordinance NO. 997
An Ordinance of the Ci~/Council of the City of Cypress,
California, Amending Subsection 2-91 of AFEICle IX
of the Cypress City Code, Relating to Youth Commission
The motion was carried by the following roll call vote:
8
CITY COUNCIL MINUTES JANUARY 24, 2000
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, PlerCy
None
None
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER,
UNLESS EXTENDED BY THE CITY COUNCIL.)
17. Continuation of Public Hearing Regarding Conditional Use Permit NO. 99-11,
Request to Replace Three (3) Existing Commercial Buildings with a Full-Service Car Wash
Building and a Retail Commercial and Automotive Service Building, Located at 5501-5601
Ball Road.
AS a property owner residing within 300' of the proposed project, Mayor Piercy
recused herself from consideration of this item, and exited the dais. The Mayor Pro Tern
officiated In her absence.
The staff report for this Item was presented by the Community Development
Director, Alice AngUS. MrS. Angus reminded the Council that the matter had first come
before them at the meeting held on January 10, 2000, at which time the Council had
identified various issues requiring further consideration prior to granting final approval.
FOllOWing thorough research of those issues previously noted by the Council, the
conditions of approval for the car wash were amended In regard to limitations on car
wash business hours, provision of an employee break room/restroom facilities,
emergency access doorS to the rear landscaped setback area, driveway turning
movements and the height and design of the sound barrier wall.
As these issues have now been adequately addressed, staff's recommendation was
that the City Council:
1. Adopt a finding of De Minlmus Impact, approve the Negative Declaration
and Mitigation Monitoring Program, and direct staff to file a NOtiCe of Determination and
De Minimus Impact Exemption with the County Clerk-Recorder; and
2. Adopt the attached ResolutiOn for Approval of Conditional Use Permit NO.
99-11, subject to the amended Conditions of Approval In Exhibit "A" Of the Resolution.
Alternatively, the Council may choose to:
3. Continue consideration of conditional Use Permit No. 99-11, to allow the
applicant to revise the proposed project as directed by the city Council; or
4. Deny the project application and direct staff to return with a Resolution for
Denial of Conditional Use Permit NO. 99-11.
FOllOWing the presentation of staff's report, a motion was made by Mayor Pro Tern
McGilI, seconded by Councilmember MCCOy, and carried by the following roll call vote to
re-open the public hearing:
AYES: 4 COUNCiLMEMBERS: MCCOy, Sondhi, McGill
NOES: I COUNCILMEMBER: Keenan
ABSENT: I COUNCILMEMBERS: Piercy
The Mayor Pro Tern asked anyone wishing to speak to come forward.
FirSt to step forward was Chuck Lozano, Cypress resident. Mr. Lozano felt the
project would block the breeze to his proper~/, would result in the generation of
environmental waste, and was generally opposed to it. He thanked Mayor Pro Tern MCGill
for coming to his house.
Ken Natale, Cypress resident, also spoke In opposition to the project. He was
concerned about the residual smell from the products used at the car wash, in the event
that it closed. He also felt there was an overconcentration of car washes in the area, and
said that the lawn area In the rear of the car wash needed to have adequate routes of
ingress and egress.
DOug Browne, the applicant, next addressed the Council. Mr. Browne said that car
washes were not what they were years ago, and now had to comply With strict
environmental regulations. Water was purified, recycled and reused on the site, and
there were no smelly chemicals utilized anymore. Most of the products used are
biodegradable, and any leftover product Is resold or disposed of, If it Is not recycled. Mr.
9
CITY COUNCIL MINUTES JANUARY 24, 2000
Browne also had some concerns about Conditions of ApprOval Nos. 7, 36, 76 and 68, and
wondered If they could be modified by staff.
Mr. Browne also informed the Council that he was a general engineering
contractor and a C-29 masonry contractor, and that the problem area in the Lincoln
Avenue Streetscape mentioned earlier in the meeting was a result of high sulfur content
in the soil or in the concrete. The high sulfur causes the lime to leach out of the concrete
or the soil. Mr. Browne advised that a product by the name of "EFF-STOP" is available to
rectify this efflorescence.
Peter Gorzeman, Cypress resident, expressed surprlse that the public hearing had
been re-opened. Mr. Gorzeman felt the project to be a reasonable use for the property in
question.
The Mayor Pro Tern then closed the public hearing. Councilmember Keenan noted
that a car wash Is probably not the highest and best use for the properD/. He asked if the
project can be denied simply because It Is a car wash, and the City Attorney responded
that it could not. In response to a further question, the Community Development
Director responded that the car wash probably did not represent an over-saturation, and
that the use would be allowed If the market would Support it.
The Mayor Pro Tern agreed that staff and the applicant had worked hard to
develop this project, and while it was probably not the best use, it was a viable one.
Councilmember Sondhl agreed with this position, noting that Council often had a
difficult time reaching equitable decisions for all affected parties; Councilmember MCCoV
added his support, as well.
In regard to Mr. Browne's concerns regarding the Conditions of Approval, the
Council decided to add the words, "One (1) year bond..." to Condition NO. 36. In Condition
No. 7, words to the effect that "...all business activities shall occur within the building
except for the drying of vehicles associated with the car wash, which will occur on the
property..." will be added. The Public Works Director stated that Condition NO. 76 Will be
addressed at the time the design plan Is submitted, and can be easily resolved.
A motion was made by Councilmember Sondhi and seconded by Councilmember
Keenan that the City Council of the City of Cypress adopt the Resolution by title only, title
as follows, approvlng Conditional Use Permit NO. 99-11, with Conditions of Approval, as
amended:
Resolution No. 5192
A Resolution of the CIty Council of the CIty of Cypress
Approvlng Conditional Use Permit NO. 99-11, With Conditions
The motion Was carried by the following roll call Vote:
AYES: 4 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGili
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBER: Plercy
18. Public Hearing Reqardlnq an Application for a Speclal Permit to Conduct a
Secondhand Business for the Sale of Secondhand Children's clothing and TOys - Children's
Orchard, Located at 10135 Valley View Street.
Mayor Piercy returned to her seat at the dais, and resumed officlation of the
meeting. Alice Angus, Community Development Director, presented staff's report for the
subject application. She explained that the project represented a request for transfer of
ownership of an existing business, Chlldren's Orchard, located at 10135 Valley View Street,
Cypress, to MS. Kelly Gissel. There is a requirement that a Special Permit be issued when
such a transfer occurs, to allow the Cypress Police Department to conduct a background
check on the new owners/managers of a business.
The business includes the sale of new and used children's clothes, toys, and
equipment. No items are sold on consignment, and the applicant has no plans at this
time to Increase the floor space. The store will be open seven days a week; Monday
through Friday from 9:30 a.m. to 6:00 p.m., Saturday from 9:00 a.m. to 6:00 p.m., and
Sunday from 11:00 a.m. to 5:00 p.m.
The application does not constitute a project under the California Environmental
OualityActguldellnes. Therefore, no environmental documentation is required.
10
CITY COUNCIL MINUTES JANUARY 24, 2000
The Cypress Police Department has conducted the required background check On the
applicant, and found no Information to preclude MS. GlSSel from being issued a Special
Permit to conduct this business.
MrS. AngUS summarized that based upon the foregoing information, staff was
recommending that the City council:
1. Grant the Special Permit to allow secondhand sales at Children's Orchard
located 10135 Valley view Street, under the new ownership of MS. Kelly Gissel, subject to
the Conditions of Approval; or, alternatively:
2. Approve the application for a Special Permit for a secondhand business,
located at 10135 Valley View Street and operated by Kelly Glssel, DBA Chlldren's Orchard,
with modified conditions of approval; or
3. Deny the application for a Special Permit for a secondhand business,
located at 10135 Vallev View Street and operated by Kelly Gissel, DBA Children's Orchard.
FollOwing the presentation of the staff report, the Mayor opened the public
hearing. The Council had no questions, and the applicant did not wish to speak. No one
in the audience offered any comment, and the public hearing was closed. The
Councilmembers congratulated MS. Glssel on her acquisition of the business, and wished
her much success.
A motion Was made by Councilmember Keenan and seconded by Councilmember
McCoy that the City Council approve the application for a Special Permit to Conduct a
Secondhand Business for the Sale of Secondhand Chlldren's Clothing and Toys, Children's
Orchard, Located at 10135 Valley View Street. The motion Was carried bV the following
roll call Vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, McGilI, PiercV
None
None
NEW BUSINESS:
19.
Program.
Introduction of Procedures for Implementing an Administrative Citation
The Community Development Director, AliCe AngUS, presented the staff report for
this item. She reminded the Council that the Implementation of an Administrative
Citation Program had been presented to the City Council at a workshop held on
September 27, 1999. Staff's report had Included the goals, objectives and benefits of
establishing such a program, fine amounts to be imposed for first, second, third and
subsequent violations, and methods for satisfying a citation. In addition, several areas
requiring further Investigation and direction from Council were identified, including: 1)
designation of a hearing officer; 2) designation of a hearing location; and 3) drafting
Ordinance language.
In accordance with the Council's direction, staff has developed an Ordinance
establishing administrative citation procedures. Because of recent developments in case
law, the City Attorney recommended the hiring of an outside dispute resolution firm to
provide personnel who will serve as hearing officers. Finally, three locations have been
identified as appropriate locations for hearings: 1) the Administrative Conference Room;
2) The City council Chambers Conference Room; or 3) the Board Room.
In regard to the fiscal impact upon the City, Mrs. Angus advised that the
implementation of the Administrative Citation program will provide the City with the
opportunity to save fees associated with Code Enforcement actions that are referred to
the City Attorney for resolution. At the same time, it will generate revenue associated
with the imposition and collection of fines.
MrS. Angus concluded bV stating that staff's recommendation was that the City
Council:
1) Introduce and approve the FirSt Reading of the Ordinance establishing
Administrative Citation procedures;
2) Direct staff to identify alternative diSpUte resolution firms which will
provide personnel to serve as Administrative Hearing Officers on an as-needed basis; and
11
CITY COUNCIL MINUTES JANUARY 24, 2000
3) Direct staff to conduct Admlnistratlve Hearings at one of three available
locations at Cypress City Hall.
At the conclusion of staff's report, Mayor Plercy requested input from the Council.
Councilmember Keenan asked how the hearing officer services would be arranged; the
Community Development Director advised that there were various firms which provided
these services. These could be contracted through submission of RFPS, and the officers
could be pre-quallfled with certain criteria set by the City. Councilmember Keenan asked
if officers from both Los Angeles and Orange Counties could be utilized; the city Attorney
responded In the affirmative.
Councilmember Sondhi asked for an explanation as to how the administrative
citation process would work. She also wanted to ensure that violators who wished to
become compliant, but could not do so immediately because of financial concerns,
would be treated fairly. The Community Development Director assured her that that the
process was not structured to be punitive, and that each case was reviewed on its merits
in an entirely discretionary fashion.
MrS. AngUS further explained that the violator would originally be contacted by
Code Enforcement; If no response Were received, several letters would be sent, providing
the violator with a reasonable amount of time to correct the deficiency. If the violation
was not corrected, an administrative citation would be given, allowing 15 days to come
into compilance. If the situation were corrected within that time, no fine would be
imposed. If the violation were still not corrected, another citation would be Written.
This Would happen up to three times, after which a complaint would be filed In the court
system.
If a violator challenges any of the citations, the Code is now structured to allow
payment of the fine, and the opportunity to have the matter arbitrated before a hearing
officer. If the hearing officer finds in favor of the alleged violator, then any fines paid
Will be reimbursed. In the event of a contrary decision, If the alleged violator wishes to
appeal the matter, that would be done through the court system.
The City Attorney interjected that the main benefits to the City resulting from
such a program would be the speed wlth which violations are handled, and the cost
savings incurred.
Councilmember Keenan noted that the flexibility allowed by the program was a
real advantage.
A motion was made by Councilmember McCoy and seconded by Mayor Pro Tern
MCGiII to approve the First Reading of the Ordinance by title only, title as follows,
amending Sections 1-7 and 1-12 of Chapter 1 of the Cypress Municipal Code, Relating to
Administrative Citation Procedures:
Ordinance No.
An Ordinance of the City Council of the City of Cypress
Amending Sections 1-7 and 1-12 of Chapter I of the
Cypress Municipal Code
Relating to Administration Citation Procedures
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
20. Approval of Commercial Warrant Lists for Warrant NOS. 41334 - 41526.
A motion Was made by Councilmember Keenan, seconded by Mayor Pro Tern
MCGIII, and carried by the following roll call vote (with Councilmember Keenan abstaining
on 41354, 41355 and 41419), to approve the City of Cypress Commercial Warrant List for
Warrant NOS. 41334- 41526 totaling $1,042,562.17:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, MCCoy, Sondhl, McGilI, Pier~y
None
None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, ACting as the Ex OffiCiO
Governing Board of Directors.
12
CITY COUNCIL MINUTES JANUARY 24, 2000
21. AdODtlon of Mltlqated Neqatlve Declaration for the Veterans Park "Skate
Plaza" and Adoption of Plan to Construct a 4.000 Square Foot "skate Plaza" Within Veterans
Park.
Recreation & Parks Director Marvin DeCarlo and Mr. Steve ROSe Of PUrkiSS-ROSe-RSI
approached the podium. Mr. DeCarlo presented the staff report for this item, and
displayed a visual presentation, assisted by Mr. ROSe, Of the proposed facility. Mr. DeCarlo
recited a chronology of the project, beginning with its submission to the City Council by
the Recreation and Community Services Commission on July 13, 1998. At that time, a
draft mitigated negative declaration for the project had also been prepared. The project
was not approved by the Council, who, at that time, directed staff to conduct further
study.
FOllOwing direction from the City Council not to consider Veterans Park or the
wicker Drive property as potential sites, a Commission-appointed Task Force conducted a
seven-month study of potential sites for a skate facility, and came up with the following
recommendations:
1. Install a 4,000-8,000 sq. ft. facility at Oak Knoll Park;
2. construct a "streetscape-style" facility whlch will attract a younger clientele,
and feature amenltles not to exceed 42" In height;
3. Consider Vacant property north of Lincoln and Walker and Veterans Park as
potential sites for skate facilities to include small, low profile skate features.
Following these recommendations, the City Council authorized the
reconsideration of veterans Park as a potential Skate facility location at Its meeting of
AuguSt 9, 1999. Many citizens present at that meeting voiced concern about safety issues
at that time. It was also suggested that the Nature Park be considered as a potential
location for the skate facility.
After investlgatlon by staff, the Nature Park was found to be inadequate for a
skate facility, as it may flood during the rainy season, has the tendency to contain debris,
and would be difficult to supervise and patrol.
At a subsequent workshop held with the City Council on November 22, 1999, staff
requested that the Council provide direction in consideration to the concepts of
constructing a "skate plaza" and/or "linear skate plaza" In relationship to the Veterans Park
proposal. The former is not a typical skatepark, but is placed in a park setting and
structuraliv designed to result in an aesthetically pleasing feature that will attract
younger skaters. The second could be placed near Watson Street and Crescent Avenue,
would contain Various challenges, would be buffered by trees, and would take up the
least park space. This latter concept is one that could be considered for installation
throughout the Clty's parks through the Implementation of a master plan.
Mr. DeCarlo advised that S65,000 Is currently available for construction of a skate
facility. The 4,000 "skate plaza~ would cost approximately $60,000-$70,000. An alternative
faclllty 4,200 sq. ft. in size could be completed for an estimated cost of $85,000, while one
of 7,500 sq. ft. would cost about S150,000.
He said that staffs recommendation was that the City Council, acting as the ex
officio Board of Directors of the Cypress Recreation & Park District, take the following
actions:
1. AdOpt the Negative Declaration for the Veterans Park 4,000 sq. ft. "Skate
Plaza" project; and
2. Approve the 4,000 square foot "Skate Plaza" design, and direct staff to
complete final design and specifications for future Council approval.
Mr. DeCarlo provided the following alternative actions which could be taken by the
council:
1. construct a 4,200 sq. ft. skate facility, as recommended by the Recreation &
Community Services Commission, similar to Huntington Beach's Murdy Park and the skate
facility near Huntington Beach High School.
2. AS recommended by the Skate Park Task Force, construct a 7,500 skatepark
facility at Oak KnOll Park.
13
CITY COUNCIL MINUTES JANUARY 24, 2000
3. Construct a plaza concept at Arnold/Cypress and Oak Knoll park, and at a
park located In the southern portion of the city, as recommended by both the Skatepark
Task Force and the Recreation and Community Services Commission.
At the conclusion of Mr. DeCarlo's presentation, the City Attorney asked to
interject some comments requiring the environmental review for the project. He
explained that the prior environmental review which had been completed, was done for
a project projected to be 7,500 sq. ft. In size. The current project measured 4,000 sq. ft.
Mr. Wynder compared the situation under review to a prior situation concerning the
environmental review for an OIson Company project undertaken at Gay and Dennl
Streets. Neighbors unhappy with that project challenged it, based upon lack of
appropriate environmental review. The Clty'S legal position was that environmental
review for the most intensive conceivable use for the site had been conducted, a less
intensive use was approved; therefore, addltlonal environmental review was not done.
The legal argument in response was that the California Environmental Quality Act (CEQA)
requires that all projects be reviewed, which was not done for the project that was
ultimately approved. The problem was finally resolved, but the City Attorney does not
want the City exposed to the potential for this type of challenge again. Hence, should
any project other than a 7,500 sq. ft. skate park be approved, additional environmental
review shall need to be completed. Mr. Wynder advised the Council that they should
identify three items in regard to the skate facility; (1) its size; (2) its features; and (3) its
location. Once that process had been completed, then it could be determined if
additional environmental review would be necessary; and, if so, what type.
Mayor Pro Tern MCGill spoke at length regarding the proposed project, making the
following observations: the Nature Park was not a good location for a skate facility; he
could understand how a 7,500 skate faclilty may negatively impact property Value, but
doubts that a 4,500 facility would have the same effect; the value of the Wicker Drive
property ($5 million dollars) is too high to Justify using it for a skatepark; the "safety"
argument can not be used against the skate faclllty placement at Veterans, as there are
also volleyball/basketball facilities adjacent to Ball Road; Veterans Park is currently under-
utilized, making it a good location for a small skate plaza; and the smaller design is
preferable to the previously discussed larger sized facility, and It is also aesthetically
pleasing.
The Mayor added that, in general, she supported the Mayor Pro Tem's comments.
She noted that while trying to satisfy everyone, no one is satisfied. Mayor Piercy also said
that at least a skate facility will be provided; and, as It will not be as large as originally
planned, it should not attract skaters from other areas. She mentioned several
communications she had received requesting a skate facility.
Councilmember McCoy reminded the Mayor that the issue began in 1998, when
Cypress residents first appeared before the Council to address it. He asked that the
videotape of that meeting be shown. (There was, however, no audio projected into the
Council Chamber.) Councilmember MCCOy noted that during the meeting shown in the
video, residents spoke overwhelmingly against the skate facility. He said that during the
same meeting, then Councilmember Piercy had challenged the residents to "be part of
the solution"; and that they should volunteer to find an appropriate location for the
skatepark. At that time, several citizens volunteered to participate by submitting their
names to Mr. DeCarlo; however, Councilmember McCoy Said that no one who Volunteered
was selected.
Councilmember MCCOy had issue with Mr. DeCarlo's saying that the Nature Park was
closed five-to-six months of the year, maintaining that rain does not fall five-to-six
months during the year. He further stated that "lack of supervision" was not a good
reason to discount the Nature Park, as there was no supervision present at Veterans Park,
either.
Councilmember MCCOy also mentioned that recent legislation shielding cities from
liability resulting from accidents involving skateboarders 14 years and older had no
provision for children under the age of 14. He said that across the nation, more than
80,000 skateboard accidents requlre emergency room treatment per year.
Councilmember McCoV said the CitY of Cypress was too small to handle a large risk
exposure. He further felt that safety issues precluded a skate facility from being installed
at Veterans Park.
Councilmember MCCOy expressed disappointment that while in the past
Councilmembers have made personal efforts to investigate projects allegedIV affecting
residents' quality of life, he did not feel that similar efforts were expended in this
instance. He said there were other sites In Cypress that could be used for a skate facility,
including vacant property near LinCOln Avenue and Walker Street. He maintained that he
had spoken with OCTA, owner of the property, who stated that they had never been
14
CITY COUNCIL MINUTES JANUARY 24, 2000
contacted regarding the parcel; even though Councilmember McCoy had been informed
bV the Director of Recreation & Parks that It would only be available on a year-to-year
lease.
Councilmember McCoV also observed that when the Skatepark Task Force
Identified Oak KnOll Park as an appropriate location, that suggestion was denied In a very
brief period of time~ partially as a result of residents' objections. He Wanted to know why
the concerns of the residents of Sorrento Were not given equal consideration.
Councilmember McCOV said that because the Cypress parks were small in
configuration, it would not be possible to install a facility without affecting someone's
quality of life. He summarized by saying that alternative sites for a skate facility have not
been adequately addressed, and that he would like the Council to direct Mr. DeCarlo to
review all possible locations (including the vacant property at Lincoln and Walker, the
Wicker Drive property, the Nature Park, etc.), and provide reasons why each was not
explored as a potential site for a skate facility.
The Mayor Pro Tern offered his understanding and agreement with many of
Councilmember MCCOV'S issues. However, he felt the configuration of the Nature Park
would not lend itself to a skate facility, mentioning that the property abutted
neighboring residential property, noting parking issues, and mentioning the possibility of
flooding. He also said the facility could be moved back from its proximity to Ball Road, in
order to mitigate any safety concerns.
Councilmember Sondhl observed that consideration of the skatepark issue had
been "a long and arduous process for all of us", and said that no one had the "best and
the right answer." She felt that the Mayor had come closest when observing that the
needs of everyone in the community could not possibly be met on this issue.
Councilmember Sondhl noted that while there may be some research which still could be
completed, an exhaustive review process by many groups had already occurred over the
past couple of years.
Councilmember Sondhi opined that the concept of the skate plaza was more of a
landscape feature than the facility previously considered. Because of its size and
aesthetics, it appeared to be preferable to the larger facility. She also said that the entire
problem could probably be solved If all of the benches, curbs, planters and other
masonry features in Cypress were retrofitted with steel rails for the skaters.
Councilmember Sondhi expressed the hope that skaters would not skate on the Police
Memorial. Councilmember Sondhl rhetorically 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. She said that while she empathized with the
residents of Sorrento, she felt that very strong efforts had been expended toward
developing an attractive, acceptable facility.
Councilmember Sondhi then questioned whether any controversy occurred when
the covered picnic shelter was constructed, and said it was probably never an issue. She
noted that the skate plaza use was a Viable one for community parks serving the various
needs of different members of the community, and that it can be utilized bV other
members of the community for eating their lunches or enjoying the scenery when
skaters are in school. Councilmember Sondhl expressed the hope that a skate facility will
offset some of the damage done by skaters to the new masonry features on Lincoln
Avenue.
Councilmember Keenan acknowledged the extensive research completed bV
Councilmember MCCOy, as well as his compelling arguments. However, Councilmember
Keenan said there were currently unadvertlsed skate facilities in Cypress, including the
courtyard of Oak Knoll Park, near the steps and picnic shelter in Veterans Park, Union Bank
on Ball Road, underneath the Council Chambers at City Hall. Councilmember Keenan
remarked on the ubiquitous wax marks left throughout Cypress bV skateboarders.
Because of these uses, Councilmember Keenan noted the demand for a skate facility
would be difficult to ignore.
He said that the plaza concept may not be acceptable to "hard core skaters", but it
represented a compromise, and demonstrated that some steps had been taken In
attempting to solve the controversy related to this issue. in regard to liability issues,
Councilmember Keenan referred to the lake at Willow Park, saying that it could create a
tremendous liability exposure for Cypress. He observed that it would not be possible to
close down every facility In the city simply because of potential liability.
Councilmember Keenan said that Huntlngton Beach has not been served with any
lawsuits since their skate facility opened. He further noted that Veterans Park is under-
utilized, whereas the other parks in cypress are heavily used.
15
CITY COUNCIL MINUTES JANUARY 24, 2000
In response to Councilmember Sondhi's point regarding the picnic shelter,
Councilmember Keenan stated there was some resistance to that project when it was
undergoing the review process.
He summarized his comments by observing that the plaza concept represented a
compromise.
Councilmember McCoy noted that further consideration should be given to the
construction of the linear skate facility, rather than spending all of the available funds for
the skate plaza. He said If the facility was downsized, some of the concerns of the
residents would be addressed, because It would not be as intrusive. Further, more funds
would be available for other skate facilities.
The Mayor Pro Tern requested the Interim City Manager to comment on the fiscal
aspect of the skate facility. Councilmember Keenan interjected that the monies available
for the facility are not Sufficient to finance the skate plaza concept. However, he noted
that the Council can make a commitment to funding the linear concept in the future, as
well as elements which are needed in other parks. Councilmember Keenan said there are
creative financing opportunities available to fund the project, including applications to
the State of California and CDBG funding.
The Mayor requested that a motion one way or another be made by a member of
the council, so that they could proceed.
Councilmember MCCOy said that he would like to hear the other councilmembers'
opinions on downsizing the facility, as $10,000 has already been spent.
The Mayor Pro Tern asked the Interim City Manager for an approximate time line as
to when funds may be available for this project. Mr. Storey responded that revenues
generated for the Park DistriCt equal their expenditures for normal operations.
Therefore, capital projects such as the one under consideration are funded by Park
Development Fees, which are generated by housing development within the City. At this
time, there is enough money in the budget to fund some type of skate facility, but
probably not enough to fund the skate plaza as proposed, without having to return to
Council to request additional monies.
Mr. Storey added that money was available from Park Development fees cOlleCted
from hOuSing development in the north of the City; these are funds which were not
projected In the budget. He said that additional skate facilities could be added as part of
the Capital Improvement Program for future years, the possibility of funds or grants
becoming available could be investigated. Councilmember Keenan advised that the
current funding became available from a surplus of general fund money from a previous
year.
Councilmember MCGIII said he would not be In favor of downsizing the skate plaza,
but was in favor of installing small skate facilities In parks throughout the City.
Mayor Piercy said at this point she is not in favor of splitting the funds and
downsizing, and that smallest facility she would approve is the 4,000 sq. ft. skate plaza.
A motion was made by Councilmember Sondhl and seconded by Councilmember
Keenan, that the City Council, acting as the ex offlcio Board of Directors of the Cypress
Recreation & Park DistriCt, adopt the plan to construct a 4,000 square foot "Skate Plaza"
within Veterans Park, and direct staff to complete further environmental review and
develop design features to be included within the skate plaza.
After the motion had been made and seconded, Mayor Pro Tern McGill asked that a
timer be added to the light panel on the basketball court, so that no one is "thumping a
basketball" at 1:00 a.m. councilmember Keenan asked that the 4,000 sq. ft. configuration
include the plaza itself, and not necessarily the landscaping, as he felt the Size of the
facility would otherwise be too small as proposed. Councilmember Sondhi mentioned
that was her intent when making the motion. The Mayor Pro Tern asked staff the number
of square feet represented in the drawing. Mr. DeCarlo responded that the entire
colored area was 10,000 sq. ft., and that the concrete area represented the 4,000 sq. ft.
The motion Was carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS:
I COUNCILMEMBER:
0 COUNCILMEMBERS:
Keenan, Sondhi, McGilI, Piercy
MCCOy
None
16
CITY COUNCIL MINUTES JANUARY 24, 2000
In response to a question posed by Counciimember Keenan, the City Attorney
advised that it would now be necessary to prepare additional environmental review. He
said that the real question was whether a new or updated environmental review would
be necessary, but he could not advise either way at this time.
Mayor Piercy summarized that the size and location of the skatepark had been
decided that evening. The City Attorney added that staff had been directed to return to
Council with further design specifications, to include features. The Mayor Pro Tern
mentioned and the Mayor requested that when the design features are developed, that
the plaza itself be set back from the street approximately 10'-15'.
22. Approval and Acceptance of the Contents of a Time Capsule and Placement
as Recommended by the Cultural Arts Commission.
Marvin DeCarlo, Recreation & Parks Director, presented the staff report for this
item. Mr. DeCarlo reported that during a meeting held on January 6, 2000, the Cultural
Arts Commission recommended that the City Council approve the suggested material to
be included In a time capsule, and to determine a location in which to place it in the Civic
Center complex.
He stated that Commissioner Bloom had assumed responsibility for the project,
and over a two-month period had collected items from 21 contributors to be included in
the capsule. Staff's recommendation was the City Council approve the items to be
included in the capsule, and to determine Its actual placement within the Civic Center
complex, to be effected at a later date.
FOllOwing the staff presentation, Mr. DeCarlo advised that Julian BlOOm, who had
originally been scheduled to make the time capsule presentation, was not able to remain
at the meeting. Mr. DeCarlo then invited Paula English, Chairperson of the Cypress
Cultural Arts, to come forward in his stead.
MrS. English addressed the Council, and referred to a list previously submitted to
the Councilmembers which contained a description of all the items to be contained in
the time capsule. She noted that 22 groups from the City of Cypress were represented,
and thanked Julian Bloom for spearheading the project, as well as Curtis BIOCh who
assisted him. She also expressed thanks to Doug DeBerg from the LDS Church who placed
the material on microfilm. MrS. English noted that a time capsule in which to place the
collected material has already been purchased for placement somewhere on the Civic
Center grounds.
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, acting as the ex
officio governing Board of Directors of the Cypress Recreation & Park DiStrict, approve
and accept the contents of a time capsule, and directs the Cultural Arts Commission to
develop a presentation ceremony and location for placement of the capsule.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Keenan, McCoy, Sondhi, MCGIII, PlerCV
None
None
23. Approval of Non-Profit Organizations Contribution Policy to be
Implemented July I, 2000.
Director of Parks & Recreation DeCarlo presented staff's report for thls item.
Mr. DeCarlo reminded the Council that on November 8, 1999, Council directed staff
to proceed In developing a Non-Profit Organization Contribution Policy, based upon an
outline which had been submitted to the City Council. Previous Council direction had
requested that an analysis of the prevailing policy be conducted, followed by a proposal
for revision that would be equitable and provide protection for each organization and
for the City.
When conducting this study, identification of non-profit groups with Which the
City has become associated and the type of support provided was very important. In
addition, the current level of support provided that was directed by previous city Council
action or indicated by specific programming needs had to be considered. Mr. DeCarlo
noted that the City's policy on providing support for these community organizations has
become very unclear.
In order to rectify the situation, staff is proposing the implementation of a Grant
Request Program, based upon the City's Non-Profit Contribution Policy Which was
adopted by the City Council in November of 1998. This program Would give non-profit
17
CITY COUNCIL MINUTES JANUARY 24, 2000
organizations an opportunity to request direct funding and indirect (in kind) services for
specific programming needs.
Staff met with community non-profit organizations on September 22, 1999, to
discuss the new non-profit policy which had been developed, prior to submitting it to
the Council for approval. Several matters of concern to those groups were raised at that
meeting: 1) a potential requirement to have Directors and Officers Insurance; 2) the
possible loss of currently provided support services from the City; and 3) the need to
receive approval for planned events months In advance, In order to ensure adequate
planning.
Because of the high cost of Directors and Officers Insurance, staff's
recommendation was that it not be required for non-profit organizations. However, it
was recommended that evidence of insurance be provided for not less than $1 million
per event for non-profit organizations.
The Grant Requests should initially contain a request for financial support over a
two-year period, and should include requests for cash grants, indirect services (including
staff support), waiver of fees for use of facilities, and requests to offset costs Incurred for
graphic design and advertising materials. NO fees are charged for use of the two
conference rooms at the Community Center, or other meeting rooms at the Center
during "off" hours (9:00 a.m. to 5:00 p.m.).
Staff was recommending that the following criteria be met in establishing the
policy for contributions to non-profit organizations:
1. Utilization of the Grant Request Program, through the budget process,
when requesting funds or in-kind services;
2. Provision of Special Event Liability Insurance in a minimum amount of $1
million dollars per event, naming the city of cypress/cypress Recreation & Park District as
additional lnsureds;
3. The non-profit organization's bylaws shall not call for the office of a
Commissioner or City Councilmember to be represented on its Board of Directors or in its
general membership;
4. The non-profit organlzation's bylaws shall not be in conflict with any
state/federal statutes;
5. At least fifty-percent (50%) of the membership of the non-profit
organization must reside In Cypress, to be considered as highest priority.
At the conclusion of the staff presentation, the City Attorney attempted to add
some clarification to the reason for the policy. He stated that some years ago, events
occurring in connection with the Cypress Community FeStival caused the city Attorney to
investigate the relationships between the City and its committees, commissions and non-
profit entities. They discerned that there was a large amount of confusion regarding the
non-profit status of some entities. In order to establish clearly delineated relationships
and the non-profit organizations, and without discouraging their worthwhile activities, it
was necessary to establish clearly defined guidelines for non-profit organizations and
their respective relationships with the City. Mr. Wynder explained that the grant process
contained in the policy under review represented the culmination of those investlgatlve
efforts.
Councilmember Keenan questioned the use of City conference rooms after hours.
Mr. DeCarlo said that one of the understandings In place when the Community Center was
constructed in 1975, was that the conference rooms be available at no cost to non-profit
organizations. The Senior Center Is available to non-profit organizations that are
considered co-sponsored by the City, but not to the general public, without a fee. Mr.
DeCarlo advised that evening uses may or may not be allowed, depending upon the
activities occurring at the time the facility is requested. FOr that reason, the policy does
not address the question of making the rooms available to an organization In the evening
hours.
Councilmember MCCOy referred to Attachment "A." He questioned the entry for
the Orange County Human Relations Commission, and wanted to know how that
Commission contributed to Cypress. Police Chief Hensley responded that the
organization provided training, press relations, assistance on hate crime issues, and
workshops for City law enforcement staff regarding cultural sensitivity issues.
Councilmember MCCOy then ascertained that the total cost for the services of this
organization was $2,500 per year, whether their services were not used at all, or if their
19
CITY COUNCIL MINUTES JANUARY 24, 2000
services were needed every day. Chief Hensley advised that every city in Orange County
was a member of the Human Relations Commission.
Mayor Piercy added that thls organization ls also Involved in the schools, and the
same fee Is charged. Inservlces are provided for the students bV the organization.
Mayor Plercy asked If the S41,000 value attributed to the Civic Theatre covered the
cost of maintaining the fields under the Civic Theatre/Oxford Academy use agreement.
Mr. DeCarlo answered in the affirmative, and said that It represented the Clty's cost in
maintaining those fields. In response to further questions, Mr. DeCadO said that if an
organization requests a waiver of fees or use of a facility, the CIty will assign the value of
the use.
Councilmember Sondhi asked If this policy represented an effort to place all non-
profit organizations "on a level playing field" based on the criteria therein. Mr. DeCarlo
responded in the affirmative. In response to further questions, Mr. DeCarlo said that the
amount made available to organizations will depend on various factors, and will
ultimately be decided by the Council based upon the review of the request and the
criteria outlined In the policy.
A motion was made by Councilmember Keenan and seconded by Councilmember
Sondhl that the City Council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, (I) approve the Non-Profit Organization Contribution
Policy for implementation on July 1, 2000; and (2) that the first year applications for
grants include fiscal year 2000-2001, as well as a preliminary request for the fiscal year
2001-2002. 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
CYPRESS REDEVELOPMENT AGENCY MATrERS:
Cypress Redevelopment Agency.
The Cypress City Council, ACting as the
There were no matters to consider.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
Mayor Piercy requested reports from the Councilmembers on their respective
Committee assignments.
Councilmember Keenan - Elected to a seat representing at-large cities on the
Orange County Council of Governments Board at the last League of California Cities
meeting.
Artended first Council of Governments meeting as a member. SCAQMD Proposed
RUle 1190 reviewed - will have serious impact on cities, which will require use of low-
emission vehicles. AlSO discussed at OCTA Board Meeting. Centerline Technology
Workshop scheduled at the end of March also discussed at OCTA meeting.
Councilmember Sondhl - During second week of January, attended very interesting
tour, scheduled by Orange County Housing Commission, of a Variety of affordable
housing units throughout Orange county.
Mayor Piercy - Artended League of California Cities meeting. Grand Jury of the
Superior Court of Orange is currently recruiting until Monday, January 31st. Orange
County has committed to eradicating fire ant lnfestatlon.
Mayor Pro Tern MCGill - Artended several D.A.R.E. graduations.
Councilmember McCoy - FIre Authority meeting scheduled on Thursday.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
There were no matters to consider.
WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda.
There were no matters to consider.
ADJOURNMENT:
19