Minutes 97-02-24MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 24, 1997
The Regular Meeting of the Cypress City Council was called to order on Monday, February
24, 1997 at 4:32 p.m., in the Administrative Conference Room, City Hall, 5275 Orange
Avenue, Cypress, Mayor TOm Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Jones, Keenan, Piercy and Carroll
None
Also present were City Manager Mark Ochenduszko, Public Works Director Mark
Christoffels, Community Development Director Chris Kelly, City Planner Alice Angus and
CBA Consultants Karen Warner and Laura Stetson.
WORKSHOP SESSION:
Lincoln Avenue Street Improvements, C.I.P. NO. 96-41:
In these discussions, the plans which have been adopted by the Council in the past,
related to long-term consideration of widening Lincoln Avenue, along with its ties to the
need for street scape, analysis of set backs and the Specific Plan.
Zoning Code Update:
ACtivities taking place to update the zoning code were reviewed. An important
distinction was drawn between an update of the code and change of zoning on various
parcels. The update would relate to a review of City rules for zoning and will be drafted
as part of the study and the item will come back to the Council for consideration.
COUNCILMEMBER BOWMAN LEFT THE WORKSHOP SESSION AT 5:20 P.M. AND RETURNED TO
THE SESSION AT 6:00 P.M.
RECESS: Mayor Carroll recessed the meeting at 6:10 p.m. to enable the Council to resume
their meeting in the Council Chamber. The meeting reconvened at 6:15 p.m. with all
Councilmembers present. Also present were the City Manager, City Attorney and staff
member Bacock.
CLOSED SESSION: The Mayor immediately recessed the Council meeting to enable
Councilmembers to enter into Closed Session to consider the agendized items of
Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)
Workers' Compensation Appeals Board Case No. VNO 0300742, VNO 0300743, Chrysteen
Massey; Disability Claim - Case #G020648, Jon Hockey; Conference with Real Property
Negotiator (Government Code Section 54956.8) on properties located at 5362 Crescent
Avenue and 5200 Lincoln Avenue, Cypress and the Liability Claim (Government Code
Section 54956.95) of Jill Valerio.
The meeting reconvened at 7:00 p.m. with all Councilmembers present. AlSO present
were the City Manager, City Attorney and staff members Bacock, Christoffels, Davis,
DeCarlo, Kelly and Wicker.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tem Jones.
PRESENTATIONS:
Mayor Carroll introduced Evan Garrison and his family. The Mayor advised that he had
received a letter from Master Garrison inviting him to dinner; however, he was unable
to attend but invited Evan and his family to a Council meeting. Mavor Carroll then
presented Evan and his brother with some gifts from the City.
Loyalty Oaths were administered and Mayor Carroll presented Certificates of
Appointment to the Newly-Appointed Alternates to the Senior Citizens Commission,
Patricia Christopher and William Reimer.
Mayor Carroll referred to several letters that he had received from:
CITY COUNCIL MINUTES February 24, 1997
The Honorable Dennis Nolan, Nevada State Assembly, congratulating Agent AI
Watts for personally returning his stolen cell phone;
Westminster Police Chief congratulating the Cypress Police Explorers who helped
patrol the streets at the TET parade;
Marilyn Curran who spoke about Officers Jim Olson, Mike Lyons and Dispatcher
Kim Van Tilberg and was impressed with the work those officers have done;
Mr. Carl Marquardt thanking Officers Hoang and Tom Bruce in their attempt to
save his wife's life;
Mr. Nick van Kampen about his ride along with Officer Eric Mount;
Cerritos School giving a Special Personal Recognition to Community Service
Officer Pain Kelch;
Swain School presenting Officer Thomas Siviglia with a Special Award; and
Ms. Donna HOpe who had written a letter to the Public Works Maintenance
Department commending them for their work.
The Mayor quoted from a letter received from Shaw Industries, "1 would encourage
appropriate action be taken against any vehicle illegally operated or parked in any area
surrounding our facility. If a vehicle we control is involved, appropriate internal action
will be taken along with any legal consequences that may result."
Mayor Carroll announced that he and Councilmember Keenan met with Mr. Sal Hassan
concerning his request to build a commercial facility on the corner of Cerritos and Valley
View. Mr. Hassan presented his new configuration, and Mayor Carroll and
Councilmember Keenan made no comments for or against the project.
On February 20, the Arthritis Foundation held a kickoff breakfast for their Mini-Grand
Prix.
Also on February 20, representatives from the City of Cypress went to Sacramento to
receive the Helen Putnam Award for excellence in Economic and Community
Development Partnerships. This was a partnership between the developer, the City of
Cypress and the Cypress School District to build the senior housing project on Lincoln
Avenue. Governor Pete Wilson personally presented the award to the City of Cypress.
Mayor Carroll said that he had very little to do with obtaining this award; it was done
before he was on the Council and he would not take credit for something he did not
do, but as Mayor he did accept the award for the City.
On Saturday morning, February 22, the Girls Softball League conducted their opening
ceremony at Cypress Arnold Park, with most of the Councilmembers present.
On Saturday evening, February 22, the Council attended the Cypress College Americana
Awards Ceremony and Darrell Essex, former City Manager of the City of Cypress was one
of the honorees.
On February 10, 1997, a lawsuit against the City of Cypress was settled in appellate court
and the Mayor asked the City Attorney to explain that settlement. The City Attorney
said that the 4th District Court of Appeal issued a ruling which affirmed the trial court's
decision in 1995 supporting the City of Cypress in the Citizens of Cypress Association vs.
the City of Cypress and Warland Investments lawsuit, which involved the Shaw project.
On February 10, 1997, the Appellate Court, by a unanimous decision, did uphold the
City's actions. He mentioned that the legal fees that were spent on behalf of the City of
Cypress were reimbursed and are continuing to be reimbursed by Warland Investments.
Mayor Carroll said he hoped that this issue would be buried, proceed with the future of
Cypress and he expressed pleasure that there was no future liability to the City of
Cypress.
Mayor Carroll mentioned some of the events that are coming up in the future:
February 28, State Senator Ross Johnson will be present for a breakfast.
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CITY COUNCIL MINUTES February 24, 1997
March 1, the Cypress Federal Little League will conduct opening day ceremonies.
Councilmembers Bowman, Keenan and Piercy will attend.
March 1, at 7:00 p.m., Cypress High School Grad Nite has a "Reach for the Stars"
auction dinner attempting to raise money for grad nite.
March 7, from 7 to 11 p.m., Hot Line of Southern California will conduct "Bringing
in the Green" festivities at the Cypress Senior Center.
REVIEW OF CLOSED SESSION AGENDA:
The City Manager summarized discussions conducted during the Workshop Session on
the Lincoln Avenue Street Improvements and Zoning Code Update.
The City Attorney reviewed discussions held during closed session on those agendized
items of: conference with legal counsel on a disability retirement and workers'
compensation claims, conference with real property negotiator on two pieces of
property in Cypress and one tort liability claim.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. No one
spoke
AWARD OF CONTRACTS:
AWARD OF CONTRACT FOR STORM DRAIN REPAIR WORK AT CORPORATE AVENUE, PUBLIC
WORKS PROJECT NO. 9643: The Public Works Director presented the staff report which
recommended an award of a construction contract for street and storm drain repair
work on Corporate Avenue. The Project consists of removal of a damaged section of
street, repair or replace damaged sections of existing storm drain laterals as necessary
and repair of the sunken areas of pavement.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to:
Determine the lowest responsible bidder for Public Works Project NO. 9643 tO be
Grbavac Construction Company, Inc.; and
o
Award a contract for street and storm drain repair at Corporate Avenue, to
Grbavac Construction Company, Inc., 10519 Freer Street, Temple City, California
91780, in the amount of $15,620.00 (award amount of $14,200.00 plus 10%
contingency).
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Jones asked that Items NO. 8 and 13, Adoption of Resolution Repealing
Resolution No. 4625 and Adding Oral Communications Prior to Consideration of Business
Matters at the City Council Meetings and Recommendation from the Cable TV
Commission - Encourage the City Council to Have a Presentation from Continental
Cablevision, Regarding Current and Future Technology of the Local Cable TV System,
respectively, be removed.
Councilmember Bowman requested that Item No. 11, Approval of the Plans and Design
Specifications and Authorization to Advertise for Bids for Public Works Project NO. 9631,
Slurry Seal of All Residential Streets, Located North of Orangewood Avenue, EaSt of
Holder Street, and West of Knott Street, be pulled.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
approve the Consent Calendar Items NO. 2 through 15, with the exception of Items No. 8,
11 and 13. The motion unanimously carried by the following roll call vote:
CITY COUNCIL MINUTES February 24, 1997
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item NO. 2: Motion tO Approve City Council Minutes of February 10, 1997.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
February 10, 1997, 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 Reading.
Item No. 4: Proclaiming March 2-8, 1997, as "Save Your Vision Week.n
Recommendation: That the Mayor and City Council officially proclaim March 2-8, 1997, as
"Save Your Vision Week" in the City of Cypress.
Item No. 5: Adoption of Resolutions Commending Eagle Scouts Brian William Cramp and
David Browning Cramp.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, commending Eagle Scouts Brian William Cramp and David Browning Cramp.
RESOLUTION NO. 4761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT BRIAN WILLIAM CRAMP ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT DAVID BROWNING CRAMP ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 6: Proclaiming March 16-22, 1997, as "California Mediation Week."
Recommendation: That the Mayor and City Council officially proclaim March 16-22, 1997,
as "California Mediation Week" in the City of Cypress.
Item No. 7: Proclaiming March 20, 1997, as "Absolutely Incredible Kid Day.'f
Recommendation: That the Mayor and City Council officially proclaim March 20, 1997, as
"Absolutely Incredible Kid Day" in the City of Cypress.
Item NO. 9: Monthly Investment Program for the Month of January 1997.
Recommendation: Receive and file.
Item No. 10: Acceptance of Resurfacing Council Chamber Deck and Stairways, Public
Works Project 9627, Request for Quotation No. 9697-6.
Recommendation: That the City Council: 1) ACCept the project for Resurfacing of the
Council Chamber Deck and Stairways, Public Works Project No. 9627, as being
satisfactorily completed in substantial conformance with the project specifications; and
2) Approve the final retention payment of $1,740.00 to Virgil Vasquez Property
Maintenance, 3463 State Street, Suite 256, Santa Barbara, CA 93105, 35 days after the
Notice of Completion is filed, if no claims or objections have been filed, and upon the
Director of Public Works' concurrence.
Item No. 12: Acceptance of the Senior Center Storage ROOm and Trash Enclosure, Public
Works Project No. 9550.
Recommendation: That the City Council: 1) AcCept the project for Construction of a
Storage Room and Trash Enclosure at the Senior Center, Public Works Project NO. 9550, as
being satisfactorily completed in conformance with the project specifications; 2)
Approve Change Order NO. 1, in the amount of $500, which was a result of the
installation of an electrical panel during storage room construction; 3) Approve the final
retention payment of $1,888 to T&M Construction, 8946 Reales Street, Alta Loma, CA
91737, 35 days after the Notice of Completion is filed, if no claims or objections have
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CITY COUNCIL MINUTES
February 24, 1997
been filed, and upon the Director of Public Works' concurrence; and 4) Authorize the
City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond
upon the expiration of the required lien period, if no claims or objections have been
filed, upon concurrence of the Director of Public Works.
Item No. 14: Memorandum of Understanding and Authorizing Resolution for the Cypress
Mid-Management Employees' Association (2-1/2 Year Wage & Benefit Package).
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, ratifying the Memorandum of Understanding between the City and the Cypress
Mid-Management Emplovees' Association.
RESOLUTION NO. 4763
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A
SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MID-MANAGEMENT
EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND
CONDITIONS OF EMPLOYMENT.
Item No. 15: Authorization for Out-of-State Budgeted Conferences - Public Risk
Management Association, International Personnel Management Association - Western
Region, and National Association of Broadcasters.
Recommendation: That the City Council approve the attendance of the appropriate
staff and Commissioner to attend the Public Risk Management Association, International
Personnel Management Association - Western Region, and the National Association of
Broadcasters Conferences as outlined in the report.
Regarding Item No. 8, Adoption of Resolution Repealing Resolution No. 4625 and Adding
Oral Communications Prior to Consideration of Business Matters at the City Council
Meetings, Councilmember Jones said she was glad some Oral Communications would be
brought back to the start of the meeting and will take place prior to the Award of
Contract. However, there will only be one-half hour allotted for these oral
communications. She stated that at the end under Written Communications, it needs to
be broad to include oral communications, as necessary, that remain from earlier in the
evening. In the timeframe there are Cypress Redevelopment Agency matters and that
needs to be on every agenda whether there is a specific topic or not. Council addresses
items that are in the Redevelopment area and that has to be incorporated to indicate
that the Council is talking about Redevelopment matters. She suggested grouping and
identifying the Planning matters together in the agenda. Councilmember Keenan
commented that taking oral communications at the beginning of the Council meeting is
the most reasonable time for citizens to address the Council and it was very important
to him also. Councilmember Bowman said that a number of people have told him that
they wanted to say something but they didn't want to wait until 11 p.m. to do it. He
agreed it is far better to have them at the beginning of the meeting.
Mayor Carroll said that Councilmember Piercy suggested that school children, boy and
girl scout troops and other youth groups in Cypress be invited to conduct the Pledge of
Allegiance. Councilmember Piercy said the idea came from Villa Park Council meetings
and she believed it was a good idea to have the pledge led by the young people. The
City Manager said that could be done and the City Clerk has alreadv been asked to
contact the different schools to solicit interest. Councilmember Bowman suggested
that it might be a good idea to show some of the D.A.R.E. graduations during Council
recesses and let the public know which school would be shown so thev can see
themselves on TV.
The City Manager, referring to the Planning items, said that staff will review and
determine if there is a way it can be done. Sometimes Planning items appear under the
Consent Calendar, public hearings, deferred and new business. There may be multiple
sections that have Planning items. Councilmember Jones suggested highlighting the
Planning items.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to
adopt the Resolution by title only, title as follows, repealing Resolution No. 4625 and
establishing the order of business of City Council meetings, with changes suggested.
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CITY COUNCIL MINUTES February 24, 1997
RESOLUTION NO. 4764
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING RESOLUTION
NO. 4625 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS.
The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
With regard to Item No. 11, Approval of the Plans and Design Specifications and
Authorization to Advertise for Bids for Public Works Project No. 9631, Slurry Seal of All
Residential Streets, Located North of Orangewood Avenue, East of Holder Street, and
West of Knott Street, Councilmember Bowman had a question on the $239,000 fiscal
impact of the project and the Cypress Village Homeowners Association reimbursing the
City for all work on private property in the amount of $10,000. The Public Works
Director stated that the City owns the streets and alleys. The Association has some
adjacent private parking areas which they wanted resurfaced and they have agreed to
pay for their share. It was moved by Councilmember Bowman and seconded by
Councilmember Jones to:
Approve the design specifications for the 1996-97 Slurry Seal of Residential
Streets, Phase II; and
2. Authorize City staff to advertise the project for bids.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
In regard to Item No. 13, Recommendation From the Cable TV Commission - Encourage
the City Council to Have a Presentation From Continental cablevision, Regarding Current
and Future Technology of the Local Cable TV System, Councilmember Jones stated she
felt that the Commission needed some guidance from Council regarding the things that
the Council would like them to address in the future and, hopefully, expand or change
the role of this Commission to reflect some of the Council's desires. A workshop or a
joint meeting should be scheduled as soon as possible. It was moved by Councilmember
Jones and seconded by Councilmember Keenan to consider scheduling a workshop for a
presentation from Continental Cablevision on the current and future technology of the
Cypress Cable System. Upon approval of the City Council, the City Clerk will coordinate a
workshop date. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT APPLICATION FOR "THE GIG," 9191 VALLEY
VIEW STREET, CYPRESS: Mayor Carroll opened the public hearing. The City Manager asked
the Police Chief to present the staff report which sought approval of a Live
Entertainment Permit for "The Gig," located at 9191 Valley View Street. The
entertainment is to include local talent in the areas of live bands, D.J.'s, poetry reading
and to appeal to an audience of individuals who read science fiction, philosophy and are
computer and Internet oriented. The applicant intends to sell merchandise consistent
with the interests of the clientele and to provide a safe environment in which the
artistic talents of the non-professional entertainers can be expressed. The applicant
intends to charge a $10.00 cover charge for expenses of the business and the
entertainers. Staff recommended that the City Council conduct a public hearing
regarding this application and when satisfied that the business will comport with the
public health, safety and welfare of the community, that a one year Live Entertainment
Permit be approved. Notices of this Public Hearing have been posted and published in
CITY COUNCIL MINUTES February 24, 1997
accordance with the provisions of the Cypress City Code. To date, no communications
regarding this application have been received.
The applicant, Edward Dugan, was present representing his father Walid Dugan, the
owner. He explained the type of entertainment, computer facilities and art that his
business would be offering. All acts would be amplified; however, to a limited extent
and it will also be a retail store with high school students' art work. The patrons will be
allowed to bring food and beverages into the store. He invited the Council to visit his
store.
Mayor Carroll asked of anyone wished to speak in support or in opposition to the
application for permit. No one spoke.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
close the public hearing and approve a one year Live Entertainment Permit, with the
following condition:
Should the Police Chief make a determination that conditions of public
attendance at the live entertainment functions of this establishment result in an
identified need for crowd or parking lot control of patrons, that on-site security,
as approved by the Police Chief or his designee, be provided and paid for at the
expense of the applicant business.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPROVAL OF CITY WORKPLAN OBJECTIVES FOR FISCAL YEAR 1997-98: Mayor Carroll opened
the public hearing and called upon the City Manager to present the staff report. On
Saturday, January 25, 1997, the City Council met and discussed workplan objectives for
the coming fiscal year. The following list was a result of that meeting and has been
provided to the City Council for their review and approval. If approved, the projects will
be incorporated into the workplan for the coming year and enabling documents, such
as, the budget and Capital Improvement Program will be developed in anticipation of
completing these projects. He noted that the report indicated a project description,
the proposed action and a completion date. The proposed workplan objectives provide
great direction for the City in the next year and one-half.
Councilmember Keenan distributed a copy of a newspaper article and suggested that a
business recognition program be made part of Letters R and S, which would also
provide for business attraction and retention in the City.
Mayor Carroll suggested that each item be addressed in order so that each
Councilmember can make their comments.
A. Nature Park: Councilmember Piercy expressed a desire to have the Nature Park
reopened and utilized, possibly with school participation. She said she was anticipating
that a facility could be built in one of the parks for skateboarding and in-line skating.
The City Manager remarked that it probably was not appropriate to discuss how the
projects will be done because it is just a workplan. Councilmember Bowman suggested
that the list be projected on the screen so the viewing public has an opportunity to see
it.
Councilmember Jones stated that some of the items don't have an answer and it is the
COuncil's desire to explore the possibilities and expose the subjects to the public.
Councilmember Pierc¥ asked the audience if they had any suggestions on the items that
will be discussed, to call a member of the Council with their input.
Continuing with the Nature Park item, Mayor Carroll advised that at one time, there was
a Nature Park on Ball Road, and if there are citizens interested in reopening that Park,
please give a Councilmember a call to express their interest.
B. Computer Master PlanANebsite: Councilmember Jones said that many cities are
listed on the Internet and from a marketing standpoint and economic development, if
people wanted the statistics on the City of Cypress they would be able to do that
through the Internet. Councilmember Keenan mentioned some of the practical reasons
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CITY COUNCIL MINUTES February 24, 1997
for establishing a website because a lot of information can be obtained over the
website without tying up personnel. Mayor Carroll mentioned that the Council would
like to hear from the citizens.
C. Citizen Participation: The City Manager advised that the Council has mentioned
the importance of citizen participation and the need to find ways to reach out and
obtain citizen input on things the City does. He mentioned some of the methods, like,
committee assignments, town hall meetings, neighborhood contacts and satisfaction
surveys.
D. Economic Development Procjram: Mayor Carroll said that it does take economic
development to make the goals realistic. This program would include business
attraction, marketing and business retention. Councilmember Jones mentioned that
other cities have red teams which consist of a Councilmember and staff members trying
to solicit new companies to come into the City. It has been very successful in other
cities and she would like to see it implemented in Cypress. Councilmember Keenan said
that it would be very important in the redevelopment of Lincoln Avenue that a team
and plan are in place and that a much more aggressive approach be taken in its
development. Mayor Carroll mentioned Wicker Drive and Councilmember Bowman
suggested that interim uses be considered for this properly, such as, rough seeding and
allow people to picnic. Councilmember Jones stated that it is time to move forward
with the development of Wicker Drive. Councilmember Bowman said that the school
district utilizes the same services as does the City, such as, a maintenance yard,
administrative offices, and some of these uses should be consolidated, thus maximizing
community resources. Mayor Carroll mentioned the two representatives from the
Council who are to attend meetings with the Board of Trustees may want to start
discussions on these sites.
F. General Plan Update: The Community Development Director reported that many
of the items in the workplan tied in with a general plan update. In the first year, the
resolution of many of the issues identified in the workplan and incorporated into the
document as well as a technical update of all of the information and the housing
element. The second year would entail the actual modification of the document.
G. Strategic Plan: The City Manager advised that the strategic plan would review the
strengths, weaknesses, opportunities, and threats to the City. It would develop goals,
objectives and strategies to enable the Council to accomplish the long-term vision. This
would put the City in a proactive mode in terms of addressing where the community
will be in the future.
H. Civilian Patrol Prowlram: The Police Chief said that this program will incorporate
the Available, Willing, Able and Responsive to Emergencies (A.W.A.R.E.) program to
incorporate Neighborhood Watch, Disaster Preparedness and the utilization of civilians
and volunteers in assisting the Police Department in their efforts to provide service to
the community.
I. Holder Street Channel Overcrossincj: The Public Works Director stated that this is
a valuable project that has been around for a long time. Staff will be working with the
City Council on determining when the bridge should be constructed and then move
forward with the project. Councilmember Keenan asked for input from all the citizens
who would be affected by extending Holder Street. Councilmember Jones advised that
the purpose of the study would be to inform the Council. Mayor Carroll asked staff to
consider this project on both a technical and creative basis.
J. Planning Commission: The City Manager commented that this project would
review the advantages and disadvantages of utilizing a Planning Commission, with a
comprehensive report to the City Council so they can review the item. Councilmember
Bowman said that he had written a ballot argument in favor of a Planning Commission
and the proposition was defeated at the polls. If decided by the Council that a Planning
Commission was a viable solution, he suggested that it be voted on by the people again
because of the decisiveness of the vote. Councilmember Jones commented that
because of the turnover in the City, publicity and presentation of the issue could affect
the vote and if the Council, as a whole, wished to move forward, she would make a
recommendation that it be a decision made at the Council level. She didn't believe a
General Election was necessary to decide whether the City needed a Planning
Commission. Councilmember Piercy disagreed because many people have strong
feelings on this issue. It should be researched, the pros and cons publicized and she
would concur that it is something that should be brought to the people for a vote.
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CITY COUNCIL MINUTES February 24, 1997
K. City Council/Boards and Commissions: The City Manager advised that this project
would review the relationship between the Council and Boards and Commissions. A plan
would be developed for increasing the connection between them with meetings,
appointment of Councilmembers as liaisons, and asking Commissions to develop annual
workplans for Council acceptance. Councilmember Keenan envisioned this project to be
phased in during the year and totally completed by December 31, 1997.
L. Finance Review Committee: Councilmember Jones said that this was something
that they have wanted for approximately two years. She and the Mayor had served on a
Finance Committee for the City and welcomed a plan for the establishment of this
Committee to encourage more citizens with expertise in this area to participate.
Councilmember Bowman believed the establishment of this Committee was good and
there are a lot of finance people in the community that could give excellent advice to
the Council. Mayor Carroll would like to see the title of the committee changed to
Finance and Compensation. Compensation matters are very complex and he would like
to have someone with time enough to become an expert in knowing what a change in
benefits would mean.
M. Gambling Initiative: The City Manager reported that the staff will continue to
keep Council apprised of the developments relating to this initiative. Mayor Carroll
commented on the Los Alamitos Race Track and indicated that the Council would look at
other alternatives that would increase the productivity of that particular site.
Councilmember Keenan mentioned the wiener dog races and the weekend auto sales
have brought in sales tax revenue to the City.
N. Park Development Strategic Plan: The City Manager referred to the Council's
question of meeting all the needs of the community with the existing park structure.
Are there ways to assess what is in place and the information to make long-term
decisions for meeting those park needs. The plan will examine those questions for
Council review. Councilmember Jones mentioned Cypress/Arnold Park has not changed
in 30 to 40 years and its condition needs to be addressed. There are very few parks
available in the north end of Cypress. The Recreation and Parks District Director
reported that they have many projects that are currently being considered and it is
important that all the components be folded into a comprehensive, prioritized plan.
O. North End Infrastructure: The City Council expressed concern about the
infrastructure in the north end of Cypress, much of which does not exist now. The
County has some responsibility for providing the infrastructure, particularly in the
annexed area. Staff is planning to bring a status report to Council in June 1997, and a
comprehensive plan with the County for funding and constructing the remaining
improvements. Councilmember Bowman noted that some of the high density buildings
in the area do not have adequate parking and it has been suggested, through
Redevelopment, that low interest loans be provided to determine if some of these
associations might be interested in constructing garages because there are no garages,
and no covered parking. He suggested that some of the redevelopment set aside
monies be made available for structural improvements to the area.
P. Oxford School Site: Oxford School is owned by the Anaheim Union High School
District and currently occupied by Brethren Christian School. The City Manager advised
that a plan will be developed and implemented to encourage the Anaheim Union High
School District tO enter into the sale or long-term lease of Oxford School to Brethren
Christian School to ensure continued maintenance of the site and retain open space for
athletic uses. Mayor Carroll advised that this was a public hearing and if anyone wished
to speak, please do so. Mr. Dave Wolff, representing Brethren Christian School,
expressed the school's strong support of this plan and commended the Council for
putting it on the workplan. Thev pledged to work with the Citv and the AUHSD to
accomplish this goal. Councilmember Bowman said that, hopefully, a long-term lease
agreement could be worked out.
Q. Agenda: The Council agreed that this item had been completed.
R. Volunteer Recognition Program: The City Manager advised that the Council has
an interest in recognizing those volunteers that have contributed a significant number
of hours to the City. The Recreation and Parks District has several forms of recognition
for their volunteers and those programs will be considered in the development of this
plan.
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CITY COUNCIL MINUTES February 24, 1997
S. Cypress Citizen Accomplishments Recognition: The City Clerk currently prepares
resolutions of commendation, proclamations and special recognition/appreciation
certificates upon receipt of invitations or other notification from Councilmembers and
other individuals. It is suggested that a program be developed that operates
automatically to recognize Cypress residents who have accomplished a noteworthy
achievement. Councilmember Jones said it would be nice to reach out to them letting
them know that the City is aware of their accomplishment. Councilmember Keenan
asked to insert S.1, which would recognize businesses who have established a certain
program and/or attained nationwide recognition. The City Manager added S.1, with the
Council's concurrence.
T. Rotation of Mayor and Mayor Pro Tempore Positions: The City Manager's Office
will review options for rotating the roles of Mayor and Mayor Pro Tern between
Councilmembers and report back. The intent is to develop a Council policy that
describes an agreed upon method.
U. Manacjement of Liability Claims and Litigation: The City Manager wished to
develop and provide the Council with an overview/summary of liability claims and
existing litigation on a regular basis.
V. Land Use Development Process and Charges: A review of the land use
development process to ensure that it is streamlined and cost effective. Conduct a fees
and charges study to evaluate relationships between services provided and fees
charged. Responding to Councilmember Bowman, the City Attorney advised that
currently, any charges have to correspond to the services rendered. Councilmember
Bowman suggested that all the fees be considered. Councilmember Keenan
commented that this report will provide information on costs vs. revenue and a tool for
business retention and attraction.
Councilmember Jones asked that the formation of a committee to study the Adult Day
Care Facility be added onto the workplan.
Mayor Carroll asked if anyone wished to speak on any of the aforementioned items.
Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, mentioned the opening of Holder
Street and expressed his support.
The City Manager noted, for the record, that this report is a workplan for the coming
year and the Council has not made any decisions about any of the items, other than to
make them a part of the workplan and to consider the items as they are brought back.
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke on storm drains and the feasibility of
attaching protection screens on the catch basin intake to prevent trash from going into
the storm drains. He mentioned the deterioration of the Neighborhood Watch program
and he expressed his concern for the safety of the children.
Councilmember Bowman said that there are citizens who are interested in forming
Neighborhood Watch programs, which would fall under Letter H of the workplan. In
response to the Mayor, the Public Works Director explained that protective screens are
not on storm drains because they plug up during a storm event and they cannot be
cleared quickly enough.
Ms. Verna Dodson, 5?72 La Jolla Way, Cypress, advised that she had been working on the
Adult Day Care Center and she has an appointment with the City Manager.
Responding to Councilmember Jones, the City Manager said that staff has direction to
return to Council at the March 24, 1997 meeting with both a workplan and for the
establishment of a Council-appointed committee to make recommendations to the
Council.
No one else wished to speak.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
close the public hearing, approve the workplan projects, with the addition of the
Business Recognition Program, Comprehensive User Fee and Charges Study and the
Adult Day Care Center Study, within the noted timeframes, and direct staff to develop
its annual workplans in consideration of the adopted goals and objectives. The motion
unanimously carried by the following roll call vote:
10
CITY COUNCIL MINUTES February 24, 1997
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Councilmember Jones mentioned the implementation of a program to recognize some
of the holiday light displays and asked if the Council was interested in reviving this
recognition program. The City Manager would include recognizing residential holiday
lighting displays in the workplan.
NEW BUSINESS:
REQUEST TO INITIATE SPECIFIC PLAN AMENDMENT FOR THE MCDONNELL CENTER SPECIFIC PLAN
TO ALLOW FOR LIMITED ON-STREET PARKING ALONG PLAZA DRIVE: Mayor Carroll introduced
the item and asked the City Manager to address the subject. The City Manager advised
that staff recommended that this particular item be removed from the agenda as it is
not ready for Council's consideration and hearing no objection, Mayor Carroll so
ordered.
ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY COUNCIL TO REVIEW CONFIDENTIAL
RECORDS RELATING TO SALES AND USE TAX INFORMATION FROM THE STATE BOARD OF
EQUALIZATION OF THE STATE OF CALIFORNIA: The City Manager presented the staff report
which indicated that the City Council can, by adopting a Resolution, be authorized to
review Sales and Use Tax information from the State Board of Equalization of the State
of California. The City Council had requested the City Attorney to research the issues of
access to sales and use tax information and the process by which authorization may be
given. The conclusion in the City Attorney's memorandum was that the City Council
could have access to the sales tax information if designated by resolution and the
resolution specifies the governmental purpose for which the sales tax information will
be used.
Responding to Councilmember Bowman, the City Attorney advised that the
misdemeanor penalty for a violation of the Revenue and Taxation Code is prosecution,
most probably in the form of civil damages. If this information were leaked to the
public by any Councilmember, it would be an injustice to the business and he asked if
there were any recourse against a Councilmember for leaking this type of information.
The City Attorney advised that existing law prohibited that type of activity.
Councilmember Jones suggested that the resolution indicates that the information is
confidential and violation is subject to the State code, and the penalty.
Councilmember Jones said she had brought this up and felt that the information was
important for Councilmembers to understand the business community and where the
revenues are coming from to help them make more informed business decisions.
Councilmember Keenan felt it important because decisions have been made in the past
based on sales tax targets and it is important that the Council know if those targets
have been reached. Councilmember Bowman said he found it disturbing that the
employees would have the data, the Council not have the information and he expressed
concern about the security of the information. Mayor Carroll expressed concern about
the certainty of the State laws and suggested asking some of the major retailers what
their opinion would be and if they would feel comfortable with this. He was very
uncomfortable with this request unless there was assurance that the punishment would
be swift and certain. Councilmember Jones took exception to asking the retailers if the
Council should have the sales tax information; the citizens are best served when Council
has that information.
It was moved by Councilmember Jones and seconded by Councilmember Keenan that
the City Council receive specific sales/use tax information on a Confidential basis.
Councilmember Keenan addressed the concern of confidentiality and that this material
be delivered to them in such a way that only Councilmembers have access to it.
Councilmember Jones remarked that the information only needed to be distributed at a
Closed Session and never be published. Councilmember Piercy concurred that the
information not be printed and handed out. Councilmember Bowman stated that he
was not prepared to vote on this item this evening, even though he was in favor of the
concept that the Council be privy to the sales/use tax information. He believed it would
be useful to find out what measures other cities have in place to insure confidentiality
and research Section 7153 of the Internal Revenue Code to determine the penalty for
disclosure. If that does not provide enough information, then consider censure of a
Councilmember if they are found guilty of disclosure. Councilmember Jones concurred
11
CITY COUNCIL MINUTES February 24, 1997
with checking with other cities, but she did oppose asking retailers. Mayor Carroll
advised there is certain corporate data that is proprietary and not for everyone to see.
He felt it was important to determine whether sales tax data was proprietary. The City
Attorney said that the Internal Revenue Code does not have a separate penalty section
under the Code.
After additional discussion, Councilmember Jones withdrew her motion and
Councilmember Keenan withdrew his second. Councilmember Bowman stated that this
shouldn't preclude any Councilmember from asking a retailer what they thought of this
resolution on an informal basis. Councilmember Jones concurred. It was then moved
by Councilmember Bowman and seconded by Mayor Carroll to continue this item to the
City Council meeting to March 10, 1997. The City Manager clarified that staff would
return with information about what other cities in the County are doing, what they are
doing to insure confidentiality and propose a method with which this could be shared
with the City Council. Mayor Carroll suggested that this resolution have a sunset clause
in it to the next election. The City Attorney advised that was possible. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPOINTMENT OF COUNCIL'S REPRESENTATIVE TO THE FRIENDS OF CYPRESS RECREATION AND
PARKS, INC.: At Mayor Carroll's request, Councilmember Bowman advised that this is a
very active group in the community and they are involved with all the events in the
Recreation and Parks District. The District Director added that this non-profit
organization has been in existence since 1983 and their major project is sponsorship of
the Chili Cookoff at the Community Festival and they also contribute to a variety of
other projects.
Councilmember Piercy volunteered to be the Council representative.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan to
appoint Councilmember Piercy as the Council representative, to the Friends of Cypress
Recreation and Parks, Inc. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
ADOPTION OF STATEMENT OF INVESTMENT POLICY: The City Manager called upon the City
Treasurer to present the staff report, which advised that the Director of Finance and
City Treasurer are responsible for annually submitting the Statement of Investment
Policy to the City Council. The Policy is reviewed and updated to ensure its consistency
with the overall objectives of preservation of principal and liquidity, and its relevance to
current law, financial and economic conditions. The Statement of Investment Policy
submitted has been modified to include changes in the California Government Code as
well as the addition of clarifying language based on the City's experience and activities
during the past year. One of the more significant changes not reflected in this
Investment Policy was enacted by AB 1197, which prohibits local funds in LAIF from
being transferred, loaned, impounded or seized by any state official or state agency.
It was moved by Councilmember Bowman and seconded by Mayor Carroll that the City
Council of the City of Cypress and acting as the ex-officio governing Board of Directors
of the Cypress Recreation and Park District adopt the Resolution by title only, title as
follows, adopting the annual Statement of Investment Policy.
RESOLUTION NO. 4765
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS THE EX-
OFFICIO GOVERNING BOARD OF DIRECTORS AND THE CYPRESS RECREATION AND PARK
DISTRICT OF THE CITY OF CYPRESS, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT
POLICY.
The motion unanimously carried by the following roll call vote:
12
CITY COUNCIL MINUTES
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
February 24, 1997
Bowman, Jones, Keenan, Piercy and Carroll
None
None
ATTENDANCE TO THE BOYS & GIRLS CLUBS OF AMERICA'S 1997 GALA HEROES & HIGH HOPES
EVENT HONORING TOMMY LASORDA, TACO BELL CORP., UNOCAL CORPORATION, AND 76
PRODUCTS FOR THEIR CONTRIBUTIONS TO THE ORGANIZATION AND THE YOUTH OF OUR
NATION: Mayor Carroll advised that he had asked that this item be placed on the Agenda
because of the community interest in the Boys & Girls Club and he asked for comments.
Councilmember Bowman said that the City's money would be best spent given directly
to the local BOyS & Girls Club. Councilmember Keenan stated that the City has met its
allotment to the Cypress Boys & Girls Club for the year.
It was moved by Councilmember Bowman and seconded by Mayor Carroll to receive and
file the report. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 24830 - 25048: It was
moved by Councilmember Jones and seconded by Councilmember Bowman to approve
the Commercial Warrant List for Warrants No. 24830 through 25048 in the amount of
$912,289.62. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda.
Mr. Don Wesling, 11431 Anegada Street, Cypress, commented on an earlier remark made
by Mayor Carroll on the decision rendered by the 4th District Court of Appeals. He
stated that the game wasn't played fairly and he didn't want the people of Cypress to
get the idea that the City won because of something they had done. It was because
they didn't have the information from the City Council or the City Attorney. The
residents see the irregularities that go on at the Shaw Warehouse and they report them,
but nothing is going to be done.
Councilmember Jones said she has mentioned to Cypress College that she has graduated
from there; however, she only finds Councilmember Bowman's name and not hers. She
asked the Mayor or the City Manager send a letter to the college advising that she has
been a Councilmember since 1994 and she is a graduate of that institution.
Councilmember Keenan welcomed the new Cypress News reporter, Gina Tenorio and he
acknowledged the work done by Erin Kelly, who covered the City for the Cypress News
for the past year.
Councilmember Jones mentioned a previous discussion about the City Attorney
preparing a workshop to discuss the changes in the financing campaign law effective in
January 1997.
Mayor Carroll thought that cypress had a sister city in China and Councilmember
Bowman advised that had not occurred yet but it would be through Cypress College.
WRITTEN COMMUNICATIONS: FOr Matters NOt on the Agenda. None were presented.
ADJOURNMENT: Mayor Carroll adjourned the meeting at 10:15 p.m. to Monday, March 10,
1997 at 4:30 p.m. in the Administrative Conference ROOm.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
13