Minutes 97-05-12MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 12, 1997
The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday,
May 12, 1997, in the Administrative Conference Room, City Hall, 5275 Orange Avenue,
Cypress, Mayor Tom Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Keenan, Piercy and Carroll
Councilmember Jones
Also present were the City Manager and staff members Angus, Carter, Christoffels, Kelly
and Storey.
WORKSHOP SESSION:
LINCOLN AVENUE STREETSCAPE:
The report on the streetscaping of Lincoln Avenue was discussed.
MAYOR PRO TEM JONES ARRIVED AT 4:40 P.M.
LINCOLN AVENUE STREET WIDENING:
The potential for the widening of Lincoln Avenue and the progress that was being made
with the survey and the long term needs of the street widening was presented to Council
by the Public Works Director.
STREET TREE REMOVAL AND REPLACEMENT:
A review of the current and past policy relating to street tree removal and replacement
was held by the City Council.
RECESS: Mayor Carroll recessed the meeting at 5:45 p.m. to allow the Council to
reconvene in the Council Chamber
The meeting reconvened at 7 p.m. with all Councilmembers present. Also present were
the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly,
Krauss and Storey.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tern Jones.
PRESENTATIONS:
Mr. Phil Anthony, of the Orange County Water District, made a slide presentation on the
management of the groundwater basin and what the District does to keep the
groundwater system working for the benefit of the citizens. The overall program will
prevent seawater intrusion, maximize basin production for mitigating any contamination
problems and meet future demands by expanding present system and developing new
ways to reclaim more waste water.
On behalf of the St. Irenaeus Home and School Association, Principal Beverly Harrison,
Kristen Greene, Michelle Reyes and Joe Mansolino presented $2,500 to Captain Krauss for
tt]e D.A.R.E. program.
Mayor Carroll read and presented a Proclamation to the Cypress Civic Theatre Guild on its
20TM Anniversary. President Jewell Tolkin accepted the award and introduced the Board
members. Claire Weinberg mentioned their current production of "Fiddler on the ROOf."
Community Service Plaques were presented to former Traffic Commissioner Linda Keenan
and former Cultural Arts Commissioner Jewell Tolkin by Mayor Carroll.
REVIEW OF CLOSED SESSONANORKSHOP AGENDA:
The City Manager reviewed discussions held during Council's workshop session.
ORAL COMMUNICATIONS: Limited to one-half hour.
CITY COUNCIL MINUTES May 12, 1997
Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, thanked the Council for approving the used
auto 'sales lot on Walker Street and he volunteered to help the Code Enforcement Officer.
Mrs. Paula English, 5975 Suva Street, Cypress, spoke on Item No. 16, Adoption of 1997~200
Capital Improvement Program for the City of Cypress and the Cypress Recreation and Park
District. She mentioned $30,000 that was available to develop a cultural arts plan and that
money has been assimilated into other projects that have nothing to do with the arts.
The Cultural Arts Commission is being told the money has been taken back because it
wasn't used.
MrS. Jewell Tolkin, James Alan Street, Cypress, also expressed concern about Item No. 16
and asked the Council to continue the item until they have met with the Cultural Arts
group.
Ms. Joanne West, 9375 Cambridge Street, Cypress, extended an invitation to the Council to
attend the Cypress POPS first concert of the season which will be held Friday evening,
May 16 at 8 p.m. at the Grace Church. She urged the Council to develop the Wicker Drive
property.
MS. Alicia Kimble, 4463 Via Linda, Cypress, asked the Council to review Item NO. 16 because
the City needs a Cultural Arts Center. She also asked if it were possible to have the
recycling trash can picked up every week because they are always overflowing.
Councilmember Jones suggested that an article be published in the City Newsletter.
The Finance Director advised that there is no fee for an additional recycling trash can.
AWARD OF CONTRACT
BLOOD ALCOHOL AND DRUG TESTING: The City Manager asked the Acting Police Chief to
present the staff report which advised that the Police Department currently utilizes the
services of California Forensic Phlebotomy (CFP) tO draw blood from suspects arrested for
certain alcohol or drug-related offenses. The contract for these services expired February
28, 1997 and the Police Department is seeking Council approval to renew the contract.
CFP is the only known firm that has this service and provides quality through prompt
response to call outs and timely notification of test results for Court.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
authorize the renewal of a contract for blood alcohol and drug testing to California
Forensic Phlebotomy, 2361 Campus Drive, Suite 217, Irvine, California 92715, for the period
of March 1, 1997, to February 28, 1998, for an amount not to exceed $13,000. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
PURCHASE OF TRAFFIC SIGNAL CONTROL EQUIPMENT FOR THE BALL ROAD TRAFFIC SIGNAL
INTERCONNECT PROJECT, PUBLIC WORKS PROJECT NO. 9320: The Public Works Director
reviewed the report requesting the City Council to award a contract for the purchase of
traffic signal control equipment for the Ball Road Traffic Signal Interconnect project.
Over the past two years, the City has applied for and received funding from various
programs through the Orange County Transportation Authority (OCTA) for the installation
of a traffic signal interconnect project on Ball Road. This project entails the installation of
a hardwire traffic signal interconnect which will be installed on Ball Road from Bloomfield
Avenue to Holder Street.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
award a contract for the purchase of traffic signal control equipment for the Ball Road
Traffic Signal Interconnect Project, Public Works Project No. 9320, to Econolite Control
Products, Inc., 3360 East La Palma Avenue, Anaheim, California 92806, in the amount of
$84,702.63. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
CONSENT CALENDAR:
CITY COUNCIL MINUTES May 12, 1997
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.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to
approve the Consent Calendar Items NO. 3 through 12. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
Item NO. 3: Motion to Approve City Council Minutes of April 21, 1997 and April 28, 1997.
Recommendation: That the City Council approve the Minutes of the Special Meeting of
April 21, 1997 and the Regular Meeting of April 28, 1997, as submitted.
Item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Proclaiming May 12-16, 1997, as "Juror Appreciation Week."
Recommendation: That the Mayor and City Council officially proclaim the week of May
12-16, 1997, as "Juror Appreciation Week" in the City of Cypress.
Item No. 6: Adoption of Resolution of Commendation for Cadette Girl Scout Melanie
Moon on Attaining the Silver Award.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Cadette Girl Scout Melanie Moon on attaining the Silver Award.
RESOLUTION NO. 4793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING CADETTE
GIRL SCOUT MELANIE MOON ON ATTAINING THE SILVER AWARD.
Item No. 7: Acceptance of Street Resurfacing at 9991, 9971, and 9951 Denni Street
Contract, Public Works Project No. 9701.
Recommendation: That the Citv Council: 1) Accept the project for street resurfacing at
9991, 9971, and 9951 Denni Street, Public Works Project No. 9701, as being satisfactorily
completed in conformance with the project specifications; and 2) Approve the final
retention payment of $1,694.90 to J. B. Bostick Company, Inc., 2870 East La Cresta,
Anaheim, CA 92806, 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. 8: Design Review Committee's Approval of DRC #97-13, Request by Homestead
Village for Sign Program Approval for the Homestead Village Hotel Project, Located at
5990 Corporate Avenue.
Recommendation: That the City Council adopt the resolution by title only, title as follows,
approving Design Review Committee No. 97-13 - with conditions:
RESOLUTION NO. 4794
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-13 - WITH CONDITIONS.
Item NO. 9: Acceptance of Sewer Modification at City Maintenance Yard, Public Works
Project NO. 9640.
Recommendation: That the City Council: 1) Approve Contract Change Order NO. 1, in the
amount of $3,625.00, to Excel Paving Company; 2) ACCept the project for sewer
modification at the City Maintenance Yard, Public Works Project No. 9640, as being
satisfactorily completed in conformance with the project specifications; and 3) Approve
the final retention Pavment of $1,557.10 to Excel Paving Companv, 2230 Lemon Avenue,
Long Beach, CA 90806, 35 davs 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. 10: Resolution Establishing the CitV'S 1997-98 Appropriation Limit.
CITY COUNCIL MINUTES May 12, 1997
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, establishing the City's appropriation limit:
RESOLUTION NO. 4795
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S
APPROPRIATIONS LIMIT FOR THE 1997-98 FISCAL YEAR.
Item NO. 11: Legislation and Other Issues for Council Support or Opposition.
Recommendation: That the City Council authorize support of the League of California
Cities' position in support of Senate Bill 880 (Craven) and Assembly Bill 95
(Sweeney/Aguiar), relating to the return of property taxes to local agencies.
Recreation & Park District Matters:
Item No. 12: Resolution Establishing the Cypress Recreation and Park District's 1997-98
Appropriation Limit.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of the
Cypress Recreation and Park District, adopt the Resolution by title only, title as follows,
establishing the District's appropriation limit:
RESOLUTION NO. 191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFIClO GOVERNING
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK
DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1997-98 FISCAL YEAR.
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF CONDITIONAL USE PERMIT NO. 97-4 AND VARIANCE NO. 97-2, AUTOMOTIVE
REPAIR SHOP, 5391 LINCOLN AVENUE: Mayor Carroll opened the public hearing. The City
Manager asked the Community Development Director to present the staff report which
represented a request, by Mr. Kang S. Yang, to convert an existing retail commercial
building into an automotive repair shop. The proposed location is at 5391 Lincoln Avenue
within the CH-10,000 Commercial Heavy Zone and the Lincoln Avenue Redevelopment
Project area. The item was presented to the City Council at the April 14, 1997 meeting
and the public hearing opened to accept public comments. At the applicant's request,
the City Council continued the public hearing of this item until the May 12, 1997 Council
meeting. The site plan revisions eliminate the need for the previously proposed
variances from the development standards for front and street sideyard setbacks. Thus,
the associated variance application now involves only a request to allow the existing
substandard rear building setback. Staff recommended approval of the revised variance
application to bring the existing building into zoning compliance. The revised site plan,
floor plan and elevations present a significant improvement to the appearance of the site
and building facade. However, staff still has outstanding concerns regarding the
adequacy of current parking standards being applied to auto-related uses on small lots,
pending completion of the Zoning Ordinance update now in progress. Additionally staff
believed that an automotive repair use on the subject lot is not consistent with the goals
and policies of the Cypress General Plan, the Lincoln Avenue Redevelopment Plan and the
draft Lincoln Avenue Specific Plan. Finally, staff is concerned regarding the number of
auto-related uses in the Lincoln Avenue Specific Plan area. If the City Council does not
concur with staff's concerns regarding auto-related uses in the Lincoln Avenue Specific
Plan Area, staff is requesting that the Council direct staff to no longer consider these
issues when evaluating a proposed project.
NOtices of this public hearing were posted, published and mailed to the owners of all
properties located within 300 feet of the subject parcel. To date, staff has not received
any communication regarding the proposed project.
Mayor Carroll stated that he had met with Mr. Yang at City Hall approximately ten days
ago.
Responding the Councilmember Jones' question, the Community Development Director
replied that if Council is trying to move in one direction, then staff will make
recommendations based on that direction. If the direction is to be changed to allow for
an abundance of certain uses, then staff would have to change all the documents.
CITY COUNCIL MINUTES May 12, 1997
Mr. Steven Cho, representing the applicant Mr. Yang, said he has reviewed the application
in detail with Mr. Yang and he felt that the application was meritorious and should be
granted for manv reasons. He mentioned how the applicant had addressed the various
concerns of staff in the revised site plan, floor plan and elevations. Customers are taken
by appointment and the business would engage only in minor mechanical service.
Mayor Carroll asked if anyone wished to speak in support of the application.
Mr. Jack Haley, R. B. Allen Commercial Real Estate, marketed the site for lease and sale for
six months. He reported that all the parties that approached him with some interest in
the site were auto-related uses. He asked the Council to consider the site location on
Lincoln Avenue. He felt that Mr. Yang would be a good addition to the area and the City
of Cypress.
Councilmember Jones asked Mr. Haley if he were aware that the property required a
conditional use permit and Mr. Haley responded that the applicant knew but was never
told that it would be denied. In answer to Councilmember Jones' question, the
Community Development Director referred to a letter dated December 1996, which "..
.would create a proliferation of auto repair uses resulting in an incompatibility with
surrounding uses, therefore, City staff would not recommend approval of a conditional
use permit for an auto repair use at this site." Under the formal filing, staff said, "...The
applicant is also advised for the second time in a letter dated February 19, 1997 that City
staff feels the proposed project represents an incomplete redevelopment of the subject
site and precludes the full redevelopment of the site in conformance with the Lincoln
Avenue Redevelopment Plan."
Mr. Lee, architect for the project, said he was told about the possibility of a conditional
use permit for the project a couple of weeks ago and he met with the planning staff. The
plan was revised several times, it is an excellent plan and will be a beautiful building.
Councilmember Jones said she didn't believe there was a question regarding the design
of the building. It concerns the appropriate use for the lot size.
Pastor Daniel Kim spoke in support of Mr. Yang's project and addressed Mr. Yang's good
character.
No one else wished to speak for or against the project.
Councilmember Bowman remarked that the use of property was in question and the
design of the building probably exceeds most of the design standards. In his opinion it
was a very good reuse of the property. He said that lot consolidation works okay if the
public has the funds to be able to buy the lots. If it is going to be automotive, he had no
problem if the City can bring in sites with plans similar to this.
It was moved bv Councilmember Bowman to close the public hearing, adopt a finding of
de Minimis Impact, approve the Mitigated Negative Declaration, adopt the Mitigation
Measure and direct staff to file a Notice of Determination and a de Minimis Impact
Exemption; and adopt the I~esolution approving Variance NO. 97-2 and adopt the
Resolution approving Conditional Use Permit NO. 97-4 for a trial period of two (2) years,
subject to the attached conditions of approval, including the mitigation measures
identified in the environmental checklist for the project.
Responding to Mayor Carroll, Councilmember Bowman said he would include in his
motion that the applicant waive relocation costs that would be due him under
redevelopment law. The CitV Attornev advised that the applicant would have to agree to
the waiver.
Mr. ChO clarified that if the property is condemned the applicant would receive the
reasonable value of the property, but waiving the relocation costs. The Community
Development Director advised that the waiver would also include goodwill costs.
Mr. Cho discussed the waiving of redevelopment costs with Mr. Yang and he agreed.
Councilmember Jones said she didn't feel the City was being realistic with the two year
condition and waiving relocation costs nor did she believe that a proliferation of auto-
related uses was what the City wanted to see on Lincoln Avenue. She did not want the
economics of the time to dictate what is built in the City.
Mayor Carroll explained some of the conditions proposed and the design of the project
meets the approval of the staff but not the use.
CITY COUNCIL MINUTES May 12, 1997
Councilmember Piercv said that the design was beautiful, but the basic problem is the
size of the lot and the type of business use. The applicant was advised by staff early on
that thev would not approve the use. Pending the completion of the studies being done
for Lincoln Avenue, direction will be solicited from the Lincoln Avenue Redevelopment
Committee on the disposition of this type of use. Staff is recommending that this
application be denied without prejudice and she would support that recommendation.
She would rather apply the moratorium awaiting some decisions from the Lincoln Avenue
Committee.
Mr. Yang relayed his conversation with staff on the lot and building sizes.
Responding to Mayor Carroll, the City Attorney explained what the phrase "without
prejudice" meant.
Councilmenqber Keenan commented that he had met with Mr. Yang on the proposed site.
This is a prime lot in the Lincoln Avenue Redevelopment Area and could be consolidated.
Almost 18°/6 of the uses on Lincoln Avenue are auto-related and he didn't want to see
another project with the same use.
Councilmember Bowman remarked that it appeared that central planning is being done
in Cypress, which hasn't worked in most parts of the world. The Citv has an opportunity
to improve that site and if people are willing to spend the money on improvements, the
City should abide bV that because he believed that the City will have to look to the
private sector to develop it.
Since Councilmember Bowman's motion died for the lack of a second, it was moved by
Councilmember Piercv and seconded bv Councilmember Keenan to adopt the Resolutions
bv title onlv, title as follows, denying Conditional Use Permit No. 97-4, without prejudice
allowing the applicant to refile pending completion of the studies which will result from
the current moratorium on auto-related uses within the Lincoln Avenue Redevelopment
Area should the studies change the current assumptions, and adopt the Resolution by
title onlv, title as follows, approving Variance NO. 97-2.
RESOLUTION NO. 4796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING CONDITIONAL
USE PERMIT NO. 97-4.
RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A VARIANCE
FROM THE TERMS OF SECTION 10.2.a.7 OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS, TO PERMIT AN EXISTING BUILDING LOCATED FIVE (5) FEET FROM THE REAR
PROPERTY LINE - VARIANCE NO. 97-2.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll
I COUNCILMEMBERS: Bowman
0 COUNCILMEMBERS: None
RECESS: Mayor Carroll recessed the meeting at 9:10 p.m. and reconvened at 9:15 p.m.
with all Councilmembers present.
CONTINUATION OF CONDITIONAL USE PERMIT NO. 97-1, DEMOLITION AND REPLACEMENT OF AN
EXISTING AUTOMOTIVE REPAIR SHOP, 5431 LINCOLN AVENUE: The Mavor opened the public
hearing and asked the CitV Manager to review the staff report which indicated that the
applicant had requested that the item be continued to allow time to make modifications
tO the project.
It was moved bv Councilmember Jones and seconded bV Councilmember Keenan to
continue this item to the CitV Council meeting of May 27, 1997. The motion unanimousIv
carried bv the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
SPECIAL PERMIT FOR SECONDHAND BUSINESS - ANNE M. MICHAELS, D.B.A. ANTIQUES &
COLLECTIBLES, 5917 CERRITOS AVENUE: Mayor Carroll declared the public hearing open.
The City Manager asked the Community Development Director to present the staff report
which represented a request to establish a secondhand business named Anne Michaels
Antiques & Collectibles, 4917 Cerritos Avenue, Cypress. The proposed business included
CITY COUNCIL MINUTES May 12, 1997
the sale of antiques and collectibles and the applicant had commenced business unaware
that a secondhand permit must be approved. The proposed retail commercial use is
consistent with provisions of the Cypress Zoning Ordinance in reference to the
Commercial General Zone, including sufficient vehicle circulation and parking within the
commercial center. Due tO the nature of the proposed business and the type of items for
sale, a Secondhand Dealer's License issued by the State of California Department of Justice
is not required. Additionally, a police records check found no derogatory information
with reference to the applicant. Ms. Anne Michaels will be the sole operator of the
business. The hours of operation will be Monday through Saturday from 10:00 a.m. until
6:00 p.m. and by appointment on Sundays. No environmental documentation is required,
because the proposed action is not considered to be a project according to the California
Environmental Quality Act. Notices of this public hearing were posted, published and
mailed to the owners of all properties located within 300 feet of the subject parcel. TO
date, staff has not received any communication regarding the proposed permit.
Ms. Anne Michaels said she took two empty spaces and turned them into a nice shop
selling toys, collectibles and antiques. She will also be selling some items on consignment.
NO one wished to speak in support of or in opposition to the permit application.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
conditionally approve the Special Permit for a Secondhand Business, located at 5917
Cerritos Avenue and operated by Anne Michaels, D.B.A. Antiques and Collectibles, for a
probationary period of one (1) year, with a review to consider permanent approval at
that time, subject to the following conditions:
All business activity shall occur within the building.
A temporary use permit may be granted for outdoor activity in accordance with
Section 13.1 of the Cypress Zoning Ordinance.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
DEFERRED BUSINESS:
ADOPTION OF 1997-2004 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND THF:
CYPRESS RECREATION AND PARK DISTRICT: The City Manager asked the Public Works Director
to present the staff report in which was included the previously discussed option of
funding improvements to Arnold/Cypress Park and programming options for Wicker Drive
and Cypress Acres for the $1,200,000 in general funds available for use in the 1997-98 Fiscal
Year CIP. At this point, the Recreation & Park District Director addressed the issue of the
funding for the Cultural Arts study. He explained that the $30,000 designated for a
financial and marketing feasibility study has been carried over for several years. The
Recreation and Park District has lost well over $2 million in State funding and, during this
budget session, a new direction was taken in funding capital projects. Rather than carry
over programs from year to year, the action plan was to take all of the money available
and designate it to capital projects that could be completed through analyzing the
highest priority and move the money for the feasibility study to the unfunded projects.
Councilmember Jones mentioned that the unprogrammed general funds could be used
for some improvements at Arnold/Cypress Park, street repair, railroad crossing and
expedite the sidewalk repair.
Councilmember Piercy referred to Wicker Drive interim landscape improvements and
asked if there could be a third option for something between $15,000 and $318,000.
Mayor Carroll suggested designing a project to the cost perhaps around $100,000, and
have staff return with a more specific plan.
Councilmember Bowman suggested contacting farmers in the area that had shown an
interest in the property and if there still is interest, place them on a month-to-month
tenancy.
Mayor Carroll would like to see approximately $300,000 put into the north end projects
with seed money for a 3 to 1 match by the County. He then mentioned the numbers he
had allocated to various projects:
$300,000
$100,000
Arnold/Cypress Park
Wicker Drive
CITY COUNCIL MINUTES May 12, 1997
$300,000 North End
$100,000 Public Safety
$200,000 Lincoln Avenue
Responding to Councilmember Piercy, the Public Works Director said it would help staff
to know what the intended use was for Wicker Drive property because the care and type
of landscaping would be different depending on the use.
The City Manager suggested that money for Wicker Drive be programmed and staff will
return to Council with alternatives.
Councilmember Jones suggested the City speed up sidewalk repair in the neighborhoods
instead of allocating $200,000 for Lincoln Avenue.
Mayor Carroll said that something needs to be done in early 1998 on Lincoln Avenue.
The Finance Director mentioned that there would be uses for the $200,000 along Lincoln
Avenue to aid Home Depot in conforming to the Specific Plan.
The City Manager advised that, if Council desires, $200,000 can be programmed for Lincoln
Avenue.
Councilmember Keenan concurred with Councilmember Jones' request to accelerate the
sidewalk program.
It was moved by Mayor Carroll and seconded bv Councilmember Jones to add
discretionary City General Funds to the following projects:
$300,000
$100,000
$300,000
$100,000
$200,000
$100,000
Arnold/Cypress Park
Wicker Drive Property
North End Projects
Public Safety
Lincoln Avenue
Sidewalk Improvements
and formally adopt the 1997-2004 Capital Improvement Program.
In the discussion that followed, the Mayor asked for recommendations from the staff for
the Public Safety allocation. The City Manager, in referring to the railroad crossing repair,
said that it is the railroad's responsibility to maintain their property. Before the City
programs money for the crossing, we will approach them and ask that they fulfill their
obligations.
Councilmember Bowman said that it is incumbent upon the Council to assure that who
should pay for the repair of the railroad crossing does pay for it. The City Manager
reviewed the motion, clarified that the $100,000 for a public safety project, potentially
the Walker Street RR crossing if the railroad can't or won't fund it, and that the allocation
of the City's discretionary general funds totaled $1.1 million. The motion unanimously
carried bv the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
Councilmember Bowman mentioned that pocket parks could be a consideration in the
Lincoln Avenue allocation. Councilmember Jones concurred.
ACCEPTANCE OF LETTER OF RESIGNATION FROM MR. LINCOLN A. CASTRO, SERVING AS THE ClTY'S
REPRESENTATIVE ON THE BOARD OF TRUSTEES OF THE ORANGE COUNTY VECTOR CONTROL
DISTRICT: The City Manager reported that Mr. Castro has been the City's representative on
the Board of Trustees of the Orange County Vector Control District. He asked for Council's
direction as to the appointment of a Councilmember to serve on this Board or direct
staff to solicit applications from the community.
Councilmember Jones recommended that applications be solicited from the community
unless there is a Councilmember who wishes to serve on this Board. Councilmember
Bowman stated reasons why he believed it would be advantageous to have a
Councilmember serve.
AS no Councilmember wished to serve, it was moved by Councilmember Jones and
seconded by Councilmember Bowman to direct staff to solicit applications from the
community. The motion unanimously carried by the following roll call vote:
8
CITY COUNCIL MINUTES May 12, 1997
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
REVIEW OF OPTIONS FOR ROTATION OF MAYOR AND MAYOR PRO TEM POSITIONS: The staff
report indicated that the intent of this project was to review City Charter provisions and
alternatives to the current methodology for the selection of Mayor and Mayor Pro
Tempore. Existing City Charter requirements for selection of Mayor and Mayor Pro
Tempore were explained, various options for the selection were evaluated and it was
recommended that Council choose one option and direct staff to prepare a written
Council policy for their consideration. Mayor Carroll asked that this item be continued
and it was moved by Councilmember Bowman and seconded by Councilmember Jones to
continue this item. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
RECOMMENDATIONS FROM THE JOINT CITY COUNCIL/CABLE TV COMMISSION MEETING
REGARDING A REVISION OF NAME AND DUTIES RESULTING IN PROPOSED CHANGES TO THE
COMMISSION AS PROPOSED IN THE ORDINANCE TO MODIFY THE CYPRESS CITY CODE: At the
request of the City Manager, the Administrative Services Director presented the staff
report in which the suggested alterations to the Commission include a name change to
the Cable TV and Technology Commission with added duties increasing the Commission's
responsibility in the renewal of the franchise agreement, development of consumer
protection guidelines and assisting the City Council on other technology issues.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
approve the first reading of the Ordinance by title only, title as follows, amending
Chapter 2, Article IV, Cable Television and Technology Commission.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
CHAPTER 2, ARTICLE IV, "CABLE TELEVISION AND TECHNOLOGY COMMISSION," OF THE
MUNICIPAL CODE OF THE CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
CHANGING THE STREET NAME OF THE 5500 BLOCK OF MILDRED CIRCLE TO KANEL CIRCLE: The
City Manager reviewed the staff report wherein an explanation was provided on the
procedure involved to change the street name of the 5500 block of Mildred Circle to
Kanel Circle. The change had been requested in honor of former Councilmember John
Kanel who had dedicated many years of service to the City of Cypress. The residents on
Mildred Circle have received letters notifying them that the proposed street name
change would be considered at this meeting.
Councilmember Jones expressed concern about the precedent setting nature of this item
and the contacts that have to be made to those agencies providing emergency services
to the City. She is not opposed to honoring Mr. Kanel, but changing street names can be
very disruptive and she was not opposed to naming some other item in his honor.
Mayor Carroll said he had no problem naming a street after a person who has served on
the City Council for 20 years.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
adopt the Resolution by title only, title as follows, approving a street name change of the
5500 block of Mildred Circle to Kanel Circle. Councilmember Keenan stated he was
opposed to the street naming because of the precedent setting standard.
RESOLUTION NO. 4798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE NAME
OF A CERTAIN STREET TO BE CHANGED WITHIN THE CITY OF CYPRESS.
The motion carried by the following roll call vote:
CITY COUNCIL MINUTES May 12, 1997
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS:
2 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Piercy and Carroll
Jones and Keenan
None
REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITIONS NECESSITATING THE MORATORIUM
OF AUTO-RELATED USES WITHIN THE LINCOLN AVENUE SPECIFIC PLAN STUDY AREA: The City
Manager requested that the Community Development Director present the staff report
which indicated that on April 14, 1997, the City Council adopted interim Ordinance No.
961 enacting a moratorium on the acceptance and processing of Conditional Use Permits
(CUPs) and Building Permits for auto-related uses in the Lincoln Avenue specific Plan Study
Area. Since adoption of Ordinance No. 961, the City has continued to proceed with both
the Zoning Code update study and development of the Lincoln Avenue Specific Plan. The
City is also investigating the options of whether allowing clusters of auto-related uses,
instituting design guidelines, and/or limiting the percent of uses devoted to auto-related
businesses would alleviate the concerns.
Staff still has outstanding concerns regarding the adequacy of current parking standards
being applied to auto-related uses on small lots, pending completion of the Zoning Code
update now in progress. AdditionalIv, staff still believes that a proliferation of auto-
related uses within the Lincoln Avenue Specific Plan Study Area may not be consistent
with the goals and policies of the CvPress General Plan, Lincoln Avenue Redevelopment
Plan, and the draft Lincoln Avenue Specific Plan.
It was moved bv Councilmember Jones and seconded by Mavor Carroll to receive and file
this report, direct staff to prepare an Ordinance for an extension to the moratorium with
issues to be discussed at the next Council meeting. Councilmember Bowman asked if
staff has done any research or analysis and if lot consolidation was not going to be
analvzed then it should not be in any future reports. Perhaps the highest and best use
for Lincoln Avenue might be auto-related uses. The Community Development Director
advised that staff will be reviewing that item also. Councilmember Bowman said he
would be voting no on this item. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Jones, Keenan, Piercv and Carroll
I COUNCILMEMBERS: Bowman
0 COUNCILMEMBERS: None
RECESS: Mavor Carroll recessed the meeting at 10:15 p.m. and reconvened at 10:20 p.m.
with all Councilmembers present.
DISCUSSION OF THE TOWN HALL MEETING HELD ON MAY 5, 1997: Mayor Carroll asked the City
Manager to follow-up on the Town Hall Meeting that was held on May 5, 1997 at the City
Council's request. Council heard from the community at the meeting and the discussions
on tree ordinance and removal policy, code enforcement, dog dropping ordinance, cable
TV and miscellaneous Public Works Maintenance follow-up issues. The City Manager met
with the various Departments today to address these issues of concern expressed by the
residents in order to develop a course of action and prepare appropriate responses.
Progress reports will be provided to the Council by the end of May.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
receive and file the report and direct staff to respond to the citizens concerns and report
to Council. Councilmember Keenan expressed his pleasure with the attendance and he
hoped that it will be followed up with additional town hall meetings in the future. The
motion unanimousIv carried bv the following by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
REQUEST FROM THE CITY OF GARDEN GROVE TO PARTICIPATE IN A STUDY TO DETERMINE
FEASIBILITY OF ESTABLISHING A JOINT POWERS AGENCY FOR FIRE SERVICES AMONG CITIES
WITHIN NORTHWEST ORANGE COUNTY: The City Manager reported that the City of Garden
Grove had approached neighboring cities and advised them that Garden Grove was
interested in conducting a study to determine the feasibility of forming a joint powers
authority to provide regional fire services. The cities proposed to be included in the
study include Buena Park, CvPress, Garden Grove, La Palma, Los Alamitos, Seal Beach,
Stanton and Westminster. Garden Grove has committed to paying 50% of the cost of the
study and asked that the other cities contribute an equal share of the cost. Cypress
participates in the Orange County Fire Authority and the City Council does benefit from
having a representative on that Board.
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CITY COUNCIL MINUTES May 12, 1997
It was moved by Councilmember Bowman and seconded by Councilmember Jones that
the City not participate in the funding of this study. Mayor Carroll said that the
economies of scale are obvious because of the number of cities, approximately 700 full
time firefighters and approximately 600 paid call firefighters. He suggested the above
mentioned cities consider joining the OCFA. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 26101 - 26322: It was
moved by Councilmember Jones and seconded by Councilmember Keenan to approve
the Commercial Warrant List for Warrants No. 26101 through 26322 in the amount of
$1,341,588.32. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercyand Carroll
None
None
Recreation & Park District Matters: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors.
CONTINUATION OF MISSION STATEMENT FOR FORMATION OF AN ADULT DAY CARE TASK FORCE
TO RESEARCH THE NEED FOR AN ADULT DAY CARE PROGRAM/FACILITY AND FUNDING
ALTERNATIVES: The City Manager asked the Recreation & Parks District Director to present
the staff report. This item was continued from the April 28, 1997 meeting and that
report related the recommendation received from the Senior Citizens Commission to
pursue the feasibility of an Adult Day Care Facility and Program. Council has directed staff
to establish parameters to form a Task Force who will determine the need within the
community for an adult day care program and funding, if a need exists. Council
recommended that a seven member Task Force be appointed. Various issues should be
researched including the need for an adult day care program, type of program best
suited for Cypress, social adult day care versus health care, capacity, self-supportive versus
outside funding sources and contracting with an existing program as a satellite program.
Mayor Carroll referred to the mission statement and he would not like to see constraints
of bringing a facility into Cypress but wording to the effect of the best and most
practical way to provide day care facilities for citizens of Cypress. Councilmember Keenan
commented that everything should be explored and nothing ruled out, including health
adult day care.
It was moved by Mayor Carroll and seconded by Councilmember Keenan that the Cypress
City Council, acting as ex-officio governing Board of Directors for the Cypress Recreation
and Park District, approve the Adult Day Care formal Task Force mission statement, goals
and methodology in the formation of the seven member Task Force, with the
modifications suggested above. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
REVISIONS TO FACILITY USE POLICIES AND RENTAL FEES FOR CYPRESS COMMUNITY AND SENIOR
CENTERS: The Recreation & Parks District Director reported that the Recreation and
Community Services Commission at its meeting of April 15, 1997, voted 5-1 to recommend
that City Council approve various revisions to the Facility Use Fee Policy as recommended
by staff. The Facility Use Rental Fee Policy is generally reviewed every two years to
determine possible fee policy changes. In the past three years, the Community Center
and Senior Citizens Center have shown a steady decrease in revenues received. To
determine the reason for the decline in revenues, staff conducted surveys of other
municipalities with similar facilities, former users and special event planners. The results
of the survey demonstrated a need to consider changes in the advance time for parties
to reserve facilities and the rental time period and a reduction in some user fees.
Councilmember Keenan expressed concern about raising the fees for non-profit
organizations, the 15 month advance reservation and he would like to see a policy for
determining an hourly rate for less than five or six hours.
Mayor Carroll asked why a Cypress family would be charged so much more than a non-
profit organization and he did not support the disparity in the fees.
11
CITY COUNCIL MINUTES May 12, 1997
Councilmember Jones suggested that the non-resident, non-profit fee be at a market rate
to help subsidize the facilities.
Councilmember Keenan said that the City has a history of subsidizing the non-profit
organization and many of them make a substantial contribution to the City.
Mayor Carroll stated that he did not like the schedule and he would not vote for the fee
schedule. He felt that the City was holding up the families to subsidize someone else.
Councilmember Piercy commented that when the City is subsidizing the non-profit group
composed of Cypress residents, many individuals are benefited rather than one family.
Councilmember Jones asked if it were possible to add a designation of non-profit, non-
resident, non-resident membership group not be subsidized. The Recreation & Park
District Director said that any percentage of resident membership could be used.
Responding to Councilmember Bowman, the Recreation & Park District Director named
some of the organizations that are considered non-resident, non-profit.
Councilmember Jones suggested that the non-resident, non-profit fees be changed so
that if there are fewer than 25% Cypress residents, they pay the full price. She did not
have a problem subsidizing the resident, non-profit.
Councilmember Keenan viewed the fees as a subsidy to provide the services to the
community.
Mayor Carroll asked to see a roster of the non-profit organizations that qualify and he
does not like to see them subsidized at the expense of the families. He would approve
the increase in the non-resident, non-profit fees if he saw the membership numbers.
It was moved bv Councilmember Keenan and seconded by Councilmember Jones to
continue this item and direct staff to prepare a revised rate schedule in accordance with
Council's comments. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, PJercy and Carroll
None
None
RECESS: Mayor Carroll recessed the meeting at 10:55 p.m. to allow the City Council to act
as the Cypress Redevelopment Agency. The meeting reconvened at 11:05 p.m. with all
Councilmembers present.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda.
Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, said he believed it was a mistake to
name a street after John Kanel.
Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, told of the problem with the Garden
Grove School District busses using the residential streets in her neighborhood and they
are tearing up the streets. The City Manager said that staff will review the situation.
WRITTEN COMMUNICATIONS: FOr matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:07 p.m. to 5:30 p.m., Tuesday,
May 27, 1997, in the Administrative Conference ROOm.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF T'H-E ~i~"1~ '(~-~' '~¥-i5~'~ss --'
12