Minutes 97-06-23MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 23,1997
The Regular Meeting of the Cypress City Council was called to order at 5:02 p.m., Monday,
June 23, 1997, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange
Avenue, Cypress, Mayor Tom Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Keenan, Piercv and Carroll
Councilmember Jones
AlSO present were City Manager Mark Ochenduszko, Acting City Attorneys Betty Burnett
and Tom Woodruff, and staff members Kelly and Storey
WORKSHOP SESSION:
Cypress Economic Development Council:
Mr. Darrell Essex, Executive Director of the Cypress Economic Development Council,
introduced the Marketing Committee who made a presentation to the City Council on the
economic development climate for the Cypress Business Park along with major tenant
migration, marketing strengths, and competition.
COUNCILMEMBER JONES ARRIVED AT 6:00 P.M.
Lincoln Avenue Specific Plan/Lot Sizes:
Staff made a presentation to the City Council relating to the Lincoln Avenue Specific Plan
streetscape design element_s, an inventory of lot sizes on Lincoln Avenue and an update
of the work being performed by the Committee.
RECESS: Mayor Carroll recessed the meeting at 6:15 p.m. to enable the Council to
continue the meeting in the Council Chamber. The meeting reconvened at 6:20 p.m. with
all Councilmembers present.
CLOSED SESSION: The Mayor immediately recessed the meeting 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. ANO 9311488; Conference with Legal Counsel, Existing Litigation (Government
Code Section 54956.9(a) Paramount Ready Mix V. City of Cypress, et al, Orange County
Municipal Court West-Case Number 229637; Liability Claim (Government Section 54956.95),
Vasquez V. City of Cypress and Conference with Labor Negotiator (Government Code
Section 54957.6) Top Management Employees. The meeting reconvened at 7:00 p.m. with
all Councilmembers present. Also present were staff members Bacock, Christoffels,
DeCarlo, Kelly, Krauss, and Storey.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Keenan.
PRESENTATIONS:
LOyalty Oaths were administered by the Deputy City Clerk and Mayor Carroll presented
Certificates of Appointment to incoming Recreation and Community Services
Commissioners David Bornstein, Bill Woodson and Bill Wostenberg.
Newly-appointed members of the Adult Day Care Center Task Force, Michael MCGill, Alfred
Prevost, Harry Gardikis, Susan Linde and Rozanne Donaldson were administered Loyalty
CITY COUNCIL MINUTES June 23, 1997.
Mayor Carroll provided Resolutions of Commendation to the Cypress Chamber of
Commerce 1997 Woman of the Year, Mrs. Pam Kelch; 1997 Man of the Year, Mr. Nick
Eighmy; Mitsubishi Electric America, 1997 Large Business of the Year and World Marketing,
Ltd., 1997 Small Business of the Year. _
Mayor Carroll announced that there were headphones available in the Council Chamber
for the hearing impaired members of the audience.
REVIEW OF CLOSED SESSION/WORKSHOP AGENDA:
The Acting City Attorney Burnett reviewed the discussions held during Closed Session on
Conference with Legal Counsel on two existing litigation cases in which the WCAB Case No.
ANO 0311488 was continued; Liability Claim of xavier vasquez v. the City of Cypress was
denied and the Personnel item of Labor Negotiations with Top Management Employees.
The City Manager summarized the presentations made during the workshop session on
Cypress Economic Development Council and Lincoln Avenue Specific Plan/Lot Sizes.
ORAL COMMUNICATIONS: Limited to One-Half HOur.
Mr. Merwyn Smith, 9997 Graham Street, Cypress, was present for himself and several of his
neighbors to express concern about the former TaCO Bell on Ball Road. He addressed the
sign which appeared to be larger than before, its bright illumination, and the loud
speaker system and the 24 hour operation. This site is surrounded on three sides by
residences and he will be meeting with a member of the Community Development
Department this week.
The Mayor asked the City Manager to provide follow-up to Mr. Smith's concerns.
Mr. DOn Wesling, 11431 Anegada Street, Cypress, referred to the City of Orange's contract
with its trash hauler and wondered if Cypress had safeguards. He brought up the perils of
particulates and he asked Councilmember Bowman if he was acting as an agent or broker
on the property transaction on Walker Street.
Councilmember Bowman said he did, on the advice of the City Attorney, excuse himself
and spoke as a citizen to the issue, which the City Attorney advised was perfectly legal to
do. He has communicated in writing to the FPPC tO obtain a ruling and will share the
response with Mr. Wesling.
Ms. Joanne West, 9375 Cambridge Street, Cypress, referred to the Wicker Drive property
and the Committee's desire to see the Civic Center expanded to include larger facilities
for the Police Department, a Fire Station and a Community Theatre.
Mr. Dan Golden, 4173 Elizabeth Court, Cypress, said he was in support of the funding of
Arts Projects from City General Fund Reserves. As President of the Cypress Art League, he
expressed the need for a portion of those funds.
Sgt. Ray Peterson, City of Cypress employees, spoke on the reorganization of City staff
and the budget. He mentioned the elimination of several positions, employees laid off
and new positions created; however, the laid off employees were not being asked to
accept those new positions. The Police Department is still suffering from layoffs that
occurred several years ago.
Councilmember Keenan referred to articles in the local newspapers on the displeasure
shown by a number of City Councils with fellow Councilmembers serving as members of
the County Sanitation District on a vote that increased sewer service fees. He
commended the City~s representative, Mayor Carroll, who voted no to the increases.
Administrative Services Director Gary Bacock announced that the cable company,
MediaOne, is hosting a town hall meeting to discuss cable issues. The meeting will be held
on June 30, 1997 in the Council Chamber from 7 to 9 p.m. MediaOne will be video taping
the event to be shown at a later date.
CITY COUNCIL MINUTES June 23, 1997.
NO. 9697-15, tO Great Pacific Equipment, Inc., 175 E. Freedom Avenue, Anaheim, CA 92801,
in the amount of $61,660.41. Mayor Carroll asked if anyone wished to challenge the
award. No one did so. 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
SORRENTO LANDSCAPE MAINENANCE CONTRACT: The City Manager requested the Public
Works Director to present the staff report which indicated that by prior agreement, the
City of Cypress will be required to assume the landscape maintenance for the Sorrento
Tract on July 1, 1997. Due to the short transition notice, staff is recommending that the
City award a one year landscape maintenance contract to the existing contractor now
maintaining the landscaping for the developer. During this one year period, staff will
work with the City Council and the residents of Sorrento on developing the level of
maintenance that the City should be providing to this area in the future, develop
specifications for the agreed upon maintenance and solicit bids for a long term contract.
Mayor Carroll expressed his displeasure on the short notice given by Cypress Homes, Inc.
to the City to assume the landscaping maintenance.
It was moved by Councilmember Jones and seconded by Councilmember Piercy to award
the Sorrento Landscape Maintenance Contract to Pacific Coast Maintenance, 2885 E. La
Cresta, Anaheim, California 92806, for a one year period beginning July 1, 1997 and
terminating June 30, 1998, in the amount of $35,890. Due to the malfunction of the
voting machine, a roll call vote was taken and the motion unanimously carried:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
It was requested by Councilmember Keenan to remove Item NO. 14, Street Tree Removal
and Replacement Workshop Follow-up. Mayor Carroll asked that Items No. 6 and 9,
Request for Governmental Exemption for the Installation of an Emergency Operations
Center TV/Antenna Tower at the City Maintenance Yard and Monthly Investment Program
for May 1997, respectively, be pulled.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to
approve the Consent Calendar Items NO. 3 through 18, with the exception of Items NO. 6,
9 and 14. Hearing no objections, Mayor Carroll so ordered. A roll call vote was taken and
the motion unanimously carried:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 3: Motion to Approve City Council Minutes of June 7, 1997 and June 9, 1997.
Recommendation: That the City Council approve the Minutes of the Adjourned Regular
Meeting of June 7, 1997, and the Regular meeting of June 9, 1997.
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: Adoption of Resolutions Commending! the Cypress Chamber of Commaroy's
CITY COUNCIL MINUTES June 23, 1997.
RESOLUTION NO. 4811
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MRS. PAM
KELCH, 1997 WOMAN OF THE YEAR, AWARDED BY THE CYPRESS CHAMBER OF
COMMERCE.
RESOLUTION NO. 4812
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MR. NICK
EIGHMY, 1997 MAN OF THE YEAR, AWARDED BY THE CYPRESS CHAMBER OF COMMERCE.
RESOLUTION NO. 4813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MITSUBISHI
ELECTRIC AMERICA, 1997 LARGE BUSINESS OF THE YEAR, AWARDED BY THE CYPRESS
CHAMBER OF COMMERCE.
RESOLUTION NO. 4814
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING WORLD
MARKETING, LTD., 1997 SMALL BUSINESS OF THE YEAR, AWARDED BY THE CYPRESS
CHAMBER OF COMMERCE.
Item No. 7: Proclaiming July 1997, as "Parks and Recreation Month."
Recommendation: That the Mayor and City Council officially proclaim July 1997, as "Parks
and Recreation Month" in the City of Cypress.
Item NO. 8: Renewal of Non-ExClUSiVe Taxicab Franchise - A-AAA Yellow Cab, Inc.
Recommendation: That the City Council authorize a one-year renewal of the non-
exclusive Taxicab Franchise issued to the A-AAA Yellow Cab, Inc., to expire on June 12,
1998.
Item NO. 10: Acceptance of Parcel Map NO. 96-192, Property Located at Southwest Corner
Valley View Street and Corporate Avenue.
Recommendation: That the City Council approve Final Parcel Map NO. 96-192, and
authorize the City Clerk to sign the Record Map.
Item No. 11: Resolution of the City Council of the City of Cypress, Granting Temporary
Jurisdiction to the County of Orange, the Streets Located Within the Cypress Acres Project
Area for Right-of-Way Acquisition and Construction Purposes.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, granting the County temporary jurisdiction to the streets within the area known
as Cypress Acres for purposes of right-of-way acquisition and construction purposes.
RESOLUTION NO. 4815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING THE COUNTY
OF ORANGE, TEMPORARY JURISDICTION TO THE SPECIFIC STREETS FOR PURPOSES OF
RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF PHASE 2 IMPROVEMENTS FOR
CYPRESS ACRES.
Item No. 12: Annual Requalification of Participating Cities in the County of Orange Arterial
Highway Financing Program (AHFP).
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, informing the Orange County Transportation Authority (OCTA) that the
Circulation Element of the Cypress General Plan conforms to the County Master Plan of
CITY COUNCIL MINUTES June 23, 1997.
Item NO. 15: Amendment to the City's Position Classification Plan Adding and Changing
Job Specifications and Establishing Compensation for Positions as Adopted in the FY 97-98
Budget.
Recommendation: That the City Council approve to adopt: 1) the attached job
specifications for the positions of Assistant to the City Manager, City Clerk, Secretary to
the City Manager, Secretary to Department Head, Office SpecialisbPolice, Director of
Finance and Administrative Services, Personnel Manager, Personnel Analyst, Accountant,
Personnel Technician, Senior Systems Programmer Analyst, and Redevelopment/Economic
Development Manager; and 2) the attached Resolution by title only, title as follows,
amending and revising the City's Classification Plan and establishing compensation for
added and/or reclassified positions upon adoption of the FY 97-98 Budget
RESOLUTION NO. 4817
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION
NO. 3574, BY ADDING THE JOB SPECIFICATIONS AND ESTABLISHING COMPENSATION FOR
THE POSITIONS OF ASSISTANT TO THE CITY MANAGER, REDEVELOPMENT/ECONOMIC
DEVELOPMENT MANAGER, PERSONNEL MANAGER, PERSONNEL ANALYST, SENIOR
SYSTEMS PROGRAMMER ANALYST, PERSONNEL TECHNICIAN, ACCOUNTANT, SECRETARY
TO THE CITY MANAGER, SECRETARY TO THE DEPARTMENT HEAD, OFFICE SPECIALIST-
POLICE, AND CHANGING THE JOB SPECIFICATIONS FOR THE POSITIONS OF DIRECTOR OF
FINANCE AND ADMINISTRATIVE SERVICES AND CITY CLERK IN THE POSITION
CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS.
Item NO. 16: Adoption of Resolution Requesting the Orange County Transportation
Authority to Allocate Combined Transportation Program Funds for the Road Traffic Signal
Interconnect Project, Public Works Project NO. 9320.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, requesting the Orange County Transportation Authority to Allocate Combined
Transportation Program Funds for the Ball Road Traffic Signal Interconnect Project, Public
Works Project No. 9320.
RESOLUTION NO. 4818
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE
COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION
PROGRAM FUNDS FOR BALL ROAD TRAFFIC SIGNAL INTERCONNECT PROJECT.
Item NO. 17: Resolution Commending Eagle Scout Sumit Mahendra Khandhar.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Boy ScOut Sumit Mahendra Khandhar on attaining the rank of Eagle
ScOut.
RESOLUTION NO. 4819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
SUMIT MAHENDAR KHANDHAR ON ATTAINING THE RANK OF EAGLE SCOUT.
Recreation & Park District Matters:
Item No. 18: Continuation of Approval of Plans and Specifications, and Authorization to
Solicit Bids for the Replacement of Playground Equipment at Arnold/Cypress Park, From
community Development Block Grant Funds.
Recommendation: That the Cib/Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, approve the Plans and
Specifications, and authorize staff to solicit bids for the replacement of playground
CITY COUNCIL MINUTES June 23, 1997.
Director suggested that the request be denied and that staff be directed to process a
conditional use permit.
It was moved by Councilmember Jones and seconded by Mayor Carroll to deny the
request for governmental exemption to the Cypress City Code for the installation of an
Emergency Operations Center TV/Antenna Tower at the City Maintenance Yard and direct
staff to process a conditional use permit. Mayor Carroll asked if there were any
objections and Councilmember Piercy objected. The motion carried by the following
vote:
AYES: 4 COUNCILMEMBERS: Bowman, Jones, Keenan and Carroll
NOES: I COUNCILMEMBERS: Piercy
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item No. 9, Monthly Investment Program for the Month of May 1997, Mayor
Carroll noted an $8 million reserve in the General Fund, which has increased about $1.5
million in the last few months. The Finance Director explained that increase reflected
half of the property taxes that were received in April. It was moved by Mayor Carroll and
seconded by Councilmember Jones to receive and file. Mayor Carroll asked if there were
any objections and hearing none, he so ordered.
In regard to Item No. 14, Street Tree Removal and Replacement Workshop Follow-Up,
Councilmember Keenan stated he requested this item be removed because he was in
disagreement with the direction the policy was taking and he read into the record a
portion of a letter from MS. Wanda Slade, Marion Avenue, as follows: "I'm not the type of
person that likes to see trees removed. I'm a person who likes nature and likes country
settings of trees as I'm from the country, the State of Missouri. I see a problem here. I
believe we're supposed to treat others as I myself would like to be treated. I do not want
to see children get hurt nor do I want my lawn and home damaged by this tree. The
letter to me indicates that your review of tree removal does meet the City's criteria for
removal. Put yourself, living at this home, with the above-stated case. I'm a hard-working
individual. I take care of my own person and property. I'm very clean, neat and
organized so I feel that this request that I have been making for approximately two
months is reasonable. My neighbors feel the same way." Councilmember Keenan
concurred with her remarks and would vote "no" on this item. Mayor Carroll commented
that a large part of the policy was the result of the town hall meeting and he believed it
was a wise policy. Councilmember Piercy concurred with the Mayor.
It was moved by Councilmember Jones and seconded by Councilmember Piercy to
receive and file. Mayor Carroll asked if anyone objected and Councilmember Keenan said
he felt that this policy placed higher liability on the City. The vote to receive and file was
as follows:
AYES: 4 COUNCILMEMBERS:
NOES: 1 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Piercy and Carroll
Keenan
None
END OF CONSENT CALENDAR
RECESS: Mayor Carroll recessed the meeting at 8:07 p.m. for voting machine repair and
reconvened at 8:20 p.m. with all Councilmembers present.
PUBLIC HEARINGS:
CONDITIONAL USE PERMIT NO. 97-5, REQUEST TO ESTABLISH A WHOLESALE DISTRIBUTION
FACILITY, LOCATED AT 11137 WARLAND DRIVE, IN THE PC-4 ZONE: Mayor Carroll opened the
public hearing and the City Manager asked the Community Development Director to
present the staff report. The application was a request to establish a wholesale
distribution facility in a previously approved 61,433 square foot structure. This request
for wholesale distribution required a conditional use permit per the Warland/Cypress
CITY COUNCIL MINUTES June 23, 1997.
Mr. John Law, Warland Investments, Inc., said that this project was before the Council in
September and there have been no changes to the project. The use would be about 25%
office, 20 to 25% lab or tech area and some warehousing requirements. MOSt businesses
in the Business Park have distribution requirements and this facility will have part of the
use involved with product distribution. He then answered questions from the Council.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
close the public hearing, adopt a finding of de Minimis impact, approve the Negative
Declaration and direct staff to file a Notice of Determination and de Minimis Impact
Exemption; and adopt the Resolution by title only, title as follows, approving Conditional
Use Permit No. 97-5, subject to conditions.
RESOLUTION NO. 4820
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 97-5 - WITH CONDITIONS.
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
CONDITIONAL USE PERMIT NO. 97-6, REQUEST TO ESTABLISH AN ONSITE DRY CLEANERS, 4017
BALL ROAD: The public hearing was opened by Mayor Carroll. The Community
Development Director introduced two communications received. One from Barker Real
Estate Management, who felt that the proposed dry cleaning facility would be a valuable
addition to the center and neighborhood. The second communication was received
from Mail Plus More, a business in the center, submitting a petition with nine signatures
in support of the dry cleaners. She then referred to the staff report which represented
an application to establish a 1,400 square foot onsite dry cleaners within an existing
commercial shopping center at the northeast corner of Ball Road and Bloomfield Street.
NO exterior improvements to the center are proposed with this application. The interior
improvements consist of the installation of one 35 pound dry cleaning machine,
miscellaneous garment finishing equipment and a customer counter area. The
installation and operation of the dry cleaning machine requires a permit from the South
Coast Air Quality Management District (SCAQMD). In accordance with the requirements of
the California Environmental Quality ACt (CEQA), a Negative Declaration will be filed for
this 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.
The applicants, Sam and Jin Kim, 500 S. Berrendo, LOS Angeles, answered questions from
the Council.
NO one wished to speak in favor of or in opposition to the application.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to close
the public hearing, approve the Mitigated Negative Declaration and direct staff to file a
Notice of Determination and adopt the Resolution by title only, title as follows, approving
Conditional Use Permit NO. 97-6, subject to conditions.
RESOLUTION NO. 4821
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 97-6- WITH CONDITIONS.
The rnetien un~nimeusl¥ ~rried by the following roll ~11 vete:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
CITY COUNCIL MINUTES June 23, 1997.
Projects are $797,435 higher due to additional funding provided by the City and the use
of accumulated Park Development Fees. The total operating revenues presented for
adoption are $3,220,342, which is $81,546 or 2.6% higher than the prior year's adopted
budget. The City's General Fund will be transferring to the District budget an amount of
$375,000, $300,000 for the renovation of Arnold/Cypress Park and $75,000 for a skate
board park. In addition, the Lighting District of the City will be transferring $110,000 for
field lighting at Oak Knoll Park and Lexington Junior High School, and there will be a
donation from AYSO.
Councilmember Keenan said that he didn't believe the Cultural Arts Commissioners had an
opportunity to vote on the budget and it seems it should have been presented to that
Commission for their approval. He asked if some money had been made available to the
Friends of the Cypress Cultural Arts. Mayor Carroll asked the District Director if the
Recreation and Community Service Commission voted on the budget and the Director
replied that they review and vote on the total budget. The other Commissioners have
the opportunity to participate in recommending capital projects.
Responding to Mayor Carroll, the Finance Director answered that the Council is voting on
the total budget. It can be amended by the Council and items can be shifted under
certain restrictions.
The City Manager commented that at the next Cultural Arts Commission meeting there
will be a discussion identifying the funds available for Cultural Arts activities. In the
future, staff will indicate that activity as a separate program so it can be reviewed by the
Cultural Arts Commission.
Councilmember Bowman asked if the allocation of $30,000 from General Fund money
needed to be transferred to the Recreation and Park District budget. The City Manager
replied that it did not specifically have to be transferred to Recreation and Parks, but it
could be placed in an account and expended.
Councilmember Keenan referred to the Community Festival and was concerned about
the image that was presented as far as the funds expended on behalf of the City. He
referred to a letter from the District Director saying that none of the funds come back to
the City or Park District and remain with the Cypress Community Festival Association.
Councilmember Keenan said that perception is misleading and disappointing because the
City does subsidize the Community Festival.
Councilmember Piercy commented that she did not interpret the District Director's letter
in that same manner. She understood that the profit from the Festival does not come
back to the City. The City does subsidize the Festival with in-kind services. She did not
understand where the contradiction was. Councilmember Keenan said there is a subsidy
from the City and yet there has never been a policy of trying to recover costs or there
are no financial statements from some of the groups being subsidized. He wanted the
Recreation and Park District to clarify that the City does contribute a percentage to the
event and City funds are expended.
Councilmember Jones said that Council supports the services provided to the Community
and she believed that Councilmember Keenan is proposing additional clarification in the
reporting.
Responding to Mayor Carroll, the City Manager replied that all the non-profit
organizations will be placed in one area for both the City and Recreation and Park District
budgets for the next fiscal year.
Mayor Carroll asked if anyone wished to speak in support of or in opposition to the
adoption the 1997-98 budget for the Cypress Recreation and Park District.
MS. Joanne West, g375 Cambridge Street, Cypress, spoke in support of the Cypress POPS
and thanked the Council for helping to clarify the problems.
CITY COUNCIL MINUTES June 23, 1997.
by the Mayor. The City Manager asked the Public Works Director to present the staff
report. The Cypress Corporate Center Landscaping Maintenance District NO. I was
established to provide for ongoing maintenance of the Stanton Channel landscape berm
which acts as a buffer between the businesses and residences to the south. Adoption of
the Resolution will provide for assessments on Cypress Business Park properties which
abut the channel so that maintenance of the berm can continue during Fiscal Year 1997-
98. Affidavits of posting and publication of these notices are on file in the office of the
City Clerk. With the passage of Proposition 218, all property owners affected by the
assessments were notified and provided ballots asking them to vote whether or not they
approved the renewal of the assessment for berm landscape maintenance for FY 1997~98.
Staff will announce the results of the owner ballot submittals after the public hearing.
Mayor Carroll asked if anyone wished to speak in support of or opposition to the renewal
of the Cypress Corporate Center Landscape Maintenance District NO. 1. NO one spoke.
The Public Works Director stated, for the record, there are 18 parcels and they are held by
four corporations. Two of them responded, so, in terms of votes, there was a 100%
positive vote on the ballot.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
close the public hearing, adopt the Resolution by title only, title as follows, ordering the
renewal of Cypress Corporate Center Landscape Maintenance District NO. 1 for Fiscal Year
1997-98, pursuant to the Landscaping and Lighting Act of 1972 and authorize the Mayor to
sign the Proposition 218 Certification statement.
RESOLUTION NO. 4822
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING
THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT
NO. I FOR FISCAL YEAR 1997-98, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF.
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
VARIANCE NO. 95-3, ROOF-MOUNTED AIR CONDITIONING UNIT, LOCATED AT 4322 CRESCENT
AVENUE: Mayor Carroll opened the public hearing. The City Manager referred to the staff
report, which advised that the applicant had submitted a written request to continue the
public hearing of this item to the meeting of July 14, 1997.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
continue the consideration of Variance NO. 95-3 to the meeting of July 14, 1997. 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:
CONTINUATION OF DESIGNATION OF FUNDING FROM CITY GENERAL FUNDS RESERVES FOR AN
ARTS PROJECT TO BE DETERMINED BY THE CULTURAL ARTS COMMISSION: The City Manager
summarized the staff report which had directed the Cultural Arts Commission to discuss
and decide on arts projects not exceeding $30,000 to be recommended to the Council.
The recommended project~ approved by the Council would be funded with the fund
balance reservation in the City's General Fund at a level to be determined by the City
Council. All Quimby Act monies are being expended as allowed by law for park acquisition
and/or construction and the funds are not available for feasibility study use.
CITY COUNCIL MINUTES June 23, 1997.
Cultural Arts Authorfest day. She asked that the $30,000 be extended to the Cultural Arts
Commission to implement some of the ideas presented.
Councilmember Jones said she believed that the Council should have the ultimate say on
how the monies are to be spent. Chair Shermet concurred.
Responding to Councilmember Keenan, MS. Shermet replied that the Commission would
prioritize their requests into five or six items at their next meeting. They would proceed
with the requests for proposal and then return to Council.
Councilmember Jones clarified that any future feasibility study could come through the
Recreation and Park budget or a proposal to the City Council. The City Manager
responded that the first place would be from the District.
MS. Shermet said she had suggested that the Cultural Arts Commission have a liaison to
the Recreation and Park Commission during their budget meetings so their projects
might be included for the next fiscal year.
MS. Joanne West, 9375 Cambridge Street, Cypress, said she noted that the citizens really
would like a Cultural Arts Center and see the Civic Center expanded. She stated that all
the proposed cultural arts projects were good.
Councilmember Keenan clarified that the feasibility funds are gone, they no longer exist.
The City Manager replied in the affirmative.
Councilmember Jones would support the granting of the funds and return to Council for
final project approval. Councilmembers Bowman and Keenan concurred.
Mayor Carroll suggested the $30,000 be allocated to art projects that would come before
Council for approval and he would not be in favor of spending money on a feasibility
study.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
approve the appropriation of $30,000 for art projects on a one time basis with final
approval from the City Council. The motion unanimously carried with the following roll
call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
CONTINUATION OF RESOLUTION MAKING CERTAIN FINDINGS IN CONNECTION WITH A DISABILITY
RETIREMENT APPLICATION: The City Manager advised that there has been a request for a
continuation and it was moved by Councilmember Keenan and seconded by
Councilmember Bowman 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
NEW BUSINESS:
IMPLEMENTATION OF A HOME PAGE TO ESTABLISH AN INTERNET PRESENCE FOR THE CITY OF
CYPRESS: The City Manager asked the Finance Director to present the staff report which
summarized the different alternatives and types of home pages and the benefits, costs
and concerns relating to a home page system for the City of Cypress. Of the four options
outlined, the most cost effective is the creation of a dynamic home page that is hosted
by an Internet service bureau. The first year of the City's presence on the Internet would
provide City Council and staff with the ability to assess the home page's success, as well as
~rr~irlinr~ ~r~-r~r r~vnr~rir~n~r~ ~nrl I/nr~A~lz~rlrtr~ ~: ~hr~ In~rr~
CITY COUNCIL MINUTES June 23, 1997.
Councilmember Keenan said he would lean toward Option 2 because he felt the Cid/was
behind schedule for getting on the Web and it was important to establish a WEB address
as soon as possible.
Councilmember Piercy agreed with the selection of Option 2 and then determine how
well it will be utilized before going to the next level.
Mayor Carroll cautioned that when the City comes to the downloading phase, the
taxpayers should not be liable for that feature.
Mr. Craig Bourne, 10643 Jill Street, Cypress, said that he was largely in concurrence with
the recommendations made by staff. He would suggest Option 2 to let the people
involved become comfortable with the system.
It was moved by Councilmember Jones and seconded by Councilmember Piercy to
authorize staff to initiate the creation of a dynamic home page (Option 2) for the City of
Cypress, hosted by an Internet service bureau, with funds for the first year of the project
not to exceed $15,000. 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
REQUEST TO INITIATE ANY NECESSARY AMENDMENTS TO THE GENERAL PLAN, ZONING CODE AND
CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN TO ALLOW FOR FUTURE SINGLE-
FAMILY RESIDENTIAL DEVELOPMENT WITHIN THIS SPECIFIC PLAN AREA: The City Manager
requested the Community Development Director to review the staff report. She stated
that she would call upon the Acting City A~torney for assistance on this very complex
issue. The City received a request from Mr. Kerry Choppin of The Olson Company seeking
city Council clarification and direction on potential consideration of single-family
residential development within the Cypress Business and Professional Center Specific Plan
(CB&PCSP). The Olson Company is interested in building single-family detached housing on
the southwest corner of Cerritos Avenue and Walker Street. The property that The Olson
Company is interested in developing is subject to a number of layers of land use
regulation, many of which may require policy direction and/or amendment to
accommodate the proposed residential use. Any amendment to the General Plan by
which property designated for manufacturing use would be classified to allow residential
use shall not be effective until approved by a majority of the voters voting at any
succeeding regular or special City election. The three main issues for Ci1:y Council
consideration are:
Should the City initiate an amendment to the Cypress Zoning Code repealing
Ordinance No. 5432 thereby, if approved, deleting the requirement for voter
ratification of future General Plan amendments that would change or allow for
residential use within areas currently designated for manufacturing use.
Should the City investigate the ability to redesignate the BP General Plan
designation and the PBP zoning, which were originally established by voter
initiative?
Should the City initiate the various amendments necessary to consider future
residential use within the CB&PCSP?
Mayor Carroll polled the Councilmembers asking if they had any financial interest in this
transaction. All Councilmembers replied in the negative except Councilmember Bowman
who said he is involved in a transaction with the Nazarene Church, who owns this specific
site, whereby he would be paid a fee. Mayor Carroll asked the City Attorney the
procedure Councilmember Bowman should take. Councilmember Jones added that the
financial interest would be a broker-agent relationship. Acting City Attorney Tom
Woodruff said he believed there was a conflict and Councilmember Bowman should
excuse himself. Acting City Attorney Betty Burnett stated that was the position. It is up
CITY COUNCIL MINUTES June 23, 1997.
Councilmember Jones asked Acting City Attorney Burnett if The Olson Company could
take this question to a vote of the people. The Acting City Attorney advised that was
correct but it would be only one item and the decision of the Council to start this process
would implicate other agreements. The Council cannot repeal Measure D and it would
have to be repealed by a vote of the people.
Councilmembers Piercy and Keenan noted that if Ordinance No. 543 is repealed, it would
affect the uses city-wide.
Responding to Mayor Carroll, the Finance Director answered that 6.2 acres in a Business
Park would supply approximately $130,000 to $185,000 in revenue as compared to about
$110,000 for residential development.
Councilmember Jones had a major concern about unraveling what has occurred in the
past on this property and it should remain a Business Park.
Mayor Carroll said he would not vote favorably to repeal Ordinance No. 543 and he
advised staff to reject the request and proceed with the original goals on the property.
Councilmember Piercy commented that the developer is asking to change the zoning of
an entire City as well as a small parcel for a very small monetary amount. She would like
to see it remain a Business Park.
It was moved by Councilmember Piercy and seconded by Councilmember Jones to direct
staff not to research the implications of initiating an amendment to the Cypress Zoning
Code repealing Ordinance NO. 543. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: I COUNClLMEMBERS~ Bowman
INTERIM MEGAN'S LAW POLICY: The City Manager asked the Acting Police Chief to introduce
the staff report which summarized legislation effective with AB 1562, Megan's Law.
AUthOrizes local law enforcement agencies, including the California Department of
Corrections, to disclose information that is necessary to protect the public
concerning sex offenders convicted of specified crimes.
o
Standardizes the criteria necessary for the release of information and the type of
information that may be disclosed.
Requires the Department of Justice on or before July 1, 1997, to provide CD-ROM or
other electronic medium containing information to local law enforcement
agencies regarding persons required to register as sex offenders for an offense
listed.
o
Requires each local law enforcement agency to have a Megan's Law policy in place
by July 1, 1997. The Cypress Police Department has developed an "Interim Megan's
Law" policy that meets the current requirements of Megan's Law.
Responding to Councilmember Keenan's inquiry about sharing information with
surrounding cities and school districts, the Acting Police Chief said that as names become
available they would be run through the system.
Councilmember Jones raised some concerns about notification to the residents and the
Acting Chief explained that the law has given the power to the Police Department to
notify residents, schools and neighbors of those sexual offenders that are likely to repeat
their offense.
M~vnr C~rrnll r~rnrnenclecl that the Police Department be more assertive in aDDl¥in~q
CITY COUNCIL MINUTES June 23, 1997.
After some additional discussion, the Acting Police Chief stated that the Police
Department is approaching this matter as aggressively as is legally possible and they
intend to do a fine job in handling this situation.
Councilmember Jones referred to the high risk sex offender that was within the City
without the knowledge of the community and the citizens deserve the right and
privilege of knowing who those people are.
Mayor Carroll said he would like to see a stronger policy.
Councilmember Bowman suggested that there be a budget item as to what it would cost
to have the data available to the community.
Capt. Krauss believed that the policy was written as the law allowed and they cannot
make it any harsher than that.
It was moved by Mayor Carroll and seconded by Councilmember Jones to receive and file
the report with Council review in 60 days. 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
Councilmember Keenan felt it was important to determine the cost on this issue.
SCHEDULING INTERVIEW SESSION FOR APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL
DISTRICT: The City Manager presented the staff report which indicated that staff had
advertised for applications from residents to serve as the City's representative to the
Board of Trustees of the Orange County Vector Control District to fill the unexpired term
of office until December 31, 1997. Two applications were received.
After a short discussion, Council agreed the interviews would be held at 4:45 p.m. on July
14 in the Administrative Conference Room.
ADOPTION OF THE 1997-98 BUDGET FOR THE CITY OF CYPRESS: The City Manager referred to
the staff report which noted that the preliminary 1997-98 budget was reviewed by the
City Council with the City Manager and Department Heads. The changes requested by the
City Council have been incorporated into the budget document and include the
reorganization of the Administration and Finance Departments as well as the additional
$1.1 million of Capital Improvement Projects funding. He noted that the General Fund
Budget will be $15,600,000 as compared to $16,500,000 for the current fiscal year and the
actual percentage change reflects a reduction of 5.6%. The workplan Objectives asked
for by the City Council can be accomplished within that budget and would include the
implementation of the Capital Improvement Program.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
adopt the Resolution by title only, title as follows, approving the annual budget for the
fiscal year commencing July 1, 1997. Mayor Carroll referred to the question asked by
Sergeant Peterson regarding the reorganization of the City staff and asked the City
Manager to comment. The City Manager replied that any time reorganization takes place
and results in the elimination of positions, it is unfortunate. It was important to
determine if the most cost effective results were achieved in resource allocation. It was
also important to consider using existing people where those positions were being
eliminated and efforts were made to reassign people.
RESOLUTION NO. 4823
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ANNUAL
BUDGET FOR THE FISCAL YEAR, COMMENCING JULY I, 1997, AND FIXING THE
CITY COUNCIL MINUTES June 23, 1997.
Commercial Warrant List for Warrants No. 26713 through 26923 in the amount of
$1,392,814.74. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors. No items were presented.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency.
Mayor Carroll recessed the meeting at 11:10 p.m. to enable the City Council to act as the
Cypress Redevelopment Agency. The meeting reconvened at 11:12 p.m. with all
Councilmembers present.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda.
Ms. Sharon Hanson, Cypress resident, spoke about Megan's Law and the importance of the
issue to her. She was present for the hundreds of children in the City because she
wanted them to be safe.
Mr. Don Wesling, 11431 Anegada Street, Cypress, said that the citizens had a right to know
who their neighbors were and they should be notified.
Councilmember Keenan mentioned that a scholarship fund has been established for Mr.
Bill Billiter, the L. A. Times reporter who covered the City of Cypress, at UC Irvine where he
taught in the extension program.
The City Manager thanked Richard Storey, Finance Director, and the other department
heads in putting together the budget for the coming fiscal year. He also thanked the
Acting City Attorney, Betty Burnett.
Councilmember Jones congratulated staff for the fabulous past year.
WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda.
None were presented.
ADJOURNMENT:
Mayor Carroll adjourned the meeting at 11:15 p.m. to Friday, June 27. 1997 at 8 a.m. for a
breakfast meeting with Assemblyman Scott Baugh at the Cypress Golf Club.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS