Minutes 97-09-22MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 22, 1997
The Regular Meeting of the Cypress City Council was called to order at 5:02 p.m., Monday,
September 22, 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, City Attorney and staff members DeCarlo, Raheb,
Storey, Justen and Angus, along with two consultants, Laura Stinson and Kelly Casitas from
Cotton Beland Associates.
WORKSHOP SESSION:
Status Report - Adult Day Care Task Force. Representatives from the Adult Day Care Task
Force updated the Council on their work. The City Council approved an allocation of
$2,000 from General Fund reserves to the Recreation and Park District to fund a survey on
day care needs in the City.
Comprehensive Zoning Code Update. A presentation was made of the preliminary draft
update of the City's zoning code by the representatives of Cotton Beland. The Council
directed staff to look at properties that do not meet landscaping standards to bring
them into conformance. Copies of the draft zoning code would be distributed to
interested parties prior to the public hearing.
COUNCILMEMBER JONES ARRIVED AT 5:30 P.M.
Discussion of Ordinance Regarding Flyers. After discussion, Council took no action but
directed staff to contact the Chamber of Commerce for their comments on this item.
RECESS: Mayor Carroll recessed the meeting at 5:55 p.m. to enable the Council to meet in
the Council Chamber. The Mayor reconvened the meeting at 6:05 p.m. with all
Councilmembers present.
CLOSED SESSION: The meeting was immediately recessed to Closed Session for discussion
of the agendized item of Conference with Legal Counsel, Existing Litigation (Government
Code Section 54956.9(a), Ibarra v. City of Stanton (and related cross-complaints), Orange
County Superior Court Case #76-72-53. The meeting reconvened at 7:00 p.m. with all
Councilmembers present. Also present were the City Manager, City Attorney and staff
members Angus, Christoffels, DeCarlo, Justen, Krauss and Storey.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tern Jones.
PRESENTATIONS:
Six newly appointed Youth Commissioners were administered the LOyalty Oath by the
Deputy City Clerk and Mayor Carroll presented them with their Certificates of
Appointment.
Professor Neill Cooney of Cypress College reported on his trip to the City of Cypress'
potential Sister City, Tengzhou, China.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA
The City Manager reported on discussions held during the Workshop Session on Zoning
Code update, Flyers and Adult Day Care Task Force. The City Attorney reviewed
discussions held during Closed Session on Conference with Legal Counsel on a possible
settlement in Ibarra v. City of Stanton and related cross-complaints. A status report was
presented by the City Attorney and a recommended settlement of the cross-complaint
was unanimously approved. The terms and conditions of that proposed settlement was
not announced because another agency has to act on the settlement.
CITY COUNCIL MINUTES September 22, 1997
ORAL COMMUNICATIONS: Limited to one-half hour.
Mr. Jafar Hooman, 4321 Jade Avenue, Cypress, was present to complain of constant
problems with neighbors. They are accusing him of drastic criminal acts through the
Cypress Police Department and he doesn't know why it has happened. The Mayor asked
for additional Information and the City Manager will call Mr. Hooman in the morning.
Ms. Joanne West, 9375 Cambridge Street, Cypress, spoke on behalf of the Cypress Pops
Orchestra, thanked the Council for holding public forums and assisting the Pops concert.
Mrs. Janet Spurgeon, 4207 Sussex Circle, Cypress, spoke on the Reconsideration of
Appointment of Louie Glampapa whom she had served with on the CATV Commission. He
was a dedicated volunteer and she recommended that he be reappointed to the
Commission.
Mr. Bill Wostenberg, 4290 Livermore Place, Cypress, requested the Council reappoint Louie
Giampapa to the Cable TV and Technology Commission. He felt compelled to speak on
behalf of a fellow Cypress resident who gives of his time to make the community a better
place. He mentioned that Mr. Giampapa was selected by the Recreation and Community
Services Commission as "Volunteer of the Year."
The City Manager quoted from the August 20, 1997 Register on El Nino. He said the City of
Cypress is preparing for any flooding that may occur and it is the opinion of experts that
there will be a lot of rain over a longer period of time, resulting in ground saturation.
The Public Works Department has been cleaning out catch basins and storm drains,
inspecting pump stations and installing backup pumps. The City yard has over 5,000
sandbags and two tons of sand ready for public use free of charge. The Police
Department's emergency operations center is now operational at the City yard and there
will be a simulated exercise the end of October. A special cable TV program is being
developed for the public on flood preparedness to be aired on numerous occasions.
Mayor Carroll suggested that Federal funds be sought to cover the cost of the sandbags.
The Public Works Director, speaking on the resurfacing of the City streets, advised that
the manufacturer of the material was brought out to look at the power steering marks in
the slurry seal on Reefton Avenue. The manufacturer said that It could be fixed but he
would not recommend doing it until Spring.
AWARD OF CONTRACTS
PURCHASE OF A TRACTOR, REQUEST FOR QUOTATION NO. 9798-4: The staff report, presented
by the Public Works Director, indicated that four bids were received to replace the 22
year old tractor utilized by the City's street and landscape crews.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
award a contract to purchase a Ford Model 545D tractor per the specifications outlined in
Request for Quotation NO. 9798-4 to Cook Tractors, 13728 E. Alondra, Cerritos, CA 90701, in
the amount of $32,096.25. 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
PURCHASE OF PLAYGROUND EQUIPMENT AT ARNOLD/CYPRESS PARK TO BEGIN PARK
RENOVATION: The City Manager asked the Director of Recreation and Park District to
review the staff report which described new playground equipment for the first phase of
an extensive renovation of Arnold/Cypress Park. Three bids were received for the
equipment and the project will have separate play areas for tots and for older aged
children, as well as amenities such as park benches and bike racks.
It was moved by Councilmember Keenan and seconded by Councilmember Jones that the
City Council, acting as the ex-officlo governing Board of Directors for the Cypress
Recreation and Park District, award a contract to the lowest bidder, Park Specialties, 30975
Bardmoor, Temecula, CA 92592, in the amount of $105,750. 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
NORTH-END RESIDENTIAL STUDIES o CONTRACT ADDENDUM FOR ADDITIONAL SERVICE~: The
Acting Community Development Director, Alice Angus, presented the staff report which
CITY COUNCIL MINUTES September 22, 1997
advised that Cotton Beland (CBA) was asked to expand their study area of the northern
part of the City to include the Walker Street frontage area. In response to this direction,
CBA has submitted the attached letter of proposal for the additional scope of services.
Due to the cost of these services and the need to reallocate funds for this additional
work, Council action is required.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
appropriate $7,530 from the unreserved General Fund balance to Account Number 4189-
11-193-06 (Contractual Services-Advanced Planning) and authorize Cotton Beland
Associates, Inc., 747 E. Green Street, Ste. 400, Pasadena, CA 91101 tO proceed with the
additional scope of services for areas B & C only as identified in their letter of AUgUSt 20,
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
CONSENT CALENDAR:
All Matters Ilsted 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.
The Recreation and Park District Director requested that Item No. 15, Carryover of
Appropriations and Encumbrances, be removed.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to
approve the Consent Calendar Items No. 4 though 15, with the exception of Item No. 15.
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
Item No. 4: Motion to Approve City Council Minutes of September 8, 1997.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
September 8, 1997, as submitted.
Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 6: Proclaiming October 19, 1997, as "Liberty Walk Day."
Recommendation: That the Mayor and City Council officially proclaim October 19, 1997, as
"Liberty Walk Day" in the City of Cypress, as a statement against domestic violence.
Item NO. 7: Design Review Committee No. 97-30 - Convert Previous Angel's Diner Into an
IHOP Restaurant, 4991 Lincoln Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee No. 97-30 - with conditions.
RESOLUTION 4852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-30 - WITH CONDITIONS.
Item No. 8: Proclaiming October 1997, as "Metrolink Regional Rail Month."
Recommendation: That the Mayor and City Council officially proclaim October 1997, as
"Metrolink Regional Rail Month~ in the City of Cypress.
Item No. 9: Donation of Used Personal Computers.
Recommendation: That the City Council authorize staff to donate the Clty's excess
personal computers to Cypress High School.
Item NO. 10: Approval of Fiscal Year 1996-97 Carryover of Appropriations and
Encumbrances for the City of Cypress.
Recommendation: That the City Council:
CITY COUNCIL MINUTES September 22, 1997
Authorize the appropriation of funds in Fiscal Year 1997-98 for the carryover items as
detailed in Attachment A and summarized as follows:
11 General Fund $ 214,792
15 Capital Projects Fund 122,851
22 Special Gas Tax Fund 760,086
24 Traffic Mitigation Fund 767,928
26 Plan Local Drain Fac Fund 63,375
35 Civic Center Redevelopment Fund 15,000
39 Measure M Gas Tax Fund 682,217
40 AB 2766 Fund 57,796
41 Sewer Fund 173,656
72 CFD #1 Trust FUnd 628,722
76 Central Services Fund 75,980
90 Capital Replacement Fund 930,705
Authorize the appropriation of funds in Fiscal Year 1997-98 for items encumbered at June
30, 1997, as detailed in Attachment B and summarized below:
11
15
22
28
30
34
35
36
37
38
39
40
76
89
9O
96
General Fund
Capital Projects Fund
GaS Tax 2106 FUnd
Narcotics ASset Seizure
Supplemental Law Enforcement
Mello Roos Fund
Civic Center Redevelopment
LOW and Moderate Housing Fund
LinColn Ave. Redevelopment
Race Track Redevelopment
Measure M Gas Tax Fund
AB 2766 Fund
Central Services Fund
Print Shop Fund
Capital Replacement Fund
Liability Insurance Fund
$171,390.74
178,408.32
119,683.61
485.00
999.00
6,020.00
933.34
125.00
10,494.82
933.32
302.358.53
1 768.40
22.719.39
1.805.02
151.707.61
$971.748.13
Item No. 11: Monthly Investment Program for the Month of August 1997.
Recommendation: Receive and file.
Item No. 12: Proclaiming October 25-31, 1997, as "Red Ribbon Week."
Recommendation: That the Mayor and City Council officially proclaim October 25-31,
1997, as "Red Ribbon Week" In the City Of cypress.
Item No. 13: Employment List - Assistant to the City Manager.
Recommendation: Receive and file.
Item No. 14: Employment List- Redevelopment/Economic Development Manager.
Recommendation: Receive and file.
Regarding Item No. 15, Approval of Fiscal Year 1996-97 Carryover of Appropriations and
Encumbrances for the Recreation and Park District, the Recreation and Park District
Director requested that two items be added to the list of carryover encumbrances for FY
1996-97. They are KUli Image, $7,449.00 and Coast Recreation $2,764.98 and were
purchased and received after July 1. It was moved by Councilmember Bowman and
seconded by Jones that the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation Park District to:
Authorize the appropriation of funds in FiSCal Year 1997-98 for the carryover items as
detailed in Attachment A and summarized as follows:
12 General Fund $264,440
83 Central Services Fund 15~352
$279,792
CITY COUNCIL MINUTES September 22, 1997
Authorize the appropriation of funds in Fiscal Year 1997-98 for items encumbered at June
30, 1997, as detailed in Attachment B, including the two items mentioned above, and
summarized below:
12 General Fund $34,595.03
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
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF VARIANCE NO. 97-6 AND DESIGN REVIEW COMMITTEE NO. 97-23,
INSTALLATION OF ANTENNA TOWER AT 5285 CYPRESS STREET: Mayor Carroll opened the
public hearing. This application represented a request to install a 68 foot high Rohn
amateur TV antenna tower and whip antenna for the new Emergency Operations Center
(EOC) at the City Maintenance Yard. The application included a request to vary from the
development standards of the PS Public and Semi-public Zone allowing the antenna to be
located closer than ten feet to the main structure and the elimination of the
requirement to provide additional screening for the antenna tower. The 68 foot antenna
will consist of a 50 foot high tower structure and an 18 foot high whip antenna located
on top of the tower. The tower is needed to house communications antennas for the
Public Works Department and emergency operations within the City as well as
throughout the County. FOr the September 8, 1997 City Council meeting, notices of this
public hearing were posted, published and mailed to the owners of all properties located
within 300 feet of the subject parcel. Subsequent to that noticing, on September 16,
1997, staff re-sent public hearing notices to all property owners within 300 feet of the
subject property. In response to the original notification, staff received one phone call
from a residential neighbor who questioned whether the new antennas would create
television or radio interference.
No one wished to speak in support of or in opposition to the application. Mayor Carroll
closed the public hearing.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to
approve the Resolutions by title only, titles as follow, for variance No. 97-6 and Design
Review Committee NO. 97-23 for the installation of the TV/antenna tower as proposed in
the location and manner outlined.
RESOLUTION NO. 4853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRI~SS, APPROVING DI~SIGN
REVIEW COMMITTEE NO. 97-23 - WITH CONDITIONS.
RESOLUTION NO. 4854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 13.4-6
TO ALLOW AN ANTENNA TOWER TO BE LOCATED CLOSER THAN TEN FEET (10') TO
ANOTHER STRUCTURE AND TO WAIVE THE SCREENING REQUIREMENTS FOR THE TOWER
LOCATED AT 5285 CYPRESS STREET - VARIANCE NO. 97-6.
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
CONDITIONAL USE PERMIT NO. 97-11 AND TENTATIVE TRACT MAP NO. 15445, A REQUEST TO
DEVELOP FOURTEEN (14) DETACHED CONDOMINIUMS AT 8621 WALKER STREET, IN THE RM-15
RESIDENTIAL MULTIPLE-FAMILY ZONE: The public hearing was opened by Mayor Carroll. The
City Manager asked the Acting Community Development Director to summarize the staff
report which represented a request to develop 14 detached condominiums and a one lot
subdivision of the air space only at 8621 Walker Street. The site is currently developed
with four detached residential structures and three accessory structures which will be
demolished. The units offer two floor plans ranging in size from 1,455 to 1,664 square
feet. Both designs offer three bedrooms with optional fourth bedroom or family room
offered in Plan 2. All units are designed with an attached two car garage with 14 open
CITY COUNCIL MINUTES September 22, 1997
parking spaces provided. The proposed project complies with the development
standards for the RM-15 Zone, providing sufficient parking and landscaping as required.
The proposed tract map complies with the California State Subdivision Map Act and the
City of Cypress Subdivision Ordinance. In accordance with the California Environmental
Quality Act, a Mitigated Negative Declaration will be filed on 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. To date, staff has not received any communication
regarding the proposed project.
Councilmember Jones expressed concern about the possible lack of sufficient parking for
the four bedroom units.
Mr. K. C. Chang, 1265 Manasero Street, Suite 303, Anaheim, CA advised that of the 14 units,
only six will have the option of four bedrooms. He will attempt to preserve the existing
trees in the front yard setback of the property, but not at the back. He mentioned he
was the developer of the Meridian Apartments on Walker Street and he will endeavor to
bring another quality development to the community.
After some discussion on the effect of a fourth bedroom on parking, Mr. Chang felt there
could be a compromise and he suggested that three out of the six condos would not
have a fourth bedroom.
Councilmember Piercy asked if parking could be placed on part of the sideyard.
Mr. Chang suggested that the CC&RS designate garages were specifically for parking of
cars and not storage areas.
No one wished to speak in support of the application. Mayor Carroll asked if anyone
wished to speak in opposition to the project.
Ms. Joanne West, 93?5 Cambridge Street, Cypress, said she did not understand the
preoccupation with filling all vacant land with homes. The project is twice as large as it
should be for the area.
Responding to Councilmember Jones about options on restricting the number of units in
an RM-15 zone, the City Attorney replied that if the development meets the criteria
specified in the City's code, then an argument can be made that a denial of the
development is an abuse of discretion. In order to make a recommendation of denial,
there has to be either a change in code or standards or some finding by the Council on
evidence that it doesn't comply with code and therefore can't meet the criteria.
Councilmember Keenan mentioned sharing a common wall that would provide more
turnaround at the end of the project.
Mr. Chang suggested that the fourth bedroom option be eliminated.
After additional comments, the City Manager suggested that this item be continued to
the next Council meeting to incorporate comments from Council into another site plan
with emphasis on landscaping and parking.
Councilmember Bowman said if the developer feels he can put parking spaces at three
different locations, then the project is overparked. Mayor Carroll remarked that three
additional parking spaces and no four bedroom units would be acceptable.
Mr. Chang agreed to the changes.
No one else wished to speak and Mayor Carroll closed the public hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
adopt the Mitigated Negative Declaration and adopt the Resolutions by title only, title as
follows, approving Conditional Use Permit NO. 97-11 and Tentative Tract Map No. 15445,
with the existing conditions recommended by staff plus the additional conditions which
have been discussed tonight. Mayor Carroll asked that another condition be added to
have the entrance in colored pavement.
RESOLUTION NO. 4855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 97-11 - WITH CONDITIONS.
CITY COUNCIL MINUTES September 22, 1997
RESOLUTION NO. 4856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE
TRACT MAP NO. 15445- WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONDITIONAL USE PERMIT NO. 97-27, PROPOSED ADDITION OF TWO (2) APARTMENT UNITS ON A
LOT CONTAINING TWO (2) EXISTING DETACHED APARTMENT UNITS LOCATED AT 4861 MERTEN
AVENUE: The public hearing was opened by Mayor Carroll. The City Manager asked the
Acting Community Development Director to review the staff report which represented a
request to construct two attached, two-story, one-bedroom apartment units on a parcel.
The parcel presently contains two detached, single-story, two-bedroom apartment units
and is located at 4861 Merten Avenue. The subject properS/is also located within the
Orange County Redevelopment Area and the City's North End Study Area. The proposed
residential use is consistent with the RM-20 zoning designation of the subject property.
However, based on an analysis of the proposed site layout and building design, staff
found the proposed project to be an obvious "add-on" type of development. AS such, the
proposed project would extend the life of the older non-conforming development and
preclude the full redevelopment of the site. Additionally, staff found the proposed
design of the project was not consistent with the purpose of design review, as described
in the Cypress Zoning Ordinance. Because staff is recommending denial, in accordance
with the requirements of the California Environmental Quality Act (CEQA), no
environmental documentation must be filed for the subject project. NOtices of the
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 received communication from
two people regarding the proposed project. One person called to complain about the
construction debris from the renovation of one of the existing units. The second
communication came from a man who manages a four-unit property located to the
south regarding the poor maintenance of the property. He followed up with a le~er,
recommending a cohesive one-building development on the subject site rather than the
proposed add-on project. MOst recently a phone call was received from Mr. Andre
indicating his objections to the permit, stating that the buildings on the site are
substandard and additional units should not be approved until the entire property was
upgraded.
Mr. Alfredo Engracia, representing the applicant Martin Figueroa, commented that they
have complied with all the requests from the Planning Department so he was very
surprised when he received the letter. He couldn't understand why the Planning
Department recommended denial of the project.
As no one wished to speak in support of or in opposition to this application, Mayor Carroll
closed the public hearing.
Councilmember Bowman said that he was not against the concept of taking older
structures, adding onto them and bringing them up to date. He suggested working with
the owners to correct the one car garage that intrudes into the setback and work on the
setback for the two story structure.
Councilmember Jones suggested that if the developer designed the project in a way that
would merge the new and old structures, it might be more acceptable. She felt that an
older building could have a second story.
Responding to Mayor Carroll, the Acting Community Development Director advised that
there were a number of setback issues on the project.
After some discussion, the City Attorney commented that in order to achieve the result
that some of the Councilmembers are considering, he would suggest that subsection 1,
under paragraph (b) of Section 3 be deleted and, in any event, the Resolution amended
so that the resolving language makes it clear that the permit is denied without prejudice.
Councilmember Bowman felt some of these older structures could be redone without
tearing them down. He said that the owners of the property could achieve a very nice
project.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, denying Conditional Use Permit No. 97-
CITY COUNCIL MINUTES September 22, 1997
27, as amended, deleting Section 3(b)1 and adding to the resolve clause "without
prejudice."
Councilmember Keenan expressed concern about the older structure receiving only a
cosmetic remodel but he did not have a problem with retrofitting the building.
Mayor Carroll advised that he would vote in favor of the motion but the applicant had to
show some movement in the plans. The existing structure should meet the code.
RESOLUTION NO. 4857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL
USE PERMIT NO. 97-27.
The motion unanimousIv carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
RECESS: Mayor Carroll recessed the meeting at 9:10 p.m. and reconvened at 9:20 p.m.
with all Councilmembers present.
DISCUSSION OF TYPICAL CODE ENFORCEMENT VIOLATIONS: The City Manager asked the Acting
Community Development Director to summarize the staff report addressing the issue of
proactive vs. reactive code enforcement. At the May 5, 1997 Town Hall meeting, a desire
was expressed by several citizens for a more aggressive code enforcement program. This
matter was followed up by staff and discussed at the Council meeting of August 11, 1997.
The report described the different styles of code enforcement, ranging from reactive to
proactive and further identified a modified approach, whereby a proactive program is
instituted for certain geographic areas or for certain types of violations. Staff has already
initiated a City-wide proactive approach to the enforcement of more blatant illegal signs.
Regarding the volunteer code enforcement program currently in operation in the City of
Garden Grove, staff concluded that a code enforcement volunteer could be incorporated
into the Police Department's volunteer program.
Councilmember Jones suggested that the anti-scavenging ordinance be enforced.
Responding to Mayor Carroll, the Acting Community Development Director replied that
staff had provided a listing of the more typical types of complaints received.
Councilmember Keenan emphasized the importance of code enforcement as a business
attraction and approved of the volunteer code enforcement, which would help the Code
Enforcement Official without adding cost.
Mayor Carroll cautioned about designating a particular location as a target because the
offense should be the target. He remarked that certain businesses may require different
kinds of signage.
Councilmember Piercy agreed that targeting a location was somewhat offensive and the
attention should be given to the type of violation. She would omit the last sentence of
Item No. I and she moved to direct staff to:
Design a proactive plan which focuses on the continued City-wide enforcement of
the sign code, and on the more common types of residential and commercial
violations identified in this report.
o
Return to the City Council in 90 days with a status report as to the results of this
enforcement plan.
commence with the volunteer code enforcement program in conjunction with
the Police Department's volunteer program.
The motion was seconded by Mayor Carroll and 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
CONSIDERATION TO JOIN THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY JOINT POWERS
AUTHORITY: The City Manager presented the staff report which indicated that the Orange
CITY COUNCIL MINUTES September 22, 1997
County Regional Airport Authority (OCRAA) is requesting the City's participation in the
multi-agency organization in an effort to provide an organized voice for north Orange
County cities and ensure that accurate information and feedback are provided to the
Local Reuse Authority (LRA). NO direct costs will be associated with participation in this
organization. Based on the City's history of support for a commercial airport at El Toro,
staff is recommending that the City Council sign a Resolution authorizing the City's
participation in the Orange County Regional Airport Authority (OCRAA). Should the City
Council decide to join this Joint Powers Authority, the Council will be required to
designate a Councilmember, as well as an alternate, who would be available to
immediately begin attending meetings and provide input on the newly proposed
agreement.
Councilmember Jones expressed her support in joining this group to be better able to
communicate with the community.
Councilmember Keenan felt that this issue was shaping up as a north/south county issue
and it was a source of concern to him in taking a position at this time.
Mayor Carroll voiced the opinion that it was essential that Cypress join in and he believed
the City's support was needed.
Ms. Hanna Hill, One Shelby, Irvine, spoke against the City's consideration to join the
Orange County Regional Airport Authority Joint Powers Authority and urged the Council
to wait for other alternatives. She mentioned noise, EPA studies, predetermined use
prescribed by Proposition A and other modes of transportation.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
adopt the Resolution by title only, title as follows, to participate in the Orange County
Regional Airport Authority (OCRAA).
RESOLUTION NO. 4858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ORANGE COUNTY,
CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY REGIONAL AIRPORT
AUTHORITY (OCRAA).
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: I COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Piercy and Carroll
Keenan
None
Councilmember Jones volunteered to be the City's representative and Councilmember
Piercy volunteered to act as the alternate to the Authority.
Councilmember Keenan clarified that his vote was "no" to join the JPA, not necessarily
against support of the City's position.
MEGAN'S LAW UPDATE: At the request of the City Manager, the Acting Police Chief
summarized the staff report which advised that the City Council was presented with an
informational report on Megan's Law on June 23, 1997, as well as the Police Department's
Interim Policy on the release of information on sex offenders who were deemed to be a
threat to the community. At that meeting, the City Council directed the Police
Department to take the most aggressive stance allowable within the law to protect
cypress residents from sex offenders. Council also directed and supported an asserl;ive
investigation and "threat assessment" of all sex offenders listed on the Department of
Justice's CD-ROM. Council also wanted to provide the viewing of the Department of
Justice's CD-ROM tO Cypress residents at the Cypress Police Department and directed the
department to look into the feasibility of providing this service, along with the costs
associated with viewing. The fiscal impact will be based on the cost of a notebook
computer with the CD-ROM capabilities, which would allow portability and confidentiality.
He outlined the procedure that would be required to view the CD-ROM.
Responding to Councilmember Jones question on publicizing the availability of the
information, the Acting Police Chief answered that public notification would be made
through the newspapers and other options through the crime prevention bureau.
Councilmember Keenan said he was pleased with the direction this issue had taken.
Councilmember Jones asked that a workshop session be held on the CD-ROM for the
Council before a Council meeting.
CITY COUNCIL MINUTES September 22, 1997
Responding to Mayor Carroll's question on the cost of the computer, the Acting Police
Chief explained that the computer would cost between $3,000 to $3,500 because of
necessary attachments.
It was moved by Councilmember Keenan and seconded by Mayor Carroll to receive and
file the report and approve the transfer of $4,000 from the unreserved fund balance of
the Asset Seizure fund to Account Number 4405~90-657-36 for the purchase of a CD-ROM
notebook computer. The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
RESOLUTION OF INTENTION FOR THE PROPOSED CYPRESS BUSINESS AND PROFESSIONAL CENTER
ASSESSMENT DISTRICT NO. 1: The City Manager asked the Public Works Director to review
the staff report which referred to Parcel Map NO. 96-121 approved by the City Council on
July 14, 1997. This map subdivided the properties within the Cypress Business and
Professional Center specific plan located on the Los Alamitos Race Course property.
Approval of this subdivision was conditioned with the construction of certain public
improvements as outlined in the adopted specific plan. The property owner has
petitioned the City to construct these improvements via a 1913 Assessment District
proceeding with bonds issued pursuant to the Improvement Bond Act of 1915. The first
step in this process is the adoption of a Resolution of Intention and preliminary approval
of the "Engineers Report" for the proposed Assessment District, as well as establishing the
public hearing dates.
Councilmember Jones asked the consequences if the bond payments could not be made
and what the City's risk would be if there are prior liens on the property.
Mayor Carroll suggested that the owners be asked for their financial statement.
Councilmember Jones said she would ask for some assurance that the property does have
equity.
Mayor Carroll suggested that the City negotiate to get some of the things they want in
that area of the City. He would not give $100,000 a year away because now is the best
time to negotiate for the City.
The Finance Director advised that the City has not discussed or negotiated any part of the
bond. The Public Works Director said that if anything is negotiated, it would have to be
outside the scope of the Assessment District.
Mayor Carroll suggested that this item be continued so staff can negotiate the issue
further.
It was moved by Mayor Carroll and seconded by Councilmember Jones to continue this
item and direct staff to return to Council with procedural issues.
Councilmember Bowman commented that he would like to know what the equity is
before this issue is pursued to determine how encumbered the property is.
City Attorney Wynder advised that the action the Council is being asked to take does not
commit the City to any particular course of action or to engage in any funding. All of the
things required of staff can be done consistent with the adoption of the resolution.
Councilmember Jones said she would like to continue the item.
The City Attorney said that if Council is favorably disposed to the process it may be
appropriate to start the clock running because if there is lengthy negotiation, it may
prolong the process.
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
RECONSIDERATION OF REAPPOINTMENT OF FORMER CABLE TELEVISION AND TECHNOLOGY
COMMISSIONER: Mayor Carroll stated that this started out as one simple issue and has
escalated into an attack on the City Council's integrity and complete disregard for the
Cypress City Code. The CATV & Technology Commissioner asked to be reappointed and the
information indicated that he had missed three out of the last seven meetings. The issue
CITY COUNCIL MINUTES September 22, 1997
to this point was attendance at the meetings and the person seeking reappointment did
not make any attempt to explain those absences. He quoted from and commented on
Commissioner Giampapa's letter and the City Code on appointment of Commissioners.
Councilmember Bowman said that when the decision was made to ask the Chairman of
the CATV and Technology Commission for his opinion, he didn't consider that it should
have been a majority vote of the Commission. He didn't give much credence to the
letter received from the Commission Chairman because it wasn't conceived under a
justifiable situation. He would like to discuss reconsideration because there is a full
Council to consider it.
It was moved by Councilmember Bowman to reappoint LOuis Giampapa to the CATV and
Technology Commission. Mayor Carroll said he would not consider the motion because
Mr. Giampapa was never put into nomination per the Cypress City Code and there is
nothing to reconsider. Councilmember Bowman stated that the City Charter preempts
the City Code, so he didn't believe the idea that the Mayor is the only one that can make
appointments was accurate.
Mayor Carroll asked the City Attorney to comment on the City Code, Article 4, Cable
Television Commission, Section 2-22, paragraph (a).
The City Attorney advised that the motion is properly on the floor because of the unusual
procedural posture that brings the motion back to the floor. There has been a practice in
the City that more than one member of the Council can be the nominating party
although it requires the entirety of the Council to approve the nomination. There is
unusual language in the municipal code that gives the Council the right to make another
motion by subsequently agendizing the matter. That appears to be in conflict with the
other provision of the Code which says that the Mayor is the nominating authority. Once
having made the nomination, a vote taken, and reading the two codes, it is the best legal
opinion that the provisions cited in the City Attorney's opinion permit any member of
the Council to cause that issue to be revisited by subsequent agenda action.
The motion was seconded by Councilmember Piercy.
Councilmember Keenan asked if there were other issues that could be brought back
before the Council. The City Attorney said the answer was yes but there could be the
situation where the Council does not take action on any business because it constantly
revisits every decision it makes. The Code does not specify a time to do that so long as
the requirements of the Brown Act are satisfied. With the two provisions of the code
being interpreted together, the preference would be to try to interpret the nominating
and the reconsideration provisions of the code so that they harmonize with each other
and one doesn't overrule the other and that is the statutory preference that the City
Attorney's office took in interpreting the code. The only way to read the two sections in
harmony is to say once the nomination is made, the matter can be brought back again in
the manner specified in the code.
Councilmember Bowman asked the City Attorney if there is a conflict between the
Charter and the Code, which document prevails. The City Attornev responded that he
believed the Charter would prevail although in theory there shouldn't be a conflict
between them.
Councilmember Bowman indicated there is a conflict between the two documents and
some homework needs to be done.
After further discussion, the City Attorney advised that he didn't think that taking an
action on this motion was inconsistent with that provision of the code.
In response to the Mavor, the City Attorney explained that in this case, a motion for
reconsideration won't be necessary because the item has been agendized for action so
the motion to appoint can be made. He read the section in the City Code he referred to
and the motion was in order and could be acted upon.
Councilmember Piercy mentioned the incident of the Council re-voting on the Curfew
Ordinance.
After additional discussion, the City Attorney advised that if it was the Council's intent
that appointments to Commissions are not subject to reconsideration unless the Mayor
makes that nomination, then the Code will be revised accordingly.
Mayor Carroll called for the vote and the motion failed by the following roll call vote:
CITY COUNCIL MINUTES September 22, 1997
AYES:
NOES:
ABSENT:
2 COUNCILMEMBERS: Bowman and Piercy
3 COUNCILMEMBERS: Jones, Keenan and Carroll
0 COUNCILMEMBERS: None
Councilmember Piercy remarked that she didn't believe that the discussion should go on
forever, it was a tie vote and there was a possibility that the vote would have been
different with a full Council. She also addressed Commissioner Giampapa's letter and that
Mr. Giampapa did explain the reason for his absence was because of his work. She went
on record saying that, "1 think that an injustice has been done because this gentleman has
been an extremely good volunteer. Yes, he missed three meetings out of seven, but in
the meantime, his overall record has been as good or better than many others." This is a
precedent, so start looking at everybody's attendance. This shouldn't have been done
until it was announced that it was going to be done.
Councilmember Keenan thanked Mr. Giampapa for his one term of service on the CATV
and Technology Commission. He resented this issue being turned into a political football.
Attendance at these meetings is very important and the Council will be looking at the
attendance record of every Commissioner as they come up for reappointment.
The City Attorney asked for a directive to render a definitive opinion about the
relationship between the Charter and appointing power to City Commissions. If the
Mayor has the nominating authority and the Council has the confirming authority, then
the Code needs to be revised for clarification.
Councilmember Jones said she would welcome a review in addition to the entire issue
regarding reconsideration as well as the conflicts between the Code and the Charter.
SCHEDULING ORAL INTERVIEW SESSION FOR CYPRESS CABLE TELEVISION AND TECHNOLOGY
COMMISSION APPLICANTS: The City Manager referred to the staff report which indicated
that the vacancy on the Cable Television and Technology Commission had been
advertised and one application was received. Another vacancy will be occurring in
December and the City Manager suggested readvertising for the next vacancy and
continue to receive applications. In the meantime, the Council may want to interview
applicants for the current vacancy.
Councilmember Bowman said that a clarification was needed as to how the selections
were going to be made. HiS position was that he would never consider his vote or his
selection superior to anyone else's on the Council. The Mayor position is a rotating type
job and the selection is made by the other Councilmembers.
Councilmember Jones asked for clarification also since she understood that all members
had one vote and no one person's vote was greater than the others.
The City Attorney suggested that they render appropriate legal analysis and identify any
policy issues that need to be resolved by the Council.
The City Manager suggested October 6 for the interview session and it was moved by
Councilmember Keenan and seconded by Councilmember Jones to conduct the interview
on October 6. 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
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 28081 - 2831~: It was
moved by Councilmember Jones and seconded by Councilmember Carroll to approve the
Warrant List for Warrants No. 28081 through 28318 in the amount of $1,644,847.81. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercv and Carroll
None
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. No items presented.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda.
CITY COUNCIL MINUTES September 22, 1997
Mr. Michael MCGill, 6097 Pitcairn Street, Cypress, said that he did not know Commissioner
Giampapa, but his long volunteer record was very impressive. The City Council's action
last month sent the wrong message to volunteers in the community. The rejection of the
renewal had the appearance of an arbitrary enforcement especially in light of the
attendance of other commission members whose records are poor.
Mr. Bill Wostenberg, 4533 Rainier Drive, Cypress, said he took offense to some of the
comments made by Council on the reappointment item. He was speaking as a volunteer
and from experience. He referred to the questioning and lecturing of volunteers on how
they should do their jobs. He urged the Council to have some compassion for the
volunteers.
Mr. Nick Eighmy, Glenbrook Street, Cypress, said he knew Mr. Giampapa and he is on many
volunteer boards. Mr. Giampapa's absences had to do with his work and he has never
missed meetings for any of the other groups. Mr. Eighmy objected to the Mayor
chastising someone of Louie's character and a public apology needs to be given tonight.
Councilmember Keenan mentioned the dinner to be held Friday night, September 26, to
honor the Commissioners who have put in many volunteer hours. The dinner was the
result of the Mayor's request to thank the Commissioners for their work.
Councilmember Jones asked if the City had inquired about purchasing a digital camera
because so many photos the Council receives are unclear. She asked that the major cross
streets be identified on a project and that the applicant's name be included in the staff
report
Councilmember Piercy referred to the City Code, where it says that, "...members shall
serve until their successors are qualified and takes office." She said if that were true, then
Mr. Giampapa should be invited to the dinner for Commissioners. Councilmember
Bowman agreed.
Councilmember Piercy asked about elementary school children and/or scouting troops
being invited to give the flag salute at the Council meetings.
WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:30 p.m. to 6:00 p.m., Monday,
October 6, 1997 in the Administrative Conference Room
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS