Minutes 97-10-27 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 27, 1997
The Regular Meeting of the Cypress City Council was called to order at 5:02 p.m. in the
Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress,
Mayor Tom Carroll presiding.
PRESENT: Councilmembers Bowman, Keenan, Piercy and Carroll
ABSENT: Councilmember Jones
Also present were the City Manager, City Attorney and staff members Kelly, Storey,
Justen, Wylie, Dellalonga, Angus and Christoffels and members of Larry Moss and
Associates, landscape consultants.
WORKSHOP SESSION: Lincoln Avenue Streetscape
This project has been developing in terms of identification, choosing a vision and a look
for Lincoln Avenue for the future. It became apparent that a project to redo the
streetscape and the public improvement on Lincoln Avenue from the bridge to Valley
View Street could be accomplished very soon. The conceptual ideas on landscaping and
public improvement were presented by Larry Moss Associates. The date of July 1 was
established to start the physical construction, with a plan to complete the construction
of the Lincoln Avenue streetscape project by Spring of 1999.
MAYOR PRO TEM JONES ARRIVED AT 5:25 P.M.
RECESS: Mayor Carroll recessed the workshop session at 6:15 p.m. to allow the Council to
meet in the Council Chamber. The meeting reconvened at 6:24 p.m. with all
Councilmembers present.
CLOSED SESSION: The Mayor immediately recessed the meeting to a Closed Session to
discuss the agendized items of Conference With Real Property Negotiator (Government
Code Section 54956.8) on restructuring of PEG channels between the City of Cypress and
MediaOne and two Liability Claims (Government Code Section 54956.95) of Wayne P. Victor
and Dan Fousek against the City of Cypress. The meeting reconvened at 7:02 p.m. with all
Councilmembers present.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Cub Scout Pack 660.
PRESENTATIONS:
Mayor Carroll presented the "Arts and Humanities Month" Proclamation to members of
the Cultural Arts Commission.
Councilmember Keenan prefaced the showing of the four minute video from KOCE
TV/Channel 50 on the Grand Opening Ceremony of the West-Comm Communications
Center with some comments on the joint powers agreement with the cities of Seal Beach
and Los Alamitos for Police dispatching.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager reviewed discussions held during the Workshop Session on the Lincoln
Avenue Streetscape.
The City Attorney reviewed the actions taken during Closed Session on two claims filed
against the City, the Council unanimously directed staff to reject both liability claims.
Council considered a request to convey four PEG channels, on a no-consideration basis,
back to the cable provider. The Council unanimously determined to deny without
prejudice the request and to direct the City's real property negotiator to further discuss
the request with the proposed cable operator to see if a for-consideration transfer can
be negotiated.
ORAL COMMUNICATIONS: Limited to One-Half Hour
Mrs. Susan Linde, 9845 Joel Street, Cypress, thanked the Council for turning down the
request for the four PEG channels and she asked them to consider how volunteer
CITY COUNCIL MINUTES October 27, 1997
organizations would advertise. She mentioned the addition of two adult channels and
asked that this issue be made a public hearing.
Councilmember Keenan read the presentation to the City of Cypress with a resolution
from the Film Commission because Cypress was one of the first five cities in the County
to adopt an ordinance for film projects.
Mayor Carroll announced "Red Ribbon Week" in the City of Cypress and the D.A.R.E.
program which is designed to keep children drug free. He recognized the following
contributions from AYSO, $500; Cypress Police Officers Assn., $500; St. Irenaeus, $250 and
$250 to the Cypress Children's Advocacy Council from St. lrenaeus; and Cypress Village
Homeowners' Assn., $500 to the Gang Suppression Unit and Cypress Community Action
Team.
AWARD OF CONTRACTS:
REJECTION OF A BID RECEIVED AND AUTHORIZATION TO READVERTISE FOR SEWER MODIFICATION
WORK AT MOODY STREET AND ALASKA AVENUE, PUBLIC WORKS PROJECT NO. 9736: The City
Manager asked the Public Works Director to present the staff report which recommended
the rejection of the bid received since it was considerably over the engineer's estimate
and authorize staff to readvertise the sewer modification work to be performed at
Moody Street and Alaska Avenue.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to:
1 . Reject the bid received from Paulus Engineering, Inc., in the amount of $39,695.00
for sewer modification work on Moody Street and Alaska Avenue.
2 . Authorize staff to readvertise the project to solicit more competitive bids.
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
PURCHASE OF REPLACEMENT OF BODY ARMORS: The City Manager requested the Acting
Police Chief review the staff report which indicated that one bid was received for the
purchase of new body armor for each Cypress Police Officer. The guaranteed life of those
bulletproof vest was five years and they were purchased in 1993.
Mayor Carroll commented that he believed that the vest should be tested periodically to
determine replacement rather than depend on the warranty.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
award a contract to purchase Level IIIA replacement body armors to U. S. Armor
Corporation, 11843 East Smith Avenue, Santa Fe Springs, California 90670, in an amount
not to exceed $16,800.00. 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
ONE YEAR SERVICE CONTRACT RENEWAL FOR REMOVAL AND DISPOSAL OF CITY-GENERATED
HAZARDOUS WASTES: The staff report was presented by Contract and Environmental
Affairs Manager Gonzalo Vazquez who advised that Consolidated Waste Industries, Inc.
(CWI) has notified the City that it desired to renew its contract for removal and disposal of
City-generated hazardous wastes for a one year period. CWI has informed the City that
there will be no price increase during the renewal period.
Responding to Councilmember Bowman, Mr. Vazquez advised that the public can contact
the City for the names and numbers of contacts for the disposal of hazardous wastes.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
approve renewal of a service contract with Consolidated Waste Industries, Inc., 10680
Silicon Avenue, Montclair, California, 91763, to remove, transport and dispose of the City's
hazardous wastes, for a one year period ending October 28, 1998, in an amount not to
exceed $17,000. 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
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CITY COUNCIL MINUTES October 27, 1997
INSTALLATION OF A BACKUP GENERATOR AT MYRA AVENUE PUMP STATION NO. 1, PUBLIC
WORKS PROJECT NO. 9727: At the request of the City Manager, the Public Works Director
reviewed the staff report which indicated that five bids were received for the installation
of a 200 kW backup generator at Myra Avenue Pump Station No. 1, located at 5111 Myra
Avenue.
It was moved by Councilmember Jones and seconded by Councilmember Piercy to:
1 . Determine the lowest responsible bidder for Public Works Project No. 9727 to be
Duthie Power Services, 2335 Cherry Industrial Circle, Long Beach, California 90805.
2 . Award a contract for a backup generator installation in the amount of $74,714.20
(award amount of $67,922.00 plus ten percent contingency) to Duthie Power
Services.
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
RENEWAL OF CONTRACT FOR PUBLISHING CYPRESS CITY NEWS: The City Manager asked
Personnel Analyst Kevin Justen to present the staff report which advised that there had
been a substantial increase in the cost of the paper used in the City's publication and
Summit Ad Group has declined to request a contract renewal for the next two years of
the three year contract for the publication of the City Newsletter and Recreation and
Park District Activity Brochure. To address this situation, it is recommended that City
Council approve the use of a less expensive type of paper for the document, four color
cover with color photography and including advertising in the Recreation and Park
District Activity Brochure portion to subsidize publication. Mr. Justen introduced Mr. Eric
Williams, President of Summit Ad and the Director of Design Graphics, Layout and Art,
Steve David.
Councilmembers had questions on ad sales offsetting the cost of printing, ad sales and
control, potential conflicts, type of ads and layout, which were answered by staff. Mr.
Justen added that previously, in the Recreation & Park District brochure, over half of the
ads were Cypress businesses.
Mr. Williams explained the requirements of the contract and the kind of advertising that
would be acceptable.
Mayor Carroll objected to using the City flag to sell advertising and he would not support
filling the brochure with advertising. He would like a breakdown of what the paper
contract versus the advertising would accomplish. He also expressed a concern about
buying a three year supply of paper.
It was moved by Councilmember Piercy and seconded by Councilmember Jones to
approve a contract renewal with Summit Ad Group for a period of three years for $12,000
per year for the publication of Cypress City News with a change in formatting to allow for
the use of less expensive paper, color cover and including advertising in the Recreation
and Park District Activity Brochure section of the document.
The City Attorney asked the Council to make a finding under Section 21A17 of the Code
that procuring this without going through public bid is within the best interests of the
City.
Mayor Carroll stated that if this brochure is going to be changed so drastically, it should
be sent out to bid.
Councilmember Piercy amended her motion to include the finding under Section 21A17
of the City Code. Councilmember Jones seconded the amended motion. The motion
carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Jones, Keenan and Piercy
NOES: 1 COUNCILMEMBERS: Carroll
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES October 27, 1997
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 moved by Councilmember Bowman and seconded by Councilmember Keenan to
approve the Consent Calendar Items No. 6 through 24. 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
Item No. 6: Motion to Approve City Council Minutes of September 22, 1997, October 6,
1997 and October 14, 1997.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
September 22, 1997, the Adjourned Regular Meeting of October 6, 1997 and October 14,
1997.
Item No. 7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 8: Adoption of Resolutions Commending Eagle Scouts Kevin Richard Kaiser and
Aaron Merrill Lewis.
Recommendation: That the City Council adopt the resolutions by title only, titles as
follow, commending Eagle Scouts Kevin Richard Kaiser and Aaron Merrill Lewis.
RESOLUTION NO. 4859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
KEVIN RICHARD KAISER ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
AARON MERRILL LEWIS ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 9: Proclaiming November 1997, as "United Way Month".
Recommendation: That the Mayor and City Council officially proclaim November 1997, as
"United Way Month" in the City of Cypress.
Item No. 10: Adoption of Resolution Commending Claire and Al Weinberg for Their
Dedicated Service to the Community.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Claire and Al Weinberg for their community service.
RESOLUTION NO. 4861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING CLAIRE
AND AL WEINBERG FOR THEIR SERVICE TO THE COMMUNITY.
Item No. 11: Acceptance of the Improvement of the South Side of Orange Avenue From
Valley View Street to Peartree Lane and Traffic Signal Modifications at the Intersections of
Valley View Street/Orange Avenue and Katella Avenue/Holder Street, Public Works Project
No. 9521.
Recommendation: That the City Council: 1) Accept the project for the Improvement of
the South Side of Orange Avenue from Valley View Street to Peartree Lane and Traffic
Signal Modifications at the Intersections of Valley View Street/Orange Avenue and Katella
Avenue/Holder Street, Public Works Project No. 9521, as being satisfactorily completed in
conformance with the project specifications; 2) Approve the final retention payment of
$16,407.44 to Peek Traffic, 2283 Via Burton Street, Anaheim, California 92806, 35 days after
the Notice of Completion is filed, if no claims or objections have been filed, and upon the
Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor
and Materials Bond and the Faithful Performance Bond, upon expiration of the required
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CITY COUNCIL MINUTES October 27, 1997
lien period, if no claims or objections have been filed, upon the concurrence of the
Director of Public Works.
Item No. 13: Monthly Investment Program for the Month of September 1997.
Recommendation: Receive and file.
Item No. 14: Adoption of Resolution Approving the Federal Housing and Community
Development Block Grant Application - 24th Year.
Recommendation: That the City Council review the proposed projects and the
recommended prioritization of the projects to be funded, and adopt the Resolution by
title only, title as follows, approving the City's participation in the 24th Year Community
Development Block Grant Program with the County of Orange, and authorize the Mayor
to sign the grant request on behalf of the Cypress City Council.
RESOLUTION NO. 4862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S
PARTICIPATION IN THE 24TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM WITH THE COUNTY OF ORANGE.
Item No. 15: Acceptance of Installation of Sports Field Lighting at Lexington Junior High
School, Public Works Project No. 9646.
Recommendation: That the City Council: 1) Accept the project for the Installation of
Sports Field Lighting at Lexington Junior High School, Public Works Project No. 9646, as
being satisfactorily completed in conformance with the project specifications; 2) Approve
the final retention payment of $15,971.30 to Electro Construction Corp., 3021 Rowena
Avenue, Los Angeles, CA 90039, 35 days after the Notice of Completion is filed, if no claims
or objections have been filed and upon the Director of Public Works' concurrence; and 3)
Authorize the City Clerk to release the Labor and Materials and the Faithful Performance
Bond, upon expiration of the required lien period, if no claims or objections have been
filed, upon the concurrence of the Director of Public Works.
Item No. 16: Acceptance of the Cypress High School Driveway Modification, Public Works
Project No. 9719.
Recommendation: That the City Council: 1) Accept the project for the Cypress High
School Driveway Modification, Public Works Project No. 9719, as being satisfactorily
completed in conformance with the project specifications; 2) Approve Change Order No.
1, in the amount of $11,917.20; 3) Approve the final retention payment of $3,795.50 to
E&M Constructors Co., P.O. Box 922306, Sylmar, CA 91392, 35 days after the Notice of
Completion is filed, if no claims or objections have been filed, and upon the concurrence
of the Director of Public Works; and 4) Authorize the City Clerk to release the Labor and
Materials Bond and the Faithful Performance Bond, upon expiration of the required lien
period, if no claims or objections have been filed, upon the concurrence of the Director
of Public Works.
Item No. 17: Acceptance of the Pavement Rehabilitation of Orange Avenue From Walker
Street to Bloomfield Street, Public Works Project No. 9725.
Recommendation: That the City Council: 1) Accept the project for the Pavement
Rehabilitation of Orange Avenue from Walker Street to Bloomfield Street, as being
satisfactorily completed in substantial conformance with the project specifications; 2)
Approve the final retention payment to CalMat Co., dba Industrial Asphalt, 1357 W.
Foothill Blvd., Azusa, CA 91702, 35 days after the Notice of Completion is filed, if no claims
or objections have been filed; and 3) Authorize the City Clerk to release the labor and
Materials Bond, upon expiration of the required lien period, if no claims or objections
have been filed, and to release the Faithful Performance Bond, upon the expiration of
the one year guarantee.
Item No. 18: Approval of Plans and Specifications and Authorization to Solicit Bids for the
Construction of a Storm Drain on Lincoln Avenue From the Railroad Tracks, East to Valley
View Street, Public Works Project No. 9728.
Recommendation: That the City Council approve the Plans and Specifications for the
construction of a storm drain on Lincoln Avenue, and authorize staff to solicit bids for
the project.
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CITY COUNCIL MINUTES October 27, 1997
Item No. 19: Approval of Plans and Specifications and Authorization to Solicit Bids for the
Construction of Median Modifications and a Traffic Signal on Lincoln Avenue, Public Works
Project No. 9729.
Recommendation: That the City Council approve the Plans and Specifications for the
construction of a traffic signal and related median modifications on Lincoln Avenue, and
authorize staff to solicit bids for the project.
Item No. 20: Approval of Design Review Committee's DRC #97-35, Request to Install a Wall
Sign, Ushio Building, 5740 Cerritos Avenue; DRC #97-36, Request to Add an Enclosed
Outdoor Parking Area, Yamaha Building, 6555 Katella Avenue.
Recommendation: That the City Council adopt the attached Resolutions approving DRC
#97-35 and #97-36 - with conditions.
RESOLUTION NO. 4863
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-35 -WITH CONDITIONS.
RESOLUTION NO. 4864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-36 -WITH CONDITIONS.
Item No. 21: Approval of Additional Appropriations for Fiscal Year 1996-97.
Recommendation: 1) That the City Council approve the additional appropriations for
fiscal year 1996-97 from the General Fund unreserved fund balance to the following
accounts:
4179-11-105-01 (Legal Services) $72,400
4211-11-105-01 (Litigation Costs) $21,100
2) That the City Council, acting as the Cypress Redevelopment Agency Board, approve
the additional appropriation from the Low and Mod Housing Fund unreserved fund
balance to the following account:
3)
4299-36-196-06 (Economic Assistance) $300,000
Item No. 22: Approval of Modification of Condition No. 20 of Conditional Use Permit No.
87-7, Request to Allow a change in the Type of Screening Trees at an Existing Commercial
Center, 5721 Lincoln Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving the modification of Condition No. 20 of Conditional Use Permit No. 87-
7.
RESOLUTION NO. 4865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
MODIFICATION OF CONDITION NO. 20 OF CONDITIONAL USE PERMIT NO. 87-7.
Item No. 23: Denial of Design Review Committee No. 97-32, Request to Install Signs at the
Chevron Station, 5999 Cerritos Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, denying Design Review Committee No. 97-32.
RESOLUTION NO. 4866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING DESIGN REVIEW
COMMITTEE NO. 97-32.
Recreation & Park District Matters:
Item No. 24: Waiver of Fees for Cypress High School Athletic Boosters 1998 Cinco de Mayo
Celebration (5/2/98)
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CITY COUNCIL MINUTES October 27, 1997
Recommendation: That the City Council acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, waive the facility use fees, except
for facility deposit (S250), and liability insurance ($330.06), for the Cypress High School
Athletic Boosters 1998 Cinco de Mayo Celebration to be held on May 2, 1998.
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF PUBLIC HEARING OF TWO-MONTH REVIEW OF LIVE ENTERTAINMENT PERMIT
AT THE LA TERRAZA RESTAURANT, 6197 BALL ROAD, CYPRESS: Mayor Carroll opened the
public hearing. The City Manager called upon the Acting Chief of Police to present the
staff report. On August 25, 1997, the Cypress City Council commenced a Public Hearing to
consider revocation of the Live Entertainment Permit for the La Terraza Restaurant. At
that meeting, the Council took testimony, continued the public hearing for 60 days and
modified the original Live Entertainment Permit to include several additional conditions.
Since August 25, 1997, the Police Department has conducted regular patrol checks at La
Terraza. This effort has been focused primarily on the weekends when the problems
were most significant in the past. These checks revealed a reduction in the number of
police-related problems at the Cinnamon Square Center. The Acting Chief mentioned
that Lt. Schaefer was in the audience and he has been working with La Terraza during the
last 60 days.
Mayor Carroll asked if anyone wished to speak in favor of the continuance.
Mr. Steve Graham, attorney representing La Terraza, was present for La Terraza to address
the parking problems in the Center. There have been very positive developments out of
La Terraza Restaurant.
Mr. Ed Ponce, Cypress resident, said that he has had parties for his family at this
restaurant, the food is excellent and the service is very good. He hoped that the
restaurant would continue.
Mrs. Cecile Delgado, Cypress resident, said La Terraza is a fine family restaurant with good
food. She felt it should stay open.
Mayor Carroll asked if anyone wished to speak in opposition to the continuance of the
Live Entertainment Permit.
Ms. Yvonne Moreno, no address given, said that she had booked a wedding reception,
which was canceled by La Terraza management because of double booking. She won the
court judgment, but it has been over 30 days and La Terraza has not paid her and she did
not feel that the permit should be renewed. She reported that minors were in the bar.
The City Attorney advised that the decision of the Council tonight will not affect whether
La Terraza continues to operate as a business or not. The issue before the Council is
whether or not to continue the Live Entertainment Permit, however, the testimony
dealing with underage youth may be a factor that the Council could consider.
Councilmember Keenan mentioned Council directed staff at the last meeting to facilitate
a meeting regarding the parking situation. The Acting Chief responded that parking is
not a requirement for the live entertainment permit. Lt. Schaefer has met with La
Terraza and the other businesses in Cinnamon Square on the parking issues.
The City Attorney said that it is important to separate the issue of parking, which is an
issue that needs to be dealt with among the property owner and tenants from the Live
Entertainment process.
Councilmember Piercy commented that there appears to have been marked
improvement in the problems associated with the Live Entertainment permit. She had
noticed that there had been a big change in signage.
Mayor Carroll felt that the parking was a concern and he would like the City to help in
resolving those parking problems. The City Manager said that staff could serve as a
mediator and facilitator for the discussions that take place.
Councilmember Jones referred to the allegation of underage drinking in the restaurant
and asked what checking is being done. The Acting Police Chief described the procedure
during a bar check and this is the first complaint they have heard.
CITY COUNCIL MINUTES October 27, 1997
Mr. Matt Smith, owner of Cypress Family Pizza, said that he respects what La Terraza has
been attempting to do, the situation has gotten a lot better and he applauded them.
Everything they have done has been for the betterment of the community.
Mr. Graham felt that everyone shared the same goal. The parking issue is a big one and
they will be seeking the assistance of the City staff.
The City Attorney stated, for the record, that "it was important for the record to reflect
that there has not been a shred of evidence Introduced during this public hearing that
any of the decisions of the Council have been based on race, ethnicity, type of restaurant
operation, race, or national origin of the ownership of the restaurant and any reports in
the media to the contrary are inconsistent with the evidence before the Council."
Councilmember Keenan commented that when the bingo operation was approved, and if
there was a parking problem, their patrons would be required to move to the church
parking lot. He said he would vote "no" again because he feels that the trend is toward
more of a bar than a restaurant.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
close the public hearing, approve the continuance of the Live Entertainment Permit, with
the terms and conditions added at the August 25, 1997 City Council meeting for the initial
term already authorized. Councilmember Bowman believed that La Terraza had
demonstrated their cooperation with the community and are entitled to the
continuance. The motion carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Jones, Piercy and Carroll
NOES: 1 COUNCILMEMBERS: Keenan
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 97-10, A WIRELESS
TELECOMMUNICATIONS TRANSMISSION FACILITY, LOCATED AT 6555 KATELLA AVENUE, AND
VARIANCE NO. 97-9, AN ANTENNA LOCATED CLOSER THAN 300 FEET TO A RESIDENTIAL ZONE
AND CLOSER THAN TEN (10) FEET TO OTHER STRUCTURES: The public hearing was opened by
Mayor Carroll. The City Manager asked the Community Development Director to
summarize the staff report, which represented a request by AirTouch Cellular to
construct an unmanned wireless telecommunications transmission facility at an existing
office/warehouse development located at 6555 Kateila Avenue within the PC-1 Planned
Community Business Park Zone. The proposed facility includes a 12"W x 30'L x 10'H
electronic equipment enclosure building, a 50 foot high tapered steel monopole with six
directional antennas, one Global Positioning System antenna, one Loran antenna and one
test mobile antenna. A variance from Sections 13.4-5.A and H of the Cypress Zoning
Ordinance is also requested to allow a ground-mounted antenna closer than ten feet to
another structure and closer than 300 feet from a residential zone. Staff is
recommending denial of both Conditional Use Permit No. 97-10 and Variance No. 97-9, as
proposed. In accordance with the California Environmental Quality Act (CERA), an initial
study and a Negative Declaration have been prepared for this project. Because staff is
recommending denial, no further environmental documentation must be filed for the
subject project. Notices of this public hearing were posted, published and mailed to all
owners of properties located within 300 feet of the subject parcel. To date, staff has not
received any communication regarding this project. The Community Development
Director entered into the record that staff has made an effort to work with the cellular
communication company and allowed them a facility in the location where they have
indicated a need to fill a gap. She mentioned the various proposals that AirTouch had
made to staff.
Mr. Nat Pendleton, representing the applicant, AirTouch Cellular, P.O. Box 19707, Irvine,
spoke on why the City should approve their proposal, the need for better cellular service
in south Cypress, the extraordinary effort by AirTouch to locate a cell site in Cypress, why
the chosen site is desirable and why the alternative sites are not feasible. He answered
questions from Council and asked the Council to consider the community's needs for
cellular service.
Responding to Councilmember Jones, the Community Development Director replied that
staff would return to Council with a condition that AirTouch is not getting an air space
approval forever but as technology changes, they must change with the technology.
Councilmember Jones asked the Council to consider the position they take because she
believed there were alternative sites without impacting the residents.
Mr. Pendleton said that they are proposing to block the view of the monopole from the
residential areas. There is not another good alternative site available to them.
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CITY COUNCIL MINUTES October 27, 1997
Mayor Carroll asked if anyone wished to speak in favor of the application. No one spoke.
He then asked if anyone wished to speak against the project.
Ms. Marsha Salins, Assistant General Manager of Facilities at Panasonic, expressed concern
about the effect of infrared technology on the warehouse bar coding, instrumentation in
their service centers and LANS and WANS computer connections. She had asked for a
meeting that would result in verbal and written assurance that there would be no
adverse effect on any of their frequencies.
Responding to Mayor Carroll, Ms. Salins would request a meeting between Panasonic
engineers and the appropriate representatives of AirTouch and at this time they are
electing not to support this project.
Mr. Dennis Lowry, Manager of Site Development, AirTouch Cellular, P.O. Box 19808, Irvine,
explained that the monopole has very low power and they would be more than happy to
have AirTouch people meet with the Panasonic engineers. The technology is regulated
by the FCC which does not allow indiscriminate technologies that will interfere with
others. They are mandated by the California PUC to provide uninterrupted cellular
service, which they cannot provide here.
Councilmember Bowman suggested an alternative to the tall towers if that technology is
available.
Councilmember Keenan verified that no communications were received from the nearby
residents. He asked for a feeling from the Council how they felt about poles and the
importance of having this infrastructure in place. He would like to have the concern of
Panasonic addressed.
The Community Development Director clarified that AirTouch also had proposed
screening trees alongside the railroad tracks at a minimum of 20 feet and suggested staff
do a line of sight.
Mayor Carroll said he was not offended by the monopole, he was not concerned with the
proposed configuration and he suggested that the project be conditioned so that the
technologies do not interfere with businesses in the area and put in writing.
Councilmember Bowman concurred. He recommended language as to the amortization
or a time limit. Councilmember Keenan mentioned future technology. Councilmember
Piercy asked for clarification on the trees, the number and size.
The Community Development Director would ask that there be a specific condition that
staff does not return to Council until Panasonic expressed their satisfaction with the
project in writing.
The City Attorney suggested that staff recommendation 1.a and 1.b is the legally
appropriate course of action and staff return to Council at the next meeting or a
subsequent meeting with a conditional use permit with conditions so that staff and the
applicant work out the details.
After some additional discussion, The City Attorney explained that the permit be
conditioned to require reasonable consent from the surrounding business owners that
there won't be inappropriate interference with the electronic or electrical devices and
the effectiveness of the permit doesn't come to light until that consent is received and
on file with the City.
Mayor Carroll said that the Council does not want to give Panasonic veto power on this
issue.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan 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 direct staff to return to the City Council at its next meeting with a
resolution approving Conditional Use Permit No. 97-10, with conditions, including those
mentioned above. 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
PUBLIC HEARING REGARDING POLICE DEPARTMENT'S RECEIPT OF STATE CITIZENS' OPTION FOR
PUBLIC SAFETY (COPS) GRANT FUNDS: The public hearing was declared open by the Mayor.
The City Manager asked the Acting Police Chief to summarize the staff report. The Acting
Chief explained that the City of Cypress' share of AB 3229 funds was approximately
9
CITY COUNCIL MINUTES October 27, 1997
$108,000. The City Council has established the required Supplemental law Enforcement
Services Fund wherein monies received pursuant to the COPS/SLESF are deposited. The
Chief has submitted a list of potential uses of funds received.
No one wished to speak in support of or in opposition to the receipt of the funds.
Mayor Carroll closed the public hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to:
receive the $108,214.57 and place it into the Supplemental Law Enforcement Services
Fund, approve an increase of estimated revenues for the allocation of Supplemental Law
Enforcement Services Fund MAB 3229) in Other Grants account number 3525-30-999-99 for
$108,214.57 and direct the Chief of Police to expend funds in compliance with the
provisions of COPS/SLESF for front line municipal police services consistent with the
priorities established with the Chief of Police. 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
RECESS: Mayor Carroll recessed the meeting at 9:40 p.m. and reconvened at 9:50 p.m.
with all Councilmembers present.
DEFERRED BUSINESS:
ADOPTION OF RESOLUTION OF INTENTION FOR THE PROPOSED CYPRESS BUSINESS AND
PROFESSIONAL CENTER ASSESSMENT DISTRICT NO. 1: At the request of the City Manager, the
Public Works Director reviewed the staff report, which advised that Parcel Map No. 96-121,
approved by the City Council on July 14, 1997, 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 petitioned the City to construct these improvements via a 1913 Assessment District
proceeding with bonds issued pursuant to the Improvement Bond Act of 1915. At the
September 22, 1997 City Council Meeting, the City Council continued this item requesting
staff to provide further financial analysis and to approach the developer about additional
City incentives. The Public Works Director advised that the liens imposed as part of the
assessment district are superior to any other liens that might be on the property. Staff
feels very strongly that the proposed assessment district has many indirect benefits to
the City. He stressed that all the Council would be doing tonight would be initiating the
proceedings and they are not committed. He introduced John Friedrick, Assessment
Engineer, Bill Marticorena, Bond Counsel, Tom Johnsen, Financial Advisor, Tom Westhof
representing the underwriter and Bruce Kemp representing the developer, who were
available to answer questions from Council.
Mayor Carroll asked for more information on financials in the future.
Mr. Kemp advised that the biggest part of the development was the undergrounding of
the utilities. The District itself is approximately $2 million which includes the
undergrounding of the utilities, sewer, water and storm drains.
It was moved by Councilmember Jones and seconded by Councilmember Piercy to:
1 . Adopt the Resolution by title only, title as follows, declaring its intention to order
the construction of certain improvements and to form the Cypress Business and
Professional Center Assessment District No. 1.
2 . Adopt the Resolution by title only, title as follows, preliminarily adopting,
confirming and approving the Engineer's Report, and appoint the time and place
for hearing protests to improvements in the proposed Cypress Business and
Professional Center Assessment District No. 1.
3 . Designate the City Engineer as the Superintendent of Streets for these
proceedings.
4 . Designate the firm of Rutan and Tucker as Bond Counsel for these proceedings,
and authorize the City Manager to confirm the fees for bond counsel services.
5 . Designate the firm of Fieldman, Rolapp &Associates as Financial Advisors for the
City.
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CITY COUNCIL MINUTES October 27, 1997
At the request of the Public Works Director, Councilmember Jones suggested a public
hearing date of January 12, 1998 and she so amended the Resolution in her motion.
Councilmember Piercy amended her second.
RESOLUTION NO. 4867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ORANGE COUNTY,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS AND TO FORM CYPRESS BUSINESS AND PROFESSIONAL CENTER
ASSESSMENT DISTRICT NO. 1.
RESOLUTION NO. 4868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE ENGINEER'S REPORT AND APPOINTING THE
TIME AND PLACE FOR HEARING PROTESTS TO IMPROVEMENTS IN PROPOSED CYPRESS
BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT NO. 1.
The City Attorney clarified that the hearing date be set on January 12, 1998 rather than
December 22, 1997.
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
NEW BUSINESS:
REQUEST TO REMOVE A PARKWAY TREE AT 10402 SANDE STREET: The Public Works Director
introduced the item of the street tree at 10402 Sande Street, which does not meet any of
the criteria established by the City Council for removal. The Public Works Director's
decision denying a request for removal may be appealed to the City Council by the
resident. The tree is causing sidewalk damage that have been scheduled for repair and is
also causing some minor cracking of an adjacent garden wall.
Mr. Randy Sprague, 10402 Sande Street, Cypress, said he recently purchased the house. He
provided the Council with pictures of the tree leaning into the street. He felt that the
removal of a root would not solve the problem and most of the trees on the street have
been removed.
Councilmember Keenan said that he has visited the site and there is severe displacement
of the sidewalk and damage to the wall. He would like to the Council to consider
granting an exception in this case.
Councilmember Piercy commented that there is some noticeable damage to the
homeowners wall. If the owner would like the tree removed, she would grant the
request.
Councilmember Jones expressed concern about setting a precedent by granting this
request. In response to her request, the Public Works Director addressed the tree roots
effect on the wall.
Mayor Carroll asked the City Attorney's opinion on Counciimembers conducting their own
investigation.
The City Attorney said that under limited circumstances the Council can visit a site
provided a complete disclosure is made that the site was visited and the observations
were put into the record.
Councilmember Bowman said he felt the homeowner should have a voice in whether the
tree in front of his house stays or comes out. This appeared to be a major problem, it
needs to be removed and the right kind of tree planted.
It was moved by Councilmember Keenan and seconded by Councilmember Piercy to
approve Mr. Sprague's request to remove the tree and if the homeowner would like a
new tree to select one that is compatible.
Mayor Carroll said he would vote for this motion if it were amended to plant a
replacement tree. Councilmember Keenan would amend his motion to include this
request and the tree be chosen by the homeowner. Councilmember Piercy seconded the
amended motion. The motion unanimously carried by the following roll call vote:
11
CITY COUNCIL MINUTES October 27, 1997
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
REQUEST TO REMOVE A PARKWAY TREE AT 10654 MAPLE STREET: At the request of the City
Manager, the Public Works Director presented the staff report which represented a
request for the removal of a street tree at 10654 Maple Street. This tree does not meet
any of the criteria established by the City Council for tree removal and the Public Works
Director's decision is being appealed to Council. The tree is causing minor sidewalk
damage and curb and gutter displacements have been scheduled for repair.
Councilmember Keenan said he did visit the site, there is some cracking on the sidewalk
but this tree should be preserved.
Councilmember Jones remarked that most of the repair work has been done, the tree
roots do grow down and she would deny the request.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
deny Mr. Carden's appeal to remove the tree. 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
Councilmember Keenan said, "for the record, thank you, thank you for the tree, the one
tree. He appreciated that."
REQUEST TO DETERMINE WHETHER A MUSIC/RECORDING STUDIO IS A SIMILAR USE TO THE LIST
OF PERMITTED USES WITHIN THE PCM PLANNED COMMERCIAL LIGHT INDUSTRIAL ZONE: The
Community Development Director summarized the staff report which described a written
request to operate a music/recording studio at 9205 Valley View Street within the PCM
Planned Commercial/Light Industrial Zone. Because recording studios are not a listed use
within the PCM Zone, the applicant is requesting a zoning determination from the City
Council. Staff feels that the proposed use is similar to and will be no more detrimental
than the uses listed as conditionally permitted uses in the PCM Zone.
Councilmember Keenan stated, for the record, "that I am in a similar but not competing,
totally unrelated business, so I would like to participate in the discussion on this." He
asked what other zones would be affected and the Community Development Director
clarified that this is the only zone impacted. Councilmember Keenan commented that
noise considerations in this type of business are generally not a factor because of the
soundproofing.
After some discussion, the Mayor suggested that there be some assurance in the
conditional use permit that the doors remain closed.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
find that recording studios are similar to the listed permitted uses in the PCM Planned
Commercial/Light Industrial Zone, with a Conditional Use Permit. 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
PROPOSAL OF MEDIAONE TO UTILIZE CITY-CONTROLLED PUBLIC, EDUCATIONAL AND
GOVERNMENT ACCESS CABLE TV CHANNELS: The City Manager advised that this item was
properly discussed in Closed Session and staff recommended that the report be received
and filed.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
receive and file the staff report. 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
APPOINTMENT TO THE CABLE TELEVISION &TECHNOLOGY COMMISSION: The staff report was
presented by the City Manager advising of the current vacancy on the Cable Television &
12
CITY COUNCIL MINUTES October 27, 1997
Technology Commission. Council conducted an interview with Mr. Delbert Davis at its
adjourned regular meeting held on October 6, 1997.
It was moved by Councilmember Jones and seconded by Mayor Carroll to appoint Mr.
Delbert Davis to fill the vacancy on the Cable Television &Technology Commission. 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
UPDATE ON THE CURRENT MORATORIUM REGARDING THE ACCEPTANCE AND PROCESSING OF
PERMITS FOR AUTO-RELATED USES IN THE LINCOLN AVENUE SPECIFIC PLAN AREA: The City
Manager requested that the Community Development Director present the staff report
which updated the City Council on studies that are being done regarding appropriate
parking standards for auto-related uses and appropriate land uses for the Lincoln Avenue
Specific Plan Area. On April 14, 1997, the Council had adopted interim Ordinance No. 961,
enacting a moratorium on the acceptance and processing of Conditional Use Permits and
Building Permits for auto-related uses in the Lincoln Avenue Specific Plan Area. On May
27, 1997, Urgency Ordinance No. 966 was adopted extending the moratorium for ten
months and 15 days. It was anticipated that the studies on the zoning Code Update and
the Lincoln Avenue specific Plan would take about six months.
Councilmember Bowman commented that in redevelopment, the emphasis is on the
strength already in the community. There is resistance to automotive uses on Lincoln
Avenue, but they are a viable industry and he believed they could be made to look
aesthetically appealing.
Mayor Carroll also commented that to change the order of things is very difficult and it
should be looked at very carefully as to how can Lincoln Avenue be enhanced.
Councilmember Jones said she didn't believe the Council had to be driven only by market
forces and the community needs to set standards.
Councilmember Keenan agreed that he would like rational progress and set standards,
but didn't want to use the public's money to hide ugly things that have been allowed to
happen.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
receive and file the staff report. 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
APPROVAL OF AN ORDINANCE REGULATING THE COLLECTION, TRANSFER AND REMOVAL OF SOLID
WASTE: The Public Works Director summarized the staff report which would update the
current city code regulating solid waste to address the Integrated Waste Management Act
of 1989 and the requirements of the current franchise agreements. Therefore, staff and
the City Attorney believed it was appropriate to gain consistency among all of the City's
solid waste management documents by revising the entire code chapter regulating solid
waste activities.
Responding to Mayor Carroll, the Public Works Director said that the material would be
posted at the library and published in the local newspaper.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
introduce the first reading of the Ordinance by title only, title as follows, regulating the
collection, transfer and removal of solid waste.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
REGULATING THE COLLECTION, TRANSFER, DISPOSAL, AND/OR RECYCLING OF SOLID
WASTE BY AMENDING CHAPTER 12, "SOLID WASTE MANAGEMENT," AND ADDING SECTION
14.5 TO APPENDIX I AND AMENDING SECTION 10.7.0 OF APPENDIX I OF THE CODE OF THE
CITY OF CYPRESS.
The motion unanimously carried by the following roll call vote:
13
CITY COUNCIL MINUTES October 27, 1997
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Carroll announced that there was question regarding Item No. 14, which will be
considered later in the evening.
SCHEDULING ORAL INTERVIEW SESSION FOR THE FINANCE REVIEW COMMITTEE: The Finance
Director referred to the staff report which requested the City Council to schedule a date
and time to conduct oral interviews of the ten applicants for the Finance Review
Committee. The Finance Review Committee Mission Statement, Purpose and
Representation were approved by the City Council on August 25, 1997.
Various dates were discussed and it was the consensus of the Council to conduct the
interviews on November 17, 1997, starting at 6 p.m. in the Administrative Conference
Room.
DISCUSSION REGARDING EXTENDING THE TERM OF OFFICE OF THE CITY'S REPRESENTATIVE TO
THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY BOARDS: The City Manager reviewed
the staff report which indicated that Mayor Carroll had requested this matter be placed
on the agenda for discussion. The Mayor would like to pursue discussion regarding
extending the term of the City's representative on the Board. He felt that serving only a
one year term is not sufficient to fully gain the experience needed to be an effective
representative for the City.
Mayor Carroll said he served on the Board currently and Cypress has turned over their
representative each year so they do not have the opportunity for leadership that other
cities have and there is a financial consideration for attending meetings.
Councilmember Bowman commented that there is a learning curve and it is a very
complex operation. He didn't believe that Cypress has good representation because of
the requirement to change each year.
Councilmember Keenan agreed that it was a complex issue and he suggested that if there
is someone with a year's experience and willing to continue then he would nominate
Mayor Carroll to continue to represent Cypress on this Board. The nomination was
seconded by Councilmember Jones.
Councilmember Piercy noted that it is at the option of the Mayor whether he wishes to
serve or appoint a representative.
Responding to Councilmember Jones, the City Attorney clarified that the Mayor
designates another member of the Council as an Alternate member and then the new
Mayor would voluntarily choose not to attend the meetings and so the Alternate would
attend with voting authority.
After additional discussion, Mayor Carroll would recommend that this appointment be for
a minimum of two years.
The City Manager suggested the Council consider the item this time and when it next
arises, take the input of the next Mayor and make a determination how it is to be rotated
for the next two years.
After some discussion, Councilmember Jones felt that the Mayor should make that
decision each time they are appointed.
It was moved by Mayor Carroll and seconded by Councilmember Piercy to continue this
item until a new Mayor is appointed. 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
ADOPTION OF PROGRAM TO INCREASE COMMUNICATIONS BETWEEN THE CITY COUNCIL AND
BOARDS AND COMMISSIONS: The City Manager introduced the Assistant to the City
Manager, Karen Wylie, who presented the staff report which proposed that a Mayor's
Roundtable be established as an opportunity for the Mayor and Commission Chairpersons
to meet on a regular basis to discuss the Commission activities. This Roundtable would
provide the forum for a discussion with the Commissioners and it is hoped that overall
communication between the City Council and the Commissions would be enhanced. A
new Commissioner Orientation Seminar is also proposed. This seminar would introduce
14
CITY COUNCIL MINUTES October 27, 1997
new Commissioners to the City of Cypress and provide information about their role as a
Commissioner, the function and duties of the Commission, the Brown Act and other
available information which may be of assistance for new Commissioners. The Council is
being asked to consider directing staff to work with each Board & Commission on
development of an Annual Work Plan for City Council consideration during the budget
process.
Councilmember Keenan suggested that the Mayor's Roundtable be expanded to include
the Mayor's designee and the Chairperson's designee. He felt that meetings should be
held more than twice a year because it was important to open the channels of
communication to receive more feedback from the Commissions.
Councilmember Jones asked the Council to consider involvement with the Chamber of
Commerce in the Roundtable discussions.
Mayor Carroll expressed his objection because the intent is the Council's interface with
the Commissioners who have a direct connection with City government process.
Councilmember Bowman mentioned including Task Force members and he expressed
concern about the effectiveness of a Mayor's Roundtable because the Council generally
meets with the Commissions or Task Forces on an annual basis. The direction to the
Commissions should come from the full Council and he was unsure of the purpose of the
Roundtable that couldn't be accomplished by the whole Council.
Councilmember Keenan commented that whoever attends the roundtable from the
Council would assume a reporting role rather than providing direction.
Councilmember Jones said she liked the idea, but would not approve of one person
dictating policy. It should be understood that it is not to set policy.
Mayor Carroll acknowledged that Councilmember Bowman's concerns are real. He
suggested that at each of the meeting there be two people present, the Mayor and
another Councilmember who would rotate. He felt that the Commissions had been
neglected by not connecting them to the processes of the Council. He would also
approve of including an operating task force.
Councilmember Piercy said she would like to see the meetings open to any
Councilmembers who are interested.
The City Manager suggested having attendance at the meetings rotated amongst the
Councilmembers with each of them coming to one of the quarterly meetings. He also
suggested that policy advocacy not take place at the meetings but two-way discussions
on what is taking place at the City level that the Mayor could communicate on behalf of
the Council.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to:
1 . Establish a Mayor's Roundtable and direct staff to schedule the first meeting.
2 . Direct staff to identify and develop a Board and Commissioner Orientation
Seminar, and
3 . Direct staff to work with each Commission to develop a Work Plan for 1998.
Mayor Carroll added that the amendments to the staff recommendation are the inclusion
of operating Task Forces, rules of conduct at the meetings and rotation of
Councilmembers attending the meetings. 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
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 28319 - 29015: It was
moved by Councilmember Keenan and seconded by Councilmember Bowman to approve
the Commercial Warrant List for Warrants No. 28319 through 29015 in the amount of
$3,232,183.43. 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
15
CITY COUNCIL MINUTES October 27, 1997
Regarding Item No. 14, Adoption of Resolution Approving the Federal Housing and
Community Development Block Grant Application - 24th Year, Councilmember Bowman
had asked for reconsideration and he so moved. The motion was seconded by Mayor
Carroll and 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
Councilmember Bowman said the reason for the reconsideration was that one of the
items recommended by the citizens committee was "Improvements to the Boys and Girls
Club" and that was omitted from the list submitted and he would like that included.
Responding to Mayor Carroll, the Community Development Director answered that they
have been advised by the County that any request for funding for non-profit
corporations should be done directly to the County. Staff will check with the County to
determine if adding them to the list would show support from the City.
The City Manager said that the City does own the facility and it is used as a Boys and Girls
Club and the City can include it in the priorities submitted to the County under the CDBG
program with the City of Cypress as the applicant.
Councilmember Keenan expressed concern that it would jeopardize the other requests.
It was moved by Councilmember Bowman that the improvements to the Boys and Girls
Club be included in the request wherever it was included on the list made at the public
meeting. Mayor Carroll would support the motion but with legal and staff assurance that
it wouldn't invalidate the City's request.
Councilmember Jones asked that Bill Wostenberg speak on this item.
Mr. Bill Wostenberg, Recreation and Community Services Commissioner, stated that there
was an omission, they weren't told it didn't meet the criteria so it was included with the
other recommendations. Somehow this request did not get communicated to the
priority list but it was recommended by the Commission.
The Park and Recreation District Director said the recommendation was made at a
Recreation and Community Services Commission meeting to the Community
Development Department and there was an eligibility question.
It was moved by Councilmember Bowman that "Improvements to the Boys and Girls Club"
be included in the request to the County and staff provide the dollar amount. Mayor
Carroll clarified that if the request doesn't jeopardize the entire program, it will remain.
Conversely, if it does jeopardize the program either omit or bring it back to the Council.
Councilmember Jones seconded the motion, which was 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
Due to the lateness of the hour, it was moved by Councilmember Keenan and seconded
by Councilmember Jones to continue the meeting past 11:30 p.m. 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.
APPROVAL OF THE LISTING OF PRIORITY PROJECTS FOR THE RENOVATION OF ARNOLD/CYPRESS
PARK: The City Manager asked Recreation and Park District Director Marvin DeCarlo to
summarize the staff report which revealed that the Recreation and Community Services
Commission has held three regular meetings and two special meetings in consideration of
determining park improvement needs and prioritizing those needs. The Council
previously approved the purchase of playground equipment which will be installed prior
to December 31, 1997. Council also has approved inclusion of a proposed roller hockey
rink to be constructed at Arnold/Cypress Park as a segment of the improvement plan. He
listed the top ten projects and mentioned other issues discussed by the public. He said
16
CITY COUNCIL MINUTES October 27, 1997
that Recreation and Community Services Commissioner Bill Wostenberg was present to
answer any questions.
It was moved by Councilmember Jones and seconded by Councilmember Piercy that the
City Council, acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District, approve the listing of the priority projects for the
renovation of Arnold/Cypress Park and direct staff to open discussion with the City of La
Palma for possible participation in funding for the construction of the roller hockey rink.
Mr. Bill Wostenberg reiterated that the Commission went through a process to prioritize
the project. No one had any objections to the list as it is currently prioritized.
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
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. No items were presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:45 p.m. to Monday, November
10, 1997 at 5:00 p.m. in the Administrative Conference Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
17