Minutes 97-11-24MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 24, 1997
The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m. on
Monday, November 24, 1997 in the Administrative Conference ROom, City Hall, 5275
Orange Avenue, Cypress, Mayor Tom Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Jones, Keenan, Piercy and Carroll
None
INTERVIEW SESSION: Alternate to the Cypress Senior Citizens Commission.
The City Council ConduCted an oral Interview of Dr. Prakash Narain for an alternate
position on the Senior Citizens Commission.
WORKSHOP SESSION: Discussion Regarding Potential Land Uses for Wicker Drive Properties.
Present for the Workshop Session were the City Manager, City Attorney and staff
members Angus, Christoffels, Kelly, Mariscal, Storey and Wylie.
The City Council met to discuss the potential land uses for the Wicker Drive properties.
Staff provided the Council with information about alternative potential land uses, work
the Committee has done and interim land uses and restrictions. No action was taken but
Council did ask staff to return with Information related to various land use options.
RECESS: Mayor Carroll recessed the meeting at 6:03 p.m. to allow the Council to meet in
the Council Chamber. The meeting reconvened at 6:10 p.m. with all Councilmembers
present.
CLOSED SESSION: The Mayor immediately recessed the meeting to a Closed Session to
discuss the agendized item of Conference With Legal Counsel - Anticipated Litigation
(Government Code Section 54956.9(b).
COUNCILMEMBER BOWMAN LEFT THE MEETING AT 6:25 P.M.
The meeting reconvened at 7:00 p.m. with all Councilmembers present, except
Councilmember Bowman. Also present were the City Manager, City Attorney and staff
members Christoffels, DeCarlo, Haina, Kelly, Krauss, Storey and Wylie.
PLEDGE OF ALLEGIANCE: The Pledge was led by members of Boy Scout Troop No. 670.
CITY COUNCIL REORGANIZATION:
Mayor Carroll provided an overview of the events that occurred and were accomplished
by the City Council during the past 12 months. He concluded by thanking the staff for an
extraordinary year, the Commissioners, his colleagues, his family and the citizens of
Cypress. He then resigned his post as Mayor of the City of Cypress. Mayor Pro Tern Jones
resigned her position as Mayor Pro Tern.
The City Clerk opened nominations for the position of Mayor. Councilmember Keenan
nominated Councilmember Mary Ann Jones for the position of Mayor. There being no
additional nominations, it was moved by Councilmember Carroll and seconded by
Councilmember Keenan to close the nominations. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Carroll, Jones, Keenan and Piercy
None
Bowman
Councilmember Mary Ann Jones was unanimously elected Mayor. Mayor Jones then
presented former Mayor Carroll with a Mayor's plaque.
Mayor Jones thanked her fellow Councilmembers for their support. The Mayor serves as
the Community's leader and ambassador at numerous public functions. She will be
listening to the concerns of the citizens and take actions that will best serve them.
Cypress has evolved into a family-centered community with a strong business foundation.
Projects that she viewed as most important were the revltalizatlon of Lincoln Avenue,
CITY COUNCIL MINUTES November 24, 1997
remodeling of Arnold/Cypress Park, citizen Involvement and participation, high standards
for development In Cypress and the malntenance of financial integrity. She asked the
citizens for their support and expertise and recognized her family with a special thank
you.
Mayor Jones opened the nominations for the position of Mayor Pro Tern. Councilmember
Carroll nominated Councilmember Keenan, Mayor Jones seconded the nomination and
closed the nominations. Councilmember Keenan was unanimously elected Mayor Pro
Tern by the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Carroll, Keenan, Pieroy and Jones
None
Bowman
Mayor Pro Tern Keenan expressed his appreciation for the support of his fellow
Councilmembers, he cited his participation on the Committees he serves and his desire to
serve the citizens of Cypress. He thanked his wife who has also made a tremendous
commitment of her time.
RECESS: Mayor Jones recessed the meeting at 7:26 p.m. COUNCILMEMBER BOWMAN
RETURNED AT 7:35 P.M.
The meeting reconvened at 7:50 p.m. with all Councilmembers present.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager summarized discussions held during the Workshop Session.
The City A~orney reviewed discussions held during the Closed Session on the agendized
item of Conference with Legal Counsel, Anticipated Litigation. He reported that the
Council unanimously directed staff and the City Attorney to continue to assert the City's
rights and obligations under law and, at this point, no litigation was authorized.
ORAL COMMUNICATIONS:
Mr. Mike MCGill, 6097 Pitcairn Street, Cypress, referred to the Anaheim Union High School
Distrlct's (AUHSD) notification to Brethren Christian that there would not be a renewal of
the lease. He referred to an article In the Register about AUHSD giving notice seeking to
increase property taxes to finance capital development. He requested the City Council
continue to monitor and work with the AUHSD.
Mrs. Gall Kerry, 5196 Edgemont Cr., Cypress, urged the citizens of Cypress and the City
Council to support efforts to secure the Oxford Junior High School site. She encouraged
each of the Council and the citizens of Cypress to write to the Anaheim Union High School
DiStrict Board of Trustees letting them know that Cypress wants to insure the future of
Oxford and recommended that the site be sold to or through the City of Cypress with a
long-term lease to Brethren or a pass-through sale to Brethren, then citizens of Cypress
can be guaranteed open space, little theater and community festival activities.
Mr. Steve LeoneIll, Edgemont Circle, Cypress, spoke about the future of the Oxford school
site. If the school reverts to a continuation school then everything that he has Invested
in will take a serious loss. He encouraged the Council to use their influence with the
AUHSD.
Mr. Harry Gardikis, Orange Avenue, Cypress, a volunteer firefighter, remarked about the
comments made by some career firefighters at the last Council meeting. He then
presented information about paid call firefighters to keep the issue straight.
Councilmember Bowman commented that this Issue arose several years ago and the
Council appointed a Fire Services Task Force. The Issues were analyzed and it was
determined that Station 12 had excellent response times, excellent personnel on staff
and there was no need for concern regarding the volunteer station. The Community can
feel secure with the current arrangement.
Mayor Jones reported that the Council has met with the Board of Trustees of the AUHSD.
The Council had asked Anaheim Union to pursue the site for other uses and assurances
were given by AUHSD that it would not be used for a continuation school.
AWARD OF CONTRACTS:
APPROVAL OF PURCHASE OF SURVEILLANCE EQUIPMENT FOR THE SPECIAL ENFORCEMENT TEAM
AND WARRANT ENTRY TEAM: The City Manager asked the ACting Police Chief to present the
2
CITY COUNCIL MINUTES November 24, 1997
staff report which indicated that three bids had been received for the purchase of
surveillance equipment· The current method of surveillance presented dangers to the
Officers involved in the surveillance, as well as creating the potential for compromising
the case. With the purchase of an undercover periscope, camera, monitor and video, the
Narcotics Unit would be able to videotape locations from the rear of their undercover
van.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman that
the City Council:
Authorize the purchase of a compact manual periscope, video monitoring and
recording system, low light color camera (day use) and low light black and white
camera (night use) from the Sirchle Group, P.O. BOX 789, Medford, new Jersey, in an
amount not to exceed $8,000 and
Appropriate $3,000 in Account 4305-90-656-35 (Police Equipment - Capital
Replacement Fund) and authorize an operating transfer from the ASSet Seizure
Unreserved Fund Balance to the Capital Replacement FUnd in the amount of
$8,000.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
APPROVAL OF PURCHASE OF COMPUTER EQUIPMENT FOR THE SPECIAL ENFORCEMENT TEAM:
The Acting Police Chief summarized the staff report for which three bids were received
for the purchase of a lap top computer for use in the field. Officers could update data
bases, input current information related to cases belng worked and write a search
warrant in a timely manner without leaving the scene. Search warrants and affidavits
could be printed in the field and either deliver to a judge or faxed to a judge for
signature.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy that
the City Council:
Authorize the purchase of a lap top computer with an Internal fax modem, mobile
printer, extra ink cartridge, hard case computer bag and Microsoft Access Database
Program from CompUSA, 550 North Euclid, Anaheim, California, in an amount not
to exceed $4,370.00, and
Appropriate $4,370.00 in Account 4305-90-657-36 (Police Equipment - Capital
Replacement Fund) and authorize an operating transfer from the ASSet Seizure
Unreserved FUnd Balance to the Capital Replacement Fund in the amount of
$4,370.00.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPROVAL OF PURCHASE OF PROTECTIVE BALLISTIC SHIELD FOR PATROL DIVISION: At the
request of the City Manager, the Acting Police Chief presented the staff report advising
that two bids were received for the purchase of protective ballistic shields to provide
added protection beyond what a bulletproof vest could provide.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman to:
Authorize the purchase of a Protech Intruder Ballistic Shield, BSLS Light System,
shield carry bag, extra battery and extra light bulb from Armor Holdings, 13386
International Parkway, Jacksonville, Florida, in an amount not to exceed $1,570.00,
and
Appropriate $1,570.00 in ACcount 4305-90-656-35 (Police Equipment - Capital
Replacement Fund) and authorize an operating transfer from the Asset Seizure
Unreserved Fund Balance to the Capital Replacement Fund in the amount of
$1,570.00.
The motion unanimously carried by the following roll call vote:
CITY COUNCIL MINUTES November 24, 1997
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
AUTHORIZATION FOR ADDITIONAL BUILDING INSPECTOR AND BUILDING OFFICIAL SERVICES AND
APPROVAL OF APPROPRIATION OF FUNDS: The City Manager asked the Community
Development Director to review the staff report requesting approval of contract building
inspection services for the 1997-98 Fiscal Year. Six consultant firms were solicited for
proposals to provide Acting Building Official Services to the City and four proposals were
received. This contract service would provide for Increased levels of building inspection
to the citizens and commercial developers on an as-needed basis. This year's construction
level has increased so that, in many cases recently, one and sometimes two contract
inspectors had to be brought in to keep up with the Inspection requests being received
bv the Building Division.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan to:
Approve the appropriation of $10,000.00 from the unreserved fund balance of the
General Fund to ACCOUnt Number 4189-11-243-09 to provide for the additional
inspections through June 30, 1998, for Melad and Associates and Willdan Associates,
$7,500.00 and $2,500.00, respectively, and
Approve the contract with Van Dorpe Chou Associates, Inc. for Acting Building
Official services for a maximum of two and a half months for a not to exceed
amount of $19,200.00 based on an hourly rate of $60 per hour.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
AWARD OF CONTRACT FOR THE CONSTRUCTION OF A STORM DRAIN ON LINCOLN AVENUE FROM
THE RAILROAD TRACKS EAST TO VALLEY VIEW STREET, PUBLIC WORKS PROJECT NO. 9728: The
Public Works Director reviewed the staff report which indicated that 19 bids were
received for the construction of a storm drain on Lincoln Avenue from the railroad tracks
east to Valley View Street. This project was identified as a high priority project in the
City's 1994 Master Storm Drain Plan and is being funded with developer fees.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to:
Award a contract for the construction of a storm drain on Lincoln Avenue, Public
Works Project No. 9728 to Palp, Inc. DBA Excel Paving Company, 2230 Lemon
Avenue, Long Beach, California 90806, in the bid amount of $210,657.04 (award
amount of $191,506.40 plus ten percent contingency), and
Appropriate $210,658.00 from the unreserved fund balance of the Drainage Fund
to Account No. 4186-26-479-23 (Storm Drain Modification).
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All ma~ers listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Carroll asked that Item No. 15, Adoption of a Resolution Commending
Police Lieutenant James L. Weuve be pulled and Councilmember Bowman reques~:ed that
Item No. 10, Acceptance of Pavement Rehabilitation of Valley View Street from Ball Road
to South City Limits, Katella Avenue from McDonnell Drive to Valley View Street and Katella
Avenue from Hope Street to Holder Street, City of Cypress Project No. 9649, be removed.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 7 through 16, with the exception of Items No. 10
and 15. The motion unanimously carried by the following roll call vote:
CITY COUNCIL MINUTES November 24, 1997
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
Item No. 7: Motion to Approve City Council Minutes of November 10, 1997.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
November 19, 1997, as submitted.
Item No. 8: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 9: Acceptance of the Pavement Overlay of Various Residential Streets, Public
Works Project No. 9726.
Recommendation: That the City Council: 1) Accept the project for the Pavement Overlay
of Various Residential Streets, Public Works Project NO. 9726, as being satisfactorily
completed in substantial conformance with the project specifications; 2) Approve the
final retention payment of $25,473.69 to 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, 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 lien period, if no claims or objections have been filed, upon
the concurrence of the Director of Public Works.
Item No. 11: Acceptance of Replacement of Ballfield Lighting at Oak Knoll Park, Public
Works Project NO. 9708.
Recommendation: That the City Council: 1) Accept the project for the Replacement of
Ballfield Lighting at Oak Knoll ark, Public Works Project No. 9708, as being satisfactorily
completed in conformance with the project specifications; 2) Approve the final retention
payment of $15,290.00 to Electro Construction Corporation, 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 concurrence of the Director of Public Works;
and 3) 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 12: Approval of Design Review Committee No. 97-40, Request to Install One New
Wall Sign and Re-face the Existing Wall Sign and Pylon Sign for Radio Shack, 5496 Lincoln
Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee NO. 97-40 - with conditions.
RESOLUTION NO. 4875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-40 - WITH CONDITIONS.
Item No. 13: Proclaiming November 24- 30, 1997, as "Family Week" in the City of Cypress,
and Adoption of Resolution Recognizing the Sherrin Family as the 1997 Cypress Family of
the Year.
Recommendation: That the Mayor and City Council officially proclaim November 24 - 30,
1997, as "Family Week" in the City of Cypress, and adopt the Resolution by title only, title
as follows, recognizing the Sherrin Family as the 1997 Cypress Family of the Year.
RESOLUTION NO. 4876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE
SHERRIN FAMILY AS THE 1997 CYPRESS FAMILY OF THE YEAR.
Item No. 14: Approval of Continuous Employment List - Police Officer (Lateral and
Academy Trained)
Recommendation: Receive and file.
Item No. 16: Approval of Monthly Investment Program for the Month of October 1997.
Recommendation: Receive and file.
5
CITY COUNCIL MINUTES November 24, 1997
Regarding Item No. 10, Acceptance of the Pavement Rehabilitation of Valley View Street
from Ball Road to South City Limits, Katella Avenue from McDonnell Drive to Valley View
Street and Katella Avenue from Hope Street to Holder Street, City of Cypress Project NO.
9649, Councilmember Bowman said that It was brought to this attention that where there
are two left turn lanes, some of the intersections haven't been restrlped. The Public
Works Director advised that half the restrlplng was done last night and It was his
understanding that the contractor would finish tonight. It was moved by
Councilmember Bowman and seconded by Councilmember Keenan that the City Council:
1) ACCept the project for Pavement Rehabilitation of Valley View Street from Ball Road to
South City Limits, Katella Avenue from McDonnell Drive to Valley View Street, and Katella
Avenue from Hope Street to Holder Street, Public Works Project No. 9649, as being
satisfactorily completed in conformance with the project specifications; 2) Approve the
final retention payment of $59,480.34 to 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 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. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
With regard to Item No. 15, Adoption of Resolution Commending Police Lieutenant James
L. Weuve for His Outstanding Contribution to the West Cities Communications Center
Joint Powers Authority (west-Comm) Project, Councilmember Carroll emphasized how
pleased he was on the great job done on west-comm and indeed the commendation was
well deserved. It was moved by Councilmember Carroll and seconded by Councilmember
Keenan that the City Council adopt the Resolution by title only, title as follows,
commending Lieutenant James L. Weuve for his outstanding contributions to the West
cities Communications Center Joint Powers Authority (West-Comm) project.
RESOLUTION NO. 4877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING
LIEUTENANT JAMES L. WEUVE FOR HIS OUTSTANDING CONTRIBUTIONS TO THE WEST
CITIES COMMUNICATIONS CENTER JOINT POWERS AUTHORITY (WEST-COMM) PROJECT.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Carroll, Bowman, Keenan, Piercy and Jones
None
None
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
PUBLIC HEARING REGARDING APPROVAL OF SPECIAL PERMIT TO ALLOW DOOR-TO-DOOR
SOLICITATION FOR THE SALE OF DUST CONTROL PRODUCTS, MANUFACTURED BY THE DUSKIN
CO., LTD., - MR~ MASAMI YAMAZAKI: Mayor Jones opened the public hearing. At the
request of the City Manager, the Acting Police Chief Krauss presented the staff report
which represented an application for a Special Permit to allow door-to-door solicitation
for the sale of dust control products manufactured by the DuskIn Co., Ltd., filed by Mr.
Masami Yamazaki. Pursuant to section 15-62 of the Cypress City Code, the City Council,
having received the report from the Chief of Police and conducting a Public Hearing, is to
determine whether or not the applicant or the operation of the business will comport
with the peace, health, safety and general welfare of the public. The Affidavits of
Publication and Posting of the Public Hearing Notice on this matter are on file In the
Office of the City Clerk and, as of the writing of this report, no written communications
have been received either in favor of or in opposition to this Special Permit application.
Mr. Masami Yamazaki, Branch Manager of Duskin Co., Ltd., located in Brea introduced Mr.
James Duncan, the Duskin representative In the Cypress area. Mr. Yamazaki said this was
the first opportunity to introduce this business in this country which rents household
cleaning products and provides a monthly service to replace all used products.
Mayor Jones asked if anyone wished to speak in support of the application. No one
spoke. The Mayor asked if anyone wished to speak against the application.
CITY COUNCIL MINUTES November 24, 1997
Mrs. Mary Crowder, Reefton Avenue, Cypress, stated that this door-to-door selling was
going to create trouble again. She had her fill of all door-to-door selling because it is a
bad Idea.
Mr. James Duncan commented that DuSkIn Is based on relationships and they are active
and like to Interact with the community. The people either like to product or not. If
they don't, that's the end of the relationship.
Mayor Jones closed the public hearing.
Councilmember Carroll said he believed the Council has a history of denying door-to-door
sales other than for a few non-profit organizations and he subscribes to that denial for
this kind of solicitation.
It was moved by Councilmember Carroll and seconded by Councilmember Bowman to
deny the Special Permit making a finding under Section 15-62(b) that circumstances set
forth therein have not been satisfied. Councilmember Bowman said he noticed that the
community is not receptive to door-to-door solicitation because their preference is to go
out and select their shopping opportunities. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
The City A~torney clarified that the application for the permit has been denied.
PUBLIC HEARING REGARDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 97-1, REQUEST TO
DELETE THE PROPOSED BIKE LANE, LOCATED AT LINCOLN AVENUE CORRIDOR: The Public
Hearing was opened by Mayor Jones. The Community Development Director presented
the staff report which represented a city-initiated request to eliminate the proposed
Lincoln Avenue Corridor bike lane. The ellmlnatlon of the bikeway will allow Lincoln
Avenue to accommodate future lane reconfiguratlon without requiring additional right-
of-way. Deletion of the bike lane can also be seen as beneficial in that adjacent land uses
will not be impacted by future right-of-way expansion needs. The proposal required an
amendment to the General Plan Circulation Element addressing alternative modes of
transportation. In accordance with the California Environmental Quality ACt (CEQA), an
Initial Study and a Negative Declaration (determination of no significant environmental
impact) have been prepared for this project. Notice of this public hearing was published
and, to date, staff has not received any communication regarding this project.
No one wished to speak in support of or In opposition to the request. Mayor Jones closed
the public hearing.
The City Manager advised that this was in response to direction given by Council in a
workshop session related to Lincoln Avenue and the Lincoln Avenue Committee.
Councilmember Carroll mentioned that to retain a bike lane, the curbs would have to be
moved at the cost of approximately $4-5 million.
It was moved by Councilmember Bowman and Councilmember Piercy to:
Adopt a finding of de Minimis Impact, approve the Negative Declaration, and
direct staff to file a Notice of Determination and de Mlnimis Impact Exemption,
and
Adopt the Resolution by title only, title as follows, approving the General Plan
Amendment No. 97-1
RESOLUTION NO. 4878
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN
AMENDMENT NO. 97-1, ELIMINATING THE PROPOSED LINCOLN AVENUE BIKE LANE.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Carroll, Bowman, Keenan, Piercy and Jones
None
None
7
CITY COUNCIL MINUTES November 24, 1997
NEW BUSINESS:
REQUEST TO REMOVE A PARKWAY TREE AT 6841 REEFTON AVENUE: AS requested by the City
Manager, the Public Works Director summarized the staff report which advised that the
street tree at 6841 Reefton Avenue does not meet any of the criteria established by the
City Council for tree removals. Per the City Code, a resident may appeal the Public Works
Director's decision denying removal to the City Council. The tree is causing minor
sidewalk damage that can be repaired without tree removal.
Responding to Mayor Jones, the Public Works Director affirmed that there are not many
trees left on this street.
Councilmember Keenan commented that the curb could be ground down to make it level
irrespective of the decision. He suggested that the next time the sewer is rotor rooted,
obtain some verification from the homeowner, credit that toward tree removal and ask
for a replacement tree.
Councilmember Piercy asked if the City were offering to replace parkway trees, the Public
Works Director said that when the City removed a tree, an offer Is made to replace It, but
if the tree had been removed some time ago, offers have not been made.
Mayor Jones suggested this might be a subject for a future workshop session.
Councilmember Carroll said the City needed documentation along with a statement of
the facts. Mayor Jones concurred and asked that someone inspect the site to insure safe
conditions.
It was moved by Councilmember Keenan that if the applicant has documented proof of
roots in the sewer, that the tree removal be allowed with a replacement tree. The
motion died for lack of a second.
Councilmember Bowman cautioned that there is more than one tree in the yard or there
may have been other trees in the yard that caused root damage.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
deny the request to remove a parkway tree at 6841 Reefton Avenue. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercv and Jones
None
None
Councilmember Carroll suggested that the Tree Program be on a future agenda.
Councilmember Keenan recommended that it be agendlzed for the Council retreat.
PROPOSED AIRPORT ENVIRONS LAND USE PLAN (AELUP) AMENDMENT: The City Manager asked
the Community Development Director to present the staff report which provided an
update on a proposed Airport Environs Land Use Plan (AELUP) amendment and the action
that the City may want to take in opposition to this Amendment, which is scheduled for
consideration by the Airport Land USe Commission (ALUC). She noted the draft letter that
was given to the Council and will be explained as part of her presentation. The currently
proposed Land Use Plan Amendment Included the adoption of Overflight Zones which
would expand the land use authority of the Commission, could impose a requirement on
the City to amend our land use plans and could impose disclosure requirements on both
existing and future residential and business park uses within a large portion of the City
The cumulative results of this proposed Amendment could have a detrimental economic
impact on Cypress.
Responding to Councilmember Carroll, the City Attorney replied that there is inadequate
evidence in their administrative record to support the finding that their staff is
recommending to the ALUC board as the basis for the proposed amendment. There is no
technical or evidentiary data which would warrant this designation, at least in the staff
report as it presently exists.
The City Manager reported that there has been no unique analysis in identifying this
proposed overflight zone, which would give the Airport Land Use Commission increased
land use control decision making authority over all the airports within Orange County
and, with this particular proposal, may ease the requirements for increasing the number
of fixed wing flights into the Center.
8
CITY COUNCIL MINUTES November 24, 1997
Councilmember Keenan suggested finding out who the two current Councilmembers are
that are on the Committee and contact them.
Councilmember Bowman felt that it was Important that definitions of the Overflight
Zone (OZ) of the Clear Zone and the CNEL contours be available to the Council so they are
apprised of the limitations on properties that fall within those zones. It would
encompass parts of the City of Cypress, Anaheim, Buena Park, Stanton and Garden Grove.
The Board is appointed through the League of Cities and this is an issue that needs to be
followed.
It was moved by Councilmember Carroll and seconded by Councilmember Piercy to
authorize the following actions:
1. The City Attorney send a letter of opposition to the Commission voicing
opposition to this proposed Amendment.
2. Both the City Attorney and staff attend the Commission meeting to voice
opposition to this proposed Amendment.
The City Manager contact other City Managers to alert them to this proposed
Amendment and solicit their assistance in also opposing this proposed
Amendment.
The City manager contact Supervisor Silva to express our concerns over this
proposed Amendment.
o
City staff continue to work with representatives of Warland Investments and
Cypress Land.
6. Contact Councilmembers that are on the Board.
The Council be advised of the limitations on properties within each individual
zone.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
APPOINTMENT OF FINANCE REVIEW COMMITTEE, ALTERNATES TO THE SENIOR CITIZENS
COMMISSION AND CABLE TELEVISION AND TECHNOLOGY COMMISSIONER: Mayor Jones
announced that Jim Phillips, Debra Strom, Norma Stein, Louie Glampapa and Gary Prem
were selected for the Finance Review Committee. The Alternates to the Senior Citizens
Commission were Helen Olson, Nancy Hooven, William Fifield and Dr. Prakash Narain. Mr.
Jim Williams was appointed to the Cable Television Commission.
It was moved by Councilmember Bowman and seconded by Mayor Jones to appoint the
above-mentioned people to the respective Committees and Commissions. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
CONSIDERATION OF COMMERICAL WARRANT LIST FOR WARRANTS NO. 29253 - 29389: It was
moved by Councilmember Keenan and seconded by Councilmember Bowman to approve
the Warrant List for Warrants No. 29253 through 29389 in the amount of $1,157,798.50.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercv and Jones
None
None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Government Board of Directors. No items were presented.
CYPRESS DEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. Nothing was presented
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
CITY COUNCIL MINUTES November 24, 1997
Councilmember Carroll mentioned HR1534, which could bypass the City Councils on local
land uses and allow a developer to go directly to a Federal court after the first appeal.
Congressman Ed Royce's office has said that is a total misconception and it would go to
Federal court only if a constitutional matter is involved.
Councilmember Bowman thanked Elizabeth Munoz for her note and consideration.
WRITTEN COMMUNICATIONS: FOr Matters NOt on the Agenda. No items were presented.
ADJOURNMENT: Mayor Jones adjourned the meeting at 9:30 p.m. to 5:30 p.m., Monday,
December 8, 1997 in the Administrative Conference Room.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS