Minutes 96-02-12MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 12,1996
The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m. in the
Council Chamber, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding.
PRESENT:
ABSENT:
Councilmembers Carroll, Kerry and Bowman
Councilmembers Age and Jones
Also present were City Manager Darrell Essex, City Attorney John Cavanaugh and staff
members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker.
ORAL COMMUNICATIONS: FOr Matters on the 5:30 P.M. Agenda.
Mr. Patrick Hough, Media Services Technician, provided the Council with a presentation
on the upgraded City Council sound system.
COUNCILMEMBER JONES ARRIVED AT 5:37 P.M.
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.
Councilmember Jones asked that Item No. 1, City Council Minutes of January 22, 1996 be
pulled. Councilmember Kerry requested that Items No. 3, 10 and 14, Authorization to
Attend the Planners Institute, Approval of Specifications and Authorization to Advertise
Project for Installation of Security Lights and Review of City Contract for Custodial
Services, respectively, be removed. Councilmember Carroll desired to remove Item No.
8, Monthly Investment Program for December 1995. Mayor Bowman asked that Item No.
12, Installation of New Roof on the Council Chamber, be removed.
It was moved by Councilmember Kerry and seconded by Councilmember Jones to
approve the Consent Calendar Items No. I through 22, with the exception of Items No. 1,
3, 8, 10, 12 and 14. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
Item No. 2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item NO. 4: Consideration of Proclaiming March 3 - 9, 1996, as "Save Your Vision Week."
Recommendation: That the Mayor and City Council officially proclaim March 3 - 9, 1996,
as "Save Your vision Week" in the City of Cypress.
Item No. 5: Consideration of Resolution Commending Mr. Rick Gaede on Being Selected
as the 1996 Cypress College Americana Award Recipient from the City of Cypress.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending Mr. Rick Gaede on being selected as the 1996 Cypress College
Americana Award recipient from the City of Cypress.
RESOLUTION NO. 4589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MR. RICK
GAEDE ON BEING SELECTED AS THE 1996 CYPRESS COLLEGE AMERICANA AWARD
RECIPIENT FROM THE CITY OF CYPRESS.
Item No. 6: Consideration of Design Review Committee's Approval of DRC #95-57, #95-58
and Amendment to DRC #95-24.
CITY COUNCIL MINUTES February 12, 1996
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, approving DRC//95-57, //95-58 and Amendment to DRC//95-24 - with conditions.
RESOLUTION NO. 4590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-57 - WITH CONDITIONS.
RESOLUTION NO. 4591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-58 - WITH CONDITIONS.
RESOLUTION NO. 4592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 95-24 - WITH CONDITIONS.
Item NO. 7: Consideration of Contract Renewal for Professional Photographic Services.
Recommendation: That the City Council authorize staff to renew its contract with
Edward H. Spurgeon, D.B.A. Cypress Photo Art, 6179-B Ball ROad, Cypress, CA 90630, for
annual professional photographic services for the period of March 1, 1996 through
February 28, 1997, with no change to the existing contract rates, pursuant to his
proposal dated January 25, 1996.
Item NO. 9: Continuation of Proclaiming March 10-17, 1996, as "Jewish War Veterans of
the United States of America Week."
Recommendation: That the Mayor and City Council officially proclaim March 10-17, 1996,
as "Jewish War Veterans of the United States of America Week" in the City of Cypress.
Item NO 11: Consideration of Design Review Committee No. 96-2, Storage Building and
Maintenance Yard, Located at Los Alamitos Race Track, 4961 Katella Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit NO. 96-2, subject to the conditions
in Exhibit "A".
RESOLUTION NO. 4593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PROJECT NO. 96-2 - WITH CONDITIONS.
Item NO. 13: Consideration of Request for the Installation of Flashing Beacons at the
Intersection of Denni Street and Via Majorca (adjacent to Landell School).
Recommendation: That the City Council: 1) Concur with the Traffic Commission's
recommendation for the Installation of Flashing Beacons at the Intersection of Denni
Street and Via Majorca, adjacent to Landell School; 2) Direct staff to prepare the
necessary Plans and Specifications for the flashing beacon installation this fiscal year;
and 3) Appropriate $21,000.00 from the unreserved fund balance of the General Fund to
ACCOUnt NO. 4187-11-495-22 for this project.
Item No. 15: Consideration of Approval of the Specifications and Authorization to
Advertise the Project for Bid for the Asphalt Concrete Overlay of Cerritos Avenue, Public
Works Project No. 9577.
Recommendation: That the City Council approve the specifications and authorize staff
to advertise the project for bid for Asphalt Concrete Overlay of Cerritos Avenue, Public
Works Project No. 9577.
Item NO. 16: Consideration of Personnel File Records Purge.
Recommendation: That the City Council authorize the destruction of the previously
named Police Department's personnel records in accordance with Government Code
Section 34090 and City Council Resolution No. 2338, dated February 9, 1981.
CITY COUNCIL MINUTES February 12, 1996
Item No. 17: Continuation of Consideration of Acceptance of Project for the Installation
of an Energy Services Package.
Recommendation: That the City Council: 1) ACCept the construction of energy saving
equipment to HVAC and lighting systems at the Civic Center, Community Center, Senior
Center, and City Yard; 2) Approve the final retention payment to Landis & Gyr Powers,
Inc., 10855 Business Center Drive, Suite C, Cypress, CA 90630; and 3) Authorize the City
Clerk to release the Labor and Materials Bond upon expiration of the required lien
period, if no claim or objections have been filed, and to release the Faithful
Performance Bond upon the expiration of one ¥ear's guarantee upon the concurrence
of the Director of Public Works.
Item No. 18: Consideration of Auditor's Management Letter.
Recommendation: Receive and file.
Item NO. 19: Consideration of Design Review Committee Permit No. 96-5, Installation of
Screening Trees Behind Target, 6847-6947 Katella Avenue.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit No. 96-5, subject to the conditions
in Exhibit "A".
RESOLUTION 4594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 96-5 - WITH CONDITIONS.
Item No. 20: Consideration of Personnel File Destruction.
Recommendation: That the City Council authorize the destruction of the attached
listing of termination files of former employees and recruitment files in accordance
with Government Code Section 34090 and City Council Resolutions 3590, dated June 26,
1989 and 3327, dated December 14, 1987 and amended June 26, 1989.
Item NO. 21: Continuation of Consideration of Design Review Committee Permit No. 95-
42, TWO Speculative Office/Warehouse buildings, 10700 Valley View Street & 6100 Gateway
Drive.
Recommendation: That the City Council continue this matter to the City Council
meeting of April 22, 1996.
Recreation & Park District Matters:
Item No. 22: Consideration of the Component Unit Financial Report of the Cypress
Recreation and Park District for the Period Ended June 30, 1995.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file said report.
Regarding Item NO. 1, Motion tO Approve City Council Minutes of January 22, 1996 and
January 23, 1996, Councilmember Jones referred to the Minutes of January 22, 1996,
page 6, fourth paragraph, last sentence, the numeral "15" should be changed to "11."
Councilmember Carroll referred to page 10 of those same Minutes and comments made
by Councilmember Kerry. He asked that the minutes capture what Councilmember
Kerry did say and he quoted, "Employees do exactly what they are told. They rubber
stamp whatever comes through .... "He would like to see that statement in the minutes.
He felt it was very harsh and improper and an insult to the staff. Councilmember Kerry
advised that "They rubber stamp what Councilmembers submit .... "Mayor Bowman
asked if that is what was said. The City Manager suggested that the wording be taken
from the tape. Mayor Bowman requested that the statement be transcribed from the
tape. It was moved by Councilmember Carroll and seconded by Councilmember Jones
to approve the Minutes of January 22, 1996, as amended, and the Minutes of the
Adjourned Regular Meeting of January 23, 1996. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
3
CITY COUNCIL MINUTES
February 12, 1996
With regard to Item No. 3, Consideration of Authorization to Attend the Planners
Institute Sponsored by the League of California Cities, Councilmember Kerry said the
conference sounded interesting, it was close so it wasn't necessary to stay overnight in
Long Beach. It was moved by Councilmember Kerry and seconded by Councilmember
Jones to authorize the attendance of any interested Council Members to the League of
California Cities' Planners Institute, scheduled for March 20-22, 1996, in Long Beach, and
be reimbursed for all actual and necessary expenses incurred. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
In regard to Item No. 8, Consideration of Monthly Investment Program for the Month of
December 1995, Councilmember Carroll asked why there were no payments for the
refuse containers. The Finance Director explained that the payments are made every six
months and appear in February/March and AugustJSeptember warrants. Councilmember
Carroll also asked if the commercial paper under investments were from a prescribed
list. The Finance Director responded that the City considers the approved ratings that
the State allows cities to invest in. Councilmember Jones asked if the information to
review the investment policy would be given to Council this month. The Finance
Director replied that information would be available the second meeting in February. It
was moved by Councilmember Jones and seconded by Councilmember Kerry to receive
and file. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Age
With regard to Item No. 10, Consideration of Approval of the Specifications and
Authorization to Advertise the Project for Bid for the Installation of Security Lights at
Various Parks, Public Works Project No. 9534, Councilmember Kerry requested an
explanation of the two account amounts. The Public Works Director said that it was
originally budgeted as two separate projects, but the security lights and Community
Center parking lot are being bid as one project, with a savings in both accounts. it was
moved by Councilmember Kerry and seconded by Councilmember Jones to approve the
specifications and authorize staff to advertise the project for bid for the installation of
Security Lights at Various Parks, Public Works Project NO. 9534. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
Regarding Item No. 12, Consideration of Acceptance of Project for Installation of New
Roof at Council Chamber, Public Works Project No. 9591, Mayor Bowman asked if the
roof was only guaranteed for one year. The Public Works Director replied that the one
year guarantee was for the labor and a materials guarantee for 20 years. It was moved
by Councilmember Kerry and seconded by Councilmember Carroll that the City Council:
1) Accept the Installation of New Roof at Council Chamber Contract, Public Works Project
No. 9519, as being satisfactorily completed in conformance with the project
specifications; 2) Approve the final retention payment to BeSt ROOfing Company, 1656
Plaza Del Arno, Torrance, CA 90501, 35 days after the Notice of Completion is 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 one year guarantee period. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
With reference to Item NO. 14, Consideration of Review of City Contract for Custodial
Services, Councilmember Kerry asked the status of the contract. The Public Works
Director advised that they had experienced some problems and are addressing those
issues. If the problems are constantly repeated, more staff time may be required. The
City Manager said that if it costs the City more in dealing with the new janitorial service,
staff will recommend a change. It was moved by Councilmember Jones and seconded
CITY COUNCIL MINUTES
February 12, 1996
bv Councilmember Kerry to receive and file the report. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
CLOSED SESSION: Mayor Bowman recessed the meeting at 5:55 p.m. to enable the Council
to enter into Closed Session to discuss those agendized matters of: Conference with
Labor Negotiator (Government Code Section 54957.6) on Public Safety Employees and
Public Works Maintenance Supervisors Associations; Conference with Legal Counsel on
one Anticipated Litigation Case (Government Code Section 54956.9(b) and a Liability
Claims (Government Code 54956.95) E. Santana vs. City of Cypress. The meeting
reconvened at 7:35 p.m. with all Councilmembers present, except Councilmember Age.
Also present were the City Manager, City Attorney and staff members Bacock,
Christoffels, DeCarlo, Kelly, Storey and Wicker.
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Carroll.
The City Manager summarized the actions taken by the City Council during the 5:30 p.m.
portion of the Council meeting.
The City Attorney reviewed discussions held by the City Council during Closed Session on
Negotiations with the Public Safety Employees and Public Works Maintenance
Supervisors Associations, a Liability Claim filed by Eddie Santana and an Anticipated
Litigation matter in which the Council gave the City Attorney direction.
ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:30 P.M. Agenda.
Mr. Bob Sundwall, 5486 Vista Sierra, cypress, asked the Council to consider the Wicker
Drive property for a fire station. He commended the Council on the fine job they were
doing for the City of Cypress.
PUBLIC HEARINGS:
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-20
FOR A PLAYLAND AND VARIANCE NO. 95-14 FOR THE ENCROACHMENT OF A PLAYLAND AT
BURGER KING, 10591 KNOTT AVENUE. Mayor Bowman opened the public hearing. The City
Manager asked the Community Development Director to present the staff report dated
January 17, 1996, which represented a request for the approval of an existing playland
at Burger King FaSt Food Restaurant located at 10501 Knott Avenue. In accordance with
the California Environmental Quality Act, a Categorical Exemption will be filed for this
project. The subject property is an existing drive-thru restaurant approved under
Conditional Use Permit NO. 94-20 with a Playland in the front setback area of the site.
Council had adopted a policy at the July 10, 1995 Council meeting requiring all Playlands
to be processed under a conditional use permit. During Plan check submittal, Burger
King included the installation of the 400 square foot Playland with their revised plans
without informing the Community Development Department of this addition. The
situation was further complicated by the Playland being constructed in the front
setback area of the site, creating the need for a variance. Notices of the Public Hearing
were mailed to all property owners within a 300 foot radius. To date, staff has not
received written or oral comments.
Mr. Harshad Patel, 12730 La Mirada Blvd., La Mirada, stated that the wall existed when he
bought the property. He provided pictures of the wall and playground to the Council.
He said he was unaware that a conditional use permit was needed for the Playland
because each City has its own requirements. He had no objections to getting a
conditional use permit for the Playland.
Mayor Bowman asked if anyone wished to speak in support of or in opposition to the
application. NO one Spoke.
Councilmember Jones asked for and received clarification on the encroachment issue
from the Public Works Director.
Councilmember Carroll asked that the applicant provide 1,000 Whoppers or certificates
to the Cypress Boys and Girls Club and the applicant concurred. Councilmember Carroll
moved and Councilmember Jones seconded the motion to direct staff to file a
Categorical Exemption and adopt the Resolutions by title only, title as follows, approving
CITY COUNCIL MINUTES
February 12, 1996
the Amendment to Conditional Use Permit No. 94-20, subject to conditions, and Variance
No. 95-14. Councilmember Carroll's motion included a condition to supply the
Whoppers. The City Attorney asked the applicant if he wished to agree to that
condition. The applicant agreed to provide 1,000 certificates to the Cypress BOys and
Girls Club. The City Attorney clarified that would not be a condition of approval but an
acceptance by the applicant in a good faith gesture.
RESOLUTION NO. 4595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-20 - WITH CONDITIONS.
RESOLUTION NO. 4596
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE
CONSTRUCTION OF A PLAYLAND AT ZERO LOT LINE AND THE ENCROACHMENT OF TWO
FEET (2') INTO THE PUBLIC RIGHT-OF-WAY - VARIANCE NO. 95-14.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-24, EXPANSION OF
ACTION ALIGNMENT AND BRAKE, 9052 WALKER STREET: The public hearing was opened by
Mayor Bowman. He referred to the staff report dated February 7, 1996, which
requested a continuance.
It was moved by Councilmember Jones and seconded by Councilmember Kerry to
continue this item to the City Council meeting of February 26, 1996. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
CONTINUATION OF CONSIDERATION OF RESOLUTION REGARDING POSTING OF POLITICAL SIGNS:
The City Manager requested the City Attorney to summarize his report, dated February
8, 1996, which is before the Council pursuant to the direction given by the Council at
their December 11, 1995 meeting. The proposed ordinance would establish regulations
for the placement and removal of political signs. Upon review and examination of the
City's current regulations and court decisions, it was determined that the Code of the
City of Cypress, as well as any accompanying resolutions, do not adequately address the
placement of noncommercial signs on private and public property. Council had
expressed concern with the proliferation of political signs during the November 1994
and November 1995 elections and with the City's ability to enforce the illegal placement
of political signs on the public right-of-way and on private property. He listed the issues
that the ordinance would address and recommended that the Council review and
provide the City Attorney with any additional suggestions or revisions.
Councilmember Jones said she had expressed concern about the cost and enforcement
and referred to 15.9-1(d) and 15.10 of the proposed ordinance. She did not feel that
political signs were that much of an issue in the community.
Councilmember Carroll expressed his appreciation to the City Attorney, but the purpose
of the amended ordinance was mean-spirited and he had opposed any amendment
initially. He did not support it in any way, shape or form now and he provided his
objections. He asked how much it cost the City to have the amendment written
because it was a complete waste of Councilmembers' time.
Councilmember Kerry voiced her concern about some of the portions of the proposed
ordinance regarding permission and filing requirements to be made with the City. She
believed the issue was the placement on public property, private property should not
be an issue and not included. However, some sort of recovery cost should be
considered.
6
CITY COUNCIL MINUTES February 12, 1996
Councilmember Jones' inquired about the constitutional challenge on requiring a bond.
The City Attorney advised that political signage cannot be enforced and then allow
other signage on private or public property; the ordinance would have to be enforced
in totality. It is unconstitutional to impose a bond or any type of payment on an
individual who wants to post a political sign; and costs for the removal/disposition of
signs cannot exceed the actual service being performed to remove the signs from
public property.
Regarding the public safety issue, Councilmember Carroll commented that the Police
Department now has the right to remove anything that is a public hazard and he would
opt for 45 days rather than 90 days for the erection of noncommercial political signs.
Mayor Bowman asked if there was a consensus to change "90 days" to "45 days" in
paragraph 15.9-1(f). Councilmember Kerry concurred.
Mayor Bowman asked if the sign dimensions in Sections 15.9-1(d)and 15.9-1(e)would
follow the dimensions already outlined in the City Code. The City Attorney replied in
the affirmative. Regarding Section 15.9.2, the City Attorney advised that this paragraph
recites the current resolution.
Councilmember Jones asked to address Section 15.10 expressing the concern that
political signs would appear before the Council more than any other type of sign.
Mayor Bowman agreed and he suggested a fee arrangement. The City Attorney said
that if the Council is not interested in recovering the cost of confiscating political signs,
then the language in 15.10 is not needed. If cost recovery is desired, some type of
safeguard is needed which allows the City and the owners of the political signs due
process as to whether they should be charged.
After additional discussion, Councilmember Carroll moved to categorically reject the
draft ordinance. The motion died for lack of a second. Councilmember Jones felt that
the proposed ordinance should be used to clarify the City Code. The City Attorney
advised that in Section 15-10, only the first sentence remain and the rest of the
paragraph deleted. Language will be added that the sign owner has the right to pick up
the sign within 30 days. Councilmember Jones clarified that Section 15.9-1(d) will be
eliminated in its entirety and in Section 15.9-1(f), 90 days will be changed to 45 days.
It was moved by Councilmember Jones and seconded by Mayor Bowman to set a public
hearing for the first reading of the ordinance, as amended. Councilmember Kerry
brought up the calls from citizens asking who is going to pay for staff time when they
pick up signs and that has not been resolved. There is no reason that fees can't be set
with an appeal process to the Council.
Mrs. Paula English, 5975 Suva Street, Cypress, agreed with Councilmember Carroll in that
this issue should never have been brought up. She mentioned the problems
encountered with the confiscation of her signs during the recent election. She believed
that a lot of people would prefer not to have this issue discussed.
Mr. Don Wesling, 11431 Anegada Street, Cypress, stated that he believed that political
signs should be allowed in the public right-of-way as long as it is not a hazard.
Mr. Dwayne Sharpe, no address given, Cypress, commented that he was upset with the
excessive number of political signs posted during the last election and he suggested a
fee base of a dollar per item.
The motion failed with the following roll call vote:
AYES~
NOES:
ABSENT:
2 COUNCILMEMBERS: Jones and Bowman
2 COUNCILMEMBERS: Carroll and Kerry
I COUNCILMEMBERS: Age
Mayor Bowman stated that this item will be discussed further at the next meeting.
CONSIDERATION OF CYPRESS POLICE DEPARTMENT'S VOLUNTEER PROGRAM: AS stated in the
staff report of January 31, 1996, Councilmember Carroll had requested that Police Chief
Daryl Wicker be granted the opportunity to make an oral presentation regarding the
Cypress Police Department's Volunteer Program.
The Police Chief advised that the Police Department has had a volunteer program in
place for almost 13 years, beginning with the utilization of retired citizens. The
volunteers have been utilized in any number of departments from patrol to crime labor,
CITY COUNCIL MINUTES February 12, 1996
community relations, crime prevention, photo lab and vehicle maintenance. Currently,
there is a recruitment effort being made for four volunteers and he encouraged anyone
interested in volunteering to contact Officer Scott Foster or Sgt. John Avila in the Police
Department.
It was moved by Councilmember Carroll and seconded by Councilmember Jones to
receive and file the report. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
CONSIDERATION OF COMMUNICATION FROM CITIZENS FOR JOBS & THE ECONOMY RELATING TO
OPPOSITION OF MEASURE S - REPEALING THE MCAS EL TORO INITIATIVE: The City Manager
advised that this item had been placed on the agenda at the request of Councilmember
Jones. Attached to the staff report dated February 6, 1996 was a copy of the
communication and draft Resolution received from the Citizens for Jobs & the Economy.
Councilmember Jones said she felt that Measure S would undo all the work that Measure
A, which the voters had approved, had accomplished. She requested that the City
Council support opposition to Measure S because of the importance of a major regional
airport in Orange County and the economic growth it will provide over a long period of
time. It is a unique opportunity to plan for the future.
Councilmember Carroll stated his support in opposition to Measure S because it would
unravel Measure A, which was passed by the voters of Orange County. At this time,
there is no international airport in Orange County and it is very important economically.
Councilmember Kerry commented that a committee was formed, spent many hours
studying the airport situation and concluded that an airport was desperately needed in
Orange County. It is a County issue, not a local area issue and more space is needed.
There is an opportunity with El Toro that should not be lost. However, she felt that
each Councilmember's personal opinion should be given, but the Council shouldn't
support a resolution in opposition.
Mayor Bowman said that the Council leads the community and they should take a stand.
It is an ideal site for an international airport and it is imperative that the construction of
a commercial-type airport be pursued.
It was moved by Councilmember Jones and seconded by Councilmember Carroll to
adopt the Resolution by title only, title as follows, opposing Measure S on the March 26,
1996 ballot.
RESOLUTION NO. 4597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING MEASURE S
ON THE MARCH 26, 1996 STATEWIDE PRIMARY BALLOT.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Age
CONSIDERATION OF COUNTYWIDE 800 MHZ POLICE AND PUBLIC WORKS RADIO SYSTEM: The
City Manager presented the staff report dated February 5, 1996, advising that changes
have been made to the joint agreement for the acquisition, implementation and
operation of the Countywide 800 MHz Coordinated Communications System. The most
recent changes to the agreement are incorporated into the document dated January
30, 1996. The system is needed, it is important for the public safety concerns and
Cypress has funded project over the years to make the payments.
The Police Chief noted that the City's participation in the formation of a "Joint Powers
Authority" was approved in May of 1995. While the Joint Powers agreement was, at the
time, viewed as most favorable for radio system users in the face of the Orange County
bankruptcy, it is now deemed feasible to acquire, implement and operate the system by
virtue of agreement between all parties and forego the costs associated with the
establishment and operation of a Joint Powers Authority. The report sought Council
CITY COUNCIL MINUTES February 12, 1996
action to rescind the previous action of May 22, 1995 and to authorize Mayoral signature
to a Joint Agreement for the Implementation and Operation of the Orange County 800
IVIHz Countywide Coordinated Communications System.
Responding to Councilmember Carroll, the City Attorney advised that he had reviewed
the agreement thoroughly and had made various changes and modifications, which
were incorporated into the final agreement. The City Manager advised that the Fire
Authority, of which the City is a member, will also participate in the system.
It was moved by Councilmember Jones and seconded by Councilmember Kerry that the
City Council:
Rescind its May 22, 1995, action of Agreement in Principal and stated NOtice of
Intent to Participate in 800 MHz Radio System Joint Powers Authority, and
o
Authorize Mayoral signing of the Joint Agreement for the Implementation and
Operation of the 800 MHz Radio System.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
CONSIDERATION OF ORDINANCES OF THE CITY COUNCIL ADOPTING VARIOUS BUILDING CODES
AND CERTAIN AMENDMENTS THERETO: The City Manager asked the Community
Development Director to review the staff report dated February 1, 1996, which
requested the scheduling of a public hearing for the adoption of the 1994 California
state Building Codes. The codes had been adopted through urgency ordinances on
November 13, 1995; however, it is necessary for the Council to adopt the identical
ordinances through the standard adoption process required under state law so they
may be a permanent part of the Code of the City of Cypress.
Councilmember Kerry believed that the issue of reroofing should be addressed by
Council. People are reroofing with lower priced material, which does not have the same
appearance as the original roof and it should be addressed through an ordinance. She
asked that it be placed on the Agenda in March.
The Community Development Director advised that they do not have reroofing as a
specific policy direction at this time.
Mayor Bowman asked how a requirement would be enforced, such as strapping of a
water heater. The Build)ng Official explained that it was not a retroactive law and would
be checked and enforced when new water heaters are installed.
Councilmember Jones asked Deputy Fire Marshall Patrick Mcintosh about the vehicle
access gates or barriers installed across streets. He advised that the guidelines for
emergency access have been revised regarding setbacks from the street and he will
provide those recommended guidelines to the Council prior to the public hearing.
It was moved by Councilmember Jones and seconded by Councilmember Kerry to
schedule a public hearing for February 26, 1996 for the first reading of the four
ordinances. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Age
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 19118 - 19407: It was
moved by Councilmember Jones and seconded by Councilmember Kerry to approve the
Warrant Lists for warrants No. 19118 through 19407 in the amount of $1,171,303.93. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Age
CITY COUNCIL MINUTES February 12, 1996
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mayor Bowman announced that the D.A.R.E. program for the elementary schools was
completed last week. A very good program again this year with lots of enthusiasm.
Councilmember Jones asked that the Council hold a workshop at the end of this
calendar year to establish a set of priorities to give some direction to the new City
Manager.
Mayor Bowman said he attended the dedication of the Zion Central Presbyterian Church.
He received a plaque and a picture donated to the City by the Church.
The City Manager reminded the Council to adjourn to 5:00 p.m., February 26, 1996 for a
workshop on a review of consultants and the cost.
WRITTEN COMMUNICATIONS: For Matters NOt on the Agenda. No one spoke.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:15 p.m. to February 26, 1996
at 5:00 p.m. in the Administrative Conference ROom.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE Cll~( OF CYPRESS
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