Minutes 91-01-14
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MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
January 14, 1990
A Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday,
January 14, 1991, in the Administrative Conference Room, Cypress City Hall, 5275
Orange Avenue, Cypress, Mayor Walter Bowman presiding.
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin & Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson
and Finance Director Richard Storey.
WORKSHOP SESSION: A workshop session was conducted by Mr. Doug Ayres, Chairman
of Management Services Institute (MSI) and Heidi Peterson, MSI Project Manager, who
reviewed and explained their report, Cost Control System for the City of Cypress, which
isolated tax revenues and fees and service charges as they relate to cost. It was the
consensus of the Council that further study and review needed to be conducted on this
issue.
RECESS: Mayor Bowman recessed the meeting at 5:52 p.m. to enable the Council to
reconvene in the Council Chambers. The meeting was called to order at 5:52 p.m. with all
Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City
Attorney Jerry Patterson and staff members Bacock, Palmer, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
CONSIDERATION OF AUTHORIZATION TO RELEASE "LETTER OF INTENT" FOR
FISCAL YEAR 1991/92 POLICE PURSUIT VEHICLE PURCHASE: The Finance
Director presented the staff report dated December 18, 1990, which indicated that ten
black and white Police pursuit vehicles will have to be replaced during the 1991/92
budget year. The Police Department has requested the Purchasing Officer to release a
"Letter of Intent" to purchase those pursuit vehicles after July 1, 1991 and this action will ,
guarantee availability of the units at the Los Angeles Sheriff's Department discounted
cost structure.
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It was moved by Councilmember Partin and seconded by Councilmember Age to authorize
the Purchasing Officer to release a Letter of Intent to Maurice J. Sopp and Son Chevrolet,
5801 Pacific Blvd., Huntington Park, CA 90255, to purchase ten Police pursuit vehicles
under the Los Angeles County Sheriff's Department contract after July 1, 1991. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF A NL-W
LIGHTING SYSTEM IN THE CYPRESS COMMUNITY CENTER, PUBLIC WORKS
PROJECT NO. 9023: The City Manager presented the staff report dated January 3, 1991,
which stated that eight bids were received for the installation of a new lighting system in
the Cypress Community Center.
It was moved by Councilmember Partin and seconded by Councilmember Kerry that the
City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District 1) determine the lowest responsible bidder for Public Works
Project No. 9023 to be Dobbe Electric, Inc.; and 2) award a contract for the installation of
a lighting system in the Cypress Community Center to Dobbe Electric, Inc., 15750 Arminta
Street, Van Nuys, CA 91406 in the amount of $15,332.56. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF OFFICE WORK STATION FOR THE RECORDS AND
COMMUNICATIONS SUPERVISORS: The staff report dated December 27, 1990 was
presented by the Police Chief indicating a need to better utilize available space to
accommodate both the Records and Communications Supervisors. California Business
Interiors developed a viable office design whereby both supervisors could share the same
office space by adding a series of service modules and wall mounted file cabinets.
CITY COUNCIL MINUTES January 14, 1991
Projected costs for the previously proposed Capital Improvement budgeted for office
remodeling was $14,714.00 vs. $4,156.08 for the office work stations resulting in a net
saving to the City of $10,557.92.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
dispense with formal bidding pursuant to City Code Section 21A-8 and award the contract
to California Business Interiors, Inc. in the amount of $4,156.08 for the purchase of the
office work station for the Records and Communications Supervisors' office and transfer
$4,200.00 from account 4186-11-457-24 to account 4324-90-657-36. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF RETENTION OF PROFESSIONAL STAFF SERVICES: The City
Manager presented the staff report dated December 28, 1990, which requested temporary
support services to assist in the day-to-day handling of the Public Works Engineering
Division. Three proposals were received to provide services for a minimum of 16 hours
per week and to continue the services until the recruitment process for a Director of
Public Works/City Engineer is completed.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the retention of Les Evans & Associates, 419 Main Street, Suite 89, Huntington Beach, CA
92648, for professional engineering support services, to be provided at 16 hours per week
through March 29, 1991, at an hourly rate of $90.00. The services may be terminated at
any time as determined necessary by the Interim Director of Public Works. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR A TRAFFIC STUDY OF THE
PROPOSED TEXACO SERVICE STATION LOCATED AT THE SOUTHEAST CORNER
OF VALLEY VIEW STREET AND CERRITOS AVENUE: The City Manager called upon
the Assistant Planner, Kori Palmer, to present the staff report dated January 4, 1991,
which indicated that Council had requested that a traffic study be compiled for the
proposed Texaco service station rebuild/expansion to be located at 6000 Cerritos Avenue.
Proposals were received from four traffic consulting firms outlining their approach to the
project, their experience and the estimated time necessary to accomplish the tasks listed in
their scope of work. Staff considered the proposal submitted by Associated
Transportation Engineers; however, it was determined that there was a conflict of interest
since the firm is currently preparing the street improvement plans for the proposed
Texaco project.
Councilmember Kerry expressed that it appeared that the study did not include projected
traffic situations.
After discussion, it was moved by Councilmember Age and seconded by Councilmember
Partin to: 1) approve the award of contract to Robert Kahn, John Kain and Associates,
Inc. for the services detailed in their proposal contingent on the inclusion of information
comparing their study with the projected future traffic impact from the Cypress Business
Park; and 2) approve the issuance of a purchase order to Robert Kahn, John Kain &
Associates, Inc., 4101 Birch Street, Suite 100, Newport Beach, CA 92660 in the amount of
$4,000 to perform the services outlined in the attached scope of work subject to the
receipt of the full amount from Texaco for said work prior to authorization to proceed.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR D.A.R.E. T-SHIRTS: Police Chief
Wicker presented the staff report dated January 7, 1991, indicating that three bids were
received from vendors to provide "D.A.R.E." T-shirts, which are given to graduating sixth
grade students.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson to
authorize the purchase of 1,000 D.A.R.E. T-shirts in the amount of $4,187.00 ($3,950 plus
$237 tax) from account number 4104-11-174-OS from Olympic Creations, 522 East
Lambert, Brea, CA 92621. The motion unanimously carried by the following roll call
vote:
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~ CITY COUNCIL MINUTES January 14, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Kerry requested that Item No. 25, Consideration of Status Report
Regarding Outdoor Recreational Activities at Grace Community Church, 4421 Cerritos
Avenue be held for further discussion. The City Manager asked that Item No. 29,
Consideration of Approval of Contract Change Order No. 1, Demolition and Clearance of
Wicker Drive Properties, Public Works Project No. 8966 be removed.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the Consent Calendar Items No. 7 through 35 with the exception of Items No. 25 and 29.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 7: Consideration of Approval of City Council Minutes of December 10, 1990 and
December 26, 1990.
Recommendation: That the City Council approve the Minutes of December 10, 1990 and
December 26, 1990, as submitted.
Item No. 8: Motion to Introduce and/or Adopt All Ordinances Presented For
Consideration by Title Only and to Waive Further Reading.
Item No. 9: Consideration of Proclaiming February 17-24, 1991 as "Medical Assistants
Week".
Recommendation: That the Mayor and City Council officially proclaim the week of
February 17-24, 1991 as "Medical Assistants Week" in the City of Cypress.
Item No. 10: Consideration of Monthly Investment Program for the Month of November
1990.
Recommendation: Receive and file.
Item No. 11: Consideration of an Application for an Original Alcoholic Beverage License
Filed by Rizig Zanayed, D.B.A. D.J.'s Mini Mart & Deli (formerly Liquor Emporium) 9175
Valley View Street, Cypress.
Recommendation: Receive and file.
Item No. 12: Consideration of City Council's Attendance at the League of California
Cities' Mayors and Council Members Institute.
Recommendation: That the City Council authorize the attendance of any interested
Council Member to the Mayors and Council Members Institute sponsored by tl~e League of
California Cities to be held on January 23-25, 1991, in San Jose, CA and be reimbursed
for all actual and necessary expenses incurred.
Item No. 13: Consideration of an Application for an Alcoholic Beverage License Transfer
Filed by Jesus & Myrna G. Ochoa, D.B.A. Express Stop Market, 9111 Valley View Street,
#115, Cypress.
Recommendation: Receive and file.
Item No. 14: Consideration of the City Manager's Attendance at the League of California
Cities' City Managers Department Annual Meeting.
Recommendation: That the City Council authorize the City Manager to attend the City
Managers Department Annual Meeting sponsored by the League of California Cities to be
held in Monterey, CA, on February 6-8, 1991, and be reimbursed for all actual and
necessary expenses incurred.
Item No. 15: Consideration of Adoption of Resolution Commending Former Council
Member John Kanel.
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CITY COUNCIL MINUTES January 14, 1991 1
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, commending former Council Member John Kanel.
RESOLUTION NO. 3870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MR. JOHN KANEL FOR HIS 20 YEARS OF SERVICE ON THE
CYPRESS CITY COUNCIL.
Item No. 16: Consideration of an Application for an Alcoholic Beverage License Transfer
Filed by Carlos, Daniel & Jose Luis Pudilo, D.B.A. DeAngelos Char Burgers, 9935 Walker
Street, Cypress.
Recommendation: Receive and file.
Item No. 17: Consideration of Purchase of a Table at the Cypress College 1991 Americana
Awards Dinner.
Recommendation: That the City Council authorize the purchase of a table of 10, at
$125/person, for the Cypress College Americana Awards Dinner event.
Item No. 18: Consideration of Design Review Committee's Approval of DRC #90-38.
Recommendation: Receive and file.
Item No. 19: 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.
Item No. 20: Consideration of Promotional Employment List -Business Tax Collector.
Recommendation: That the City Council certify the Promotional Employment List for the
position of Business Tax Collector as submitted.
Item No. 21: Consideration of Acceptance of Installation of Street Striping and Pavement
Markers on Various City Streets, Public Works Project No. 9009.
Recommendation: That the City Council: 1) Accept the Installation of Street Striping and
Pavement Markers on Various City Streets, Public Works Project No. 9009, as being
satisfactorily completed; 2) Approve payment to Arrow Straight Marking and Striping
Service, 3084 Strasbourg Drive, Riverside, CA 92504; and 3) Authorize the City Clerk to
release the Labor and Materials Bond upon expiration of the required lien period,
providing no liens have been filed, and to release the Faithful Performance Bond upon
expiration of the one year guarantee, providing no defects in material and workmanship
become evident.
Item No. 22: Consideration of Acceptance of Street Maintenance Slurry Seal on Various
Streets in the City of Cypress, City of Cypress Project No. 8948.
Recommendation: That the City Council: 1) Accept the Street Maintenance Slurry Seal on
Various City Streets, City of Cypress Project No. 8948, as being satisfactorily completed
in accordance with the Plans and Specifications; 2) Approve payment to Pavement
Coatings Co., P. O. Box 1491, Cypress, CA 90630, of the contract price of $87,055.11; and 3)
Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the
required lien period, providing no liens have been filed, and to release the Faithful
Performance Bond upon expiration of one year's guarantee, providing no defects in
material or workmanship become evident.
Item No. 23: Consideration of Design Review Committee No. 90-36, Holy Cross Lutheran
Church, Replacement and Relocation of Existing Monument Sign, 4321 Cerritos Avenue.
Recommendation: Receive and file.
Item No. 24: Consideration of Appropriation of Funds for Construction of Wheelchair
Ramps, Public Works Project No. 9006.
Recommendation: That the City Council appropriate $50,506.00 from the unappropriated
fund balance of the General Fund into Account No. 4186-11-410-21 to cover the cost of
Construction of Wheelchair Ramps, Public Works Project No. 9006.
Item No. 26: Consideration of Approval of the 16th Year Community Development Block
Grant (CDBG) Contract Regarding Public Facilities and Improvements, Watson Street.
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CITY COUNCIL MINUTES January 14, 1991
Recommendation: That the City Council approve Contract No. C40911 and authorize the
Mayor to sign the agreement on behalf of the City Council of the City of Cypress.
Item No. 27: Consideration of Approval of the 16th Year Community Development Block
Grant (CDBG) Contract Regarding Public Facilities and Improvements -Senior Center.
Recommendation: That the City Council approve Contract No. C40912 and authorize the
Mayor to sign the agreement on behalf of the City Council of the City of Cypress.
Item No. 28: Consideration of Approval of the 16th Year Community Development Block
Grant (CDBG) Contract Regarding Rehabilitation of Private Properties.
Recommendation: That the City Council approve Contract No. C40983 and authorize the
Mayor to sign the agreement on behalf of the City Council of the City of Cypress.
Item No. 30: Consideration of Attendance of the Assistant City Manager and Risk
Manager to the Public Agency Risk Managers Association (PARMA) Annual Conference.
Recommendation: That the City Council authorize the attendance of David Barrett,
Assistant City Manager, and Lauren Ferrell, Risk Manager, to the Public Agency Risk
Managers Association (PARMA) Annual Conference to be held in Palm Springs, CA, on
February 6-8, 1991, and be reimbursed for all actual and necessary expenses incurred.
Item No. 31: Consideration of Design Review Committee's Approval of DRC #90-37.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item No. 32: Consideration of Donation of Funds Received From Cypress Sunshine Club,
Inc.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District: 1) formally accept the donation in
the amount of $27.50 from the Cypress Sunshine Club, Inc., and appropriate $27.50 from
the Cypress Recreation and Park District General Fund Balance to Account 4187-12-317-
10 for the use in the repair of the organ at the Cypress Senior Citizens Center.
Item No. 33: Consideration of Donation of Funds Received From Hilbert and Associates,
Inc., a Health Charity Fund.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, formally accept the donation in
the amount of $600.00 from the participants in the Hilbert and Associates, Inc., Health
Charity Fund and appropriate $600.00 from the Cypress Recreation and Park District
General Fund Balance to Account 4104-317-10 for the purchase of equipment and other
services benefiting the Home Meals Program.
Item No. 34: Consideration of New Special Activity Classes for Spring 1991 Session.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, approve the new classes listed in
the report as recommended by the Cypress Recreation and Community Services
Commission.
Item No. 35: Consideration of Lease Agreement for Parking Area -Swain Property.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, authorize the Mayor to sign the
"Amendment to Parking Area Lease" between Christine Swain and the Cypress Recreation
and Park District.
END OF CONSENT CALENDAR
Regarding the Status of Outdoor Recreational Activities at Grace Community Church, the
City Manager stated that staff thought the problem had been resolved after a letter was
sent to them from the City Manager asking them to curtail the recreational activities in
the parking lot; however, the activity has continued and a hearing has been scheduled for
January 28, 1991.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to receive
and file. The motion unanimously carried by the following roll call vote:
AYES: S COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES January 14, 1991
In regard to the Contract Change Order on the Demolition and Clearance of Wicker Drive
Properties, the City Manager advised that the recommendation should reflect an
additional appropriation of $14,000 to the amount of the change order.
It was moved by Councilmember Partin and seconded by Councilmember Age to approve
the appropriation of $14,000 to Contract Change Order No. 1. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
" ~ ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, approving CUP No. 90-27 with
conditions.
RESOLUTION NO. 3871
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90-27 -WITH CONDITIONS
(CONSTRUCT 4-UNIT APARTMENT BUILDING, 8712 BELMONT STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Partin to adopt
the Resolution by title only, title as follows, approving CUP No. 90-28 with conditions.
RESOLUTION NO. 3872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 90-28 -WITH CONDITIONS
(CONSTRUCT 4-UNIT APARTMENT BUILDING, 8761 MOODY).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the
Resolution by title only, title as follows, granting Variance No. 90-20.
RESOLUTION NO. 3873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW THE CONSTRUCTION OF A FOUR (4)
UNIT APARTMENT BUILDING -VARIANCE NO. 90-20 (8761 MOODY
STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Partin and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, granting Variance No. 90-19.
RESOLUTION NO. 3874
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS TO ALLOW THE INSTALLATION OF AN AIR
CONDITIONING UNIT WITHIN THE SIDE YARD -VARIANCE NO. 90-19 (4435
AVENIDA CARMEL).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES January 14, 1991
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt a Resolution by title only, title as follows, approving amendment to CUP No. 76-15
with conditions.
RESOLUTION NO. 3875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 76-15 -WITH
CONDITIONS (ESTABLISH A DAY CARE CENTER, HOLY CROSS LUTHERAN
CHURCH, 4321 CERRITOS AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
order the following Ordinance read by title only, title as follows and to adopt the
Ordinance adjusting Council Compensation.
ORDINANCE NO. 859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 2-3.3 OF THE CODE OF THE CITY OF CYPRESS
ADJUSTING COUNCIL COMPENSATION BY 596 AS AUTHORIZED BY STATE
LAW.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Manager announced that there was a matter which arose subsequent to the
preparation of the Agenda and it needed to be placed on the Agenda. The City Attorney
advised that item dealt with the ordinance the City had adopted providing for certain
fees by the Fire Department and then adopted a Resolution implementing the fees. After
adopting that Resolution, the County notified the City that it has deferred on all their
fees for fire services for approximately six months.
It was moved by Councilmember Age and seconded by Councilmember Kerry to place this
matter on the Agenda which arose subsequent to its preparation. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney read the Resolution by title only, title as follows:
RESOLUTION NO. 3876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REPEALING RESOLUTION NO. 3856 ADOPTING FEES FOR FIRE
PREVENTION AND RELATED SERVICES PENDING FURTHER STUDY OF
THE SAME BY THE COUNTY OF ORANGE.
It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the
Resolution by title only, title as follows, repealing Resolution No. 3856 adopting fees for
fire services. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Bowman recessed the meeting at 6:20 p.m. to enable the
Council to enter Closed Session for the purpose of discussing personnel and litigation
matters. The meeting reconvened at 7:30 p.m. with all Councilmembers present. Also
present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and
staff members Bacock, Eynon, Hill, Storey, Thomas and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age
PRESENTATIONS: Mayor Bowman presented Mayor's Proclamations to the Winners of
the "Cypress Celebrates the Holidays" Contest after an introduction by Jewell Tolkin,
Chairman of the Contest Committee. The winners receiving their proclamations were Jeff
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CITY COUNCIL MINUTES January 14, 1991 1
and Debbie Kimberlin and Peter and Penny Parker. The representative from Victor's
Flowers was not present.
Mayor Bowman presented a plaque to Councilmember Cecilia Age commemorating her
term as Mayor during 1990.
The City Manager provided a summary of those actions taken by the City Council during
the 5:30 session of the meeting.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Jane Wozniak, 4488 Avenida Granada, Cypress, mentioned several items: tying of yellow
x. ribbons on trunks of trees at City Hall, building a holding cell in Cypress to avoid
County booking fees, closeness of 11 homes in the Sorrento development to perimeter wall
and if the public will be allowed to speak on new business.
Councilmember Age shared with the audience a large paper cutout of a Christmas tree
that she had received from the students of Arnold School thanking the Council for
allowing them to make their presentation on recycling.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
Mr. Charles Goldwasser, 1428 Second Street, Santa Monica, stated he was present on
behalf of Jack Cusator, a former Cypress Police Office, requesting that the Council not
consider accepting the recommendation of the hearing officer, Joseph Gentile and
mentioned some reasons why the Council should not accept the recommendation to uphold
the discharge.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT
TO RESIDENTIAL DENSITY BONUS POLICY SECTION 9.2 OF APPENDIX I,
"ZONING" OF THE CODE OF THE CITY OF CYPRESS: Mayor Bowman opened the
public hearing. The staff report dated January 4, 1991 requested that this item be
continued.
It was moved by Councilmember Age and seconded by Councilmember Kerry to continue
this item to the Council meeting of January 28, 1991. The motion unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL
USE PERMIT NO. 90-26 (43 CONDOMINIUM UNITS INCLUDING NINE DENSITY
BONUS UNITS) AND TENTATIVE TRACT MAP NO. 14430 (DIVISION OF TWO
PARCELS INTO TWO NEW PARCELS FOR SEPARATE COMMERCIAL AND
CONDOMINIUM USES), 6242 AND 6252 LINCOLN AVENUE: The Mayor opened the
public hearing. The staff report dated January 4, 1991 recommended this matter be
withdrawn from consideration and returned to the applicant.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to close
the public hearing, withdraw Conditional Use Permit No. 90-26 and Tentative Tract Map
No. 14430 and direct staff to return the incomplete application to the applicant. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL
USE PERMIT NO. 90-30, CONVERSION OF ASINGLE-FAMILY HOME INTO A
CHAPEL 8522 WALKER STREET: Mayor Bowman declared the hearing opened. The
staff report dated January 4, 1991 represented a request for a continuance to resolve
design issues.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to
continue Conditional Use Permit No. 90-30 to the meeting of February 25, 1991. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL
USE PERMIT NO. 90-31 (COMMERCIAL CENTER, 12 CONDOMINIUMS AND
CONVERSION OF 30 APARTMENTS INTO CONDOMINIUMS) AND TENTATIVE
8
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CITY COUNCIL MINUTES January 14, 1991
TRACT MAP NO. 14445 (DIVISION OF THREE PARCELS INTO TWO PARCELS FOR
SEPARATE COMMERCIAL AND CONDOMINIUM USES) 6292-6302 LINCOLN
AVENUE: Mayor Bowman opened the public hearing. The Planning Director presented
the staff report dated January 7, 1991, which represented requests to allow the division of
three parcels into two new parcels and for a combination of commercial and residential
uses as permitted within the Lincoln Avenue Combining Zone at 6292-6302 Lincoln
Avenue. In accordance with the California Environmental Quality Act, a Negative
Declaration will be filed for this project. Notices of this public hearing were posted,
published and mailed to the property owners within a 300-foot radius of the subject
property. To date, staff has not received comments regarding this matter.
The applicant, Mr. Tom Matlock, representing Chelyn Development, 4642 E. Chapman,
#325, Orange, stated that they are in the early stages of the design to make the
architectural standards compatible in all three sections of the proposed project. He asked
if the hours of operation could be changed from "...before 7 a.m. or after 9 p.m." to
"...before 6 a.m. or after 10 p.m."
Councilmember Age stated that if the hours of operation are to be changed, she would
request that the standard condition regarding substantiated complaints be added. The
applicant stipulate to the. added condition.
No one wished to speak in support of or in opposition to the application.
Councilmember Kerry asked that the applicant provide the Council with the information
regarding the pricing on the additional low and very low income units and the applicant
concurred.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to close
the public hearing, certify the Negative Declaration in accordance with the California
Environmental Quality Act and approve Tentative Tract Map No. 14445 and Conditional
Use Permit No. 90-31 subject to existing conditions and the addition of the condition on
substantiated complaints. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE
PERMIT NO. 90-23, CYPRESS GOLF CLUB -GULF COURSE CLUB HOUSE AND .
RELATED GOLF COURSE STRUCTURES, INCLUDING A REQUEST FOR THE
ONSITE SALE OF GENERAL ALCOHOL, KATELLA AVENUE, WEST OF SIBONEY:
Mayor Bowman declared the public hearing open. The City Manager asked the Planning
Director to summarize the staff report dated January 4, 1991, which represented a request
to construct a permanent club house facility and related structures for the Cypress Golf
Club. It also included a request for the onsite sale of general alcohol. Since the proposed
project was adequately addressed as part of a Final Subsequent EIR, it has been
determined that a Negative Declaration will be filed for this project and no further
environmental documentation will be required. Notices of this public hearing were
published, posted and mailed to all property owners within a 300 foot radius, and to date,
staff has received no comments.
Mr. Edmund Einy, senior designer with Nikken Architects, 3000 N. Beechwood Dr., N.
Hollywood, explained the proposed building site plan, landscaping, the club house
structure and materials and the architectural style.
Some of the Councilmembers expressed a desire for larger banquet facilities than those
proposed with a 150 person capacity.
Mr. Darrell Wilson, Dye Designs, Denver, Colorado, stated that plans had changed since
the initial application and they are proceeding with the final club house design as
opposed to a temporary facility.
Mayor Bowman asked if anyone wished to speak in support of or opposition to the
project. No one did so.
Councilmember Nicholson was disappointed with the area set aside for banquet facilities;
however, did approve of the overall club house design and asked the developer to keep
the idea of larger banquet facilities in mind with the proposed hotel structure.
Councilmember Age requested Nikken to reconsider the proposed structure with larger
banquet facilities. Councilmember Kerry stated that any hotel development that comes
before Council will be considered for the size of meeting facilities available and wished
to add a condition that renderings of the club house come back to Council.
Councilmember Partin commented that it was a wonderful project, is satisfied with the
presentation and ready to move for approval. Mayor Bowman stated he liked the design
of the club house and it appeared it would be very compatible with the golf course.
9
CITY COUNCIL MINUTES January 14, 1991
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
close the public hearing, certify the Negative Declaration according to the requirements
of the California Environmental Quality Act and approve amendment to Conditional Use
Permit No. 90-23 with conditions, with the added condition that final renderings come
back to Council for approval. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 90-21, MECHANICAL
¢r EQUIPMENT IN THE SIDE YARD AREA, 10502 CHESTNUT STREET: Mayor Bowman
opened the public hearing. The Planning Director reviewed the staff report dated
January 3, 1991, which represented an application with a request to install a spa filter
and heater in the side yard area of asingle-family home located at 10502 Chestnut Street.
In accordance with the California Environmental Quality, a Notice of Exemption will be
filed for this project. Notices of this public hearing were published, posted and mailed to
all property owners within a 300 foot radius. Staff has received no comments regarding
this matter.
The applicant, Richard Blood, 10502 Chestnut Street, Cypress, was in the audience but
had nothing further to add.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Nicholson and seconded by Councilmember Partin to
close the public hearing, certify the Notice of Exemption in accordance with the
California Environmental Quality Act and approve Variance No. 90-21 subject to
conditions. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 90-22
ENCROACHMENT INTO REQUIRED SIDE SETBACK AREA, 5111 MARION AVENUE:
The public hearing was opened by Mayor Bowman. The Planning Director presented the
staff report dated January 4, 1991 which represented a request to construct a building
addition to asingle-family house which will encroach onto the required ten foot setback
area. In accordance with the California Environmental Quality Act, the proposed project
has 'peen determined to be categorically exempt, Class 5. Notices of this public hearing
were posted, published and mailed to the property owners within a 300 foot radius of the
subject property. To date, staff has received only one comment from the adjacent
property owner to the west. Staff has addressed his concerns.
Mrs. Mary Johnson, 5111 Marion Avenue, Cypress, explained the proposed project and
answered questions from Council.
Mayor Bowman asked if anyone wished to speak in support of the project and no one did.
He asked if anyone wished to speak in opposition.
Mr. Dominic Tedesco, 5101 Marion Avenue, Cypress, expressed his objection to the project
because it will detrimentally impact his open space and it is against the original master
plan created 27 years ago.
Ms. Dawn Parker stated that the proposed addition would make the house stand out and
would not blend in with the rest of the neighborhood.
No one else wished to speak in opposition to the project.
After some discussion, it was moved by Councilmember Nicholson and seconded by
Councilmember Age to close the public hearing and approve Variance No. 90-22 with
conditions. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: ALLOCATION OF SPECIAL DISTRICT
AUGMENTATION FUNDS: Mayor Bowman opened the public hearing. The City
Manager summarized the staff report dated December 20, 1990, which indicated that
Special District Augmentation funds in the amount of $722,922 are available and a
Resolution should be adopted which allocates these funds between the Cypress Recreation
and Park District and the Cypress Street Lighting District No. 2.
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CITY COUNCIL MINUTES January 14, 1991
No one wished to speak for or against the adoption of the Resolution.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, allocating the Special District
Augmentation Funds.
RESOLUTION NO. 3877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ALLOCATING SPECIAL DISTRICT AUGMENTATION FUND.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: ESTABLISHING A FEE FOR
OVERWEIGHT VEHICLES: The Mayor opened the public hearing. The Acting Public
Works Director presented the staff report dated January 3, 1991, which indicated that a
bill was passed by the State Legislature in an attempt to establish a uniform statewide
system for overweight vehicles. The Bill requires the implementation of a standard
Application form and placed a limit on city and county permit fees. In order for local
governments to charge fees for these permits, they must establish a fee schedule by the
adoption of a Resolution.
Mayor Bowman asked if anyone wished to speak for or against the Resolution. No one
did so.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to close
the public hearing and adopt the Resolution by title only, title as follows, establishing a
fee for vehicles with special size, weight or load pursuant to California Vehicle Code
Section 35795(b).
RESOLUTION NO. 3878
A RESOLUTION OF THE CITY OF CYPRESS ESTABLISHING A FEE FOR
VEHICLES WITH SPECIAL SIZE, WEIGHT, OR LOAD, PURSUANT TO
CALIFORNIA VEHICLE CODE SECTION 35795(b).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Bowman recessed the meeting at 9:01 p.m. and reconvened at 9:12 p.m.
with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF ORDINANCE REGULATING THE
COMPETENCY OF PLUMBERS WORKING IN THE CITY OF CYPRESS: The City
Manager asked the Acting Public Works Director to summarize the staff report dated
January 3, 1991, which indicated that this item had been continued and one of the major
topics of discussion was who would administer the competency tests and the overall
certification process. During discussions with ITC and other outside sources, staff
learned that currently no organization other than the Plumbing Industry and Education
Association (P.I.P.E.) provides all the required administrative services. The City's liability
is the same regardless of whether an outside firm administers the certification or the City
does.
Mayor Bowman stated that the Council has been inundated with letters from both sides of
the issues and the Council is quite familiar with the issue which appears to be whether or
not certification necessary and if the answer to that is yes, then who is to do the
certification. He asked that a spokesman speak for each side.
Mr. John Beard, owner of Beard and Crockett, representing PHCC which is a contractors
organization in Orange, Riverside and San Bernardino Counties, stated he has testified as
the spokesman for that trade association and has campaigned for various pieces of
legislation that would benefit every member of the plumbing industry, both union and
non-union as well as legislation that would "protect the health, safety and welfare of the
public." He referred to the PHCC folder that was presented to the Council previously and
stated that their position suggested possible alternatives to P.I.P.E. involvement. The
objective of the certification and PHCC is to make plumbers the very best they can be.
11
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CITY COUNCIL MINUTES January 14, 1991
After some discussion, Mayor Bowman commented that, in his opinion, the only way this
would work is through a test administered by the state or a region. If this is appearing in
all jurisdictions perhaps it should be presented at the League of Cities to propose
something on a state level to see if state certification is possible for all the trades.
Mr. George Kaufman, Van Nuys, chairman of the Los Angeles County Examining Board,
stated he was present to ask the Council to consider licensing journeyman plumbers. He
listed some hazards of poor plumbing and plumbing installation, explained the testing
procedure and listed the cities where the plumbing certification test is being given.
Ms. Sharon Duggan, 380 Hayes St., San Francisco, representing a local union of plumbers,
presented a letter to Council, addressed some of the plumbing certification issues and
asked the Council to consider testing.
Councilmember Age agreed with the Mayor's suggestion to take this issue before the
League of Cities to determine what other cities are doing.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
receive and file. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS: Mayor Bowman recessed the meeting at 9:54 p.m., and reconvened the meeting
at 9:58 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF CONDITIONS AT THE CYPRESS FLOOD
RETARDING BASIN (NATURE PARK): The City Manager called upon the Acting
Public Works Director to present the staff report dated January 2, 1991, which indicated
that the rabbits have increased in number and appear to be thriving. The major areas of
concern are: 1) proper security, 2) maintaining a manageable population and 3) treatment
of injured or ill rabbits. Meetings have been set up with individuals that are interested
in supplying or volunteering services, such as, Ms. Jean Sleeper of the Kinship With All
Life Foundation.
Responding to Councilmember Age, the City Manager suggested the added costs should be
discussed with Supervisor Wieder to determine if there is funding available from the
County level.
Councilmember Kerry mentioned that there might be help through Park and Recreation
funds.
The following people spoke in favor of keeping and containing the rabbits in the Nature
Park, reported on their meeting with Ms. Sleeper and volunteered to help care for the
rabbits.
Ms. Jane Wozniak, 4488 Avenida Granada, Cypress
Mr. Jack Swank, 9849 Via Sonoma, Cypress
Mr. Ted Hill, 10001 St. Vincent Cr., Cypress
Councilmember Kerry suggested that a nominal fee might be charged for Nature Park
tours to help cover the costs of keeping the rabbits.
After further discussion, Councilmember Age stated the rabbits needed to be confined
and we need to meet with the County to see if they will help with the fence.
Councilmember Nicholson suggested that the Kinship With All Life Foundation be given
a six months' trial for volunteer services for treatment and neutering.
It was moved by Councilmember Age and seconded by Councilmember Kerry to authorize
staff to meet with Supervisor Wieder and discuss the construction of a new fence, bring
the results of that discussion back to Council on January 28; accept the services
volunteered by the Kinship With All Life Foundation for a period of six months
returning to Council at the completion of that six months for review; authorize staff and
a representative from the Kinship With All Life Foundation to interview veterinarians
interested in providing professional services for the rabbits not to exceed a total $15.00
per rabbit; start thinning out the rabbit population using the Kinship With All Life
Foundation and a staff report be provided Council once a month during the six month
period. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
12
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CITY COUNCIL MINUTES January 14, 1991
CONTINUATION OF CONSIDERATION OF DEVELOPMENT MORATORIUM ON
PORTIONS OF THE AREA NORTH OF LINCOLN AND WEST OF MOODY: The City
Manager reported that a workshop session was held on January 11 to discuss the
development potential of the area north of Lincoln and west of Moody. The basic issues
reviewed were the police statistics from the area in comparison with other areas of the
City: the development issues, the infrastructure, financing of the various improvements
and the legal issue of moratoriums in general.
The Planning Director stated that the following items were reviewed and, in some cases, a
comparison made between the Orange County General Plan and City of Cypress:
structural condition of the units, development patterns, property densities, parking
standards, area buildout, funding for the area for improvements.
The Acting Public Works Director reported that the Orange County Redevelopment
Agency is currently working on a new storm drain system for the area. He apprised
Council of the completed storm drain work, sewers, street lighting and parking. There
are some parking problems in the area and they are being referred to the Traffic
Commission for recommendations. Staff feels that some of the mitigation measures can
be concluded within six months.
Ms. Yvonne Greenelsch, 8751 Sumner Place, Cypress, requested stop signs or speed bumps
at the corner of Merten and Sumner and asked about the installation of a park.
Councilmember Kerry remarked that there is a plan coming and the City will probably be
able to meet most of the needs before there is a tremendous problem.
Councilmember Age commented that the parking and traffic circulation concerns are
being referred to the Traffic Commission for their study and recommendations.
The City Manager mentioned that if there are traffic concerns, bring them to the
attention of the Acting Public Works Director who will provide those parties with a copy
of the Traffic Commission agenda.
Mr. Gene Andre, 4143 Sussex Circle, Cypress, explained the assessment process for So Cal
Gas Company main extensions and encouraged Council to consider the possibility of
establishing escrow accounts to achieve some of the necessary funding for improvements.
It was moved by Councilmember Kerry and seconded by Councilmember Partin to receive
and file. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CITY MANAGER'S CONTRACT
RENEWAL PROVISIONS: The City Attorney presented the staff report dated January 9,
1991, which indicated there was a question as to whether certain compensation could be
treated as compensation under the contract and, after further review, the recommendation
is to delete the amendment previously adopted at the December 10, 1990 Council meeting
and to approve the contract as existed prior to the inclusion of that amendment.
It was moved by Councilmember Age and seconded by Councilmember Partin to approve
the renewal of the City Manager's contract. The motion carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Age, Nicholson, Partin and Bowman
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF HEARING OFFICER DECISION -TERMINATION OF POLICE
OFFICER, JACK CUSATOR: The City Manager presented the staff report dated January
8, 1991, which indicated that the Findings, Conclusions and Recommendation of the
Hearing Officer were that there was sufficient evidence to support the discharge and
deny the appeal of Officer Cusator.
The City Attorney advised that the City Council had received the Findings, Conclusions
and Recommendations of the Hearing Officer dated December 10, 1990 and after
considering same, the City Council may adopt the proposed decision in its entirety, amend
the decision or reject the decision and refer back for further hearing.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
adopt the Findings, Conclusions and Recommendations of the Hearing Officer, Joseph F.
Gentile, dated December 10, 1990 and thereby deny the discharge appeal of Police Officer
Jack Cusator. The motion unanimously carried by the following roll call vote:
13
147
CITY COUNCIL MINUTES January 14, 1991
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF REMOVAL OF STREET TREE AT 4275 PASEO DE ORO: The
City Manager presented the staff report dated January 3, 1991, which represented a
request by Council to have staff investigate the situation after the resident appealed to
Council indicating she had enjoyed the tree for many years, had seen it cause no
substantial damage and did not want it removed. Staff had examined the site in detail
and concluded that the tree should be removed because staff considers this tree a
potential danger to the walking and motoring public.
Ms. Connie Nachbor, 4275 Paseo de Oro, Cypress, stated she was speaking for Jo Redmon
who had appeared before the Council on December 10, and she also presented her appeal
to Council to allow the Eucalyptus tree to remain in the parkway.
Mayor Bowman asked if the resident's insurance company would hold the City harmless,
what would be wrong with leaving the tree in the City's parkway. The City Attorney
responded that it may set some policy or precedent in the future.
Ms. Nachbor stated that she will contact her insurance company to ask them to place a
rider on her homeowner's policy.
Councilmember Nicholson expressed her objections to removing the tree and she stated
that the sidewalk is raised very minimally.
Councilmember Kerry encouraged City staff to observe if the branches of this tree are
becoming dangerous and stated she would rather have time and money spent on the worst
situations first.
It was moved by Councilmember Age and seconded by Councilmember Kerry to allow the
resident to keep the tree at 4275 Paseo de Oro. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF REIMBURSEMENT OF COSTS TO COUNCIL MEMBER CECILIA
AGE FOR ATTENDANCE AT GOVERNOR PETE WILSON'S INAUGURAL BALL ON
MONDAY, JANUARY 7, 1991: Councilmember Cecilia Age had requested that this
matter be placed on the agenda and wondered why it was under New Business rather than
on the Consent Calendar where it should be. She explained that this affair took place
Friday, Saturday, Sunday and Monday and she chose to attend only the Inaugural Ball.
These events are times for team building for the City and she felt strongly that she
should attend this event as a representative of the City of Cypress. She did limit
expenses and the time spent and is asking the City to approve the reimbursement of $357,
which includes one night lodging, Ball ticket and airfare.
Councilmember Kerry raised the question as to whether a Resolution had been approved
by the City to authorize Councilmembers to attend inaugural events and if a
Councilmember had been reimbursed for expenses in the past. The City Manager could
not specifically recollect Councilmembers attending an inaugural ball or governor's
installation, but there have been instances of Sacramento trips for legislative team
building.
Councilmember Kerry stated that if a precedent is going to be set in the City then a
Resolution needs to be made establishing a policy.
Councilmember Partin stated he did not see any damage in Councilmember Age's taking
the initiative and representing the City of Cypress at this event. If Councilmember Kerry
would like to establish how these things are to be handled in the future, Council could
work on it and he was willing to approve reimbursement for the charges.
It was moved by Councilmember Partin and seconded by Mayor Bowman to approve the
reimbursement of $357 to Councilmember Age. The motion carried by the following roll
call vote:
AYES: 4 COUNCILMEMBERS: Age, Nicholson, Partin and Bowman
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF DISCUSSION REGARDING SCHEDULING OF TOWNHALL
MEETINGS IN SPECIFIC AREAS OF THE CITY: Councilmember Kerry requested that
this item be placed on the agenda to discuss the possibility of scheduling townhall
14
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y ~ ~ CITY COUNCIL MINUTES January 14, 1991
meetings, on a regular basis, in different areas of the City to address specific concerns of
the residents within that area.
Councilmember Kerry mentioned several areas of the City where those residents did not
feel a part of the community and might have special areas of interest to discuss with the
Council. She stated there may be a way of periodically meeting with the Council and
some staff members, perhaps once a year, in the different areas of the City.
Councilmember Nicholson expressed her support of this concept in getting to know all of
the areas and their unique problems. „
In response to questions from the Mayor, the City Attorney advised that these would have
to be regular meetings and, because of that, could not be limited to only those people in
the area.
Councilmember Partin stated that he would be against having six of these meetings a year
and he was also against scheduling this sort of meeting unless a need arises.
After some discussion, Mayor Bowman suggested that in the next newsletter, publicize the
fact the Council would be amenable to having a townhall meeting to determine
community response.
The City Attorney advised that because of the provisions of the Brown Act, the Council
cannot act on anything that is not on a published agenda. If any action were to be taken,
it would have to be set for future Council agenda.
The Councilmembers agreed that an article be published in the next newsletter to see if
the community would be interested in having a townhall meeting in a certain portion of
the City and, hearing no objection, Mayor Bowman so ordered.
It was moved by Councilmember Kerry and seconded by Mayor Bowman to continue the
meeting past the hour of 11:30 p.m. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AQMD TRIP REDUCTION PLAN - 9/80 PLAN: The City
Manager asked the Personnel Director to summarize the staff report dated January 8,
1991, which indicated that the Administrative Coordinating Team met and discussed this
issue and has determined that the best recommendation for the City is to implement a
work schedule known as the "9/80 Plan." Recommended and optional work schedules
were provided for review and if the new schedule is approved, it may be implemented as
early as March.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
authorize staff to meet and confer with appropriate employee bargaining units regarding
the implementation of the above 9/80 plan. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR
WARRANTS NO. 42661 - 43065: It was moved by Councilmember Age and seconded by
Councilmember Partin to approve the Warrants No. 42661 through 43065 in the amount of
$1,639,718.17. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
15
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CITY COUNCIL MINUTES January 14, 1991
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
WRITTEN COMMUNICATIONS: For matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Bowman adjourned the meeting at 11:48 p.m. to 4:00 p.m.,
ATTEST:
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