Minutes 91-11-25
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 25, 1991
The Regular Meeting of the Cypress City Council was called to order at 4:50
p.m., Monday, November 25, 1991, in the Administrative Conference Room, City
Hall, 5275 Orange Avenue, Mayor Walter Bowman presiding.
PRESENT: Councilmembers Age, Kerry, Nicholson, Partin and Bowman
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney
John Cavanaugh and staff members Bacock and Storey.
CLOSED SESSION: Mayor Bowman recessed the meeting immediately after the call
to order to enable the Council to enter into Closed Session to discuss
employer-employee negotiations issues. The meeting reconvened at 5:30 p.m.
and was recessed at that time to allow the Council to reconvene in the Council
Chamber. The meeting reconvened at 5:45 p.m. with all Councilmembers present.
Also present were City Manager/City Clerk Darrell Essex, Acting City Attorney
John Cavanaugh and staff members Bacock, Barrett, Donovan, Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to
speak.
cnNSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL POLICE BACKGROUND
INVESTIGATIONS: The Police Chief presented the staff report dated October 30,
1991, which described the level of service provided by Crackel Investigative
Services of Orange for police background investigations. The fee for a
completed background investigation is $600.00. There will be no fee increases
for this fiscal year. An incomplete investigation fee will remain at $20.00
per hour, as will the cost for mileage utilized at $.26 per mile. This is a
supplemental contract and allows the Police Department to utilize this service
in the event there are a large number of background investigations.
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to award a contract to Crackel Investigative Services for professional service
of police background investigations at a cost of $600.00 per investigation
plus $.26 for mileage. Partially completed investigations will cost $20.00
per hour with a minimum for five hours. 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 CONTRACT BETWEEN THE CITY OF CYPRESS AND WILLIAM HAMILTON &
ASSOCIATES: The City Manager summarized the staff report dated November 15,
1991, which represented a request to employ Buford Nichols, President of
William Hamilton & Associates, to serve as chief negotiator in the meet and
confer process with the Cypress Public Safety Employees' Association.
It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to
authorize staff to enter into an agreement with Buford Nichols, President of
William Hamilton & Associates, 980 W. 17th Street, Santa Ana, CA 92706 to
provide employee relations services at $85.00 per hour. 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
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will bg;enacted by one motion approving
the recommendations listed on the Agenda.
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CITY COUNCIL MINUTES November 25, 1991
Personnel Director Gary Bacock requested that Item No. 10, Consideration of
Employment List - Assistant City Engineer, be removed from the Consent
Calendar for further discussion.
It was moved by Councilmember Partin and seconded by Councilmember Kerry to
approve the Consent Calendar Items No. 3 through 18, with the exception of
Item No. 10. 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. 3: Consideration of Approval of City Council Minutes of November 12,
1991.
Recommendation: That the City Council approve the Minutes of November 12,
1991, as submitted.
Item No. 4 Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item No. 5: Consideration of Claims Filed by Robert 0. Vogeli, Attorney-at-
law, On Behalf of Glynda Hughes, Jillian Hughes, and Theodore Hughes.
Recommendation: That the City Council officially reject the subject claims
and refer them to the City's Claims Administrator, Carl Warren & Co., for
appropriate disposition.
Item No. 6: Consideration of Design Review Committee's Approval of DRC #91-
24.
Recommendation: Receive and file.
.Item No. 7: Consideration of Acceptance and Assessment for Abatement of
Seasonal and Recurring Weeds for Phase I of the 1991/92 Program.
Recommendation: That the City Council: 1) Accept the work of weed and rubbish
abatement as being satisfactorily completed in accordance with the
specifications for the work; 2) Adopt the Resolution by title only, title as
follows, confirming weed abatement assessments and imposing special
assessments as alien on the parcels shown on Exhibit "A"; and 3) Approve the
contract cost with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach,
CA 92647, in the amount of $5,299.79.
RESOLUTION N0. 4014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN
THE CITY OF CYPRESS.
Item No. 8: Consideration of Vacancy Report for November.
Recommendation: Receive and file.
Item No. 9: Consideration of a Resolution Amending the City's Appropriation
Limits for FY 1986-87.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, amending the City's FY 1986-87 appropriation limits.
RESOLUTION NO. 4015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE
CITY'S APPROPRIATION LIMITS FOR THE FISCAL YEAR 1986-87.
Item No. 11: Consideration of an Application for an Original Alcoholic
Beverage License Filed by Joe Wei & Sherry Yeh Ling, D.B.A. China Palms
Restaurant, 10205 Valley View Street, Cypress.
Recommendation: Receive and file.
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CITY COUNCIL MINUTES November 25, 1991
Item No. 12: Consideration of an Application for an Original Alcoholic
Beverage License Filed by Nasser Rabie, D.B.A. European Taste, 4955 Lincoln
Avenue, Cypress.
Recommendation: That the City Council receive and file this application,
contingent upon the approval/disapproval of Conditional Use Permit No. 91-22
to be considered by the City Council at its meeting of December 9, 1991.
Item No. 13: Consideration of Conversion to PERS Health Insurance.
Recommendation: That the City Council, and acting as the ex officio Board of
.Directors of the Cypress Recreation and Park District, adopt the Resolutions
by title only, titles as follows, that convert the City and the Recreation and
Park District from the current medical plans to the plans offered under the
Public Employees' Medical and Hospital Care Act, as administered by the Public
Employees' Retirement System (PERS), effective January 1, 1992.
RESOLUTION N0. 4016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ELECTING TO BE
SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT.
RESOLUTION N0. 174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS EX
OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT,
A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ELECTING TO BE SUBJECT TO
THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT.
Item No. 14: Consideration of Clarification of Condition No. 50 for
.Conditional Use Permit No. 91-18, Construction of a Mexican-Style Restaurant
at 6471 Ball Road.
Recommendation: That the City Council receive and file this report.
Item No. 15: Consideration of Elementary School Video Contest Proposal.
Recommendation: That the City Council authorize submittal of the Cypress
Cable Television Commission's video contest proposal to the Cypress School
District Board for their consideration.
Item No. 16: Consideration of Cable Television Commission Recommendation for
Grant Funding.
Recommendation: That the City Council approve the Public Access Grant
.application in the amount of $500.00 to Theodore I. Sack as recommended by the
Cable Television Commission.
Item No. 17: Consideration of an OCCRMA Contract for Cypress-Provided
Administrative Services.
Recommendation: That the City Council authorize the City Manager to sign the
Agreement for Administrative Support Services between Orange County Cities
Risk Management Authority (OCCRMA) and the City of Cypress.
Recreation & Park District Matters:
Item No. 18: Consideration of a Resolution Amending the Cypress Recreation
and Park District's Appropriation Limits for FY 1986-87.
Recommendation: That the City Council, acting as the ex officio Board of
Directors for the Cypress Recreation and Park District, adopt the Resolution
by title only, title as follows, amending the District's FY 1986-87
appropriation limits.
RESOLUTION N0. 175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO
GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK
DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING THE
CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMITS FOR THE
FISCAL YEAR 1986-87.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES November 25, 1991
Regarding Consideration of Employment List - Assistant City Engineer, the
Personnel Director reported that the list was not available, interviews are
being conducted but not completed. He requested authority from the Council to
certify the list so the selection process may begin prior to the next Council
meeting and the list submitted on December 9 for receive and file.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
authorize the Personnel Director to certify the employment list. 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 Age and seconded by Councilmember Partin to
adopt the Resolution by title only, title as follows, approving CUP No. 91-18.
RESOLUTION N0. 4017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 91-18 - WITH CONDITIONS (MEXICAN-STYLE
RESTAURANT WITH ONSITE BEER AND WINE, 6471 BALL ROAD).
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 Age to
adopt the Resolution by title only, title as follows, to approve amendment to
CUP No. 197.
RESOLUTION N0. 4018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT N0. 197 - WITH CONDITIONS (CONVERT
RECREATIONAL VEHICLE STORAGE AREA INTO THREE NEW MOBILE HOME RENTAL
SPACES, 9080 BLOOMFIELD 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
CLOSED SESSION: Mayor Bowman recessed the meeting at 5:52 p.m. to allow the
Councilmembers to enter Closed Session for matters of personnel and
litigation. The meeting reconvened at 7:30 p.m. with all Councilmembers
present and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and
Wicker also present.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry.
PRESENTATIONS:
Mayor Bowman presented Resolutions to the three Cypress Families of the Year:
. the Scott Family, the Kinney Family and the Wynder Family. Proclamations from
the California State Senate and Supervisor Wieder's Office were also given to
the Cypress families. Recreation and Park Director DeCarlo provided a brief
history of the Family of the Year award and introduced Recreation Manager
Patty Bailey, who introduced the Nominating Committee.
Mayor Bowman read a Resolution which proclaimed the week of November 25
through 29, 1991 as "Family Week" in the City of Cypress.
The City Manager reported that the City Council met at 4:30 p.m. in Closed
Session to discuss employer-employee negotiation issues. He then summarized
the actions taken by the Council on the 5:30 p.m. portion of the Agenda.
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The Acting City Attorney reviewed the discussions which occurred during the
Closed Session on a pending litigation case involving a workers compensation
disability claim of Jimmie Starnes and personnel matters on employer-employee
negotiations.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Mr. Robert Sunwall, 5486 Vista Sierra, Cypress, addressed the community on the
value of the Boy Scouts of America and the incident now in the courts. He
told of his work with the Scouts and asked the citizens to write letters
supporting the Orange County Council of Boy Scouts, 3590 Harbor Gateway North,
Costa Mesa, 92626.
Mr. Otis Holland, 13037 E. Caroline St., Cerritos, spoke on the City's
requirement for a license on a two year basis for emergency curb number
painting. He stated he would like to submit detailed report to the City
Clerk's office and asked the Council to reconsider the two year issuance of
the license. He offered to do the City's numbers completely, consistently and
professionally.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
No one wished to speak.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE• APPLICATION FOR SPECIAL
PERMIT - SECONDHAND BUSINESS, BARGAIN BARN, 5183 LINCOLN AVENUE, CYPRESS:
Mayor Bowman opened the public hearing and referred to the staff report dated
November 19, 1991, which represented a request to withdraw the application for
a Special Permit.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
receive and file the staff report. 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: AMENDMENT TO CONDITIONAL
USE PERMIT NO 89-27, ADDITION OF A 3,400 SOUARE FOOT BASEMENT, KOREAN
OOMMUNITY CHURCH, 5900 BALL ROAD, CYPRESS: Mayor Bowman opened the public
hearing. The staff report dated November 18, 1991, indicated the applicant
has revised the conditional use permit application to include a request for a
temporary cargo storage container. In order for staff to properly notice this
application, a continuation is requested.
.It was moved by Councilmember Age and seconded by Councilmember Kerry to
continue this request to amend Conditional Use Permit No. 89-27 to December 9,
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 PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0.
87-30, EXPANSION OF INTERIOR LEASE SPACE FOR THE EXISTING GOLD'S GYM, 6177
BALL ROAD, CYPRESS: Mayor Bowman declared the public hearing opened. The
staff report dated November 18, 1991 indicated that a request was made by
staff to continue this item in order to meet CEQA's requirements regarding the
public review period for Negative Declaration.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
continue this item to the December 9, 1991 Council meeting. 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 DISCUSSION REGARDING CYPRESS VOLUNTEER FIRE STATION #12: The
City Manager stated that Councilmember Partin had requested that Mr. Craig
Campbell be given an opportunity to address the City Council regarding his
concerns with the services provided by Cypress Volunteer Fire Station #12. He
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CITY COUNCIL MINUTES ~ ~ 3
November 25, 1991
had also invited Division Chief Jerry Hunter from the Orange County Fire
Department to be available for any additional questions the Council may have.
Mr. Craig Campbell, 11623 Talaud Street, Cypress, remarked that he was angered
because he had to wait 14 months to address the Council. He stated he was
distressed by the lack of fire protection in the City of Cypress and he then
read his prepared statement on that subject. He stated he represented the
citizens of the City of Cypress and not the City of Westminster or the union
there. He also stated that if there is an emergency in Cypress, the citizen
may or may not receive protection from Station #12 depending upon whether the
volunteer firefighters show up or not. The issue is whether or not the people
of Cypress are receiving adequate fire protection throughout the City. He
provided failed to respond information and response times for Station #12 and
comparison figures from Station 13 and 17. He mentioned the education and
training a paid, professional fire fighter received compared to the volunteer
firefighter.
After further testimony, Mr. Campbell requested the Council recognize the
problem, ask the Chief questions, to have an investigation done, and conduct a
review of the situation.
Responding to Mayor Bowman, Mr. Campbell stated that he wanted someone to
recognize that there is a problem and to plan for the future.
At the Council's request, the City Manager explained that the level of service
of fire protection is being studied. A county-wide study has been undertaken
of all of the funding and needs of the County in fire protection services. He
explained the fire protection services funding.
Mayor Bowman suggested that a public hearing be held on this item and
additional data is needed along with verification of Mr. Campbell's data.
After additional questions and discussion, Councilmember Age stated that if
everyone is allowed to speak tonight, she would not be willing to have a
public hearing.
The Acting City Attorney advised that Mr. Campbell has presented his side of
the story in a discussion manner and he suggested that a representative from
the County be given equal time in discussing their side. The Council should
then consider the information presented and evaluated in further detail and
have the issue set for a public hearing.
Division Chief Jerry Hunter stated he would answer questions from the Council
and respond to some of the issues brought up by Mr. Campbell. The County
provides fire protection on a regional basis and there are 27 firefighters on
24 hour shifts serving the City of Cypress, 24 hours a day 365 days a year.
They come from the Cities of Stanton, Los Alamitos, Cypress and La Palma. The
paid call fire company, Station 12, is not the first in company, Stations 17
and 13 have the first in responsibilities with an augmentation from Station 12
based on a five minute response area. The paramedic response is the same as
elsewhere in the County and is a 10 minute response area.
After further discussion, Councilmember Age stated that she has never received
a complaint on response times. The City Manager stated that he has received
very few complaints on fire service during his tenure with the City.
Councilmember Kerry requested the number of firefighters required per thousand
citizens in the City.
After additional testimony, the City Manager explained that the discussion on
County fire services has been taking place for the past two years.
Councilmember Kerry suggested that one issue that needs to be reviewed is the
average response time from the time the call is made until arrival on the
scene.
Mr. Campbell would agree to a public hearing. He asked why Orange County was
the only one that recognized volunteer firefighters who are going out on first
alarm with no backup. He contended that Station 12 was a first out piece of
equipment and all he wanted was paid professionals in Station 12.
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CITY COUNCIL MINUTES November 25, 1991
Mr. Patrick Colleary, 8791 Walker Street, Cypress, expressed his concern about
the fire protection received in the City. He stated he was a volunteer
firefighter for Station 12 in Cypress, holding the rank of Chief Officer in
the Fire Department. He provided Council with his background with the fire
service. He also provided the background of the firefighters from Station 12
and he believed that they have a good breadth of experience at Station 12 to
operate functionally in the community.
Mayor Bowman stated that Council direction to staff was that a public hearing
be held and asked that the Council be given an opportunity to review the ~
information and facts prior to the public hearing.
The City Manager suggested the public hearing be held on January 27, 1992 so
all materials can be provided to the Council.
Councilmember Age advised that if all the documentation was not in the Agenda
package prior to the January 27 meeting, she would vote to continue the item.
The City Manager advised the parties that the information had to be in the
City Clerk's office on Friday, January 17.
RECESS: Mayor Bowman recessed the meeting at 10:10 p.m. The meeting
reconvened at 10:20 p.m. with all Councilmembers present.
CONSIDERATION OF CITY COUNCIL REORGANIZATION: Mayor Bowman requested a motion
and it was moved by Councilmember Nicholson and seconded by Councilmember Age
to reorganize the Cypress City Council. 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
Mayor Bowman commented on his past year as the Mayor and the events that have
taken place during the 35th Anniversary of the City. As Mayor, he attended
and supported many organizations and functions throughout the year. He
thanked his family for their support and he then resigned his position as
Mayor.
Mayor Pro Tem Partin stated he enjoyed his first year back on the Council. He
commented that he believed the next year would be a very difficult one and he
tendered his resignation as Mayor Pro Tem.
The City Clerk called for nominations for the office of Mayor.
Councilmember Bowman nominated Councilmember Partin and Councilmember
Nicholson nominated Councilmember Kerry for the office of Mayor. A motion was
made by Councilmember Bowman, seconded by Councilmember Age and unanimously
carried to close the nominations. The City Clerk declared the nominations
closed. He asked that all those in favor of Councilmember Partin for Mayor to
cast an "aye" vote. He noted that there were three aye votes and two no votes
cast and the City Clerk declared Councilmember Partin, Mayor Partin.
Mayor Partin assumed his seat and opened the nominations for Mayor Pro Tem.
Councilmember Bowman nominated Councilmember Age and Councilmember Nicholson
nominated Councilmember Kerry for Mayor Pro Tem. A motion was made by
Councilmember Bowman, seconded by Councilmember Age and unanimously carried by
the following roll call vote to close the nominations for Mayor Pro Tem.
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Partin asked that all those in favor of Councilmember Age for Mayor Pro
Tem cast their ballots. The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Age, Bowman and Partin
NOES: 2 COUNCILMEMBERS: Kerry and Nicholson
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Age assumed the position of Mayor Pro Tem.
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CITY COUNCIL MINUTES November 25, 1991
CONSIDERATION OF CHANG IN GRADE D UFinPMENT STANDARDS: The Public Works
Director summarized the staff report dated November 14, 1991, which indicated
that complaints have been received relative to two-story condominiums with
subterranean parking and raised grade of approximately four feet. The
condominium developments incorporate subterranean parking in order to maximize
the number of dwelling units they can put on the land in accordance with
permitted zoning and building height restrictions. Since January 1, 1990,
four conditional use permits for residential condominium projects have been
approved.
It was moved by Councilmember Bowman and seconded by Councilmember Age that
the City Council adopt a policy directing staff to: 1) discourage
development designs that include tall walls of over eight feet on adjacent
residential properties; and 2) specifically bring to the attention of the City
Council those development projects, in or adjacent to residential areas, where
tall walls, undesirable drainage solutions, aesthetic or undesirable
environmental problems that cannot be resolved at the staff level. Any
presentation before the Council would include cross sections (elevations) at
critical locations, as determined by the City Engineer and furnished at
developer's expense. The motion unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF "NO SMOKING" ORDINANCE AM NDMFNT: The Assistant City Manager
presented the staff report dated November 19, 1991, which represented a
response to the Recreation and Community Services Commission's recommendation
to ban smoking in the Community Center and other public facilities. In
discussion with the City Attorney's office, it was determined that an
amendment to the "No Smoking" Ordinance would be easiest to implement if it
eliminated smoking in all City and District buildings irrespective of the
exemptions for private parties, leased facilities, bingo, etc.
Mayor Partin mentioned that if this amendment were adopted, it would be a
drastic change from the private party smoking that has been allowed in the
past and asked how it will be handled with parties being booked a year in
advance. The Recreation & Park Director explained that it was an option of
each private party and not all private parties allow smoking. Letters would
be sent to all private groups notifying them of the policy change.
Councilmember Kerry expressed concern with the amendment and suggested that
the item be continued because she questioned a section and had requested the
City Manager's review.
Councilmember Bowman asked what the penalty would be if someone did smoke in
the Community Center and other public facilities. The Assistant City Manager
explained that it is based on an escalating scale per violation. The Acting
City Attorney suggested that the violation for smoking be clarified, along
with enforcement policy.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
continue this item to the meeting of December 9, 1991. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AUTHORIZATION FOR POLICE OFFIC RS R CRI~TTMENT: The City
Manager summarized the staff report dated November 20, 1991, which indicated
that the Police Department currently has three vacancies for the position of
Police Officer. Due to the lengthy selection process, the Police Chief is
requesting approval to begin the recruitment process to establish a pool of
qualified applicants from which to draw personnel once the hiring freeze is
lifted. The City Manager is in concurrence with the Chief's recommendation.
It was moved by Councilmember Age and seconded by Councilmember Bowman to
authorize staff to begin the recruitment process for Police Officers without
the commitment to fill the vacancies at this time. The motion unanimously
carried by the following roll call vote:
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CITY COUNCIL MINUTES November 25, 1991
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
rONSIDERATION OF REAPPOINTMENTS TO THE CYPRESS CABLE TELEVISION COMMISSION:
The City Manager presented the staff report dated November 20, 1991, which
indicated that Cable Television Commissioners Fredrick Glass, Howard Martin
and Janet Spurgeon will be completing their first four-year term of office on
November 30, 1991 and they have each expressed an interest in being
reappointed to the Commission.
It was moved by Councilmember Bowman and seconded by Councilmember Age to
reappoint Commissioners Glass, Martin and Spurgeon to the Cable Television
Commission. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Councilmember Kerry requested that, in the future, the staff report indicate
how many applications have been received for any Commission vacancies during
the last six month period.
rnNSrDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO 47986 -
48239: Councilmember Kerry stated that although she opposed the attendance
and expenditure of monies for the Council workshop, her protest have nothing
to do with the value of the experience; however, she felt that it might not
have been the proper time because of budget constraints. Because of the value
of the League of Cities workshop, she has rearranged her schedule and she will
be attending with the other Councilmembers.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to approve the Warrants No. 47986 through 48239 in the amount of $697,362.62.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Age asked if the assignment of Councilmembers to various
committees would be on the next Agenda. The City Manager verified that item
would be on the December 9, 1991 agenda.
Councilmember Age commented that the City Council salary increase is due in
January and she asked that item be placed on the December 9, 1991 agenda for
discussion.
Councilmember Kerry suggested that an item for the next Council meeting be
discussion on forming a committee of two Councilmembers and the City Manager
to meet with representatives from La Palma and Los Alamitos to determine if
cost cutting can be accomplished.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented
ADJOURNMENT: Mayor Partin adjourned the meeting at 11:00 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY L E CITY 0 CYPRESS
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