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Minutes 92-01-27 l ` ; _ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 27, 1992 The Regular Meeting of the Cypress City Council was called to order at 5:34 p.m., Monday, January 27, 1992, in the Council Chamber, 5275 Orange Avenue, Mayor Pro Tem Cecilia Age presiding. PRESENT: Councilmembers Age, Bowman, Kerry and Nicholson ABSENT: Mayor Partin Also present were City Manager/City Clerk Darrell Essex and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker. Mayor Pro Tem Age advised that the Workshop Session on the Cypress Redevelopment Agency was not conducted and the Council would await the arrival of Mayor Partin prior to rescheduling that workshop. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CITY ATTORNEY JERRY PATTERSON ARRIVED AT 5:37 P.M. ('ONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The Public Works Director presented the staff report dated January 10, 1992, which described the car washing services provided by Cypress Car Wash. Cypress Car Wash has offered to renew this contract for a one year period, with an eight per cent or $.25 per wash increase for a total cost of $3.25 per wash. The cost to wash trucks and vans will remain at $5.00. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to authorize the renewal of the car wash service contract with Cypress Car Wash, 9971 Valley View Street, Cypress, CA 90630, for a one year period from February 1, 1992 through January 31, 1993, as presented. The motion unanimously carried by the following roll call vote: e. AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin CONSIDERATION OF AWARD OF CONTRACT FOR SERVICES OF PROFESSIONAL ARTS PLANNER FOR NEEDS ASSESSMENT: The Director of the Recreation and Park District presented the staff report dated January 10, 1992, which indicated that two bids had been received for the services of a professional Cultural Planner to develop and coordinate the Cypress Cultural Needs Assessment. The City Manager asked Council if they wished to continue this item since neither the Mayor or the successful bidder were present. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to continue this item to the February 10, 1992 meeting. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF REPLACEMENT PIECE FOR PLAYGROUND EQUIPMENT AND ALLOCATION OF APPROPRIATION OF FUNDS FROM THE GENERAL FUND: The Director of the Recreation and Parks District summarized the staff report dated January 15, 1992, which requested the replacement of an existing 3/4 Spyro Slide on the Playbooster equipment at Oak Knoll Park which became unsafe due to its state of deterioration stemming from vandalism. It was moved by Councilmember Bowman 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) dispense with formal competitive bidding for reasons described in the above report pursuant to City Code, Section 21-A-8F; and 2) appropriate general fund monies from the City's City Council Minutes January 27, 1992 General Fund account in the amount of $1,108.00 for the purchase of a replacement piece of playground equipment requested from Hanson Associates, P.O. Box 2096, Orange, CA 92669 and authorize the purchase of such equipment for the reasons outlined in the staff report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin 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 Bowman requested that Item 10, Consideration of Monthly Investment Program, be removed for discussion. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to approve the Consent Calendar Items No. 4 through 18, with the exception of Item No. 10. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin Item No. 4: Consideration of Approval of City Council Minutes of January 13, 1992. Recommendation: That the City Council approve the Minutes of January 13, 1992, as submitted. .Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of Claim Filed by Dale William Martineau. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 7: Consideration of Proclaiming February 17-24, 1992, as "Medical Assistants Week". Recommendation: That the Mayor and City Council officially proclaim the week of February 17-24, 1992, as "Medical Assistants Week" in the City of Cypress. Item No. 8: Consideration of Design Review Committee's Approval of DRC #91-1. Recommendation: Receive and file. Item No. 9: Consideration of Claim Filed by Gerro P. Duer. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item No. 11: Consideration of Amending Agreement With Orange County-City Hazardous Materials Emergency Response Authority. Recommendation: That the City Council adopt the Resolution by title only, title as follows, amending the Agreement with the Orange County-City Hazardous Materials Emergency Response Authority. RESOLUTION NO. 4040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGARDING THE ORANGE COUNTY-CITY HAZARDOUS MATERIAL EMERGENCY RESPONSE AUTHORITY AND ASSIGNING CERTAIN RECOVERY RIGHTS TO SAID AUTHORITY. 2 City Council Minutes January 27, 1992 Item No. 12: Consideration of Acceptance of Installation of Civic Center Irrigation System Valves and Controllers, Public Works Project No. 9107. Recommendation: That the City Council: 1) Accept the work of the Installation of the Civic Center Irrigation System Valves and Controllers, Public Works Project No. 9107, as being satisfactorily completed; 2) Approve final payment to William Murray General Engineering Contractor, Inc., 6284 Jurupa Avenue, Riverside, California 92504; 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's guarantee upon the Director of Public Works' concurrence. Item No. 13: Consideration of the Brethren Christian Schools Lease of the Oxford Cafeteria Kitchen (Part-time Use). Recommendation: That the City Council approve the lease agreement with the Brethren Christian Schools for the part-time use of the Oxford kitchen area and authorize the Mayor to sign the lease and the City Clerk to attest. Item No. 14: Consideration of Application for an Original Beverage License Filed by Du Anh & Thuy Thi Nguyen, D.B.A. T & T Liquor Market, 6271 Ball Road, Cypress. Recommendation: That the City Council receive and file this application, contingent upon the approval/disapproval of Conditional Use Permit No. 91-23, which will be the subject of a Public Hearing at the February 24, 1992 City Council meeting. Item No. 15: Consideration of Resolution to Amend the Personnel Rules - Personnel Officer to Certify Eligibility List. Recommendation: That the City Council, and acting as the ex officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, amending the City of Cypress and the Cypress Recreation and Park District Personnel rules and Regulations to allow the Personnel Officer to certify employment eligibility lists. RESOLUTION NO. 4041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION N0. 1635, RULES AND REGULATIONS, CHAPTER 4, SECTION 4.07, CONCERNING ESTABLISHMENT OF EMPLOYMENT LISTS FOR EMPLOYEES OF THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recreation & Park District Matters: Item No. 16: Consideration of Acceptance of Installation of Play Equipment at Willow Park, Maple Grove South Park and Manzanita Park, Public Works Project No. 9114. Recommendation: That the City Council, acting as the ex officio Board of Directors for the Cypress Recreation and Park District: 1) Accept the work of Installation of Park Play Equipment Public Works Project No. 9114, as being satisfactorily completed; 2) Approve final payment to Landscape Structures, Inc., 601 7th Street South, Delano, New Mexico 55328; 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's guarantee upon the Director of Public Works' concurrence. Item No. 17: Consideration of donation of Funds Received From Hilbert and Associates, Inc., 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 $500.00 from the participants in the Hilbert and Associates, Inc., Health Charity Fund and appropriate $500.00 from the Cypress Recreation and Park District General Fund Balance to Account 4187- 12-317 for the purchase of equipment and other services benefiting the Home Meals Program. 3 i mow' ~V City Council Minutes January 27, 1992 Item No. 18: Consideration of the Audit Report of the Cypress Recreation and Park District for the Period Ended June 30, 1991. Recommendation: That the City Council, acting as the ex officio Board of Directors for the Cypress Recreation and Park District, receive and file said report. END OF CONSENT CALENDAR Regarding the Monthly Investment Program for December, 1991, Councilmember Bowman asked if the City's investments were in the City's name. The Finance Director replied that brokers find the rates, but the City purchases the investments directly from the bank so they are in the City's name. It is the City's policy not to have investment advisors making investment decisions. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, approving amendment to CUP No. 89-13. RESOLUTION N0. 4042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 89-13 - WITH CONDITIONS (ORIENTAL MISSIONARY SOCIETY (OMS), ORANGE COUNTY HOLINESS CHURCH, 4872 BISHOP STREET). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, granting Variance No. 91-6. RESOLUTION N0. 4043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING AN AMENDMENT TO A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO DECREASE THE FRONT SIX FOOT SETBACK TO FOUR FEET; TO ELIMINATE THE LANDSCAPE FINGERS IN THE PARKING LOT; AND TO REDUCE THE NUMBER OF PARKING SPACES FROM 76 SPACES TO 72 SPACES - AMENDMENT TO VARIANCE N0. 91-6 (ORANGE COUNTY HOLINESS CHURCH, 4872 BISHOP STREET). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin It was moved by Councilmember Bowman and seconded by Councilmember Kerry to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending "Adoption of Purchasing System," of the City Code. ORDINANCE N0. 877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 21A, "ADOPTION OF PURCHASING SYSTEM," OF THE CODE OF THE CITY OF CYPRESS. 4 ~ , ~ .City Council Minutes January 27, 1992 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Partin MAYOR PARTIN ARRIVED AT 5:48 P.M. CLOSED SESSION: Mayor Pro Tem Age recessed the meeting at 5:48 p.m. to enable the Council to enter into Closed Session to discuss matters of personnel, litigation and property negotiations. The meeting reconvened at 7:36 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 Mayor Pro Tem Age. The City Manager reported that the 4:30 p.m. Workshop Session on the Cypress Redevelopment Agency was adjourned due to the lack of a quorum. However, the Council did meet for the regular session at 5:30 p.m. and the City Manager summarized those actions taken during that portion of the meeting. The City Attorney summarized discussions held during Closed Session on employee negotiations, potential litigation item on a Density Bonus Agreement and the acquisition of the Erskine property. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that Denni Street, north of Blanca Drive, was supposed to be posted for no parking of RVs for 100 feet. Now, the whole block has been posted and vehicles are being towed away. Mayor Partin requested the City Manager to review the Traffic Commission recommendations. Mr. Peter Brynd, Executive Director of the Cypress Chamber of Commerce, announced a "Discover and Shop in Cypress", an awareness campaign designed to educate residents of the retail businesses in Cypress and encourage them to shop in Cypress. On February 8, the ceremonies will start at 9:30 a.m. with a ribbon cutting at Encore Cards and Gifts, from 10:00 a.m. to 2:00 p.m., Cypress Police will have McGruff the crime dog and provide child ID fingerprinting. KEZY Radio will do a live remote. He also mentioned that on March 19, as part of Cypress College's 25th anniversary, the Chamber will be holding a business exposition mixer from 4:00 p.m. to 7:00 p.m. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, asked about the newspaper articles appearing on abuses of pensions and salary spiking in local cities and if any of City staff was under contract. The City Manager stated that he was the only full-time employee under contract and the contract was deemed appropriate by the PERS system. Mr. John Boetsch, representing the Cypress American Legion Post, stated that they are looking for a meeting place and would like to meet with the City Council to ask their help. Mayor Partin advised that when the letter is received from the American Legion, a meeting will be scheduled between the City Council and the American Legion Post. Mr. Lee Borch, 5711 Cynthia Lane, Cypress, explained that five out of six people in his cul-de-sac have been cited for code infractions and since he has not, his neighbors are questioning him and he would like the name of the person making the complaints. The City Attorney advised that it is the City's long-standing policy to keep certain complaint information confidential, which may include their name and address as well. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke about the on-street parking of large vehicles. He stated people should be provided an area to park their motor homes if they are not to be allowed on the City streets. 5 City Council Minutes January 27, 1992 CONSIDERATION OF PUBLIC HEARING RE• CURRENT FIRE PROTECTION SERVICE LEVEL PROVIDED TO THE CITY OF CYPRESS BY THE ORANGE COUNTY FIRE DEPARTMENT: Mayor Partin opened the public hearing. The City Manager read and explained the procedure that had been outlined for this special hearing to discuss the fire services issue and a copy of that outline was available. Mr. Craig Campbell addressed the Council stating that his presentation was two-tiered and he needed thirty minutes for his presentation and any rebuttal. At Mayor Partin's request, each member of the Council advised the audience as to the extent of their involvement with Mr. Campbell. Chief Larry Holms, Director of Fire Services for the County of Orange and Fire Chief for the City of Cypress, presented the staff report dated January 17, 1992, and he provided explanations on the County Fire Services system, fire protection and the paid call volunteer program. He stated he would present a slide program with an overview of the Orange County Fire Department's regional approach and advised that specific information pertaining to the City of Cypress would be provided by Chief Charles Prather, Assistant Operations Chief. Chief Holms stated that the Orange County Fire Department has been serving half of the incorporated cities in the County since 1955 and, through regional services, have been able to provide a cost-effective level of service and a higher level of service than the community could provide for themselves. He explained the standard response to structure fires of three engines, a truck company, a paramedic unit, a battalion chief, the medical emergency procedures, hazardous materials response team, heavy rescue unit and the law enforcement/fire investigation section. Chief Charles Prather referred to the staff report, slides and commented on the fire services that were provided to the City of Cypress. Essentially there are five stations that serve the City of Cypress, which are in Stanton, La Palma, Cypress and Los Alamitos. A graph showing five minute response circles were developed through a consulting contract with Arthur Young & Associates in 1989 who evaluated the entire Orange County Fire Protection system and, without Station 12, the City is covered adequately in five minutes with sufficient overlap. The regional approach statistics provided indicated that the sharing of services with five cities results in a firefighter population ratio of one firefighter to every 4,000 citizens. There was discussion on response times, automatic aid, paid call program and paid call training program. He named those Orange County cities that have paid call fire stations. He stated that if a paid engine were put into Station 12, the annual cost for staffing would be approximately $1 million. The station is not set up to accommodate a career company 24 hours a day and the structure is not seismically sound. There was then a question by the Councilmembers on first responds, number of employees per shift, ISO rates, and response time. Chief Holms commented that the County had hired a consulting firm and their recommendation was to eliminate Station 12; it was an unnecessary duplication of services. The Fire Department's view was that Station 12 had served this community in a very positive, forthright manner and they are an added resource. It would cost $1 million a year to replace the engine company plus the capital cost for the fire station upgrade so it could house full-time firefighters. Mr. Craig Campbell, 11623 Talaud Street, Cypress, stated that he wanted a paid fire engine in Station 12. That's the only solution to the problems; there is no alternative. He was not questioning the dedication, motivation or inspiration of the volunteer firefighters. He questioned the leadership of the Orange County Fire Department for allowing this criminal act of giving half of the citizens of the community paid professional, qualified help in times of crisis and treating the other half like guinea pigs. He asserted that the management of the Orange County Fire Department hasn't addressed any of the problems. He also questioned the trust the taxpayers and voters put in Chief Holms. He stated he knows paid call firefighters response times are slow, training is substandard, his men have complained for years and he has received several letters and phone calls from men and women in the Orange County Fire Department organization. He addressed four areas: firefighters per population, assessed valuation, training differences between volunteers and paid firefighters, and response times. He then gave an overhead slide presentation on station manning, ratio of firefighters to population, regional program, and response times with statistics. He stated the utilization of 6 . ~ ~ "1 City Council Minutes January 27, 1992 volunteers is not a recognized practice throughout the State and he provided statistics on the ratio of firefighters to total population, volunteer vs. career firefighter training. He stated that Station 12 was fine as a backup but he believed they should not be first responders. He stated that his sole purpose and motivation has nothing to do with where he works or his union but because he lives in the City of Cypress. He wanted a permanent engine at Station 12. Mayor Partin advised that he would be calling a recess at this time; however, regarding ('ONTINUATION OF CONSIDERATION OF ON-STREET PARKING OF LARGE VEHICLES, Mayor Partin asked for a motion to continue this item. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this item to the Council meeting of February 10, 1992. 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 RECESS: Mayor Partin recessed the meeting at 10:30 p.m. and reconvened the meeting at 10:45 p.m. with all Councilmembers present. There followed a question and answer period of Mr. Campbell by Councilmembers on ISO ratings and number of regional firefighters per population. After further discussion, Councilmember Kerry stated that this issue would not be resolved this evening and some of the information will have to be studied in detail. Councilmember Bowman stated he had many questions, the allegation needed study and accurate figures determined. Mr. Campbell stated that if anybody in his family or any of my loved ones don't get proper response, which is what County average is, if there is a delay, he is going to be forced to sue the City of Cypress. He stated Cypress does not deserve to have volunteer firefighters and people are not being treated equally in this City. Chief Larry Holms advised that every statistic in the package submitted to Council by the Orange County Fire Department is accompanied by a source document showing the derivation of the statistic and he would explain those statistics in detail. The question is, is the level of service acceptable and if it is not, what does the Council want to do. If the City wants a paid fire station tomorrow, Chief Holms will put one there but it will be on a cash basis. He volunteered to answer any questions. The City Manager advised that the organizational structure of the Regional concept has been under study for a couple of years and is an ongoing effort. Mayor Partin stated that some cities are generating more money than they use and it is getting harder and harder for cities to generate revenue to pay for fire services because they are having to pay for more and more services. Due to the lateness of the hour, it was moved by Councilmember Age and seconded by Councilmember Partin to continue the meeting to 12:00 a.m. 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 Mr. Campbell asked who in the City had the authority to give one-half the people one level of protection and the other half another level of protection. He stated he was not going to let this drop until there was a paid engine at Station 12. Mayor Partin asked if anyone wished to speak in favor of the Orange County Fire Protection Services in Cypress. Mr. Harry Gardikas, 5651 Orange Avenue, Cypress, advised that he is currently the Station Captain at Station 12 and has been at that station six years. He stated that two-thirds of the volunteers have been EMT certified and seven are career firefighters. He suggested that the Council review the data provided 7 4~7 City Council Minutes January 27, 1992 by the Orange County Fire Department, compare the quality, the source material, and the rationale objectively and then make an informed objective non-critical determination. He also spoke on training, response time and first response. He presented the Council with some documentation commending Station 12. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated that the Fire Department should be congratulated. The City cannot afford $1 million per year to change Station 12. Ms. Joanne Scott, Cypress resident, said thank you to Station 12 for their help when her son was hit by a car. The volunteers take heartfelt responsibility in helping the people of the community and she is 100% behind the volunteer station. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated she strongly supports the volunteer fire department. Mr. Juan Abatsler, Talaud Street, Cypress, stated that if there can be improvement made in the Fire Department, he is willing to pay for it. Ms. Sue Hayes, 5693 Aspen Street, Cypress, remarked that it appeared that all the paid call firemen were counted. The map also appeared to show that Stations 17 and 13 overlapped and Station 12 didn't seem to have a specific area. If the volunteers can help without a lot of dollars, she would support that. Mr. Kenneth Munson advised that he was Regional Director for the Anti-Piracy Recording Association of America, Rossmoor resident and Station 2 paid call Captain. He stated he didn't believe the numbers were an issue, a lawsuit may be an issue but should not be considered. The goal should be to provide a fire service where the community does not see a difference in a paid call or career fire services. He didn't hear anything said that because of the volunteers there had been any degradation in service. He believed the City to be well protected. Mr. Patrick Colleary, 8791 Walker Street, Cypress, volunteer firefighter at Station 12, stated the presentation by the County indicated a lot of preparation. He was confused by some of Mr. Campbell's issues but what's really important is the acceptable service and reasonable risk. Many of the volunteers are career firefighters at Station 12. He urged Council to take the time and review the issue thoroughly. At the hour of 12:00 a.m., it was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue the meeting to 12:30 a.m. Councilmember Age stated she would not go beyond 12:30 a.m. 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 Mayor Partin asked if anyone wished to speak in opposition to the Fire Protection Services of Station 12. Mr. John Diener, 5141 Belle Avenue, Cypress, stated that he had nothing against volunteer firefighters but, as a taxpayer, he wanted professional firefighter response. He paid the same taxes and he wanted the same service. Mrs. Alvisa Baldonado, 11603 Talaud Street, Cypress, worked at a handicapped school in Bellflower and felt that as a contributing member of society she deserved the same response time as that school received. Mr. Orencio Baldonado, 11603 Talaud Street, Cypress, remarked that a City like Cypress deserves better service and protection. Mr. Dennis Marinello, 5737 Pine Court, Cypress, professional firefighter and former volunteer at Station 12, stated he had mixed emotions about being on the negative side of this issue, but he cannot see his tax dollar used to pay for a training ground for individuals who want to become professional firefighters. He has deep concerns for his home and family. 8 . City Council Minutes January 27, 1992 Ms. Linda Garton, 6182 Lee Drive, Cypress, expressed surprise when she learned about the fire protection services based on where you live in Cypress provided by the equally taxed citizens of Cypress. Ms. Leslie Evans, 10437 Bedford Court, Cypress, expressed concern about the volunteer fire station. She spoke of her daughter that is battling cancer and chances are high that her daughter will have a medical emergency requiring a quick response of highly trained personnel. Protection through volunteers is an archaic way to service a modern city and Cypress deserves the best fire protection possible. Mr. Doug Shakespeare, 9401 Alderbury Street, Cypress, advised he has been a professional firefighter for 15 years, but was also a paid call firefighter for several years. This entire City requires and deserves paid personnel. He believed that and stands behind everything that Mr. Campbell said tonight. He didn't believe that the volunteers should be gaining experience at the career firefighters' expense. Ms. Doris Ebell, 5712 Shirl Street, Cypress, stated she agreed with Craig Campbell. The community needs to get together and do something about the situation. Mayor Partin asked if anyone else wished to speak in support of or opposition to the fire protection services. No one else wished to speak. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing. 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 Bowman stated he believed a task force was needed and he perceived two issues: whether or not the present professional paid firefighter services of the Orange County Fire Department are adequate for the community of Cypress and whether or not Station 12 should be closed because their presence in an emergency is a threat to the community. He asked the City Attorney if he was aware of any lawsuits pending against the City of Cypress for inadequate fire protection. The City Attorney replied in the negative. Councilmember Bowman believed there should be clarification on the ISO ratings, verification of the numbers given by the County and Mr. Campbell, an assessment of the adequacy of the present system from a public safety standpoint irrespective of the money that might be involved. Finally, there seems to be a great deal of confusion on the five minute response time and he would like the task force to examine and analyze response times. He proposed that there be a meeting on February 10 and on February 24. He suggested Mr. Campbell be on a task force with broad-based community involvement. Councilmember Age requested that the task force be open to all citizens and a decision should not be made tonight on task force members until all interested parties have had an opportunity to apply. Councilmember Bowman clarified that the task force's purpose would be to examine the points he had itemized. Councilmember Nicholson suggested that the request for task force applicants be published in the News-Enterprise and contact other newspapers to publish a piece on the task force. The City Manager suggested that applications be submitted by February 7. The Council could then act on appointments on February 10. Councilmember Bowman stated that the Council should try to review applications on February 10, but if all interested parties have not submitted applications, the item can be continued to February 24. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to solicit names for a Fire Services Task Force by the February 10 meeting. 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 9 ~ ~ City Council Minutes January 27, 1992 RECESS: Mayor Partin recessed the meeting at 12:30 a.m. and reconvened at 12:35 a.m. with all Councilmembers present. Mayor Partin requested this meeting be continued until all items have been acted upon. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to continue the meeting until the Agenda has been completed. The motion was 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 CONTINUATION OF CONSIDERATION OF "NO SMOKING" ORDINANCE aMENnMENT; The Assistant City Manager presented the staff report dated January 20, 1992, which indicated that the policy would accomplish the same end as an ordinance amendment but it would not involve the City in making a health finding that certified that the proposed continuation of smoking at such facilities posed no health threat to nonsmokers. Because the City is the owner of all the facilities in question, they have the right to establish this policy without an ordinance. Councilmember Kerry asked when the weather was inclement, do the patrons of the City-owned buildings have to go outside and smoke and the response was in the affirmative. She suggested perhaps the City should be more sensitive to the situation. Mayor Partin agreed with Councilmember Kerry and stated that this was being carried too far, especially when it involved the Community Center and he does not intend to support this policy. Councilmember Kerry suggested that there be a designated smoking area in the Community Center. Councilmember Nicholson commented that the reason the policy was written was because of the cigarette damage done to the Community Center. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the "No Smoking in City and District Buildings" Policy Statement. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Nicholson NOES: 1 COUNCILMEMBERS: Partin ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSInFRATTnN OF COMMI~SInN APPnTNTMFNT p0 ICY: Mayor Partin had requested that this item be placed and his question was the term of office of Cultural Arts Commissioner, Eve Hadjinian. The request for reappointment was nearly a year late so the reappointment will be to April, 1995. He accepted the explanation provided by the Recreation & Park Director but cautioned staff to be more alert as to timely requests for Commission reappointments. He believed that type of slipshod management is inexcusable. The City Manager requested additional time for the preparation of the City Council policy on Commission appointments in order to have full TEAM Review of this matter. It was moved by Councilmember Bowman and seconded by Councilmember Kerry to reappoint Commissioner Hadjinian to the Cultural Arts Commission for another term of office ending April 1995. 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 RESOLUTION OF THE W ST ORANG COUNTY MAYOR'S GROUP REQ CTrNr, THE ORANGE COUNTY DIVISION OF TH L AGUE OF CA IFORNIA CITI S TO URGE PRESIDENT BUSH TO TAK Ar.TrnN TO STOP THE FLOW OF IL ICIT DRUGS AND I iFr,Ai IMMIGRATION FROM OUR BORDERS TO THE SOUTH: The City Manager presented the staff report dated January 22, 1992, which was a request by Mayor Partin and is a direction to the League of Cities to urge the President to take action to stem the flow of drugs and illegal immigration. Mayor Partin had questioned this proposed resolution and had asked the City Attorney to review it prior to signing. The City Attorney advised that, legally, there didn't appear to be any problem with signing the proposed resolution. Councilmember Bowman stated he can support this resolution and he believed illegal immigration and illicit drugs are major problems. 10 V City Council Minutes January 27, 1992 It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to support the resolution. Councilmember Kerry suggested that "county and school district" be inserted in the second paragraph, third line, so the line reads, "...creating increased costs for city, county and school district services during...." Councilmember Bowman stated that this proposed resolution will go to the Resolutions Committee of the League of Cities and agreed to recommend the resolution with the amendment. Councilmember Nicholson concurred. The motion unanimously carried with the following roll call vote: , AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None " ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIA WARRANT LISTS FOR WARRANTS NO 48848 - 49065: It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to approve Warrant Nos. 48848 through 49065 in the amount of $597,493.97. 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 Rte. Fes: Mayor Partin recessed the meeting at 12:50 a.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 12:52 with all Councilmembers present. 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 Partin adjourned the meeting at 12:55 a.m. to 4:30 p.m., Monday, February 10, 1992, in the Administrative Conference Room. O O +~'fZrt/ MA OR OF THE CITY OF CYPRESS ATTEST: SS 11