Minutes 93-08-23
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MINUTES OF A MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 23, 1993
The Regular Meeting of the Cypress City Council was called to order at 5:04
p.m. on Monday, August 23, 1993, in the Administrative Conference Room, West
Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding.
PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry
ABSENT: None
ORAL INTERVIEWS: The City Council conducted oral interviews with three of the
four applicants for the single vacancy on the Cable Television Commission.
RECESS: Mayor Kerry recessed the meeting at 5:30 p.m. to enable the Council
to reconvene in the Council Chamber. The meeting reconvened at 5:40 p.m. with
all Councilmembers present. Also present were City Manager/City Clerk Darrell
Essex, City Attorney John Cavanaugh and staff members Bacock, Eynon, Gorin,
Storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
No one wished to speak.
CONSIDERATION OF RENEWAL OF CONTRACT FOR THREE YEARS WITH SIGNAL MAINTENANCE
INC., FOR TRAFFIC SIGNAL MAINTENANCE SERVICES: The City Manager presented the
staff report dated August 12, 1993, which advised that the contract with
Signal Maintenance, Inc. (S.M.I.) expired on September 1, 1993. The current
contract has been in effect for three years and can be extended for an
additional three year period with the current rate structure unchanged.
S.M.I. has performed traffic signal maintenance for the City since 1965.
It was moved by Councilmember Partin and seconded by Councilmember Age to
approve the renewal of the traffic signal maintenance contract with Signal
Maintenance, Inc., 2283 Via Burton Street, Anaheim, CA, 92806 for a three year
period ending September 10, 1996, under the current terms, as outlined in the
report. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE VEHICLES: The City Manager
reviewed the staff report dated August 3, 1993, which indicated that the City
Council had authorized the issuance of a "Letter of Intent" to Maurice J. Sopp
and Sons Chevrolet to hold four police-ready vehicles under the Los Angeles
Sheriff's Department Bid. The fifth unit is a 1989 canine unit with 60,000
miles and a poor service history. The cost of the vehicles equipped as per
police request is $14,493.8 per unit and conversion costs will not exceed
$5,000.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to:
1. Determine that it is in the best interest of the City to dispense with
formal competitive bidding pursuant to City Code Section 21A-9F,
2. Authorize the purchase. of five (5) police package vehicles from Maurice
J. Sopp and Sons, 5801 Pacific Boulevard, Huntington Park, CA 90255, in
an amount not to exceed $72,469.30, and
3. Authorize the conversion of four (4) marked patrol units and one (1)
police canine unit at Hi Standard Automotive, 2299 South Grand Avenue,
Santa Ana, CA 92705, in an amount not to exceed $5,000.
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CITY COUNCIL MINUTES August 23, 1993
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
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 Nicholson requested Item No. 6, Consideration of Claim Filed by
Frank C. Wright, Attorney-at-Law, On Behalf of Paul Vincent Kleizo be pulled.
Councilmember Bowman asked that Item No. 13, Consideration of Acceptance of
"Cypress Senior Citizens Center," Public Works Project No. 9033 be removed
from the Consent Calendar.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
approve the Consent Calendar Items No. 3 through 13, with the exception of
Items No. 6 and 13. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Item No. 3: Motion to Approve City Council Minutes of the Regular Meeting of
August 9, 1993.
Recommendation: That the City Council Approve the Minutes of August 9, 1993,
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 Proclaiming Labor Day, September 6, 1993, as
"Try American Day."
Recommendation: That the Mayor and City Council proclaim Labor Day, September
6, 1993, as "Try American Day" in the City of Cypress.
Item No. 7: Consideration of Proclaiming September 17 - 23, 1993, as
"Constitution Week."
Recommendation: That the Mayor and City Council officially proclaim September
17 - 23, 1993, as "Constitution Week" in the City of Cypress.
Item No. 8: Consideration of City's Debt Service Tax Rate for the 1993 Fiscal
Year.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, fixing the City's debt service tax rate to be .0025 percent
(.000025) of the assessed value.
RESOLUTION N0. 4229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE VOTER
APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL YEAR 1993-94.
Item No. 9: Consideration of Acceptance of Traffic Signal Joint Maintenance
Agreement With the City of Garden Grove for the Intersection of Knott Avenue
and Orangewood Avenue.
Recommendation: That the City Council: 1) Approve the Traffic Signal Joint
Maintenance Agreement with the City of Garden Grove for the Intersection of
Knott Avenue and Orangewood Avenue; and 2) Authorize the Mayor to execute said
Agreement.
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CITY COUNCIL MINUTES August 23, 1993
Ite?n No. 10: Consideration of Amendment No. 1 to Consultant Agreement for
Additional Design Services for the Following Projects: (A) DeLong Street from
Walker Street to the East City Limits, Public Works Project No. 8742; (B)
Watson Street from Crescent Avenue to the South End, Public Works Project No.
8743; (C) Construction of a Storm Drain Facility on Acacia Drive from
Approximately 100' South of Crescent Avenue to the Moody Creek Channel, Public
Works Project No. 9141.
Recommendation: That the City Council: 1) Authorize a budget transfer of
funds in the amount of $2,000.00 from the fund balance of the Planned Local
Drainage Facilities Fund to the General Fund and appropriate $2,000.00 to
Account No. 4186-11-448-24; and 2) Approve Amendment No. 1 to Consultant
Agreement with Hunsaker & Associates Irvine, Inc., Three Hughes, Irvine, CA
92718, for additional Design Services for the following projects: (A) DeLong
Street from Walker Street to the East City Limits, Public Works Project No.
8742; (B) Watson Street from Crescent Avenue to the South End, Public Works
Project No. 8743; (C) Construction of a Storm Drain Facility on Acacia Drive
from approximately 200' South of Crescent Avenue to the Moody Creek Channel,
Public Works Project No. 9141.
Item No. 11: Consideration of Monthly Investment Program for the Months of
June and July 1993.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item No. 12: Consideration of Cypress Recreation and Park District's Debt
Service Tax Rate for the 1993-94 Fiscal Year.
Recommendation: That the City Council, acting as the ex-officio governing
Board of Directors of the Cypress Recreation and Park District adopt the
Resolution by title only, title as follows, fixing the District's debt service
tax rate to be .0077 percent (.000077) of the assessed value.
RESOLUTION N0. 180
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 OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED
INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1993-94.
END OF CONSENT CALENDAR
In regard to Item No. 6, Councilmember Nicholson requested this item be
discussed in Closed Session.
With regard to Item No. 13, Consideration of Acceptance of "Cypress Senior
Citizens Center," Public Works Project No. 9033, Councilmember Bowman asked
the City Attorney if the City had any contingent liabilities on this project.
The City Attorney replied that any exposure that the City would have would be
more of a third party retention fund for payment to the subcontractors and
there would be no direct liability to the City.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
that the City Council, acting as the ex-officio governing board of Directors
of the Cypress Recreation and Park District: 1) Accept the construction of
the Cypress Senior Citizens Center, Public Works Project No. 9033, as being
satisfactorily completed in substantial conformance with the Plans and
Specifications; 2) Approve the final retention payment, in the amount of
$223,974.02, after release of any filed liens, to PW Construction, Inc., 705
W. Arrow Highway, Claremont, California 91711, 35 days after the Notice of
Completion is filed; and 3) Authorize the City Clerk to release the Labor and
Materials Bond upon expiration of the required lien period, if no claims or
objections have been filed, and to release the Faithful Performance Bond upon
the expiration of one year's guarantee upon the Acting Director of Public
Works' concurrence. The motion unanimously carried by the following roll call
vote:
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CITY COUNCIL MINUTES August 23, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading) & RESOLUTIONS:
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, approving CUP No. 93-8.
RESOLUTION N0. 4230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 93-8 - WITH CONDITIONS (10 TOWNHOME
CONDOMINIUMS, 9402 HOLDER STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
adopt the Resolution by title only, title as follows, denying Variance 93-8.
RESOLUTION N0. 4231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS
TO ALLOW TWO PARKING SPACES TO ENCROACH TWO FEET INTO THE FRONT TWENTY
FOOT SETBACK AREA - VARIANCE N0. 93-8 (9402 HOLDER STREET).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
adopt the Resolution by title only, title as follows, approving CUP No. 93-7.
RESOLUTION N0. 4232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT N0. 93-7 - WITH CONDITIONS (NINE UNIT CONDOMINIUM
PROJECT, 6172 ORANGE AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and Councilmember Age to adopt the
Resolution by title only, title as follows, approving Tentative Tract Map No.
14834.
RESOLUTION N0. 4233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
TENTATIVE TRACT MAP N0. 14834 - WITH CONDITIONS (6172 ORANGE AVENUE).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES August 23, 1993
It was moved by Councilmember Nicholson and seconded by Councilmember Partin
to order the following Ordinance read by title only, title as follows, and to
adopt the Ordinance amending Section 9.1 of Appendix I, "Zoning" of the City
Code.
ORDINANCE NO. 899
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
9.1 OF APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS
"PERMITTED AND CONDITIONAL USES," TO REQUIRE A CONDITIONAL USE PERMIT
FOR SECOND STORY BALCONIES LOCATED WITHIN ALL RESIDENTIAL ZONES, AND FOR
OTHER PURPOSES AS DEFINED HEREIN.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Councilmember Nicholson and seconded by Councilmember Age to
order the following Ordinance read by title only, title as follows and to
adopt the Ordinance amending Section 16. of Appendix I, "Zoning" of the City
Code.
ORDINANCE N0. 900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
16.2 OF APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS
"EXCEPTIONS TO NONCONFORMING STATUS," TO PROVIDE AN EXCEPTION TO
EXISTING LEGALLY PERMITTED SECOND FLOOR BALCONIES IN SIDE AND REAR
YARDS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Manager requested the addition of an item to the Agenda on an urgency
basis. The Planning Director stated that the item regarded the signing off of
a certificate of occupancy for a condominium project for Mr. Kerry Henard.
The Planning Department has found some modifications made to the architectural
exterior of the building that do not meet the Conditions of Approval as
approved by the City Council. A memorandum has been prepared for the Council
regarding the modifications. It was moved by Councilmember Bowman and
seconded by Councilmember Nicholson to place this item on the Agenda as Item
No. 21A. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry advised the owner of the project, Kerry Henard, that the item
would have to be discussed during the 7:30 p.m. Agenda.
CLOSED SESSION: Mayor Kerry recessed the meeting at 5:55 p.m. to allow the
Council to enter into a Closed Session to discuss matters of personnel and
litigation. The meeting reconvened at 7:34 p.m. with all Councilmembers
present. Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Cavanaugh and staff members Bacock, DeCarlo, Eynon, Gorin,
Storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Ryan Creegar of Boy Scout Troop
No. 507 of Garden Grove.
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CITY COUNCIL MINUTES August 23, 1993
PRESENTATIONS:
Mayor Kerry read and presented the "Volunteer Firefighter Recognition Day"
proclamation to paid call firefighter Captain Harry Gardikis of Station 12.
The "Award of Financial Reporting Achievement" was presented to Richard M.
Storey, Finance Director, by Mayor Kerry. A "Certificate of Achievement for
Excellence in Financial Reporting" was made to the City of Cypress from the
Government Finance Officers' Association of the United States and Canada for
the eighth consecutive year.
A Mayor's Proclamation was given to the Cypress Girls' Softball Fast Pitch All
Star Team, which placed second in the Area B Northwest Pacific Championship
Tournament.
The City Manager, at the request of Councilmember Partin, provided some
background information on the Financial Reporting Achievement award and the
award received for the budget document itself.
The City Manager advised that Council met at 5:00 p.m. to interview candidates
for the CATV Commission position. He then summarized the actions taken by
Council during the 5:30 p.m. portion of the Agenda.
The City Attorney reviewed discussions held during the Closed Session on five
items: two items involved pending litigation, the claim filed by Paul Vincent
Kleizo and Jean and Robert Dixon vs. the City of Cypress; three Personnel
issues, appointments, grievance, and salaries and working conditions.
The City Manager mentioned the addition of Agenda Item 21A, Consideration of a
Request for Determination of Substantial Compliance With City Council
Condition of Approval No. 38 of Conditional Use Permit No. 91-2, for 5411-5439
Camp Street, by a unanimous vote of the Council.
In regard to Item No. 6, claim filed by Paul Vincent Kleizo, it was moved by
Councilmember Nicholson and seconded by Councilmember Age to officially reject
the subject claim and refer it to the City's Claims Administrator, Carl Warren
& Co., for appropriate disposition. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Ms. Kim Maxwell, 2 Bear Valley Road, Pomona, Executive Director of the Cypress
Boys and Girls Club, presented the Council with a thank you card from the
children for the bus donated to the Boys and Girls Club by the City. She told
of an upcoming Country Western Dance fund raising event on Friday, September
10, 1993 and she invited the Council and the public to come at a donation of
$15 per person.
Mr. Aaron Creegar, Boy Scout Troop 507, presented the Council with some
letters from the Troop on community concerns and issues that the boys feel are
important. Mayor Kerry advised that a response would be provided to the
troop.
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: CONDITIONAL USE PERMIT
N0. 93-9 (ITALIAN DELICATESSEN WITH ON SALE AND OFF SALE OF BEER AND WINE
6273 BALL ROAD: Mayor Kerry declared the public hearing open. The City
Manager referred to the staff report dated August 17, 1993, which requested a
continuance to the Council meeting of September 13, 1993. The Planning
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CITY COUNCIL MINUTES August 23, 1993
Director asked that the continuance date be extended to September 27, 1993 for
the results of the required traffic study.
It was moved by Councilmember Age and seconded by Councilmember Nicholson to
continue this item to the September 27, 1993 meeting. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry ~
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT
- IRON HORSE BAR & GRILL, 5591 LINCOLN AVENUE, CYPRESS: The public hearing
was opened by Mayor Kerry. The City Manager summarized the staff report dated
August 17, 1993, which described an application submitted by Mr. Terry M.
Holmes, D.B.A. Iron Horse Bar & Grill, 5591 Lincoln Avenue, Cypress, CA 90630,
for a Live Entertainment Permit. The public hearing to consider this
application had been scheduled for 7:30 p.m., on Monday, August 23, 1993.
The affidavits of posting, publication and mailing of the public hearing
notices on this matter are on file in the Office of the City Clerk and, as of
this date, no written communications either in favor of or in opposition to
the requested permit have been received. Pursuant to Section 9-8 of the
Cypress City Code, the City Council may issue or deny the permit upon a
determination as to whether or not the operation of the trade, occupation or
business by the applicant and the live entertainment will comport with the
peace, health, safety, convenience, good morals and general welfare of the
public or that the applicant is unfit to be trusted with the privileges
granted by such permit or possesses bad moral character, intemperate habits,
or bad reputation for truth, honesty or integrity. The Council may impose any
other conditions which they feel are required under the provisions of this
Section.
Responding to Councilmember Nicholson, the City Attorney answered that the
permit be conditioned so it applies to the particular form of entertainment as
outlined in the application and any change would require another live
entertainment permit.
Mr. Terry Holmes, owner of the Iron Horse Bar & Grill, 5591 Lincoln Avenue,
Cypress, volunteered to answer questions from the Council.
No one wished to speak in support of or opposition to the application.
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
close the public hearing and conditionally approve the permit, with the
addition of the condition that the Council may reconsider this permit should
the City receive substantiated complaints and/or the form of entertainment
change. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF A REQUEST FOR DETERMINATION OF SUBSTANTIAL COMPLIANCE WITH
CITY COUNCIL CONDITION OF APPROVAL N0. 38 OF CONDITIONAL USE PERMIT N0. 91-2,
FOR 5411-5439 CAMP STREET: The City Manager called upon the Planning Director
to present the staff memorandum dated August 23, 1993, which indicated that a
certificate of occupancy inspection was performed by the Planning Division to `
determine compliance with the City Council approved conditions, prior to a
planning release for a certificate of occupancy. Upon review of the approved
project plans and conditions of the conditional use permit, it was discovered
that the building facade treatment was not consistent with the approved
elevation plans. The developer did not submit revised elevation plans
indicating the changed exterior building materials, nor did he submit a final
color scheme. Since Condition No. 38 has not been complied with to date, the
Planning Department cannot release the subject project for a certificate of
occupancy until the project is constructed as illustrated on the plans
approved by the City Council. The Engineering Department is also holding its
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CITY COUNCIL MINUTES August 23, 1993
release of occupancy since the developer has constructed sewer lines in
locations other than what was approved. The Planning Director outlined three
options for Council consideration in a determination of substantial
compliance.
Mr. Kerry Henard, the developer, explained that the main reason for the
elimination of the siding was because of budget restraints.
At this time, a video tape of the project was run for Council's viewing.
Various Councilmembers commented on the project and its appearance.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to accept the findings that the buildings as constructed are in substantial
compliance with the original condition of approval. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF ANTI-GRAFFITI ORDINANCE: The Police Chief
reviewed the staff report dated August 18, 1993, which responded to the
increased incidents of graffiti vandalism throughout the City of Cypress. The
City Attorney has completed the ordinance, which is quite comprehensive and
has established both civil and criminal penalties for acts of graffiti
vandalism. The ordinance likewise created parental or guardian accountability
and responsibility for violations of the ordinance by their minor children.
The Chief articulated some of the primary provisions of the ordinance. He
noted that, on page 3, Section 5.29.11, third line, the word "or" should be
changed to "and." Councilmember Bowman questioned the words, "caused by a
minor" in Section 5-29.5. The City Attorney suggested that those words be
changed to "caused by any person." Councilmember Bowman mentioned page 2, the
definition of graffiti and "drawn or painted on any surface of any building
structure or other facility" and asked if a fence was defined as a structure
and suggested changing the wording to read "...on any surface or any building
structure..." The Chief advised that the language change would be made so
fences would be included and the City Attorney concurred.
Councilmember Age asked that a six month report be provided to Council
advising them of the effectiveness of the ordinance.
After some discussion, the Chief stressed the importance of calling the
department so they have an opportunity to read the graffiti rather than
painting over it immediately.
Regarding any reward, the ordinance stated that each reward granted situation
is to be brought to Council for their affirmation.
It was moved by Councilmember Partin and seconded by Councilmember Nicholson
to adopt a Resolution by title only, title as follows, establishing a reward
of $500 for information leading to the identity, arrest and conviction of
persons responsible for acts of graffiti vandalism.
RESOLUTION N0. 4234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA
ESTABLISHING TERMS AND CONDITIONS OF A REWARD FOR INFORMATION LEADING TO
THE IDENTITY AND ARREST AND CONVICTION OF PERSONS WHO APPLY GRAFFITI IN
THE CITY.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CITY COUNCIL MINUTES August 23, 1993
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to approve the first reading of the Ordinance by title only, title as follows,
relating to the prevention, prohibition and removal of graffiti and
establishing reward and penalties for arrested and convicted offenders.
Councilmember Bowman voiced the opinion that he was uncomfortable with the
section on merchant liability, but would support the motion.
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING IN FULL ARTICLE VI OF CHAPTER 5 OF THE CODE OF THE CITY OF
CYPRESS, RELATING TO THE PREVENTION, PROHIBITION, AND REMOVAL OF
GRAFFITI AND ESTABLISHING REWARD AND PENALTIES FOR ARRESTED AND
CONVICTED OFFENDERS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry encouraged the Chief to provide this information to the Chamber of
Commerce for their newsletter as soon as practical.
Councilmember Partin asked the members of the press to mention the passage of
a graffiti ordinance in the City of Cypress.
Mayor Kerry requested staff draft a letter for her signature to send to other
cities regarding reciprocity.
CONTINUATION OF CONSIDERATION OF AN ORDINANCE PROHIBITING SKATEBOARDING,
ROLLER-SKATING AND BICYCLING IN CERTAIN DESIGNATED AREAS: The City Manager
requested the Police Chief present the staff report dated July 20, 1993, which
explained the current existence of threat of injury and property damage caused
by skateboarding and roller-skating in certain public and private areas. The
most common areas being accessed by these devices are in front of businesses,
commercial establishments, recreational areas and educational facilities. The
two areas of concern brought to the attention of the Cypress Police Department
were Cypress College and the banking facility located at Ball Road and
Bloomfield Street. A slide presentation of the property damage at Cypress
College and the commercial facility created by the skateboarders and roller-
skaters was shown.
Mr. Elma Clamp, 1043 Liberty Lane, Anaheim, Vice President-- Cypress College,
thanked the Council for taking an action on the graffiti and he considered
skateboarding a similar problem, with some added dimensions of safety and
property damage.
Ms. Sharon Jones, 6642 Chamois Circle, Cypress, a student at Cypress College,
expressed the concern for the safety of the students at the college.
Councilmember Age asked the City Attorney to draft an ordinance but did not
wish to include bicycles in that ordinance. Councilmember Nicholson remarked
that she did not want to ban skateboards, roller-skates and bicycles
throughout the City. She would prefer the Dana Point ordinance and to start
the fines at $50.00.
The City Manager suggested the proposed ordinance include an estimated amount
to cover the signage and the estimated cost of enforcement for a year's period
of time, with the application process to include a fee to recoup the City's
costs.
Councilmember Bowman felt that the problems need to be separated as to the
enforcement of the ordinance and who is going to pay for the enforcement. He
suggested that whoever perpetrates the crime pay for the enforcement and any
individual property owner in the City should have the right to be protected
without coming in and applying for special relief.
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CITY COUNCIL MINUTES August 23, 1993
It was moved by Councilmember Bowman and seconded by Councilmember Partin to
direct the City Attorney to draft an ordinance prohibiting the riding of
skateboards, roller-skates, roller-blades, bicycles, or similar devices in
designated areas, both on public and private property. Councilmember Bowman
clarified that the property owner would post his property citing the ordinance
prohibiting skateboarding.
After some discussion, Councilmember Age suggested that only skateboards be
covered under the ordinance and Councilmembers Partin and Bowman concurred and
would amend their motion. Mayor Kerry will not support the motion.
Councilmember Nicholson will support the motion but only for skateboards.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin
NOES: 1 COUNCILMEMBERS: Kerry
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry requested a report in six months on the amount of Police time and
cost spent on this ordinance. The City Attorney will bring back a draft of a
proposed ordinance for the September 27, 1993 meeting.
CONSIDERATION OF FRANCHISE AGREEMENTS FOR SINGLE-FAMILY RESIDENTIAL INTEGRATED
WASTE MANAGEMENT SERVICES AND FOR COMMERCIAL INTEGRATED WASTE MANAGEMENT
SERVICES: The City Manager summarized the staff report dated August 13, 1993,
which described the City's efforts in dealing with State mandates in terms of
integrated waste management and residential and commercial programs in the
areas of recycling, composting, source reduction and education. Many of these
waste management activities require the support and assistance of the City's
franchise hauler. On-going negotiations with Briggeman Disposal have resulted
in two new franchise agreements for residential and commercial services. The
commercial franchise fee will be 10%, the residential franchise fee will be 8%
and will generate approximately $158,000 per year. The terms of the franchise
agreements are ten years, effective September 1, 1993.
After a question and answer period on charges for multi-family recycling
programs, Mr. George Briggeman, Jr., explained that most apartment complexes
have three yard container bin services and the landlord is billed for that
service.
Councilmember Age suggested that a notice on the twice-a-year bulk waste
collection be inserted in the water bill. Mayor Kerry requested that the
twice-a-year collection notice be included with the rate increase notice. She
also requested an annual report reviewing the status of the twice yearly
pickups.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to adopt the Resolutions by titles only, titles as follow, approving the
Agreements between the City of Cypress and Briggeman Disposal Services, Inc.
for Single Family Residential and Commercial Integrated Waste Management
Services.
RESOLUTION NO. 4235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
AGREEMENT BETWEEN THE CITY OF CYPRESS AND BRIGGEMAN DISPOSAL SERVICES,
INC., FOR SINGLE-FAMILY RESIDENTIAL INTEGRATED WASTE MANAGEMENT
SERVICES.
RESOLUTION N0. 4236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
AGREEMENT BETWEEN THE CITY OF CYPRESS AND BRIGGEMAN DISPOSAL SERVICES,
INC., FOR COMMERCIAL INTEGRATED WASTE MANAGEMENT SERVICES.
The motion unanimously carried by the following roll call vote:
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CITY COUNCIL MINUTES August 23, 1993
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Responding to Councilmember Bowman regarding curbside recycling, Jamie Herbon
reported that the City is achieving almost 24% diversion and the overall
disposal rate has dropped considerably since 1990.
CONSIDERATION OF APPOINTMENT TO THE CYPRESS CABLE TELEVISION COMMISSION:
Mayor Kerry noted that CATV Commissioner Parish's term will expire in December
1993, but he would be eligible for reappointment. The City Council had
conducted oral interviews of three of the applicants for the Cypress Cable
Television Commission earlier in the evening.
It was moved by Councilmember Nicholson and seconded by Councilmember Bowman
to nominate Louie Giampapa for the single vacancy on the CATV Commission. The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Kerry requested that letters be sent to all the candidates to encourage
their continued involvement.
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 5960 -
6218: It was moved by Councilmember Bowman and seconded by Councilmember
Nicholson to approve Warrants No. 5960 through 6218 in the amount of
$856,441.72. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Recreation & Park District Matters:
CONSIDERATION OF THE CULTURAL ARTS PLAN UPDATE: The City Manager reviewed the
staff report dated August 23, 1993, which was prepared by the Recreation and
Park Director, to update the Council on the activities of the Cultural Arts
Steering Committee and the Cultural Arts Plan. The Plan will be submitted to
the City Council in October for approval and implementation. The Director of
Recreation and Park Director explained the status report and the request of
the Planning Committee for any additional direction from Council on the four
focus areas that have been developed.
Councilmember Nicholson expressed her interest in being apprised of the
contact with Forest Lawn on any possible fund development.
It was moved by Councilmember Bowman and seconded by Councilmember Nicholson
to receive and file the staff report. The motion unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Regarding Item No. 13, Consideration of Acceptance of "Cypress Senior Citizens t
Center," Public Work Project No. 9033, Mayor Kerry asked for an update of this
project for the next Council meeting.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mayor Kerry read the two proclamations from the City of Cypress that she had
signed regarding "Constitution Week" and "Try America Day."
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CITY COUNCIL MINUTES August 23, 1993
WRITTEN COMMUNICATIONS" For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Kerry adjourned the meeting at 10:10 p.m.
MAYOR OF E CITY OF
ATTEST:
CI Y CLERK F E C OF CYPRESS
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