Minutes 95-11-14MINUTES OF AN ADJOURNED MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 14, 1995
The Adjourned Regular Meeting of the Cypress City Council was
called to order at 7:30 p.m., Tuesday, November 14, 1995 in the
Council Chamber, 5275 Orange Avenue, Cypress, Mayor Pro Tem
Walter K. Bowman presiding.
PRESENT: Councilmembers Carroll, Jones, Kerry and Bowman
ABSENT: Mayor Age
Also present were City Manager/City Clerk Darrell Essex, City
Attorney John Cavanaugh and staff members Kelly and Youssefieh.
CONSIDERATION OF RESOLUTION DECLARING THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995: The City Clerk
presented the staff report dated November 13, 1995, which
revealed that the returns of the Special Municipal Election held
on November 7, 1995 were canvassed by the City Clerk with the
Resolution reciting the fact and declaring the result of the
election, with the City Clerk's Certificate of Canvass attached.
It was moved by Councilmember Jones and seconded by Councilmember
Kerry to adopt the Resolution by title only, title as follows,
reciting the fact and declaring the result of the Special
Municipal Election held on November 7, 1995.
RESOLUTION NO. 4569
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON
NOVEMBER 7, 1995, AND DECLARING THE RESULT AND SUCH OTHER
MATTERS AS PROVIDED BY LAW.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll,
Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
Jones, Kerry and
In accordance with Section 1 of the above Resolution No. 4569,
the following is a statement of the results of said election.
That the whole number of votes (ballots) cast in the
precincts except absent voter ballots and provisional
ballots was 7710. That the whole number of absent voter and
provisional ballots cast in the City was 2474, making a
total of 10,184 votes (ballots) cast in the City.
That the Special Municipal Election was held for the purpose
of submitting to the voters of the City the following
questions:
Shall Cecilia L. Age be recalled (removed)
from the office of Member of the City Council
YES
NO
Candidates to succeed Cecilia L.
Term Ending November 5, 1996
Burt Cheifer
Regan E. Smith
Age is recalled.
VOTE FOR ONE
Shall Walter K. Bowman be recalled (removed)
from the office of Member of the City Council?
YES
NO
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CITY COUNCIL MINUTES November 14, 1995
Candidates to succeed Walter K.
Term Ending November 3, 1998.
Paula English
Lynda B. Lacayo
Gina Restivo
Bowman
if recalled.
VOTE FOR ONE
Shall Gail H. Kerry be recalled (removed) from
the office of Member of the City Council?
YES
NO
Candidates to succeed Gail H.
Term Ending November 5, 1996.
Tim Keenan
Jerry L. Sharber
Kerry if recalled.
VOTE FOR ONE
YES
NO
That at said Special Municipal Election,
Advisory Measures were submitted to the
City, to wit:
the following
electors of said
MEASURE A
"ARNOLD/CYPRESS PARK RENOVATION. Shall the
City of Cypress consider financing an estimated
$2.5 million for renovations to Arnold/Cypress
Park, including parking lot expansion, a 2,800
sqfuare-foot multi-use center and sports field
and lighting renovations?"
MEASURE B
"RENOVATION AND DEVELOPMENT OF SOCCER SPORTS
FIELDS. Shall the City of Cypress consider
financing an estimated $250,000 cost for field
renovations and field lighting at Lexington Jr.
High School, field renovations for the old Oxford
Jr. High School, and field renovations at Cypress
High School, partially sharing the cost with
American Youth Soccer Organization (AYSO)?"
MEASURE C
"COMMUNITY PARK DEVELOPMENT. Shall the City
of Cypress consider debt financing for an
estimated $35 million for land acquisition of
approximately 30-acres for the construction
of a proposed community park and facilities
located in the area south of Katella Street
and west of Valley View Street, including
restrooms, play equipment, sports fields,
parking, and picnic areas?"
YES
NO
YES
NO
YES
NO
MEASURE D
"MULTI-USE CULTURAL ARTS FACILITY. Shall the
City of Cypress consider financing an estimated
$3 million for land acquisition and building
construction and/or refurbishment for a multi-
use cultural arts facility serving the Cypress
Civic Theatre, children and adult dance programs,
the Cypress Art League and community gallery,
as well as conferences and public rental?"
MEASURE E
"FLOOD CONTROL FACILITIES. Shall the City of
Cypress consider financing an estimated $3.5
million for upgrading storm drain facilities
to provide additional storm drain protection
to Cypress residents?"
YES
NO
YES
NO
CITY COUNCIL MINUTES
November 14, 1995
MEASURE F
"ADULT DAY CARE FACILITY. Shall the City
of Cypress consider financing an estimated
$250,000 to lease and refurbish an existing
3,000 square-foot building to provide
supervised group care to disabled adults?"
MEASURE G
"VETERANS PARK GYMNASIUM AND MULTI-USE
FACILITY - PHASE II. Shall the City of
Cypress consider financing an estimated
$2.5 million for Phase II construction of
a multi-use center containing a gymnasium,
fitness center, public meeting rooms, class-
rooms, shower/locker facilities and staff
offices, located at Veterans Park?"
MEASURE H
"YOUTH SPORTS FIELD LIGHTED FACILITIES.
Shall the City of Cypress consider financing
an estimated $295,000 costs for upgrading
existing lighting on two fields and creating
one new lighted field at Oak Knoll Park,
partially sharing the cost with all sports
programs that are primary users of the
facilities?"
YES
NO
YES
NO
YES
NO
MEASURE I
"FUNDING FOR SPORTS FIELDS AND RECREATIONAL
FACILITIES. Shall the City of Cypress
consider dedicating 20% of the annual
revenue to the City from the Shaw Carpet
Distribution Center for the term of the
lease to improving sports fields and
recreational facilities in the City of
Cypress? (Revenue is estimated to be
between $10 million and $12.5 million
over the ten year lease.)"
YES
NO
The City Council does declare and determine that: As a
result of the election, a majority of the voters voting on
the measure relating to the recall of Cecilia L. Age did not
vote in favor thereof; and that Cecilia L. Age was not
recalled from the office of Member of the City Council; and
a majority of the voters voting on the measure relating to
the recall of Walter K. Bowman did not vote in favor
thereof; and that Walter K. Bowman was not recalled from the
office of Member of the City Council; and a majority of the
voters voting on the measure relating to the recall of Gail
H. Kerry did not vote in favor thereof; and that Gail H.
Kerry was not recalled from the office of Member of the City
Council.
That the number of votes given at each precinct and the
number of votes given in the City for and against each
question and for each candidate are as follows:
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CITY COUNCIL MINUTES November 14, 1995
The two items continued from the City Council meeting of November
13, 1995 were then considered by the Council.
CONSIDERATION OF AUDIT REPORT ON THE FRANCHISE FEES REPORTED BY
BRIGGEMAN DISPOSAL SERVICES, INC.: The City Manager presented
the staff report dated November 6, 1995, to which was attached a
copy of the audit report on the franchise fees reported by
Briggeman Disposal Services, Inc. for the period July 1, 1992 to
June 30, 1995, prepared by Conrad & Associates. The City will
bill Briggeman Disposal for the amount determined to be owed,
$13,071, under the franchise agreement and request them to
provide their quarterly report. According to the franchise
agreement the remaining audit due will be paid within 30 days.
It was moved by Councilmember Carroll and seconded by
Councilmember Jones to receive and file the audit report. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll,
Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
Jones, Kerry and
CONSIDERATION OF A CHANGE IN DENTAL PROGRAMS FOR CITY EMPLOYEES
FROM THE SELF-FUNDED PLAN, FHP, AND SAFEGUARD DENTAL PLANS TO
DELTA DENTAL PLANS: The staff report dated November 7, 1995
recommended converting the existing dental program to a new
dental program which will offer the same type of dental benefits
but through one provider. Delta Dental will offer an indemnity
plan, with a Preferred Provider Organization network to replace
the City's self-funded plan. The Delta Dental plan conversion
would result in a savings to both the employee for the cost of
dental coverage for dependents and to the City for the employee's
premium with the rates guaranteed for two years. With the
exception of one bargaining unit, all employees recommended that
the dental plans be converted to the Delta plan. Responding to
Councilmember Carroll, the Senior Personnel Analyst provided the
cost savings figures for administrative costs and reduced
benefits.
After some discussion, it was moved by Councilmember Carroll and
seconded by Councilmember Jones to change the current dental
plans from the existing self-funded, FHP pre-paid and Safeguard
pre-paid dental plans to Delta Dental Plans effective January 1,
1996, with a two year rate guarantee; and to authorize the
Administrative Services Director to execute the agreement. The
motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Carroll,
Bowman
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Age
Jones, Kerry and
CLOSED SESSION: Mayor Pro Tem Bowman recessed the meeting at
7:50 p.m. to enable the Council to enter into a Workshop/Closed
Session to discuss the need by staff for direction from Council
as to whether to pursue the environmental studies under the filed
projects for two churches adjacent to the race course with a
negative declaration or a supplemental EIR. Staff had
recommended serious consideration of the supplemental EIR. The
meeting reconvened at 8:25 p.m. with all Councilmember present,
except Mayor Age.
The City Attorney reviewed discussions held during Closed Session
on exposure to litigation on the issue of church uses in the
Cypress Business and Professional Center Specific Plan.
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CITY COUNCIL MINUTES
November 14, 1995
At this time, Mayor Pro Tem Bowman directed staff to proceed with
an Environmental Impact Report supplement and also a Specific
Plan Amendment. Councilmember Kerry added that the process be
expedited as quickly as possible.
ADJOURNMENT: Mayor Pro Tem Bowman adjourned the meeting at 8:30
p.m. to 5:00 p.m., Monday, November 27, 1995 in the
Administrative Conference Room.
MAYOR PRO TEM OF THE CITY OF CYPRESS
ATTEST:
CIT? ~L/~K~OF'TRE~fTY OF CYPRESS