Minutes 95-09-25
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4:
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
september 25,1995
The Regular Meeting of the Cypress City Council was called to order at 4:00 p.m.,
Monday, September 25,1995 in the Administrative conference Room, city Hall, 5295
orange Avenue, cypress, by Deputy City Clerk Lillian M. Haina.
PRESENT:
ABSENT:
None
Councilmembers Bowman, carroll, Jones, Kerry and Age
RECESS: The Deputy City Clerk recessed the meeting at 4:05 p.m. due to a lack of a
quorum. The meeting was reconvened at 5:00 p.m. by Mayor cecilia L. Age noting that
all Council members were present. Also present was the City Manager/City Clerk Darrell
Essex.
INTERVIEW SESSION: Consultants - Recruitment Process for the Position of City Manager.
Councilmembers interviewed Alex MCintyre and Norman Roberts, with the consulting
firm of Norman Roberts, for the replacement of the City Manager upon his retirement
at the end of the fiscal year.
RECESS: Mayor Age recessed the meeting at 5:30 p.m. to enable the Council to continue
the meeting in the Council Chamber. The meeting reconvened at 5:40 p.m.
PRESENT:
ABSENT:
Council members Bowman, carroll, Jones, Kerry and Age
None
Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh
and staff members Bacock, Christoffels, Decarlo, KellY, Krauss and storey.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one spoke.
CONSIDERATION OF AWARD OF CONTRACT FOR TWENTY (2m POLICE HANDHELD
RADIOS/CHARGERS: The City Manager asked Police captain Krauss to present the staff
report dated september 12,1995 requesting the purChase of 18 handheld portable
radios, which had been authorized during the 1995/1996 budget process. Bids were
received from three vendors for 20 radios, six individual chargers and one unit charger.
It was moved by Councilmember Carroll and seconded by Councilmember Bowman to
accept the bid received from Communications center, 2201-A East Winston Road,
Anaheim,California 92806, as the lowest responsible bidder and award a contract of the
purChase of 20 handheld radios and appropriate $7,498.62 from Account No. 4113-11-163-
05 and $6,000.00 from Account No. 4113-11-165-05 for the purchase of the radios. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF A VEHICLE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT: The
community Development Director was asked by the City Manager to review the staff
report dated September 14,1995 requesting a replacement vehicle for her department.
At the time, the anticipated cost for a new replacement vehicle was $12,000. When the
City went to bid, the vehicle on which the price was based was no longer manufactured
and the vehicles in this price range are compact vehicles which do not serve the needs
of the department. The City mailed out 13 bids at the end of August to various
southland dealershiPs and a total of three bids were submitted. Staff requested that
City Council approve an increase of $5,355.02 toward the purchase of a vehicle.
Council member Carroll's expressed his concern on spending taxpayers money on
vehicles which he questioned were really needed.
It was moved by Councilmember Bowman and seconded by Council member Kerry to:
1. Appropriate $5,355.02 from the balance of the Central Service Fund to Account
No. 4365-90-659-39.
2. Authorize the purchase of one 1995 Ford Taurus from Downey Auto center, 9500
Lakewood Blvd., Downey, CA 90240 based on the bid submitted, In an amount not
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CITY COUNCIL MINUTES
September 25,1995
to exceed $5,355.02, added to the approved $12,000 amount in the 1995/96
budget.
The motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age
1 COUNCILMEMBERS: Carroll
o COUNCILMEMBERS: None
CONSIDERATION OF RENEWAL OF CONTRACT FOR CUSTODIAL SERVICES: The staff report
dated september 18, 1995 was presented by the Public Works Director as requested by
the City Manager. The City currently contracts for custodial services from Advanced
Building Maintenance company to maintain the Civic center. speCifications were
upgraded and Requests for Quotations were formally advertised in 1993. Advanced
Building Maintenance has submitted a proposal to renew their contract for an additional
two year period with no increase in cost.
Councilmember carroll advised that he did have a problem with automatic renewals In
the public sector and this has also been brought up by citizens at Council meetings. He
would suggest this contract be bid. Councilmember Bowman agreed that this contract
be placed for bid. Councilmember Kerry said she did not have a problem with a four
year contract especially with no increase in the contract, but given what was stated at a
previous Council meeting she felt the bid process needs to be exercised.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
reject Advance Building Maintenance Company's proposal and direct Staff to solicit
competitive bids for the City'S custodial maintenance contract. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT TO THE RESOURCE GROUP FOR PARTICIPATION IN
THE ORANGE COUNTY BUSINESS SURVEY: The City Manager presented the staff report
dated September 19,1995 which described a meeting between the City, the cypress
College President and a representative of The Resource Group. This is a joint
sponsorship project whereby public and private entitles support a comprehensive stUdY
of the county's business community to gain information regarding business
characteristics, retention and expansion opportunities, job categories and vacancies and
required workforce skills. The community Development Director noted that Stewart Van
Horn, the Director of Program Development for The Resource Group, was present to
answer questions.
Mayor Age did not feel it was proper to spend the money at this time when there was
not a problem.
Mr. Van Horn informed the Council that this was a cypress college program and the
contract would be with that agency. The Resource Group is the consultant the college
has engaged to conduct this business retention and economic advancement project.
They are asking the City to join a regional effort to find out what can be done to
identify businesses that feel they need business retention efforts to continue within the
City. It also provides a focus for the City's existing efforts.
After some discussion, Mayor Age stated that she could not support this project or the
expenditure of $7,500. She would definitely vote no because it is a complete waste of
funding.
The City Manager advised that the money to get the data this survey would produce Is a
very reasonable amount and participating with Cypress college is another key element.
He recommended approval.
Councilmember Carroll believed that the association with cypress College would be
useful and it appeared to be money well spent. Councilmember Bowman concurred
and he moved to award a contract for an amount not to exceed $7,500 to The Resource
Group for partiCipation in the orange County Economic Advancement Project and
appropriate $7,500 from the unreserved General Fund balance to Account No. 4189-11-
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CITY COUNCIL MINUTES
september 25,1995
117-02 (professional Services - community Promotion). The motion was seconded by
Councilmember Carroll and the motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Kerry
1 COUNCllMEMBERS: Age
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF PARKING STUDY CONTRACT FOR THE LOS ALAMITOS RACE
TRACK PROPERTY: The Public Works Director summarized the staff report dated
september 25, 1995 in which staff requested the stUdy and the necessary appropriation
to hire a consultant for a parking needs study for the Los Alamitos Race Track property.
Three proposals were reviewed and an award of contract to Kimley-HOrn and Associates,
Inc. in the amount of $6,390 was recommended. The Development Agreement
stipulated that Planning Area 8 of the Specific Plan maintain a minimum of 6,500 parking
spaces and if either the City or the Property owner desired to change this amount, a
parking stUdy will be performed. In accordance with the Development Agreement with
the property owner, the City is liable for half the costs of such a studY.
Council member Jones questioned if the City was responsible for the cost of doing the
parking stUdy.
The City Attorney advised that he is not aware of the specifies of the Agreement and
would not make a determination now.
The City Manager said that if there is not an urgency, he would like to defer this item.
The community Development Director cautioned that the delay could impact the
processing of the two churches.
It was moved by Councilmember Jones and seconded by Council member Kerry to
continue this item to the Council meeting of October 10,1995. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o 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 Jones asked that Item No. 17, Appropriation of $30,000 from the
Unreserved Fund Balance of the General Fund be pUlled. Council member Carroll
requested that Items NO. 13, 18 and 22, Adoption of a Resolution Approving the Used Oil
Recycling working Group Joint Powers Agreement and Approval of the First
Amendment, Fiscal Year 1994-95 carry Over of Appropriations, Encumbrances and
Resources for the City and Athletic Field Lighting Increase, respectively, be pUlled.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
approve the Consent Calendar Items NO.6 through 22, with the exception of Items NO.
13,17,18 and 22. The motion unanimously carried by the fOllOWing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIlMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.6: Motion to APprove City Council Minutes of september 11,1995.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
september 11, 1995, as submitted.
Item NO.7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title only and to waive Further Reading.
Item NO.8: Consideration of Design Review Committee'S Approval of DRC #95-44 and DRC
#95-47 - with conditions.
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CITY COUNCIL MINUTES
september 25,1995
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permits NOS. 95-44 and 95-47 - with
conditions.
RESOLUTION NO. 4534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-44 - WITH CONDITIONS.
RESOLUTION NO. 4535
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-47 - WITH CONDITIONS.
Item NO.9: Consideration of Adoption of a Resolution Supporting the Rotary
International's "Four-way Test" and proclaiming October 1995, as the "Four-way Test
Month" in the City of cypress.
Recommendation: That the City Council adopt the Resolution by title only, title as
fOllOWS, supporting the Rotary International's "Four-way Test" as rules to live by and
officially proclaim October 1995, as the "Four-way Test Month" in the City of cypress.
RESOLUTION NO. 4536
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE
ROTARY INTERNATIONAL'S "FOUR-WAY TEST: AS RULES TO LIVE BY AND PROCLAIMING
OCTOBER 1995, AS "FOUR-WAY TEST MONTH" IN THE CITY OF CYPRESS.
Item No. 10: Consideration Of an Application for Alcoholic Beverage License Transfer
Filed by Amaya Maria De La Luz, D.B.A. Oasis Mini Market, 9175 valley View street, cypress.
Recommendation: Receive and file.
Item NO. 11: Consideration of Proclaiming the Month of October 1995, as "United way
Month" in the City of cypress.
Recommendation: That the Mayor and City Council OfficiallY proclaim the month of
October 1995, as "United way Month" in the City of cypress.
Item No. 12: Consideration of Employment List - Associate (Clvill Engineer.
Recommendation: Receive and file.
Item No. 14: Consideration of Approval of the Plans and Specifications, and
Authorization to Advertise the project for Bid of the Installation of a Right Turn Lane for
Southbound valley View Street at Katella Avenue, PUblic Works project No. 8964.
Recommendation: That the City CounCil: 1) Approve the Plans and Specifications for the
installation of a right turn lane for southbound valley View Street at Katella Avenue; and
2) Authorize staff to advertise the project for bid.
Item NO. 15: Consideration of Information on the City'S Maintenance Obligations With
Respect to the county Library Building Located at the Civic Center.
Recommendation: Receive and file.
Item No. 16: Consideration of Acceptance of project for Construction of Retaining Wall
at Newman/Nancy Intersection and Storm Drain Pump Station NO.2, Public Works Project
No. 9401.
Recommendation: That the City Council: 1) Accept the Construction of Retaining Wall at
Newman/Nancy Intersection and Storm Drain Pump Station NO.2, Public Works Project
No. 9401, as being satisfactorily completed In conformance with the project
specifications; 2) Approve the final retention payment to Pioneer Masonry, Inc., P.O. Box
1295, Artesia, CA 90702-1295, thirty-five (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 the one-year guarantee period.
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CITY COUNCIL MINUTES
september 25, 1995
Item No. 19: Consideration of a Resolution Making Certain Findings in Connection With a
Disability Retirement Application for a Police Officer.
Recommendation: That the City Council adopt the Resolution by title only, title as
fOllOWS, setting forth the industrial disability retirement for a Police Officer based on an
established medical record.
RESOLUTION NO. 4537
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING CERTAIN
FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT.
Item NO. 20: Consideration of Acceptance of Final Tract Map No. 15189 (5602 sprague
Avenuel.
Recommendation: That the City Council approve Final Tract Map NO. 15189 and
authorize the City Clerk to sign the Record Map.
Recreation & Park District Matters:
Item NO. 21: Consideration of Fiscal Year 1994-95 carry Over of Appropriations,
Encumbrances and Resources for the Recreation and Park District.
Recommendation: That the City council, acting as the ex officio Board of Directors of
the Cypress Recreation and Park District: 1) Authorize the appropriation of funds in
Fiscal Year 1995-96 for the carry over items as detailed In Attachment A and summarized
as follows:
12
83
General Fund
Central Services Fund
S 628,691
12.736
S 641,427
2) Authorize the appropriation of funds in Fiscal Year 1995-96 for items encumbered at
June 30, 1995, as detailed in Attachment B and summarized below:
12
83
General Fund
Central Services Fund
S 81,891.25
2.582.32
S 84,473.57
END OF CONSENT CALENDAR
Regarding Item No. 13, Consideration of Resolution Approving the Used 011 Recycling
working Group Joint Powers Agreement UPA) and Approval of the First Amendment
Adding the Cities of Cypress and Artesia to the Used Oil Recycling working Group, public
Works Project No. 9323, Councilmember Carroll asked why the City was joining the JPA.
The Public Works Director reported that there may be grant funds the City could apply
for to pay for part of the replacement of the underground tank at the Maintenance
Yard. It was moved by Councilmember Carroll and seconded by Councilmember Kerry
that the City Council: 1) Adopt the Resolution by title only, title as fOllOWS, approving
the Used Oil Recycling working Group Joint Powers Agreement; 2) Approve the First
Amendment to Cities for Used Oil Recycling working Group Joint Powers Agreement; 3)
Authorize the Mayor to execute said Amendment; and 4) Adopt the Resolution by title
only, title as follows, approving the Used Oil Recycling working Group Joint Powers
Amendment to include the cities of cypress and Artesia in the Cities for Used Oil
Recycling working Group.
RESOLUTION NO. 4538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE USED
OIL RECYCLING WORKING GROUP JOINT POWERS AGREEMENT WITH THE CITIES OF
BELLFLOWER, BELL GARDENS, DOWNEY, GARDENA, LAKEWOOD, LAWNDALE,
MONTEBELLO, AND ARTESIA FOR THE IMPLEMENTATION OF THE STATE OF CALIFORNIA
SPONSORED USED MOTOR OIL RECYCLING GRANT PROGRAM, PUBLIC WORKS PROJECT
NO. 9323.
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CITY COUNCIL MINUTES
september 25,1995
RESOLUTION NO. 4539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE FIRST
AMENDMENT TO THE CITIES FOR USED OIL RECYCLING WORKING GROUP JOINT POWERS
AGREEMENT TO ADD THE CITIES OF ARTESIA AND CYPRESS TO SAID WORKING GROUP,
PUBLIC WORKS PROJECT NO. 9323.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In regard to Item No. 17, Consideration of Appropriation of $30,000 From the
Unreserved Fund Balance of the General Fund for the Replacement of the Civic Center
Gas Main, Council member Jones asked who would be doing the work. The Public Works
Director advised that a contractor would repair the gas main. Also the meter needs to
be replaced and the project has gone out to bid. It was moved by Councilmember
Jones and seconded by Councilmember Kerry to authorize the transfer of $30,000 from
the unreserved fund balance of the General Fund to Account Number 4186-11-470-24 for
the emergency replacement of the Civic Center gas main. The motion unanimouslY
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
With regard to Item No. 18, Consideration of Fiscal Year 1994-95 carry Over of
Appropriations, Encumbrances and Resources for the City of cypress, Councilmember
Carroll asked about the short term financing monies. The Finance Director said that last
year the City issued a TRAN for 13 months and the actual payment came due in July as
opposed to June; therefore, the appropriation from last year is carried over to make
that payment. He then provided some further explanation on several of the
appropriation items. It was moved by Councilmember Carroll and seconded by
Councilmember Kerry to: 1) Authorize the appropriation of funds in Fiscal Year 1995-96
for the carry over items as detailed in Attachment A and summarized as follows:
11
22
35
36
37
38
39
90
General Fund
Special Gas Tax Fund
Civic Center Redevelopment Fund
CRA Low & Moderate Housing Fund
Lincoln Ave Redevelopment Fund
Race Track Redevelopment Fund
Measure M Gas Tax Fund
Central Services Fund
$4,357,973
210,464
325
325
325
325
139,773
923.512
$5,633,022
2) Authorize the appropriation of funds in Fiscal Year 1995-96 for items encumbered at
June 30, 1995, as detailed in Attachment B and summarized below:
11
25
35
37
38
39
40
89
90
General Fund
Lighting District Fund
Civic Center Redevelopment
Lincoln Ave Rehab
Race Track Redevelopment
Measure M Gas Tax Fund
AB 2766 Fund
Print Shop Fund
Central Services Fund
$622,527.86
4,530.50
9,972.10
11,440.14
6,787.10
66,023.59
7,250.90
441.78
4.834.07
$733,808.04
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
september 25,1995
Regarding Item NO. 22, Consideration Of Athletic Field Lighting Increase, Councilmember
Carroll asked if an 8% subSidY was normal for Recreation & Park Services. The Recreation
& park Director stated that the costs to maintain the fields are much greater than the
8%, but the policy is to charge the incremental costs. It was moved by Council member
Carroll and seconded by Councilmember Kerry that the City council, acting as the ex
officio governing Board of Directors of the Cypress Recreation and Park District approve
an increase for sports field lighting from $9 per hour to $10 per hour, as recommended
by the Recreation and Community Service Commission. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CLOSED SESSION: Mayor Age recessed the meeting at 6:50 p.m. to allow the Council to
enter into Closed Session to discuss the agendized matter of Conference with Legal
Counsel on one case of Anticipated Litigation (Government Code Section 54956.9(bl. The
meeting reconvened at 7:33 p.m. with all Council members present. Also present were
staff members Bacock, Christoffels, Decarlo, Kelly, Krauss and storey.
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman.
PRESENTATIONS:
Council member Bowman introduced the presentation to be given to the Boy Scouts of
America, orange County Council. Mr. Darin Drabing, on behalf of The Forest Lawn
Foundation, presented a check in the amount of $129,000 to MS. Shannon paradzick who
stated that the money will be used for the BOY Scouts' Learning for Life Program. A
Certificate of Appreciation was bestowed upon The Forest Lawn Foundation by Mayor
Age.
The Recreation & parks Director accepted a donation from Mr. Reynold Elkin, Treasurer
of the Friends of the Cypress Recreation and parks, along with President Ron Whitney
and Director George Hallak, of $532.67 for the installation of four soccer goals. They will
also be co-sponsoring the upcoming Halloween carnlvai and presented the City with a
$1,000 check for that event.
The City Manager reported on the interview session held with the consulting firm of
Norman Roberts and he then summarized the actions taken by the Council during the
5:30 p.m. portion of the Council agenda.
The City Attorney reviewed discussions held during Closed Session on the anticipated
litigation item involving the Cable TV Issue with special legal counsel Mr. William
Martlcorena.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Don wesling, 11431 Anegada street, Cypress, mentioned that one year ago the Shaw
warehouse was approved by that Council. The vote was taken despite hundreds of
objections and all the citizens asked for was more time. The Council would not
reconsider their vote on this project after being asked to do so by the citizens.
Mr. Peter Woodington, 6325 San Andres Avenue, Cypress, commented on Doris Allen, her
political career and the Mayor's trip to Sacramento. He expressed his concern about the
treatment the Postmistress received at the last City Council meeting.
Ms. Kathy Simcox, 6143 Trinidad Avenue, cypress, also commented on the treatment the
postmistress received at the last Council meeting. She read Webster'S definition of
"cheat." She asked who the City Council really represented, she mentioned the Planning
and CUP logs and it appeared the City is being run by people who care only about
money.
MS. Jo Dutro, 10002 st. stephen cr., Cypress, discussed the interview with Mr. Tony Smith
on the september 12 OCN broadcast. She mentioned the money that was received by
the Citizens for Sensible Development group from cypress Land company and that it
had nothing to do with the recall effort.
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CITY COUNCIL MINUTES
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Mrs. Susan creager, 4701 Ariano Drive, Cypress, informed the Council that the
information given to them by the City Attorney was inaccurate. Her lawsuit is still active
and she addressed the accusations made by the City Manager.
Mrs. Regan Smith, 6033 Trinidad Avenue, cypress, commented on the somber tone of
the meeting and the decision made a year ago despite grave concerns expressed by the
citizens. She said she was remiss in not paying attention to City government for the last
20 years, she assumed they were doing the right thing and she hoped every citizen
would take more interest in their local government.
Mr. Loren Van Tuyl, 9542 Margaret street, cypress, addressed a flyer that he had from
the cypress Recall Committee and read a paragraph. He asked the amount of money
that they had received from Cypress land Company.
Mr. Bob Pepper, 6273 Trinidad Avenue, Cypress, stated that everything that they have
said is documented and they haven't make anything up. He said that if the citizens
want to know how much money was involved, they should ask Mr. Harvey because he
didn't want it announced.
Council member Kerry clarified with Mr. Pepper again that she abstained on the
Briggeman Contract and somebody is not telling the truth on that issue.
Ms. Jane wozniak, 4480 Avenlda Granada, cypress, stated that the citizens have listened
to the rhetoric for months, it doesn't vary and it's the same thing every time they come
to the podium. We have listened to them and are sick and tired of it.
Ms. Paula English, 5975 Suva way, Cypress, said she was a candidate for City council, she
lives in the south and she does not have contributions from the Recall Committee or the
Citizens for Sensible Development. She requested that unverified accusations not be
made.
Lt. Jim weuve, Cypress police Department, representing the Cypress Police Management
Association, maintained the strong belief that members of law enforcement should
remain outside politics and hoped his comments would be received in that light. He
addressed the growing amount of criticism directed at two professionals, the City
Manager and the City Attorney, and expressed appreciation for those two individuals'
dedication.
Councilmember Bowman suggested that everyone view the tape of the July 11 Council
meeting. He had applied for the postal permit, he posted the money and those are the
facts.
Councilmember Jones mentioned the information she had received from the California
League of Cities regarding an agreement with the City of Mission ViejO and orange
county for the transfer of library services to that city. She suggested that some
exploration be done as to its effect on the City if those responsibilities were assumed.
The City Manager would report back to Council.
Council member Jones brought up the letter received from the orange County Fire
Authority asking Council to approach Supervisor Silva regarding the potential
termination of some essential financial services that the county has been providing to
the Authority. The Authority is asking the City to contact Supervisor Silva asking them
to approve the essential transitional services, delete the requirement to pay the
disputed claims until some type of agreement is reached and not tie the two together.
The City Attorney advised that this item be added to the agenda on an emergency basis.
Council member Carroll said he did call Supervisor Silva's office today and told them that
he supported the original agreement. It was moved by Council member Jones and
seconded by Council member Kerry to add this item to the agenda as Item NO. 30A. The
motion unanimOUSly carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Council member Carroll mentioned Lt. Weuve's comments and his belief in separating law
enforcement from pOlitics and he commended Lt. weuve on his fine job.
ORAL COMMUNICATIONS: For Clarification of Matters Not on the 7:30 P.M. Agenda.
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CITY COUNCIL MINUTES
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Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, asked for ciarification Item NO. 23 on
the Agenda. She had reviewed the file and noticed a letter from Mark Armbruster
requesting that the pUblic hearing be continued until late in October. Her concern was
on the pUblic comment period and asked if there would be new information from the
consultants.
The City Manager responded that the Council will take and receive testimony that
evening from the consultants and the public.
MS. Simcox would like to have Item No. 29, Status Report Regarding Construction Related
Activates in the cypress Business park, opened for public comment because the
problems continue. Mayor Age agreed to ask for public comment.
Mrs. Regan Smith asked for clarification on the public hearing. The City Attorney
advised when the public hearing has not been closed, it can be continued without
renoticing.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-
11. OFFICEIWAREHOUSE/DISTRIBUTION SPECULATIVE BUILDING. 11261 WARLAND DRIVE,
CYPRESS: Mayor Age stated that a letter had been received from Mr. Mark Armbruster,
representing cypress Land company, requesting that the public hearing be continued
until October 23, 1995 due to a conflict with certain of their consultants' schedules. The
City Manager advised that the next City Council meeting would be Tuesday, October 10,
1995 because of the Columbus Day holiday. The request for the continuance to October
23,1995 cannot be honored because of a conflict with the League of Cities Conference,
so the first meeting in November would be the earliest date.
It was moved by council member Bowman to continue the public hearing to November
13,1995.
The City Attorney suggested that the hearing be renotlced if it is going to be that long.
Councilmember Jones suggested that the public hearing be opened and take public
comment tonight to start the process.
Council member Bowman commented that he has never seen this Councilor any other
City Council take public comment without the applicant present.
The City Attorney reported that there is no strict legal requirement to renotice the
hearing again, but usually when you have a space of more than 30 days it is USUally
renoticed. He recommended that the hearing be renoticed.
Council member Bowman agreed to amend his motion to include renotlcing of the
pUblic hearing and the amended motion was seconded by Councilmember Kerry. The
motion carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
1 COUNCILMEMBERS: Jones
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-
12, DRIVE-THROUGH RESTAURANT WITH MODIFIED SIGNAGE AND NEON TUBING. 6002 LINCOLN
AVENUE: Mayor Age referred to the staff report dated september 18,1995 in which the
applicant asked for a continuance of the public hearing.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
continue the hearing to October 10, 1995. The motion unanimously carried by the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: REGULATION OF BASIC RATES FOR
COPLEY/COLONY CABLEVISION OF CYPRESS, INC.. AND ADOPTION OF A RESOLUTION
ESTABLISHING MAXIMUM PERMITTED RATES FOR REGULATED CABLE PROGRAMMING SERVICES.
EQUIPMENT AND INSTALLATION. INCLUDING A REFUND FOR EXCESSIVE RATES: Mayor Age
opened the public hearing. The City Manager requested the Administrative Services
Director summarize the staff report dated September 20,1995, which would provide the
9
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CITY COUNCIL MINUTES
september 25,1995
completion of the compliance review of Cable TV rates and charges for various services.
After copley/Colony filed the appropriate forms, the information was analyzed by
consulting firms. The result of the analysis and correction of information was
incorporated into a resolution and set forth rate orders for copley/colony to follow.
copley/Colony submitted a letter indicating the refund liability as it related to the rate
orders and the total amount of refunds is $161,200. The intent is to implement the
refund plan commencing October 1, 1995.
Mr. Michael Friedman, Telecommunications Management corporation, stated he was
responsible for examining the 1200 series of forms which dealt with rates starting July
14,1994 for basic cable service (lifeline) as well as the equipment rates and installation
charges. He explained the difference in the FCC 1200 series forms. An item that is still in
dispute is the possessory interest tax on the subscriber bill for a tax imposed by the
county of orange.
Responding to Councilmember carroll, Mr. Friedman replied that the subscriber should
expect to see a reduction in Tier 1; a disappearance of the premium plus rate; remote
and converter rate increase; installation rates will Increase and a relatively substantial
refund of $16.00 plus depending on the class of subscriber.
Mr. Jeff Davis, present on behalf of Copley/Colony, stated that he generally concurred
with the remarks of staff and the consultant. The rates that have been calculated are in
accordance with the FCC rules and regulations. He requested that the Council consider
not taking action one way or the other on the possessory interest tax. copley is set to
initiate the refund plan on October 1,1995, reducing the amount from $1.02 to $.23,
holding in abeyance the difference between $.23 and zero.
Mr. William Martlcorena, Rutan & Tucker, special counsel to the City for Cable Television,
provided some history on the possessory interest tax issue. It is Counsel's position that
the Cable operator has failed to justify the possessory interest tax. The Council has the
option of continuing the item to allow the operator additional time to attempt to
provide additional information on the possessory interest tax. If complete action is
taken tonight, the cable operator has 30 days to appeal that decision to the FCC.
Mayor Age advised that, in the future, Council would ask the CATV Commission to
become involved in rate regulation.
Mayor Age asked if anyone wished to speak in support of or in opposition to the rate
regulation. No one spoke.
It was moved by Council member Bowman and seconded by Council member Kerry to
close the public hearing, adopt the Resolution establishing the maximum permitted
rates for FCC Forms 1200 and 1205 and accepting the refund plan under FCC Form 393
submitted by copley/colony Cablevision and modified by the City's Auditor.
RESOLUTION NO. 4540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING MAXIMUM
PERMITTED RATES FOR REGULATED BASIC CABLE SERVICES AND EQUIPMENT, ORDERING
REFUNDS FOR EXCESSIVE RATES AND APPROVING A REFUND PLAN FOR PAST RATE
OVERCHARGES.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Mr. Marticorena advised that they will continue working with COpley during the next
two weeks and if they present evidence, it will be returned to Council for an
amendment to the Resolution.
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT. MR. L. ALAN
GILREATH. D.B.A. GILREATH ENTERPRISES. INC.. 4212 PARK VERDI. CALABASAS. CA 91302:
Mayor Age declared the public hearing open. The City Manager summarized the staff
report dated september 18,1995, which described the application for a Special Permit
to allow door-to-door solicitation of pre-packaged food and snack items filed by Mr. L.
Alan Gilreath. The Affidavits of publication and posting of the Public Hearing Notice on
10
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55
CITY COUNCIL MINUTES
september 25, 1995
this matter are on file in the Office of the City Clerk and, as of this date, no written
communications have been received either in favor of or in opposition to this permit
application. The applicant was requested to be present at the hearing to answer any
Questions the Council may have. The Chief of Police has conducted an investigation and
a copy of the report is attached for Council's review. In accordance with Section 15-62
of the cypress City Code, the City Council, having received the report from the Chief of
police and conducted a Public Hearing, is to determine whether or not the operation of
the business will comport with the peace, health, safety, convenience, good morals and
general welfare of the public, or that the applicant or other persons responsible for the
management or supervision of the business is unfit to be trusted with the privileges
granted by such special permit or has a bad moral character, intemperate habits or a
bad reputation for truth, honesty or integrity.
Mayor Age asked if the applicant was in the audience. He was not present.
The Mayor asked if anyone wished to speak in support of or in opposition to the special
permit application.
Mrs. Regan smith, 6033 Trinidad Avenue, Cypress, asked if this was the same kind of
application that has been before Council in the past. She would oppose this application
because it is in direct competition with Cypress children fund raising for their activities.
She asked that the Council deny the application.
It was moved by councllmember Kerry and seconded by Councilmember Jones to deny
the permit because the applicant is not present and they had Questions to be answered.
Councilmember Jones said that she felt door-to-door sales in the community were a
detriment to the businesses and it precluded the youth of the community from active
fund raising. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 9:06 p.m. and reconvened the meeting at
9:20 p.m. with all Councilmembers present.
CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE LINCOLN AVENUE SPECIFIC PLAN
ADVISORY COMMITTEE: The City Manager presented the staff report dated september 19,
1995, which referred to the september 11,1995 meeting in which all applicants to the
Lincoln Avenue specific Plan Advisory Committee were appointed. The attached list
revealed that six individuals are on the Wicker Drive Land Use Committee also. Staff
requested reconfirmation from the Council as to whether these six people should serve
on both Committees.
Council member Carroll said if the applicants want to be on both Committees, they
should be allowed to do so.
Councilmember Jones asked if staff could give those applicants for both Committees a
call to determine If they do want to be on both Committees. Mayor Age agreed.
Council member Kerry believed it was unwise to be on both committees.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
accept the appointments to both committees subject to a call to confirm whether they
wished to be on one or both committees. The motion unanimously carried by the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING THE APPROVAL OF THE TRANSFER
OF THE CATV FRANCHISE FROM PROVIDENCE JOURNAL COMPANY. A PARENT COMPANY OF
COPLEY COLONY CABLEVISION. TO CONTINENTAL CABLEVISION. INC.: The City Manager
recommended, based on discussions with the City Attorney and Special Counsel, that
this matter be continued to the next meeting.
11
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56
CITY COUNCIL MINUTES
september 25, 1995
It was moved by Council member Kerry and seconded by Council member Bowman to
continue this item to October 10, 1995. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF STATUS REPORT REGARDING CONCERNS ON CONSTRUCTION RELATED
ACTIVITIES IN THE CYPRESS BUSINESS PARK: The City Manager presented the staff report
dated september 22, 1995, which was prepared in response to the direction from
Council at the september 11, 1995 meeting regarding an update on construction-related
activities in the cypress Business Park. Two citizen complaint calls were received by the
police Department on a semi-truck parking in a universal left turn lane and four juveniles
riding in the construction area. Inquiries were also made of planning, building and code
enforcement and no violations were logged in these divisions.
Mayor Age asked if anyone in the audience wished to comment.
Mrs. KathY Simcox corrected the report made on september 15 and the call made by
Regan Smith on the semi-truck loaded with rebar parked from 5:35 a.m. until after 6:30
a.m. with lights flashing and engine running. Warland continues to break the law and is
not cited.
police captain Krauss understood that after the officer talked to the truck driver, the
truck pulled out. He would talk to the officer further.
Mrs. Regan smith said she walks on Warland Drive, the truck was idling from 5:30 to 6:00
a.m. and she explained what she observed that morning during and after her walk.
captain Krauss said that according to the officer'S report, he arrived within five minutes
Of the call, made contact with the driver, the engine was not running at that time if it
was the same truck. The driver cooperated and left the area. The captain did receive a
call from the contractor that hauls the rebar informing him that he contracts out to
various drivers and it would be a problem to let all the drivers know. His officer did the
correct thing by asking them to move because it would not be a valid citation.
Mrs. Smith stated that the complaint was not against the Police Department, but it was
only after their insistence that the developers were viOlating the City Code over and
over that some form of action was taken.
Mr. Don wesling advised that he had not called in and complained but these violations
have been occurring since the construction started. He did agree that since the last
Council meeting the construction workers have been more considerate and have not
started before 7:30 a.m.
Councilmember Carroll believed that the Police must have some latitude to use their
best judgment in a situation.
Mr. Rosendo subias, 11465 Culebra street, cypress, reported that there has been a lot of
different type equipment around the construction site and it appeared that there could
be a better system of dispatching so as not to deliver before a certain hour.
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 17059 . 17237: It was
moved by Councilmember Bowman and seconded by Council member Carroll to approve
the Warrants NO. 17059 through 17237 in the amount of $844,954.77. The motion
unanimOUSly carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF REQUEST FROM ORANGE COUNTY FIRE AUTHORITY: The City Manager
advised that the request was for the Council to make a motion to direct Mayor Age to
represent the Council in calling Supervisor Silva. Mayor Age would request that
Councilmember Carroll represent the Council because he is a member of the Fire
Authority. It was moved by Councilmelllber Kerry and seconded by Councilmember
Carroll requesting that a letter be written, signed by the Mayor and Council member
12
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5/
CITY COUNCIL MINUTES
september 25,1995
Carroll and faxed to the Board of supervisors. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 9:45 p.m. to enable the City Council to act as
the cypress Redevelopment Agency. The Mayor reconvened the Council meeting at 9:50
p.m. with all Councilmembers present. At this time, the Mayor excused City staff.
The City Manager asked the Council to adjourn the meeting to Monday, October 2, 1995
for the interviews of CATV commission candidates, consultants for the recruitment
process for the position of City Manager and a workshop session on the Redevelopment
Loan.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Council member Carroll mentioned the concern about overtime salaries of staff people
as printed in the newspaper. He asked if there were any pOlicy on overtime and if it
should be the SUbject for Council discussion. Councilmember Kerry said that the issue
revolves around the pollee Department and perhaps Council should have an update on
the 12 hour days in comparison to the last few years. Mayor Age suggested that
Council member Carroll have the item placed on a future agenda.
Mayor Age expressed her displeasure at the comments made by speaker Allen.
Councilmember Kerry remarked that what she said was inexcusable from anyone at any
level in publiC office. Council member Carroll commented that Doris Allen's insistence on
being speaker was the cause of a great deal of problems. Councilmember Jones took
issue with people who accused the City Council of endorsing Doris Allen when it was
clear that evening that it was in recognition of the position. What Ms. Allen said
subsequently was very unprofessionaL
Council member Jones asked the status of the Briggeman Disposal audit and Mayor Age
would call the City Manager in the morning.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 10:00 p.m. to MOnday, October 2,
1995 at 6:00 p.m. in the Administrative Conference Room.
~..~,:., -r:. ~..
(MAYOR OF THE CITY OF CY ESS
ATTEST:
CIAJ~~ CYPRESS
13
58.
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 2, 1995
The Adjourned Regular Meeting was called to order at 6:00 p.m. in the Administrative
Conference Room, West wing, Cypress City Hall, 5275 Orange Avenue, Mayor Cecilia L. Age
presiding.
PRESENT:
ABSENT:
Council members Bowman, Carroll, Jones, Kerry and Age
None
Also present was City Manager/City Clerk Darrell Essex.
ORAL COMMUNICATIONS: For Matters on the Agenda. No one spOke
ORAL COMMUNICATIONS: For Clarification of Matters on the Agenda. None were
presented.
INTERVIEW SESSION:
The Council Interviewed the remaining applicants for the three positions on the cypress
Cable Television Commission.
Mr. John Shannon, Shannon, Davis & Associates, was interviewed by the Council as a
possible consultant in recruiting for the City Manager's position.
RECESS: Mayor Age recessed the meeting at 7:40 p.m. to enable the Council to meet as
the Cypress Redevelopment Agency. The meeting reconvened at 9:35 p.m. with all
Council members present.
ADJOURNMENT: Mayor Age adjourned the meeting at 9:36 p.m. to Monday, October 10,
1995 at 4:00 p.m. at the Cypress Park Senior community, 9021 Grindlay street, cypress.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS