Minutes 95-10-10
59
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 10,1995
The Regular Meeting of the Cypress City Council was called to order at 4:15 p.m.,
Tuesday, October 10, 1995 at the Cypress Park Senior community, 9021 Grlndlay Street,
Cypress, Mayor Pro Tem Walter Bowman presiding.
PRESENT:
ABSENT:
Councllmembers Bowman, Carroll, Jones and Kerry
Mayor Age
The Council members attended the Cypress School District meeting and ground breaking
ceremonies, along with the Cypress School Board Members and Cypress Education
Foundation Board, for the Cypress Park senior housing project.
RECESS: Mayor Pro Tem Bowman recessed the meeting at 5:10: p.m. to enable the
Council to meet in the Council Chamber, 5275 orange Avenue for the 5:30 session of the
Agenda. The meeting reconvened at 5:31 p.m. with all Councilmembers present except
Mayor Age. Also present were the City Manager/City Clerk Darrell Essex and staff
members Bacock, Christoffels, Decarlo, KellY, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one spoke.
CONTINUATION OF CONSIDERATION OF A PARKING STUDY FOR THE LOS ALAMITOS RACE TRACK
PROPERTY: The City Manager asked the Public works Director to summarize the staff
reports dated september 25 and October 2, 1995, which were continued from the
September 25,1995 Council meeting for further review. Representatives from the Los
Alamitos Race Track did contact staff during the review and indicated they would be
willing to pay the entire cost of the parking study. The money was deposited with the
City and the consultant has begun the parking study.
It was moved by Council member Kerry and seconded by Council member Carroll to
receive and file the report. The motion unanimously carried by the fOllowing roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF APPROVAL OF PLANS AND DESIGN SPECIFICATIONS AND CONSIDERATION OF
AWARD OF CONTRACT FOR THE PAVEMENT OVERLAY OF VARIOUS STREETS. PUBLIC WORKS
PROJECT NO. 9250: The Public Works Director presented the staff report dated October
2,1995 which Indicated that various residential streets in Districts 25 and 26, bordered
by Denni Street, Bloomfield street, Ball Road and Cerritos Avenue, are deteriorating and
need rehabilitation. In order to maintain the structural integrity of the street, it is
recommended that pavement be slurry sealed every five years and/or overlaid with
asphalt concrete every ten years. Nine bids were received for project 9520. This project
is being coordinated with Pac Bell who are laying the fibre optic cable thrOUgh this
neighborhood and the City will follow laying new pavement.
Responding to Councllmember carrOll, the Public Works Director advised that the City Is
working with pac Bell in an effort to share some of the costs of paving.
It was moved by Council member Kerry and seconded by Council member Jones to:
1. Approve the plans and design specifications for the overlay of various streets,
PUblic Works Project No. 9520; and
2. Find the lowest responsible bidder to be Silvia construction, Inc., 9007 Center
Avenue, Rancho cucamonga, CA 91730 and award a contract for Public Works
Project No. 9520 in the amount of $299,620.00 (award amount of $272,382.40 plus
ten percent contingency) to Silvia construction, Inc.
The motion unanimously carried by the following roll call vote:
1
68
CITY COUNCIL MINUTES
AYES:
NOES:
ABSENT:
October 10, 1995
4 COUNCILMEMBERS: Bowman, carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
THE CITY ATTORNEY ARRIVED AT 5:45 P.M.
CONSIDERATION OF AUTHORIZATION TO CONTRACT WITH A.H. CONSULTANTS. INC.. FOR THE
PROVISION OF CONTRACT PROGRAMMING SERVICES: At the request of the City Manager, the
Finance Director presented the staff report dated October 3, 1995, which described the
14 customized business applications the City has developed over the past 12 years. The
Finance Department is requesting the Council's approval to award a contract to A.H.
Consultants, Inc., a software consulting firm, to assist with the development and
modification of the City's customized business applications and to assist with
modifications to the City's payroll system. The City has contacted two other consulting
firms: DataSmith systems and Mark Woodrow and Associates at $55.00 and $60.00 per
hour, respectively. The rate for A. H. Consultants is $50.00 per hour.
After some discussion, the City Manager said that if the Council accepts the
recommendation, a limit will be set as to what the consultants would be allowed to do.
Responding to Councilmember Jones, the Finance Director would provide the Council
with an analysis of the programming services.
It was moved by Council member Carroll and seconded by Council member Kerry to
approve the award of contract with A.H. Consultants, Inc., 801 Pine Avenue, Suite 105,
Long Beach, CA 90813, for the provision of contract programming services, in an amount
not to exceed $57,000.00 from Account No. 4187-90-605-04. The motion carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Bowman, Carroll and Kerry
1 COUNCILMEMBERS: Jones
1 COUNCILMEMBERS: Age
CONSIDERATION OF AWARD OF CONTRACT FOR 1995 CHEVROLET ASTRO VAN: The Police Chief
summarized the staff report dated October 4, 1995 which indicated that the City Council
had authorized the replacement of three unmarked police vehicles during the 1995/1996
budget process. The report sought authorization to award a contract for the purchase
of a 1995 Chevrolet Astro Van to replace the 1984 Chevrolet celebrity station wagon
assigned to emergency services. TWO bids were received for a 1995 Chevrolet Astro van.
It was moved by Council member Carroll and seconded by Council member Kerry to
accept the bid received from Beach City Chevrolet, 3001 East pacific Coast Highway, Long
Beach, CA 90804, as the lowest bidder and award them a contract in the amount of
$19,962.50 for the purchase of a 1995 Chevrolet Astro Van. The motion unanimously
carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
CONSENT CALENDAR:
4 COUNCILMEMBERS: Bowman, Carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCiLMEMBERS: Age
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 Carroll asked that Item NO.5 and Item No. 17, City Council Minutes of
september 18 and 25, 1995 and Monthly Investment Programs be removed.
Councilmember Bowman asked that Item No. 16, Adoption of Resolution Supporting the
League of California Cities' Resolution on Sales Tax Redistribution be pUlled.
It was moved by Councilmember Kerry and seconded by Councilmember Jones to
approve Consent Calendar Items NO.5 through 24, with the exception of Items NO.5, 16
and 17. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
'--
4 COUNCILMEMBERS: Bowman, Carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
2
61
CITY COUNCIL MINUTES
October 10, 1995
Item NO.6: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item NO.7: Consideration of proclaiming October 1995, as "Arts and Humanities Month"
in the City of Cypress.
Recommendation: That the Mayor and City Council Officially proclaim October 1995, as
"Arts and Humanities Month" in the City of Cypress.
Item NO.8: Consideration of Design Review Committee'S Approval of DRC #95-46 and DRC
#95-48.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, approving DRC #95-46 and DRC #95-48 - with conditions.
RESOLUTION NO. 4541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-46 - WITH CONDITIONS.
RESOLUTION NO. 4542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-48 - WITH CONDITIONS.
Item NO.9: Consideration of proclaiming October 8-14,1995, as "Fire Prevention Week"
in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim October 8-14,
1995, as "Fire Prevention Week" in the City of Cypress.
Item No. 10: Consideration of Claim Filed by Betty Pilatos.
Recommendation: Receive and file.
Item No. 11: Consideration of Adoption of Resolution commending Eagle Scout Adam
Heckathorn.
Recommendation: That the City Council adopt the Resolution by title only, title as
fOllOWS, commending Boy Scout Adam Heckathorn on attaining the rank of Eagle Scout.
RESOLUTION NO. 4543
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT ADAM HECKATHORN ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 12: Consideration of an Application for Alcoholic Beverage License Transfer
Filed by Kyung Min & Pal san Kim, D.B.A. La Mexicana Meat Market, 5511 Lincoln Avenue,
cypress.
Recommendation: Receive and file.
Item NO. 13: Consideration of proclaiming October 16,1995, as "World Food Day" in the
City of Cypress.
Recommendation: That the Mayor and City Council Officially proclaim October 16,1995,
as "World Food Day" in the City of Cypress.
Item No. 14: Consideration of Claim Filed by Duane Dlaz.
Recommendation: Receive and file.
Item No. 15: Consideration of proclaiming October 23-31,1995, as "Red Ribbon Week" in
the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim October 23-31,
1995, as "Red Ribbon Week" in the City of Cypress.
3
,
62
CITY COUNCIL MINUTES
October 10, 1995
Item No. 18: Consideration of Employment Lists for the Positions of Building Inspector
and pOlice support Services supervisor.
Recommendation: Receive and file.
Item No. 19: Consideration of Approval of Contract Change Order NO.3 and Acceptance
of project for pavement Rehabilitation of Graham street, South of orange Avenue, and
Oak Knoll Park/South parking Lot, project No. 9510.
Recommendation: That the City CounCil: 1) Approve Contract Change Order NO.3 to
Excel Paving company, for Public Works project No. 9510, in the amount of $12,416.14; 2)
Accept the work of Pavement Rehabilitation of Graham Street, South of orange Avenue,
and Oak Knoll/South parking Lot, project No. 9510, as being satisfactorily completed in
conformance with the Plans and Specifications; 3) Approve the final retention payment
to Excel paving company, 2230 Lemon Avenue, Long Beach, CA 90806, 35 days after the
Notice of completion Is filed; and 4) 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 (1) year guarantee period.
Item No. 20: Consideration of ReqUest for the Installation of Additional Red Curb on the
North Side of Cerrltos Avenue, East of Santa Elise Street.
Recommendation: That the City Council approve the recommendation of the Traffic
Commission and adopt a Resolution by title only, title as fOllows, providing for the
installation of an additional twenty (20l feet of red curb, for a total length of sixty (60l
feet of red curb on the north side of Cerritos Avenue, east of Santa Elise Street.
RESOLUTION NO. 4544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A "NO
PARKING, ANYTIME" AREA ON THE NORTH SIDE OF CERRITOS AVENUE, EAST OF SANTA
ELISE STREET.
Item No. 21: Consideration of Request for an Extension of Conditional Use permit NO. 94-
14, Design Review Committee NO. 94-16, and Variance No. 94-4 (8571 La Homa Street>.
Recommendation: That the City Council approve the extension of Condltionai use
Permit NO. 94-14 for a period of one (11 year, to expire on september 26,1996.
Recreation & park District Matters:
Item NO. 22: Consideration Of Donation of Funds Received From Friends of Cypress
Recreation and parks, Inc.
Recommendation: That the City Council, acting as the ex officio Board of Directors of
the Cypress Recreation and Park District: 11 Formally accept the donation, in the amount
of $1,537.62, from the Friends of Cypress Recreation and parks, Inc., and 2) Appropriate
$1,000 to 4104-12-306-10 for the purchase of supplies for the Halloween Carnival and
$537.62 to 4111-11-229-08 for the purchase of steel pipe for new goal posts at the former
Oxford School site from the Cypress Recreation and park District'S General Fund balance.
Item No. 23: Consideration of Donation of FundS Received From the county of orange
for Senior Citizens Center computer Learning Lab.
Recommendation: That the City Council, acting as the ex officio governing Board of
Directors for the Cypress Recreation and Park District, appropriate from the Cypress
Recreation and Park District General Fund balance $4,200 to 4401-83-651-36 for the
purchase of a computer work station and $800 to 4113-12-301-10 for the purchase of
furnishings for the work station at the Cypress Senior Citizens Center.
Item No. 24: Consideration of potential Roller Hockey Arena.
Recommendation: That the City council, acting as the ex officio governing Board of
Directors of the Cypress Recreation and Park District, direct staff to submit a letter of
interest to the Cypress School District to pursue a joint effort with the School District to
construct a roller hockey arena on SchOOl District property as recommended by the
Recreation and Community Services Commission.
END OF CONSENT CALENDAR
4
CITY COUNCIL MINUTES
6-3
October 10, 1995
Regarding Item NO.5, City Council Minutes of september 18, 1995 and september 25,
1995, Councllmember Carroll advised that he would vote to abstain on the Minutes of
the september 18 meeting due to his absence at that meeting.
It was moved by Council member Kerry and seconded by Councllmember Jones to
approve the City Council Minutes of september 18,1995, as submitted. The motion
carried by the fOllOWing rOil call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
3 COUNCILMEMBERS: Bowman, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
1 COUNCILMEMBERS: carroll
It was moved by Councilmember carroll and seconded by Councilmember Kerry to
approve the City Council Minutes of september 24, 1995, as submitted. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
With regard to Item No. 16, Consideration of AdoptIon of Resolution Supporting the
League of CalifornIa Cities' Resolution on Sales Tax Redistribution to Increase the Amount
Received by Cities to 2%, Mayor Pro Tem Bowman expressed concern with cities
supporting the 2% returning to cities and an alternative plan was needed.
Council member Jones suggested forwarding a letter or not responding to these issues.
Councilmember Carroll said that it would appear to be inappropriate to endorse without
seeing the whole tax package.
It was moved by Councilmember Kerry and seconded by Council member Jones to
receive and file the report. The motion unanimously carried by the fOllowing roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
In regard to Item No. 17, Consideration of Monthly Investment program for the Months
of June, JUly and August 1995, Councllmember Carroll referred to the portfolio sheet
and asked for explanations and made comments on some of the Items. Council member
Jones asked the FInance Director what the City's position was in regard to mutual funds.
The Finance Director replied that the City Is not investing In mutual funds.
It was moved by Councilmember Jones and seconded by Councilmember Carroll to
receive and file the report. The motion unanimously carried by the fOllowing roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CLOSED SESSION: Mayor Pro Tem Bowman recessed the meeting at 6:05 p.m. to enable
the Council to enter Into Closed Session to discuss the agendized items of Public
Employee Appointment (Government Code Section 54957) Cable Television
Commissioners and Conference with Labor Negotiator (Government Code Section
54957.6) Public safety Employees Association.
It was moved by Council member Carroll and seconded by Councilmember Jones to add
the Report from police Chief Wicker on the homicide in the City of Cypress. The motion
unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Kerry
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
MAYOR AGE ARRIVED AT THE MEETING DURING THE CLOSED SESSION.
The meeting was reconvened by Mayor Age at 7:32 p.m. with all Council members
present. Also present were staff members Bacock, Christoffels, Decarlo, Kelly, Storey
and Wicker.
5
64
CITY COUNCIL MINUTES
October 10,1995
PLEDGE OF ALLEGIANCE: The Pledge was led by Councllmember Tom Carroll.
PRESENTATIONS:
A representative from the Automobile Club of Southern California presented a
Pedestrian safety Citation Award to the City of Cypress to acknowledge a fatality free
pedestrian safety record for four consecutive years.
Mayor Age presented a Proclamation for "Fire Prevention Week" to Battalion Chief Don
Forsyth of the orange County Fire Authority.
The Fire Authority is hosting open house on October 14, 1995 from 9 a.m. to 4 p.m. at all
of the county fire facilities and asked the citizens to visit their local fire station.
MS. Johnnie Strohmyer, Chairperson of the 1995 Red Ribbon Week Committee, accepted
the "Red Ribbon week" Proclamation from Mayor Age.
A presentation of a gift of $927.50 to Chief Wicker and the D.A.R.E. program was made
by Louie Glampapa, representing the Cypress High School Band Boosters, Cypress High
School Athletic Boosters, School pride, Los Alamltos High School Booster Club and the
Speech and Language Development Center. He also thanked the Mayor, Cypress City
Council and City Staff for their support. Chief Wicker accepted the gift In the name of
Robbie Jin, Cypress High SChool student, who was murdered last week in the
community.
Mayor Age acknowledged that the D.A.R.E. program received $500.00 from AYSO Region
154.
Mayor Age made a presentation of a proclamation for "Arts and Humanities Month" to
the Cypress Cultural Arts Commission. Accepting for the Commission was Chairperson
Penny Brown, who introduced the Commissioners that were In attendance.
The City Manager explained that, in the next presentation, there were two awards for
the City, one for Community Service and the other for Environmental Quality
partnership. The Recreation & Park Director presented the Helen Putnam award of
excellence for honorable mention In Community Service. Ms. Jamie Herbon, Recycling
Coordinator, then presented the Helen Putnam award of excellence for honorable
mention In the Environmental Quality partnership category. The City Manager provided
Information on the Helen Putnam awards and the City will compete again next year.
The Administrative Services Director announced that there will be live coverage on the
November 7, 1995 election results.
The City Manager reviewed the meeting with the Cypress SChool District Board of
Trustees and the Cypress City Council to share in the dedication and ground breaking of
the Cypress Park Senior community, which Is a senior housing project. He then
summarized the actions taken by the City Council during the 5:30 p.m. portion of the
City Council Agenda. At the end of the 5:30 p.m. session, the Council did vote
unanimously to add an item to the Closed Session agenda on the pollee Investigation of
the homicide which took place In the City of Cypress.
The City Attorney reiterated that the Council did vote to add the recent homicide case
to the Closed Session items regarding the pending investigation with a 4-0 vote, Mayor
Age being absent. The other two items Involved Personnel Matters of the Public
Employee Employment of the Cable TV Commissioners and Labor Negotiations with
PUblic safety Employees Association.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Morrie Spatz, 4508 Larwln Avenue, Cypress, addressed the City Council and the voters
of the City of Cypress. He proposed that If the recall succeeded there would be three
new Councllmembers under enormous pressure to turn back the clock and if they dump
Shaw for the sake of the homeowners, Shaw would sue the City and they will win. This
is a riSky business for all the voters and citizens of Cypress. He asked the citizens to vote
"NO" on the recall.
Mrs. Susan Creager, 4701 Arlano Drive, Cypress, asked the City Council to reconsider the
course of action being taken in the litigation between the City and her. She spoke
about the behavior of the City's attorneys toward her, bringing unnecessary motions
and taking many depositions. The City's actions have resulted in an on-going
defamation of her character. The approval of such behavior would be to deal in an
6
I__~-- .__~_,__
65
CITY COUNCIL MINUTES
October 10, 1995
unfair and oppressive fashion toward her, cost the taxpayers money and be a breach of
dUty to constituents.
Mrs. Jane Wozniak, 4480 Avenida Granada, Cypress, read an article from the October 9,
1995 issue of the L. A. Times on stanton's utility tax may be in jeopardy requiring
unpopular moves to meet the City budget. She advised that the City of cypress could
be facing the same situation, we have a shortage of police and we could not afford to
have something like this happen In Cypress.
MS. Jo Dutro, 10002 St. stephen Circle, Cypress, expressed her pride in the City and all the
volunteers that serve the City. She mentioned the interview of Tony Smith on OCN,
september 12. The owners of the property would have every right to sue the City If
they were not allowed to develop the land according to the General Plan. She urged all
taxpayers to vote NO on the recall.
Ms. Pam Berg, Cypress, read a brochure signed by Morris spatz and published during an
attempt to recall Council members Age and Arnold.
Mrs. Devra Nielsen, Treasurer of the Cypress Recall Committee, 6173 Trinidad Avenue,
Cypress, said that the cypress Recall Committee has never received any monies from
businesses, land developers or lawsuit settlements. Their support comes solely from
cypress residents. They are fighting for the Quality of life they have enjoyed in the past
and they will succeed on November 7.
Mr. Don wesling, 11431 Anegada street, Cypress, commented that the Recall Committee's
money comes from the people of Cypress because they will not take money from
anyone in big business. He asked about the widening of valley View and Katella Streets
and the public Works Director responded that the project was to put In a right turn
pocket.
Mr. Tim Keenan, 4157 Devon Circle, Cypress, mentioned that he was a Cypress business
owner and candidate for City Council. He expressed concern for all of the City of
Cypress and concerned voters should stUdy the candidates because this is an important
bonafide election. On Thursday, October 12, a meet the candidate night's forum will be
held at the Ramada Hotel where the public will get a chance to hear the ten candidates
in the upcoming election and he urged the publiC to attend.
Mrs. Gina Restivo, 10664 Jill street, stated she was also a candidate for the Cypress City
Council. She said that there is a problem with the confidence level that the citizens
have with the sitting Councilmembers and it isn't going away. The citizens are going to
be coming forward, even If the current Council members win, to make sure they are
accountable for their actions.
Ms. Verna Dodson, 5771 La Jolla Way, Cypress, thanked the City Council for their help and
the seniors are behind every Councilmember.
Mr. Tony Smith, 6033 Trinidad Avenue, commented that there are seniors that would
disagree with that statement. He mentioned a flyer that he had received from the
three Councilmembers filled with misinformation. In fact, he would call them lies,
concerning the Shaw warehouse and other issues relating to this. He then addressed
some statements made in that flyer. He felt that the majority of the City didn't want
truck distribution centers proliferated in Pianning Area 1. He addressed the traffic study
that was based on miscalculations and zoning and stated that the property was zoned
for a 42 acre regional park since 1984.
Mr. Bob Pepper, 6273 Trinidad Avenue, Cypress, said that there are many senior
residents that strongly agree with the recall. He also said he believed that Mayor Age
had Intercepted his mall, he thought that was Illegal and asked if she had. Mayor Age
stated she did not have his mail. He referred to the letter to the editor in last Sunday'S
LA Times from Mayor Age and Councilmembers Bowman and Kerry. The Council has
taken major issues and ramroded them through despite pUblic comment, making it
clear that the citizens have become little more than an inconvenience to them. On
November 7, the voters will hold them accountable.
MS. Julie Herklns, 5803 Lakia Drive, Cypress, addressed the Chief of Pollee regarding the
transients In the neighborhood park. She observed one man relieving himself in the
park and she asked that the Pollee Department patrol the area. The Chief stated that
there was a problem at the park last year and the Department will address this problem
in the same fashion as the previous occurrence.
7
66
"
CITY COUNCIL MINUTES
October 10,1995
Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, expressed her concern about the
treatment of Cypress citizens. She said the Mayor had Mr. Pepper's mall and It was
turned over to several people In the City. She spoke about the ridicule of Regan Smith
at the last meeting. She referred to a steam roller being illegally parked on Warland
Drive, the Briggeman contract and audit and Councllmember Bowman's mailer and the
Postmaster.
Mr. George Hallak, Cypress, advised that he has listened to people attaCking the council,
the pollee, the City Manager and staff. He talked about the collection of signatures for a
recall petition that were coliected under false pretenses. He said that he has never seen
the City so divided and he asked Council member Carroll and Jones to declare their
support.
Mayor Age asked if there were any Council members who wished to speak.
Councilmember Kerry believed that this Council has listened to a lot of discussion during
the last year; free speech has not been endangered in this Community. The Council has
done nothing illegal and has tolerated more than discussion, I.e., arguments and unkind
remarks made to Council and other citizens. The Council listened to the citizens, but did
not change their mind and acted in the best interests of the entire City. She
encouraged all citizens to vote on November 7 because they will determine the future
of cypress.
Councilmember Bowman spoke of the ongoing episode of the post office. He said he
took out themailingpermit.paid for that permit and quoted from the minutes of July
10. He also referred to the statement by Mr. Pepper that Brian Harvey did not want the
amount of the lawsuit settlement released. He said Mr. Harvey had sent a letter to
Wild ish and Nialis, attorneys for the Citizens group, stating that Brian Harvey and Cypress
Land Company did not care if the settlement payment remained confidential. Cypress
Land received a letter in response from Wild ish and Nialis and the general consensus of
some of the members was to leave the agreement intact and preserve the
confidentiality provisions. He pointed out Cypress Land is willing to share the
information, but the Citizens for Sensible Development are not.
Council member Carroll remarked that it is incumbent upon the City Councilmembers,
whenever possible, not to attack each other politically and pUbliCly. Many daily
decisions are made but they are not strategic decisions and he mentioned those
decisions that he considered strategic which must be looked upon as how they serve
the City. He planned to support Tim Keenan in the November 7 election.
Council member Jones commented that she does not want to divide the council,
supported the decisions made by the Council and it is an extremely difficult position. In
general, she is opposed to a recall and she has some friends, Tim Keenan and Gina
Restivo, running for City Council who are excellent people but so are her fellow
Councilmembers.
Mayor Age read a letter from the cypress Public safety Employees
Association, representing almost all of the police officers, a copy of which is on file in
the City Clerk's office and the citizens will be receiving a copy soon.
RECESS: Mayor Age recessed the Council meeting at 9:15 and reconvened the meeting at
9:25 p.m. with all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mrs. KathY Simcox, 6143 Trinidad Avenue, Cypress, asked about her Item No. 33, under
New Business, and if she would be allowed to comment. Mayor Age suggested she
speak at this time. Mrs. Simcox reported that on september 25,1995 a steam roller was
parked in a "no parking" area. She received a phone call about a truck unloading several
pieces Of heavy equipment on Warland Drive at about 10:30 p.m. Once again, Warland is
continuing to break the conditional use permit, the law and the City codes. She
requested that the Conditional Use Permit be revoked because the City Council
promised to take care of the problems but the problems continue.
Councilmember Bowman advised that this Item Is on the agenda, this portion is for
clarification only and the agenda should move ahead.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO.
95-1 AND ZONE CHANGE NO. 95-1, 9737-61 WALKER STREET: Mayor Age opened the pUblic
hearing. The City Manager asked the Community Development Director to summarize
the staff reports of september 6 and 13, 1995 regarding an application for General Plan
8
&7
CITY COUNCIL MINUTES
October 10,1995
Amendment No. 95-1 and Zone Change No. 95-1 for property located at 9737-61 Walker
street. She prefaced her report by introducing a communication from Richard Huttle at
5468 Hanover Drive, Cypress, discussing his concerns and he suggested rezoning the
property to RS-6000 with 10 foot rear setbacks. He mentioned the parking problem on
Hanover Drive and Rome Avenue and all adjacent properties excluding the church are
currentlY developed RS-6000. The application represented a request to amend the land
use designation from General/Neighborhood Commercial to Medium Density Residential
and change the zoning from commercial General 10,000 to RM 15 Residential Multiple-
Family. Staff presented three alternatives to City Council for consideration and
direction. Council instructed staff to focus on alternatives addressing spot zoning and
review the files to resolve questions concerning the histOry of the property north of
the subject site. Staff has met with the property owners of the north and south parcels
in order to obtain their level of Interest regarding the applicant's proposal. The north
property owner was interested in a City initiated amendment provided his present
operations can be maintained. The board members of the Church of Cypress felt they
would not like to be considered for a City-initiated amendment and expressed some
concerns. Should Council initiate a general plan amendment and zone change to include
additional parcels, staff would need to prepare an initial studY and renotice said
document. The initiated general plan amendment would then be processed under
General Plan Amendment No. 95-2 and Zone Change NO. 95-2. AllOwing for public review,
the revised general plan could not be submitted for Council's consideration until the
November 27,1995 Council meeting.
MS. Allison Young, representing Mrs. Trautman the property owner, stated that Mrs.
Trautman asked the Council to keep in mind that the properties are not being
developed together, she is being put in the position of relying on her neighbor's zoning
and the same problem will exist for another builder.
Mr. Mahendra Desai, 1150 orangethorpe, 6112, Placentia, said he had a number of
options. He chose RM-15 because It was the most feasible and It was not practical to
build RS 6000 homes on this property. The application is based on the property
currently for sale. He requested the Council consider his application for RM 15 and not
hold up the sale of this property waiting to see what happens to the surrounding
properties. He felt they would be able to accommodate any parking Issues and
requested Council approval of the permit and zone change.
Mayor Age asked if anyone wished to speak in favor of the project. No one spoke. The
Mayor asked If anyone wished to speak in opposition to the application.
Mr. Rick Huttle, Hanover Drive, cypress, remarked that there is a jigsaw zoning puzzle on
the two properties. His concern was to maintain the integrity of the neighborhood as it
is and he objected to RM 15 zoning, the ten foot minimum setback and parking
problems that would worsen with RM 15 zoning.
Mr. Eric Burke, 5432 Rome Avenue, Cypress, voiced his objection to the RM 15 zoning of
the property.
Mr. Kewal Singh, no address given, cypress, voiced the same concerns as the previous
speakers and since there is no parking on Walker Street, it would increase the parking
availability for the condos across the street.
Mr. Henry Livingston, 5408 Hanover Drive, Cypress, objected to the zone change because
of the parking problem now. He said mUlti-family dwellings are not appropriate to the
neighborhood.
Mr. Mark Holmes, 5478 Hanover Drive, Cypress, stated that his main concern was the lack
of parking off of Walker Street and he would like to see the property zoned RS 6000.
No one else wished to speak in opposition to the application.
Mrs. Trautman, owner of the property, stated she did not understand why she couldn't
develop her property when all the neighbors came many years after she settled there.
The developer is interested In the parking aspect of the project and she would like to
proceed.
After some discussion, Councllmember Carroll asked the developer if there was any
financial viability in RS 6000 zoning. Mr. Desai said it was not practical for the small lots
and he would withdraw his application if It was zoned for RS 6000. He would work with
everyone involved to mitigate the parking problem.
After additional discussion, Council member Jones suggested directing staff to formulate
a precise plan for detached single family residences.
9
/i
68
CITY COUNCIL MINUTES
October 10, 1995
It was moved by Council member Bowman and seconded by council member Jones to
close the publiC hearing; direct staff to provide an alternative formula to the RM 15 and
RS 6000 zoning for detached dwellings In the range of RS 4-5000, which would give the
applicant an opportunity to work on a site plan to present to the neighbors.
Councllmember Bowman then amended his motion to Include the property to the
north in the study allowing the existing uses to that property until Its sale or transfer
when the grandfathered uses would cease to exist. Council member Kerry asked that
the grandfathering portion be deleted from the motion for discussion. Council member
Bowman and Councllmember Jones agreed to the amendment.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Council member Kerry addressed the property to the north and Its existing uses, and she
asked if a time limit could be established for grandfathering. The City Attorney advised
that he would like to ascertain whether those uses are capable of being grandfathered.
Councllmember Kerry would not like to Include grandfatherlng In the motion until
reviewed. She asked that the situation of residents across Walker Street constantly
parking on Hanover be reviewed for parking options. Mayor Age suggested to the City
Manager that this concern be referred to the Traffic Commission.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-
12. AND CONSIDERATION OF VARIANCE NO. 95-10. DRIVE-THROUGH RESTAURANT WITH
MODIFIED SIGNAGE AND NEON TUBING. 6002 LINCOLN AVENUE: Mayor Age opened the
pUblic hearing. The City Manager asked the Community Development Director to
present the staff reports dated september 25 and October 4,1995, which represented a
request to allow an existing drive-through restaurant, with modified signage and the
addition of neon tubing along the roof parapet of the free-standing restaurant building.
This application also Included a request to vary from Section 15.5.C.2. of the Cypress
zoning Ordinance In order to allow a third wall sign to remain on the restaurant
building. The proposed wall sign variance meets the criteria for the required hardship
findings. The proposed project, Including the wall sign variance, has been determined
to be categorically Exempt, Class I and II, In accordance with the requirements of the
California Environmental Quality Act. Notices of the public hearing of this project
(Including Conditional Use Permit No. 95-12 and Variance No. 95-10> were posted,
published and mailed to all owners of property located within 300 feet of the subject
parcel. TO date, staff has not received any communication regarding either of the two
applications related to the proposed project.
Mr. Mike walterscheld, representing Jack In the BOX, 100 N. Carranca Avenue, Ste. 200,
West covlna, commended staff In their description of the project and he volunteered to
answer any questions from Council.
Mayor Age asked If anyone wished to speak In support of or In opposition to the
application. NO one spoke.
It was moved by Councllmember Bowman and seconded by Council member Carroll to
close the public hearing, direct staff to file a Notice of categorical Exemption, Class I and
li and adopt the resolutions by title only, titles as follow, approving CUP No. 95-12,
subject to conditions, and approving Variance No. 95-10, subject to conditions.
RESOLUTION NO. 4545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-12 - WITH CONDITIONS.
RESOLUTION NO. 4546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION
15.5.C.2. TO ALLOW A THIRD WALL SIGN - VARIANCE NO. 95-10.
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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-14. ESTABLISHMENT
OF AN AUTOMOTIVE REPAIR. 5431 LINCOLN AVENUE: The publiC hearing was opened by
10
l ........___. _m..___.~_.~._..__._ __....__._
6'7
CITY COUNCIL MINUTES
October 10, 1995
Mayor Age. The community Development Director summarized the staff report dated
september 15,1995, which represented a request to construct a new automotive repair
building at 5431 Lincoln Avenue. The current structure will be demolished in order to
clear the site for the new structure, which will provide 3,298 square feet of interior
floor space. The interior is designed to create eight tandem service bays. AdditionallY,
seven onsite stalls will be permitted for customer parking with a three foot high
decorative security gate enclosure. As part of this application, an Administrative
Adjustment is being requested for reduced landscape planters located along the most
northern portion of the street side yard just north of the driveway and at the rear of
the property line. In accordance with the california Environmental Quality Act, a
categorical Exemption will be filed for this project. Notices of the public hearing were
mailed to property owners within a 300 foot radius and, to date, staff has not received
written or oral comment.
Mr. H.D. Robson, Architect on the project, 3050 Winters Hill, Vista, reported that they
have tried to create a better environment for the area because the lot has had some
violations. He stated that his clients understand the conditions and will abide by them.
Mr. Merritt Sharp, owner, 24786 Eaton Lane, Laguna Niguel, responded to questions from
Councilmember Kerry. Mr. Sharp Is the owner of the property, but not currently the
tenant.
NO one wished to speak In support of or in opposition to the project.
It was moved by Council member Kerry and seconded by Council member Carroll to close
the public hearing, direct the Community Development Department to file a categorical
Exemption and adopt the Resolution by title only, title as fOllOWS, approving Conditional
use Permit No. 95-14, subject to conditions.
RESOLUTION NO. 4547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-14 - WITH CONDITIONS.
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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-15. REQUEST TO
ESTABLISH AN ONSITE DRY CLEANERS. 4941/4961 ORANGE AVENUE: Mayor Age opened the
public hearing. The City Manager requested the Community Development Director to
present the staff report dated september 20, 1995, describing an application for the
establishment of an onsite dry cleaners within the existing commercial development.
There will be no exterior alterations and the Interior improvements consist of the
installation of one 45 POUnd dry cleaning maChine, garment finishing equipment and
customer counter area. The installation and operation of the dry cleaning machine
requires a permit from the South Coast Air QUality Management District (SCAQMDl. The
applicant stated that Initial hours of operation for the dry cleaning business will be from
7 a.m. to 6 p.m., Monday through Friday and Saturdays from 7 a.m. to 5 p.m. These
hours may be altered in the future to best accommodate their customers. In
accordance with the California Environmental Quality Act, a categorical Exemption will
be filed for this project. Notices of the pUbliC hearing were mailed to all property
owners within a 300 foot radius. To date, the Community Development Department has
not received any written or oral comment.
Mr. Jason Lee, with Western MUltl-Tex, said he will install all the eqUipment for the dry
cleaners and responded to questions from the Council.
No one wished to speak in support of or In opposition to the application.
It was moved by Councllmember Bowman and seconded by Council member Kerry to
close the publiC hearing, direct the Community Development Department to file a
categorical Exemption and adopt the Resolution by title only, title as fOllOWS, approving
Conditional Use Permit No. 95-15, subject to conditions.
11
.:.<
70
CITY COUNCIL MINUTES
October 10, 1995
RESOLUTION NO. 4548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-15 - WITH CONDITIONS.
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 PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 95-159. SUBDIVISION OF
ONE PARCEL INTO TWO PARCELS. 5995 KATELLA AVENUE: Mayor Age declared the publiC
hearing open. The community Development Director referred to the staff report dated
september 2B, 1995, which represented a request to subdivide a two acre parcel into
two parcels. The property is located at 5995 Katella Avenue and governed by the
McDonnell Center Amended Specific Plan. In accordance with the requirements of the
California Environmental Quality Act, a categorical exemption will be filed for this
project. The parcels are vacant but there is Included a conditIon requiring reciprocal
access agreements in the event either of the parcelS are sold. Notices of the public
hearing were posted, published and mailed to all property owners within 300 feet of
the subject property. To date, staff has not received any communications regarding
this matter.
Councilmember Kerry expressed concerns about the request as to the parking and lack
of direct access to the two parcels.
Mr. Dan HO, McDonnell Douglas Realty, 4060 Lakewood Blvd., 6th Floor, Long Beach,
explained that the map is being requested for financial purposes and the property later
may be used as restaurant pads. He then answered questions from the Council.
Mayor Age asked if anyone wished to speak in favor of or against the application. No
one spoke.
Council member Kerry would not support the approval of the tentative parcel map
without direct access to the property being resolved.
Responding to the City Manager, the City Attorney replied that Council member Kerry
had a sufficient legal argument for parcel maps.
It was moved by Councilmember Kerry and seconded by Council member Age to close
the public hearing, deny the application without prejudice and to allow reapplication
without paying additional fees.
RESOLUTION NO. 4549
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING TENTATiVE
PARCEL MAP NO. 95-159 - WITH CONDITIONS.
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 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 presented the staff report dated October 4, 1995 requestIng the continuance
of this item since there was no further information to be presented at this meeting.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
continue this item to the City Council meeting of November 13,1995. 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 FEDERAL HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION - TWENTY-SECOND YEAR: The community Development Director presented
12
I ._ _ _.____" _"
'71
CITY COUNCIL MINUTES
October 10,1995
the staff report dated september 30, 1995 and noted that a memo had also been
submitted to the Council indicating that the City recently received a request from the
County of orange to increase the amount of funds being requested for the HOusing
Rehabilitation Program to $100,000. For the past 21 years, the City of cypress has
participated in the Federal community Development Block Grant (CDBG) Program to
obtain funds for community improvements. A public meeting was held on October 3,
1995 to discuss the proposed projects and to receive input for future projects. The four
proposed projects have been reviewed and prioritized by the City's TEAM members. The
total amount being requested for this year's application is $340,000.
After a question and answer period, the City Manager stated that these are pass-through
monies so they are not impacted by some of the other County programs and the City is
hopeful that they will obtain this funding.
Additional discussion was held and Council member Bowman commented that the
process could be improved upon which would entail more pUblic input as far as what
these monies could be used for and a better explanation of how the monies get
channeled through the county to the City. He suggested that a committee be assigned
to this project next year. The community Development Director asked that Council
provide that direction.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to
adopt the Resolution by title only, title as follows, approving the City's participation in
the 22nd Year community Development Block Grant Program with the county of orange
and authorize the Mayor to sign the grant request on behalf of the Cypress City Council
and direct staff to assign a committee to this project for the 23rd year.
RESOLUTION NO. 4550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S
PARTICIPATION IN THE 22ND YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM WITH THE COUNTY OF ORANGE.
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 CATV SUBSCRIBER INTEREST SURVEY RESULTS: The City Manager asked
the Administrative Services Director to summarize the staff report dated October 4,
1995, with survey results attached. The survey consisted of a background on the survey
process, results in graphic form, expanded results in numerical form and findings and
recommendations. He then provided a brief summary of the survey and
recommendations made because of those results. He noted that at the October 5, 1995
CATV Commission meeting, it was the consensus of the Commissioners to delete the
reference to "trading channels." The overall result is that Public, Education and
Government access channels are being viewed and appreciated.
It was moved by Councilmember Kerry and seconded by Councilmember Jones to
continue the Council meeting past the hour of 11:30 p.m. 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
CATV Commissioner Howard Martin was present and volunteered to answer any
questions from the Council.
Councilmember Jones asked if the Commission would like to spend more time reviewing
the survey results and Commissioner Martin replied In the negative.
Council member carroll complimented the CATV Commission on the survey results at the
low cost. He asked Commissioner Martin to summarize the three to five most important
action items that should arise from the survey results. Commissioner Martin advised
that the City Council is responsible for programming the seven PEG channels. The
citizens do like the channels, a high percentage of subscribers watch the channels but
they channel surf because they don't know when programs are on. Commissioner
Martin replied that publicity could be handled by a City publication, new graphics for
the channels, NewS-Enterprise and any other means of getting information to
13
72
--+
CITY COUNCIL MINUTES
October 10, 1995
prospective viewers. His second suggestion would be to reevaluate the programming
on some of the three educational channels.
Council member Jones suggested further Commission review to make some more
specific recommendations. Commissioner Martin advised that he had proposed a
pUblicity program in 1992 which was never instituted. Councilmember Jones would like
to see the Commission prioritize some of the important topics with resolution over the
next six months, some action taken and she believed it was a very valuable survey.
It was moved by Council member Jones to return the survey back to the Commission so
that they can further prioritize the seven recommendations they made, choose two or
three for the next 12 months and return to Council with some firm recommendations.
Councilmember Carroll felt that the Council should give the commission some direction.
Council member Kerry concurred and said that additional publicity and information is
needed for the PEG channels. The recommendations are there, they should be accepted
and direction given to the Commission. Council member carroll preferred to accept the
Commission recommendations and have the City Council prioritize the
recommendations. Councilmember Bowman concurred with Councilmember Jones in
that the Commission should prioritize the recommendations and bring them back to the
Council.
Councilmember Jones amended her motion to accept the recommendations as noted in
the survey results, refer the report back to the CATV Commission for further review and
prioritization with an emphasis for a number one recommendation, to approve an
appropriation to the following accounts: 4104-11-199.02 $2,400 and 4104-11-107.01, $100
from the General Fund Unreserved Balance and return to Council in six months.
Council member Carroll seconded the motion.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF COMMUNICATION FROM MRS. KATHY SIMCOX REQUESTING THE
RECONSIDERATION OF CONDITIONAL USE PERMIT NO. 94-15 lWARLAND INVESTMENTS
COMPANY. 11411 VALLEY VIEW): Mayor Age introduced the staff report dated October 3,
1995 to which was attached a copy of a communication from Mrs. Kathy Simcox
requesting the reconsideration of CUP No. 94-15. Councilmember Kerry said that some
issues and concerns have been brought to the Council's attention but Council had not
directed staff to prepare a report. She asked that staff be directed to report back to
the next Council meeting for review. Mayor Age commented that the request is to have
the conditional use permit reconsidered or revoked and she was not interested in doing
that. Councilmember Carroll would like to see a list of violations from staff. If there
have been infractions of the agreement and rules, there should be some penalties, if
they are appropriate.
It was moved by Councilmember Bowman and seconded by councilmember Carroll to
receive and file the communication. 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 APPOINTMENTS TO THE CYPRESS CABLE TELEVISION COMMISSION: At 11:48
p.m., Mayor Age recessed the meeting to enter into Closed Session to discuss Public
Employee Appointments of the Cable Television Commissioners. The meeting was
reconvened at 11:55 with all Councilmembers present. It was moved by Councilmember
Bowman and seconded by Councilmember Kerry to nominate Nick Eighmy, Nelson
Harper and Beverly Martin for CATV Commissioners. 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
Mayor Age asked the City Manager to send letters advising the three applicants of their
appointments and also, send the new Commissioners copies of the recent survey.
CONSIDERATION OF APPOINTMENT OF A CONSULTANT FOR THE RECRUITMENT FOR THE
POSITION OF CITY MANAGER: The staff report dated October 4,1995 advised that the City
14
.; -
73
CITY COUNCIL MINUTES
October 10, 1995
Council had previously conducted oral interviews of two consultants to recruit for the
position of the City Manager.
It was moved by Council member Jones and seconded by Council member Kerry to retain
Norman Roberts and Associates to perform the recruitment for the position of City
Manager. 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 EMPLOYEE OVERTIME PAY: Councilmember Carroll had requested that
this Item be placed on the Council agenda. Councilmember Carroll referenced articles in
the local papers publishing salaries of city employees. He reported that the cause of the
considerable salaries was overtime. His question was does the Council want to look
further into setting policy for overtime in Police operations. Mayor Age asked the Police
Chief to comment. Chief Wicker said that it is oftentimes less costly to use overtime
than to employ additional personnel. When it becomes cost ineffective, they have been
able to add staff and reduce overtime. Council member Kerry said that the Council has
done a lot to reduce overtime and she didn't believe there was an issue.
. Councilmember Carroll commented that this is a hot item and it Is worthwhile to tell the
people of Cypress that Council is contrOlling the overtime In the City and have policies at
the right level. He believed the 11% overtime on regular salaries is a good operating
number and he had wanted to bring up this subject for that purpose.
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 17238 - 17437: It was
moved by Councilmember Bowman and seconded by Councilmember Kerry to approve
the Warrants No. 17238 through 17437 in the amount of $741,373.09. 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 12:00 midnight to enable the Council to act
as the Cypress Redevelopment Agency. The meeting was reconvened at 12:15 a.m. with
all Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda
Mr. Reynold Elkin, 4034 Orange Avenue, Cypress, commended the Council and hoped
they would maintain the position of what Is right In regard to the construction on the
Warland property. He spoke about the street repairs on Orange Avenue from Moody to
Bloomfield. There has not been one complaint from anyone to the Cypress Police
Department about any of that construction. IS it citizen interest or harassment at the
Shaw project. He suggested that Warland Drive be closed off during the construction.
Mayor Age noted that some of the campaign signs that are up have been placed illegally
in the pUblic right of way, and on school district and county property. She will ask the
City Manager to give the candidates the option of removing the illegally placed signs
themselves or having the City do so.
Council member Kerry concurred and stated that the Council is responSible to do what
they ask the candidates to do and it is illegal to put signs up in public right of way, City,
school district and county property. The Council is expecting City staff to comply and it
doesn't matter whose signs they should be removed.
Councilmember carroll asked the Mayor to Include all unauthorized signs on telephone
poles because several people have complained to him. He suggested that all the illegal
signs be collected.
ADJOURNMENT: Mayor Age adjourned the meeting at 12:30 a.m.
A~a4f~
Clrv RK T E CI OF CYPRESS
15
,
,
74
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 23, 1995
The Regular Meeting of the Cypress City Council was called to order
at 5:30 p.m. on Monday, October 23, 1995, in the Council Chamber,
5275 Orange Avenue, Cypress, California, by Deputy City Clerk
Lillian M. Haina.
PRESENT:
ABSENT:
None
Councilmembers Bowman, Carroll, Jones, Kerry and Age
ADJOURNMENT: Due to the lack of a quorum, the Deputy City Clerk
adjourned the meeting at 5:35 p.m., to Monday, November 13, 1995 at
4:30 p.m. in the Administrative Conference Room.
~I'~I~' 7f! ~fl-
MA OR OF THE CITY OF CY RESS
ATTEST:
/-()~~ 'CA.~
D~~ERK OF THE CITY OF CYPRESS