Minutes 94-01-24
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 24, 1994
The Regular Meeting of the Cypress City Council was cailed to order at 3:35 p.m.,
MOnday, January 24, 1994, In the Administrative Conference Room, West wing, City Hail,
5275 orange Avenue, cypress, Mayor Richard Partin presiding.
PRESENT:
ABSENT:
Councilmembers Age, Bowman, Kerry, Nicholson and Partin
None
Also present were City Manager/City Clerk Darreil Essex, City Attorney John cavanaugh,
Planning Director Christine Eynon and Traffic Consultant Steve SasakI.
WORKSHOP SESSION: Traffic Fee, Marketing and orange Avenue Specific Plan.
The Traffic Consultant steve Sasaki reviewed the traffic fee stUdy and the mitigation fee
Of ail new developments to help offset the requirements of Measure M and qualify the
City for the on-golng funding through Measure M.
Council reviewed the Marketing Program that they had previously approved and
discussed some specific Issues on that program under the City's redevelopment effort.
One of the Issues was an attempt to attract new businesses and retain the existing
businesses already In the community, both In the Business Park and elsewhere. That
marketing effort was a part of the discussion and the Council did take some options
which will be developed by staff and brought back to the Council for further
implementation.
RECESS: Mayor Partin recessed the workshop at 5:10 p.m. and reconvened at 5:20 p.m.
with ail Councilmembers in attendance.
A presentation and options on the orange Avenue specific Plan was given by members
of the consulting firm of RBF. They provided some options for the Council in the
development of some parcels of property located on the north side of Orange Avenue,
west of MOOdy Street, which wiil be the subject for further discussion after Council
review.
RECESS: Mayor Partin recessed the meeting at 5:40 p.m. to enable the Council to
reconvene in the Council Chamber. The meeting was reconvened at 5:50 p.m. with ail
Council members present. Also present were City Manager/City Clerk Darreil Essex, City
Attorney John cavanaugh and staff members Bacock, Barrett, Decarlo, Eynon, Munoz,
storey and Wicker.
The City Manager referred to Item NO. 22, Consideration of ReqUest from the BOYS & Girls
Club of Cypress for a Loan, in the Amount of $40,000 and a request that item be moved
to the 5:30 p.m. Council session. Representatives from the Boys & Girls Club were
present for that discussion.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The City Manager
presented the staff report dated January 12, 1994, which requested the renewal of the
annual contract to provide car washing services for the City-owned fleet. The contract
expires on January 31, 1994 and the current rate of $3.25 per car, $5.00 per large truck
or van, and $1.00 for vacuum only or air freshener onlY, was established in 1993.
It was moved by Council member Bowman and seconded by Councilmember Kerry to
authorize the renewal of the car wash service contract with cypress Car Wash, 9971
vailey View street, Cypress, California 90630, for a one year period from February 1,1994
through January 31, 1995, with no increase in price. The motion unanimously carried by
the foilowing roil cail vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL POLICE BACKGROUND
INVESTIGATIONS: The Police Chief reviewed the staff report dated January 12, 1994
outlining their use of Crackel Investigative Services of Orange to assist in the timely
completion of personnel background investigations for Police Department applicants.
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CITY COUNCIL MINUTES
January 24, 1994
There Is a fee increase for the proposed contract of a completed background
Investigation from $600 to $650 plus $.26 for mileage. A discontinued investigation fee
will be raised from $20 to $25 per hour <minimum five hours>, plus mileage.
it was moved by Council member Age and seconded by Council member Nicholson to
award a contract to Crackel Investigative services for professional service of police
background Investigations at a cost of $650.00 per completed investigation, plus $.26 for
mileage. partially completed investigations will cost $25 per hour, with a minimum of
five hours. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS: The
City Manager asked the Actlng.Clty Engineer to summarize the staff report dated
January 13, 1994 on the annual purchase agreement for asphalt concrete materials. The
contract with All American ASphalt co. will expire on January 31, 1994 and they have
offered contract renewal prices for a one year period with no rate increase. Although
Blue Diamond and RJ. Noble companies offer lower unit prices, there are additional
factors that were considered, such as, travel time and pick up priority.
It was moved by Council member Bowman and seconded by Council member Nicholson
to award an annual purchase contract for asphalt concrete products to All American
Asphalt co., 14274 Magnolia Ave., P.O. Box 2229, corona, CA 92718-2229, In an amount not
to exceed $"26,000 for a one year period from February 1, 1994 through January 31, 1995.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF REPLACEMENT PIECES FOR
PLAYGROUND EQUIPMENT FROM THE CAPITAL PROJECT ACCOUNT: The Recreation and Park
Director was requested by the City Manager to summarize the staff report dated
January 14, 1994 which requested removal of existing spyro Slide and four chains to the
swings on the Playbooster equipment at Pinewood Park for safety reasons. Due to the
size specifications and safety features of the structure, as well as to maintain
compatibility with the equipment on site, it is required that a single vendor be used.
No modifications of the current play structure are required for either of the
replacement pieces.
It was moved by Council member Bowman and seconded by Council member Age that
the City Council acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District:
1. Dispense with formal competitive bidding for reasons described in the above
report pursuant to City Code, Section 21-A-8F, and award the contract to Coast
Recreation, Inc., 2082 S.E. Bristol, Suite 1, santa Ana, CA 92707, at a cost of
$3,335.48 for the purchase and installation of a Spyro Slide.
2. Approve the expenditures in the amount of $3,335.48 from capital project
Account 4186-12-500-29.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
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.
Council member Nicholson requested that Items No. 10 and 12, Consideration of Renewal
of Maintenance Contract for the Cleaning of Cypress Village Public parking Areas and
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CITY COUNCIL MINUTES
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Consideration of Continuous Employment Lists for the Positions of Police Officer -
Academy Trained Entry and Lateral Entry, respectively, be removed. Councllmember
Age asked that Item No. 13, Consideration of Adoption of Resolution Supporting the
League of Cities option to the Orange county Board of supervisors, Regarding the Reuse
process of the EI Toro Marine corps Air Station be pUlled from the Calendar.
It was moved by Council member Nicholson and seconded by Council member Kerry to
approve the Consent Calendar Items NO.5 through 13, with the exception of Items No.
10,12 and 13. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item No.5: Motion to Approve City Council Minutes of the Regular Meeting of January
10, 1994.
Recommendation: That the City Council approve the Minutes of January 10, 1994, as
submitted.
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 supporting AB 688 - changes in Enforcement Provisions of
AB 939 - Integrated Waste Management
Recommendation: That the City Council go on record in support of AB 688 and
authorize the Mayor to sign the letters to be transmitted to the appropriate State
legislators.
Item No.8: Consideration of Design Review Committee's Approval of DRC #93-25 and #94-
2.
Recommendation: Receive and file.
Item No.9: Consideration of Monthly Investment Program for the Month of December
1993.
Recommendation: Receive and file.
Item No. 11: Consideration of Acceptance of various Traffic Signal
Modifications/Installations in the City of cypress, Public Works project No. 9149.
Recommendation: That the City CounCil: 1) Accept the Various Traffic Signal
Modifications/Installations in the City of cypress, Public Works project No. 9149, as being
satiSfactorily completed in substantial conformance with the Plans and specifications; 2)
approve the final retention payment, in the amount of $27,756.46, to Baxter-Griffin, 8210
Monroe, stanton, California 90680, thirty-five (35) days after the Notice of completion is
flied; 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 flied, and to
release the Faithful performance Bond upon expiration of one year's guarantee upon
the Acting City Engineer's concurrence.
END OF CONSENT CALENDAR
Regarding Item NO. 10, Renewal of Maintenance contract for Cleaning of cypress Village
Public parking Areas, Council member Nicholson questioned approving this contract
when there has been discussion on redUCing the street sweeping from weekly to bi-
weekly cleaning. Council member Bowman stated that when the landscaping company
maintains the common area each week, they do the parking lot at the same time.
Councilmember Nicholson stated her question has to do with fairness and should the
Council wait until the street sweeping for the rest of the City is decided or proceed with
this contract.
It was moved by Council member Nicholson and seconded by Councilmember Age to
continue this item to the adjourned meeting of January 31. Council member Bowman
requested that staff contact the contractor to determine if he will reduce his fee if the
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CITY COUNCIL MINUTES
January 24, 1994
parl<ing lot sweeping is changed to bi-weel<ly. The motion unanimously carried by the
follOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCllMEMBERS: None
In regard to Item No. 12, Consideration of Continuous Employment lists for the Positions
of pollee Officer - ACademy Trained Entry and lateral Entry, Council member Nicholson
asl<ed if this was the group that would be considered for the four additional pollee
officers. The Chief replied that this list was a portion of the applicants and there are
additional Interviews pending.
It was moved by Councilmember Nicholson and seconded by Councllmember Age to
receive and file. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCllMEMBERS: None
Regarding Item No. 13, Adoption of a Resolution Regarding the Reuse Process of the EI
Toro Marine Corps Air station, Council member Age stated that she had asl<ed that this
item be placed on the agenda. She reported this item was discussed at a JWA meeting
and she had reservations about it because the three options that were proposed
Include consideration of a commercial airport at EI Toro. Secondly, after the consultants
return with the three best use plans, there Is still an opportunity to express an opinion,
If It is warranted. Council member Kerry voiced concern about Irvine negotiating that It
will be Incorporated into the City of Irvine and their General Plan precludes any airport
there. Council member Bowman expressed concern about the representation.
Councilmember Age stated that she did not want to put the city In the position where
they weren't recognized and were not a part of the decision-mal<ing. The City Manager
advised that It was agreed at the last meeting that the resolution would be resent to
the cities who were neutral.
After some discussion, the City Manager advised that a letter be sent to the City of
Newport Informing them that the City of Cypress intends to continue participating with
the group of cities. It was moved by Council member Age and seconded by
Councllmember Kerry to send a letter to the City of Newport advising them that the City
of Cypress plans to continue as part of the group. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCllMEMBERS: None
Mayor Partin announced that there had been a reQuest to move Item No. 22,
Consideration of ReQuest From the Boys & Girls Club of Cypress for a loan at the 5:30
p.m. session. It was moved by Council member Bowman and seconded by
Councilmember Kerry to move Item No. 22 forward. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCllMEMBERS: None
CONSIDERATION OF REQUEST FROM THE BOYS & GIRLS CLUB OF CYPRESS FOR A lOAN. IN THE
AMOUNT OF 540.000: The City Manager presented the staff report dated January 19, 1994
which Indicated a communication had been received from the Cypress BOys and Girls
Club reQuesting consideration of a loan, in the amount of $40,000, to bring the Club
current on its debts and operating funds. The reQuest is for a no-interest loan, with no
payment for two years, after which they propose to pay 20% of the unpaid balance
each year until the loan Is paid In full.
Mr. Denis st. Clair, President Of the Board of Directors of the Cypress Boys & Girls Club,
provided a brief overview of what the Club has been doing over the past year. He
reported on their fund raisers and grants they have obtained. But, they have been
fighting a financial battle all year long with $20,000 In bacl< pay and severance pay to a
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CITY COUNCIL MINUTES
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previous Executive and Program Director, litigation fees and expenses on the van, so
they are not In good shape financially.
After a question and answer period with the Council and the Club president, the
Recreation & Park Director reported on the help provided by the District when there
was no staff at the Boys & Girls Club and they had made some recommendations for
changes to the program.
Councilmember Age suggested the Boys & Girls Club appoint a five member committee
to arrive at a structured plan and a guarantee for the next few years if the City is to
make this kind of a loan.
After further discussion, Councllmember Kerry stated she would support a loan of
$20,000 at this time and have the Club work to see what they can fund and return to
Council in six months with a progress report.
Councllmember Bowman commented that he didn't want to see the Club fold, but
would consider the loan to help the Club through the financial straits. It is not a good
Idea to look to the City for the funding because the Board is to act as fund raisers. He
would support making the loan but he believed there should be payments with Interest.
Councllmember Age requested a Closed Session to discuss this matter further.
CLOSED SESSION: Mayor partin recessed the meeting at 6:45 p.m. to enter into Closed
session to discuss matters of personnel and litigation. The meeting was reconvened at
7:45 p.m. with all Councllmembers present. Also present were City Manager/City Clerk
Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Barrett, Decarlo,
Eynon, Mulloz, storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF AllEGIANCE: The pledge was led by Mayor Pro Tem Joyce Nicholson.
At Mayor Partin'S request, the City Manager reported that the Council met at 3:30 p.m.
for three workshop discussion issues on traffic mitigation fees, Cypress Redevelopment
Agency marketing program and orange Avenue Specific Plan. He also reviewed the
actions taken by the Council during the 5:30 p.m. portion of the Agenda.
The City Attorney, then reviewed discussions held during Closed Session on three items:
a matter involving pending litigation in the application for disability retirement claim by
Jon E. HOckey; a pending litigation matter involving stanton vs. City of Cypress and a
discussion to determine if there was a significant exposure to litigation.
Mayor Partin reminded those in the audience who wished to speak during Oral
communications to fill out the Speaker Address form.
Regarding Item No. 22, a request from the Boys & Girls Club for a loan, Mayor Partin
advised that this item will be continued to the adjourned regular meeting of January 31,
1994. The motion to continue this item to January 31, 1994 was made by
Councilmember Kerry who clarified that the request was for a loan, not a donation.
Councilmember Bowman seconded the motion. Councilmember Nicholson announced
that she would abstain from the vote on the advice of the City Attorney. The motion
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Age, Bowman, Kerry and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Nicholson
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda
Mr. Bob sundwall, 5486 Vista Sierra, Cypress, commended the City Council for appointing
the Citizens Fiscal AdviSOry Committee and he referred to an article in the L. A. Times.
Mr. Soren Poulsen, 4460 Fairfield Way, Cypress, addressed the Council regarding the
Cypress school District's caretaker trailer homes that have been placed on each of the
nine elementary school grounds. A trailer had been placed directly behind his home
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CITY COUNCIL MINUTES
January 24, 1994
and it Is an eyesore, It has lowered property values and the petition drive with 39
signatures was presented to the school district on July 13 with a request to relocate the
trailer without results. Council member Nicholson stated that they will receive a status
report on this matter from the City Attorney during a later Closed Session. The City
Attorney reported that he has reviewed all the documentation and he said that this
matter will be discussed In Closed session, with the Council receiving a confidential
memorandum from the City Attorney's office on what they feel is the appropriate
action.
Mrs. Jane wozniak, 4480 Avenlda Granada, Cypress, reminded the Council she had asked
them to review putting a limit on campaign spending. She would like to see a class of
people run for Council that are interested in doing something to help the City instead
of helping themselves. She said she agreed with the CFAC findings, except the remarks
about the Police and Fire Departments and the elimination of cablecast Council
meetings.
Mr. Bill Atwood, 11253 Knott Avenue, Cypress, referred to the mailer received from the
Police Department about going to the Sheriff's Department. He stated that the Sheriff's
Department cannot respond qUickly to Cypress. He advocated giving the Police an
acceptable contract and decent salaries.
Mr. Jerry Jeholch, 5622 st. Ann, Cypress, stated that he was from an annexed area and
the reason they chose to be annexed to the City of Cypress was for pollee protection.
He recommended that the Council find the money to hire more police.
Mrs. Karen Kalzuka, 325 Travis Drive, Los osos, commented that the Cypress Police
Department is overloaded and referred to the newsletter distributed by the
department.
Mrs. sandra Joshua, 11360 Matinlcus Court, cypress, stated she was a member of the
family Involved in the shooting Incident on December 29 and she commented how
good the pollee were In helping them through this ordeal. She felt that the
department was understaffed and underpaid.
Mr. Howard Cromer, 6634 Teakwood Street, Cypress, complained about the amount of
the trash bill. He stated that Briggeman has just negotiated a ten year contract with the
City of Cypress to pick up trash and whoever negotiated that contract didn't do a very
good job of managing the City'S money.
Mr. Eugene L Zechmelster, 9452 Alderbury Street, Cypress, reminded the Council of the
many letters he had written regarding the police Department. He referred to the Pollee
Department's newsletter and suggested that the money should be spent Immediately
for wage Increases and additional officers.
Ms. Yvonne Greenelsh, 8751 Sumner Place, Cypress, expressed her dissatisfaction because
the Police Department stili didn't have a contract and she was thrilled because none of
the Council would be back after the next election. She believed that most cities have a
slush fund that can be used for special things.
Mr. Ted Hili, 10001 St. Charles, cypress, stated that the Cypress Police Department is the
best in orange county.
Mr. Steven MCKinney, 5104 Sequoia Avenue, Cypress, stated that he believed no one on
the Council had any Idea what It Is to grow up In an Inter-City ghetto where crime and
continuous Infractions of the law are the norm rather than the exception. He asked the
Council how they could even consider cutting something so vital to the community as
the pollee force.
Mr. Troy Lyman, 5134 sequoia Avenue, Cypress, commented that if this City does not
fund its Pollee Department and give them the supplies and manpower that they need to
protect this City, we will end up like some of the surrounding communities. He
expressed pride In this City, but It will deteriorate If something Is not done Immediately.
Ms. Carol Bliss, 9933 capri street, Cypress, stated she will fight for the police and firemen
and it seems compromise might be the answer, but an answer is needed. She also
stated that the citizens hire the police and firemen and she asked Why the City wasn't
paying them enough.
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CITY COUNCIL MINUTES
January 24, 1994
Mr. craig campbell, 11623 Talaud street, Cypress, spoke about the cypress Police
Department and addressed the newsletter they had distributed. He stated he had
fought the same battle as the police are fighting now and he had lost. He asked the
Council to give the CPSEA a contract and hire four additional officers.
Police sergeant John Avila, 5275 orange Avenue, Cypress, provided the Council with
some history on the CPSEA labor negotiations.
RECESS: Mayor Partin recessed the meeting at 8:45 p.m. and reconvened at 9:00 p.m.,
with all Council members present.
PRESENTATION:
The City Manager presented a plaque from Disneyland to the City of cypress for their
participation in "Mickey's Worldwide Kids' party," which was held on November 18, 1993
for less privileged children who otherwise would not have the opportunity to visit
Disneyland.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
wished to speak.
CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 72-2.
EXPANSION OF AUTOMOTIVE REPAIR FACILITY. 9052 WALKER STREET: Mayor Partin opened
the public hearing. The City Manager presented the staff report dated January 17, 1994,
which was a request from the applicant that this item be withdrawn from City Council
consideration.
It was moved by Council member Age and seconded by Councilmember NIcholson to
approve the request to withdraw the application for Amendment to Conditional Use
Permit NO. 72-2. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT
NO. 93-7. ESTABLISHING REQUIREMENTS AND PROCEDURES FOR SINGLE ROOM OCCUPANCY
DEVELOPMENTS: The public hearing was opened by Mayor Partin. The City Manager
advised that the staff report dated January 11, 1994 was a request from staff to
continue this item to allow time for additional research.
It was moved by Council member Nicholson and seconded by Council member Kerry to
continue this item to the meeting of February 14, 1994. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93-12. OUTDOOR SWAP
MEET. NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET: Mayor partin
declared the public hearing open. The City Manager advised that the staff report dated
January 17, 1994 was a request for continuance of this item.
It was moved by Council member Kerry and seconded by Council member Nicholson to
continue this item to the Council meeting of February 28,1994. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93-18. RESTAURANT
INCLUDING SIX (6) VIDEO GAME MACHINES AND ON SITE SALE OF BEER AND WINE. 9921 WALKER
STREET: The Mayor opened the public hearing. The staff report dated January 7, 1994
was presented by the Planning Director. The application represented a request to
operate a pizza restaurant, including six video game machines and the sale of onsite
beer and wine. In accordance with the requirements of the California Environmental
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CITY COUNCil MINUTES
January 24, 1994
Quality Act, a Negative Declaration had been prepared for this project. The proposed
location of the restaurant Is an existing lease space at 9921 walker street In the cypress
Plaza shopping Center. Staff researched all conditional use permits related to the
subject shopping center In order to evaluate the parking provisions and compatibility of
uses within the center, including the proposed pizza parlor. Notices of this public
hearing were posted, published and mailed to all property owners within 300 feet of
the subject parcel. To date, staff has not received any communication regarding the
proposed project.
The applicant, Robert Bautista, 940 South Barton court, Anaheim, replied that he is
proposing to operate the same type of business as previously occupied the site.
No one wished to speak in support of or in opposition to the application.
Mr. Bob Sundwall asked if video games were considered to be gambling and the answer
provided by the Council was In the negative.
It was moved by Councllmember Bowman and seconded by Councilmember NIcholson
to close the public hearing, approve the Negative Declaration in accordance with the
California Environmental Quality Act and approve Conditional Use Permit No. 93-18,
subject to conditions. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCllMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-
1. FIVE (5l YEAR EXTENSION OF HOTEL REQUIREMENT. NORTHWEST CORNER OF KATEllA
AVENUE AND WALKER STREET. ADJACENT TO THE LOS AlAMITOS RACE COURSE: Mayor Partin
opened the public hearing. The staff report dated January 11, 1994 requested a
continuation of this item to allow additional time to give proper notice of the publiC
hearing.
It was moved by Council member Nicholson and seconded by Council member Kerry to
continue this item to the February 14,1994 City Council meeting. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCllMEMBERS: None
o COUNCllMEMBERS: None
CONTINUATION OF CONSIDERATION OF ISSUES FOR RECOMMENDED CITY-WIDE TRAFFIC FEE:
The Planning Director summarized the discussion held at the Traffic Fee workshop and
presented to the City Council seven speCific action items that required direction from
the Council so they could be included in the traffic fee that will be presented on
January 31. The seven items were as follows:
1. Council accepted the final mitigation list shown in Table #3 on page 20, adding
the Katella Avenue and valley View Street right-of-way as an additional
improvement.
2. City Council accepted the City staff estimates that 20% of the mitigation costs
can be paid by the City.
3. The Council chose the "No Funding Gap Alternative" (Alternative Cl as the
preferred methodology.
4. The Council chose the fee base of "AM & PM" peak.
5. The fee presented will be the cost per square foot method.
6. Indication was given by the Council that for the Shopping Center-Retail uses,
"With Reductions" rates should be used; eliminate specialty strip centers as a
separate category; for restaurants, it was determined that the ITE fee should be
applied "With Reductions"; regarding the Business park category, the 35% TOM
should continue to be assumed; for light industrial/warehouse uses,
manufacturing, it was directed by City Council to include a 35% TOM assumption;
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January 24, 1994
and, finally, for corporate/single tenant office, the definitions should be the same
but the single tenant fee should be used as the rate.
7. Council agreed that the fee should be based on square footage as shown in Table
4.
The actual Resolution and Ordinance adopting the fee will be brought before the City
Council at the January 31, 1994 meeting.
Councllmember Bowman stated that he was not In favor of Including the existing vacant
structures in the traffic fee unless there was a change In use. The City Manager
suggested that this Issue be drafted Into the ordinance.
It was moved by Councllmember Bowman and seconded by Councilmember Nicholson
to continue this item to the meeting of January 31, 1994. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kerry, NiChOlson and partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF COMMUNICATION FROM THE CYPRESS PUBLIC SAFETY EMPLOYEES
ASSOCIATION REGARDING THE FINANCIAL CONDITION OF THE CITY: The City Manager
reported that he had transmitted a copy of the CPSEA's communication to the City
Council, which requested them to authorize an independent audit of the City's fiscal
condition.
Mr. Lee Buzzard, chief negotiator for the Cypress Public safety Employees Association,
stated that they have submitted a letter of general concerns associated with the
current condition of the City's finances, including a specific request for Council
consideration. He complained about not receiving information and not understanding
Information associated with the budget as It is produced. Their Independent
assessment of the general financial condition of the City also has given rise to some
specific conclusions by their financial analyst. They suggest they have a significant
factual dispute over the state of the crisis or no crisis that the City Is confronted with in
budgetary terms. He then referred to some of the discrepancies perceived by their
financial analyst. It appeared that the appropriate thing to do was to hire some
reputable firm to perform an Independent review of the budget. He invited the Council
to ask him questions on the status of negotiations as they exist at this time. He then
Introduced pollee Officer David Blrozy, who wished to address the Council on financial
questions.
pollee Officer Blrozy expressed concern about the citizens and the officers In the third
year without a raise and the second year without a contract. He then asked questions
about the City's liability regarding the City Manager's PERS benefit. He also had
substantial questions about the CFAC report.
Councllmember Age suggested that the January 31 meeting be cablecast to give the
CFAC the opportunity to respond to some of the questions and Councilmembers
concurred.
Officer Birozy stated he would defer his other questions to next week's meeting.
Mayor Partin asked for a copy of all the questions and Officer Birozy would prepare that
list and provide it to staff.
Council member Age expressed a concern that the January 31 meeting hours of 6 p.m. to
10 p.m. would not be enough time.
The City Manager responded that the City-wide Traffic Fee urgency Ordinance had to be
approved because of the deadline set by another agency, the orange Avenue Specific
Plan and Cypress Boys & GirlS Club would be on the Agenda with the main issue being
the meeting with the Citizens Fiscal Advisory Committee.
Mayor Partin asked if the Council were losing sight of the fact that the meeting was to
be a joint meeting with the CFAC to ask questions of them. Council member Kerry
remarked that she understood the meeting was with CFAC and the Council and the
public was welcome, but It would not be a public in out meeting. Councilmember Age
said that she was not planning on making any decisions at that meeting.
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CITY COUNCIL MINUTES
January 24, 1994
After further discussion, Officer Birozy continued with his questions to Council about
the Citizens Fiscal Advisory Committee. He invited the Council to meet with the CPSEA
and discuss the issues he had raised.
Councilmember Age requested a copy of the questions be provided to the Chairman of
CFAC because many of the questions will require a direct response from the Committee.
CFAC Chairman Reynold Elkin explained that the questions asked by Police Officer Birozy
came from the Executive summary and not the body of the report, which would have
provided some explanations. He clarified that the Committee did not recommend the
Sheriff's Department and was stated totally out of context. Their opinion is that the
Committee meet with the City Council so they would have the opportunity to explain all
of the findings and recommendations made in the report. He had no objection to
meeting with the CPSEA and attempting to explain any of it
Council member Nicholson suggested that the Council meet with the CFAC and review
the various items. The CPSEA had given Council their questions and as they listen, the
conversation between Council and CFAC will answer most of their questions.
Council member Age clarified that the Council will meet with the CFAC and not debate
with the CPSEA.
The City Manager proposed that the City staff not be a participant in the discussion until
the dialogue is complete because there are issues and questions in the minds of staff
that would not be appropriate for comment during the meeting.
Councilmember Kerry remarked that if it appeared that more time is needed, then the
meeting be continued to TUesday, February 1. She referred to the explanation from the
Finance Director regarding the questions from CPSEA and citizens and she suggested
that document be read.
The Finance Director clarified and responded to each question posed by the CPSEA.
The City Manager stated that the City of cypress has continued to be presented the
national "outstanding Financial statement Award" year after year which is a national
recognition of cities who are the most effective in dealing with the accountability,
reporting and consistency of budget and financial statements.
Mr. Buzzard had some additional questions on the budget which were responded to by
the Finance Director.
Responding to Council member Bowman, the Finance Director explained the difference
between an audit and a review of the budget.
Council member Bowman asked staff to look into the cost of conducting an operational
audit by an outside firm. He asked the CPSEA representative if their interest was in
knowing how the revenue was spent and if it was accurate and correct.
Mr. Buzzard replied that they are interested in two things: a management audit or
operational audit with regard to the scope and method of hOw things are done and
how money is spent. The CPSEA is also interested in an assessment of financial practice
as it relates to the development and promulgation of the budget for the outside
reader.
After some discussion, Council member Kerry stated that there is a financial crisis within
the City, which is the reason the CFAC was formed and why they have made their
recommendations.
Mayor Partin stated that the City has known that the financial problem has been
coming, each year less and less services are performed in the City and now basic services
cannot be cut any further or matching funds from other programs will be lost
Mr. Buzzard stated that the Association does not accept that the City is in a fiscal crisis
and the City is now confronted with a labor relations problem that's so explosive that
it's probably gOing to elude control.
CONSIDERATION OF CHAMBER OF COMMERCE MAP ARTWORK: The City Manager presented
the proposed rendition of the City Map with the color for the back and front covers
consistent with the Council's prior direction. The Assistant City Manager suggested that
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CITY COUNCIL MINUTES
January 24, 1994
wording be placed on the front and back covers stating "Paid for by the City of Cypress
and the Cypress Redevelopment Agency" in the same fashion as the "published by the
Cypress Chamber of Commerce" is on the front side.
Sheila Elkin, Executive Director, voiced her agreement with the Assistant City Manager's
suggestion.
It was moved by Councilmember Age and seconded by Council member Nicholson to
approve the Chamber of Commerce Map artwork. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF REQUEST FROM THE BOYS & GIRLS CLUB OF CYPRESS FOR A LOAN. IN THE
AMOUNT OF S40.000: Mayor partin announced that the Council had continued this item
to January 31, 1994.
CONSIDERATION OF CATV COMMISSION RECOMMENDATION TO CONDUCT AN AUDIT OF
COPLEY/COLONY RATE REGULATION FCC FORM 393 FILING: The Assistant City Manager
summarized the staff report dated January 17, 1994, which described the City's
certification to regUlate its cable television rates effective October 10,1993.
subsequently, the City has received the FCC Form 393 rate regulation initial filing by
copley/Colony. After staff had concluded its preliminary review of form and the
supporting worksheets, it was realized that several types of figures were used that could
not be verified by staff. Discussions were held with the City Attorney's office about the
feasibility of the City auditing figures used in completing FCC Form 393 using Diehl,
Evans and company to perform a limited procedures audit of copley/Colony's figures. A
formal written report would be provided of their analysis, with individual fOllOW-UP
meetings with Copley/colony, the City staff and, finallY, with the City Council at the City'S
rate regulation public hearing scheduled for March 14, 1994. A report can be completed
in a timely manner with their review with Copley/Colony accomplished prior to the CATV
Commission's March 3 meeting and the written report would be available to the public
at that time.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to: 1)
authorize the engagement of Burke, Williams & sorensen, in association with Diehl, Evans
and company to provide legal and accounting services to audit copley/Colony
Cablevision of Cypress' basic tier cable television rate regulation filing (FCC Form 393)
with the FCC; and 2) set the subject public hearing for receiving public comment on the
filing for Monday, March 14, 1994 at 7:30 p.m. The motion unanimously carried by the
fOllOWing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Partin recessed the meeting at 11:00 p.m. and reconvened at 11:05 p.m.
with all Council members present.
CONSIDERATION OF REQUEST FOR POLICY DIRECTION REGARDING FREESTANDING SIGNS ON
LINCOLN AVENUE: The Planning Director reviewed the staff report dated January 20,
1994, which described two requests for free standing pole.type signs on properties
located along Lincoln Avenue. In recent years, the City Council has commonly required
monument-type freestanding signage through conditional use permits for new
developments city-wide. The City Council has not yet adopted the new Draft Cypress
Sign Ordinance and the Lincoln Avenue SpeCific Plan is still being drafted. Until these
guidance documents are adopted, the Design Review Committee requests City Council
policy direction regarding the preferred type and height of freestanding signage along
Lincoln Avenue. A written policy would give clarification to the development
community as to the City Council's preference regarding freestanding signage design on
Lincoln Avenue. This type of poliCY will also preserve the applicant's right to appeal
Design Review Committee denial of a pole-type freestanding sign to the City Council.
Council member Age expressed her dislike for the tall pole signs and asked If it were
possible to have a waiver informing people that, at some point in time, there will be a
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CITY COUNCIL MINUTES
January 24, 1994
sign ordinance In place. If the applicants want to spend the money for the signage, sign
the waiver knowing, that In three or four years, they may have to remove the sign.
Council member Bowman suggested that pole signs be approved on an Individual basis
and if the sign Is approved, It would be until there is a specific plan in place. If the
individual does not receive satisfaction through Design Review, they can then go before
the Council.
The City Attorney cautioned that the waiver has to be structured so the Individual Is
well aware at the outset what the circumstances are on pole signs when a sign
ordinance is passed.
The Planning Director clarified that the signs will be approved, except that the sign
might have to be removed or modified after two years and that an agreement be
signed to that effect.
CONSIDERATION OF ATTENDANCE AT THE 1994 CYPRESS COLLEGE AMERICANA AWARDS
BANQUET: The staff report dated January 19, 1994 Indicated that the City Council had
received Invitations from the Cypress College Americana Awards Banquet committee,
requesting the City participate In this annual event, to be held at the Disneyland Hotel,
on March 3, 1994, at the cost of $1 SO/person or $1,soo/table.
It was moved by Councilmember Bowman and seconded by Council member Age to
purchase a table. Councllmember Nicholson voiced the opinion that a spouse should
not be Included and Council members should pay for their respective spouses.
Council member Bowman concurred. After some discussion, Council member Bowman
remarked that the City should have the responsibility of purchasing a table and If he
takes his spouse, he would reimburse the City for that amount. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Age, Bowman, Kery, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF THE AUTHORIZATION OF THE ISSUANCE AND SALE OF THE "COMMUNITY
FACILITIES DISTRICT NO.1 (SORRENTO HOMES) 1994 SPECIAL TAX REFUNDING BONDS" AND
CERTAIN RELATED ACTIONS: Councilmember Age announced that she would abstain from
voting on this Item because It deals with her employer, Bank of America, and she
excused herself from the podium. The Finance Director summarized the staff report
dated January 19, 1994, WhiCh suggested that, In light of current favorable Interest rates
and the progress of the Sorrento Homes development, It Is now advantageous to
refund the 1990 Bonds by Issuing new bonds at much lower Interest rates, thereby
reducing the annual levy of special taxes and aChieving a net total present value savings
of over $1 million. This savings will be passed on to the property owners who pay the
annual special tax. The City Council Is requested to consider the attached resolution
authorizing the issuance, sale and delivery of refunding bonds and approve the form
and the execution and delivery of the documents in substantially the forms as
presented.
Councilmember Bowman commented that it was incumbent upon the City to notifY the
homeowners that they do have the right of a buyout provision.
MS. Maryanne Goodkind, Burke, Williams, Sorensen and Gaar, responded to Council
questions on taxes, prepayment, buyout provisions and buyout premiums.
Councilmember Bowman suggested a notice be given to the purchasers of the property
that there is a buyout provision available.
The City Manager suggested that those homeowners interested in the buyout provision
be invited to a meeting with the experts In attendance to explain the provisions
directly.
After explanation by the Finance Director, Ms. Goodkind further explained that in this
refunding issue, if prepayment is a concern, possibly adding a different kind of
redemption category that would be solely for those people who prepay to make sure
that they don't have to go for the ten years, possibly five or seven years. The Investor
would know that the only time this redemption would occur is in the occurrence of a
prepayment.
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CITY COUNCIL MINUTES
January 24, 1994
After some discussion, the City Manager asked If the bond could be bid both ways and
determine the difference In the rate before the actual closing.
Mr. scott Baldridge, Whipple, Kinsell & O'Neal, Inc., Laguna Nlguel, mentioned the option
of a special mandatory call specifically for prepayments of the special tax, the effect
that has on the overall yield and Council can then decide what Is beneficial.
Council member Bowman suggested that the City Manager and the Finance Director
determine what the price of the bonds would be using the two options presented.
The Finance Director mentioned that with the longer period of time, the Investment
rates will, most probably, start going back up.
Council member Bowman, the City Manager and the Finance Director would form a
committee to determine which option to choose when the bond consultants return.
It was moved by Councllmember Nicholson and seconded by Council member Bowman
to adopt the Resolution by title only, title as follows, authorizing the Issuance, sale and
delivery of the Community Facilities District No.1 1994 special tax refunding bonds.
RESOLUTION NO. 4275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS
THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO
HOMES) OF THE CITY OF CYPRESS, MAKING CERTAIN FINDINGS AND AUTHORIZING THE
ISSUANCE, SALE AND DELIVERY OF THE COMMUNITY FACILITIES DISTRICT NO.1
(SORRENTO HOMES) 1994 SPECIAL TAX REFUNDING BONDS, IN A PRINCIPAL AMOUNT OF
APPROXIMATELY FOURTEEN MILLION EIGHT HUNDRED SIXTY-FIVE THOUSAND DOLLARS
<$14,865,000); AUTHORIZING THE RETENTION OF BOND COUNSEL AND AN UNDERWRITER
IN CONNECTION THEREWITH; APPROVING DOCUMENTS; AND AUTHORIZING BOND
COUNSEL, THE UNDERWRITER AND OTHER PARTIES TO TAKE CERTAIN ACTIONS
NECESSARY TO ACCOMPLISH THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
Due to the lateness of the hour, It was moved by Council member Age and seconded by
Councilmember Nicholson to extend the meeting beyond 11:30 p.m. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 8269 -
84S0: It was moved by Councilmember Nicholson and seconded by Councilmember
Kerry to approve Warrants No. 8269 through 84S0 in the amount of $995,103.50. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
ORAL COMMUNICATION: For Matters Not on the Agenda.
The Assistant City Manager, David Barrett, announced that he had taken advantage of an
offer of the position of Executive Vice President In private industry and he will be
leaving his position with the City effective March 18.
Council member Kerry asked about an update on the Airport Land Use Issue. The
Planning Director provided the Council with copies of two documents: one is a
comment letter from the Business Park owners for comments from Council and.a copy
of the AICUZ stUdY as it was modified by the landowners because they met with some
representatives of the base and they Indicated that they had some concerns with the
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38 'I
CITY COUNCIL MINUTES
January 24, 1994
draft as previously proposed. The noise study that was prepared that the landowners
are requesting be considered would be more beneficial to the City of Cypress.
The City Manager advised that It would take two actions, I.e., an action to add the Item
to the Agenda as an urgency because the communications were not received In time to
prepare them prior to the meeting. second, there Is deadline of January 25, 1994 to
finalize the response.
It was moved by Council member Nicholson and seconded by Council member Bowman
to add the AICUZ study to the agenda as Item No. 27A. The motion unanimously carried
by the fOllowing rOil call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Councilmember Age asked how the final determination was to be made and
Council member Bowman responded that the Airport Land Use Commission took the
comments from the pUblic and representatives from the Base. Those representatives
advised that whatever they decide on will be taken to the Department of Defense and
they mayor may not incorporate any public comment into the study. A special hearing
has been set for February 4 because they haven't received comments from the City of
cypress. The Planning Director had a faxed copy of the potentiallY revised standard and
requested authorization to send the letter tomorrow to AICUZ and the Airport Land Use
Commission.
It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to
direct staff to send the letter to AICUZ and the Airport Land Use Commission. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin.
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
ORAL COMMUNICATIONS: The City Manager commented on the CPSEA final report and the
Finance Director's response to that report and the full report that was made to Council
be given to the CPSEA.
WRITTEN COMMUNICATION: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor Partin recessed the meeting at 12:05 p.m. in order to hold a
closed session. The meeting reconvened at 1:10 a.m.
ADJOURNMENT: At 1:10 a.m., Mayor partin adjourned the Council meeting after the
Closed Session to 6:00 p.m., Monday, January 31, 1994 in the Council Chamber.
/dJ~~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
F CYPRESS
14