Minutes 95-01-09
/-'7//
SoY
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 9, 1995
The Regular Meeting of the cypress City Council was called to order at 5:34 p.m.,
Monday, January 9, 1995 in the Council Chamber, 5275 orange Avenue, cypress, Mayor
Pro Tem Walter Bowman presiding.
PRESENT:
ABSENT:
Councilmembers Carroll, Jones, Kerry and Bowman
Mayor Age
Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh
and staff members Bacock, Christoffels, Decarlo, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF PLAYGROUND EQUIPMENT AND
ALLOCATION OF APPROPRIATION OF FUNDS FROM CAPITAL OUTLAY: The Recreation and Park
Director summarized the staff report dated December 16,1994, which indicated the
need for replacement of deteriorating Playbooster playground equipment. A design for
Oak Knoll Park had been chosen as it maximized play opportunities and meets current
ADA regulations. AdditionallY, there are currently no swing sets on EuCalYPtus and
Maple Grove South parks and residents have requested them. Because the swing sets
are proposed to match current equipment placed on site and due to size specifications
and the need to maintain consistency of equipment on Oak Knoll park, it Is required that
a single manufacturer of playground equipment be used. The sole vendor representing
Landscape Structures for this region is Coast Recreation.
It was moved by Councilmember Kerry and seconded by Council member Jones 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.
2. Appropriate general fund monies from the Open space Fund 4186-12-530-29
account In the amount of $32,815.48 for the purchase of playground equipment
requested from Coast Recreation, 2082 S.E. Bristol, Suite #1, Newport Beach, CA
92660, and authorize the purchase of such equipment for the reasons outlined in
th is report.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: CarrOll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
RECESS: Mayor Pro Tem Bowman recessed the meeting at 5:45 p.m. to enable the
Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 5:50
p.m. with all Councilmembers present except Mayor Age.
CONSIDERATION OF AWARD OF CONTRACT FOR THE ASBESTOS ABATEMENT, DEMOLITION, AND
CLEARANCE OF VARIOUS ORANGE AVENUE PROPERTIES (ERSKINE PROPERTIES EAST OF THE
CIVIC CENTER). PROJECT NO. 9412: The Public Works Director presented the staff report
dated December 21,1994 which indicated three bids were received for the asbestos
abatement, demolition and clearance of the various orange Avenue properties. At this
time, staff sought approval for a contract change order to be negotiated with the
contractor to add the Church of Christ property to this contract. It was moved by
Agency Member Jones and seconded by Agency Member Kerry to:
1. Determine that the lowest responsible bidder for Public Works project No. 9412
to be Charlie Ray Gann, dba C, R. Gann Demolition, Inc.,
2. Award a contract for the Asbestos Abatement, Demolition and Clearance of
Various orange Avenue properties to Charlie Ray Gann, dba, C. R. Gann Demolition,
Inc., 4020 Bain st., Mira Loma, California 91752, in the amount of S30,384.00 (award
1
/- 1/,^
309
CITY COUNCIL MINUTES
January9,1995
amount of $24,384.00 pius $6,000.00 to cover the cost of the change order for
Church of Christ propertyl.
3. Authorize staff to negotiate a contract change order, for an amount not-to-
exceed $6,000.00 to add the asbestos abatement, demolition and clearance of the
Church of Christ property, 9421 walker street, cypress, to the contract.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 AGENCY MEMBERS: Carroll, Jones, Kerry and Bowman
o AGENCY MEMBERS: None
1 AGENCY MEMBERS: Age
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.
Mayor Pro Tem Bowman asked that Item No. 12, Consideration of Acceptance of the
street Rehabilitation and Slurry Seal of various Alleys, Civic Center parking Lot and
Wellson Drive, Public Works project No. 9316 be removed. Councilmember Carroll
requested Items NO.9 and 14, Consideration of Personnel File Records purge and
Consideration of MonthlY Investment program for the Month of November 1994,
respectively, be pulled. Councilmember Kerry asked that Item NO. 11, Consideration of
a Continuous Employment List - Police Officer (ACademy Trained Entry) be removed.
It was moved by Council member Kerry and seconded by Council member Jones to
approve the Consent Calendar Items NO.3 through 15, with the exception of Items NO.9,
11,12 and 14. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
Item NO.3: Motion to Approve City Council Minutes of December 12,1994 and
December 27, 1994,
Recommendation: That the City Council approve the Minutes of the regular meetings of
December 12,1994 and December 27,1994, as submitted.
Item NO.4: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented
for Consideration by Title only and to waive Further Reading.
Item No.5: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Shirley Ann Godlewski, D.B.A. Gordy'S Pizza, 6189-6195 Ball Road, cypress.
Recommendation: Receive and file.
Item NO.6: Consideration of Adoption of Resolution Commending Eagle Scout James
DeForrest Campbell.
Recommendation: That the City Council adopt the Resolution of Commendation by title
only, title as folloWS, for Eagle Scout James DeForrest Campbell.
RESOLUTION NO. 4426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT JAMES DEFORREST CAMPBELL ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No.7: Consideration of Attendance of the Finance Director to the 89th Annual
Conference of the Government Finance Officers Association.
Recommendation: That the City Council authorize the attendance of the Finance
Director to the 89th Annual Conference of the Government Finance Officers Association
to be held in Baltimore, Maryland, on June 11-14, 1995, and be reimbursed for all actual
and necessary expenses incurred.
2
310
CITY COUNCIL MINUTES
January9,1995
Item NO.8: consideration of Design Review Committee's Approval of DRC #94-25, #94-26,
#94-31 and #94-32.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
fOllOW:
RESOLUTION NO. 4427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 94-25 - WITH CONDITIONS.
RESOLUTION NO. 4428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 94-26 - WITH CONDITIONS.
RESOLUTION NO. 4429
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 94-31 - WITH CONDITIONS.
RESOLUTION NO. 4430
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 94-32 - WITH CONDITIONS.
Item NO. 10: Consideration of Authorization of a Used Oil Recycling Block Grant
Application.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, authorizing the joint application for a 1994/95 Used Oil Recycling Block Grant for
the cities of cypress, La Palma, Los Alamitos and Seal Beacn.
RESOLUTION NO. 4431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING A JOINT
USED OIL RECYCLING BLOCK GRANT APPLICATION.
Item No. 13: Consideration of Recommendation from the Senior Citizens Commission
Concerning an Adult Day Care Facility.
Recommendation: Receive and file.
Recreation and Park District Matters:
Item No. 15: Consideration of Employment List - Recreation Coordinator,
PlaygroundsNouth Sports/Day camp.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the cypress Recreation and Park District, receive and file the subject
Employment List.
END OF CONSENT CALENDAR
Regarding Item NO.9, Personnel File Records Purge, Councilmember Carroll asked if this
meant there was no record of these people working for tne City. Chief Wicker replied
that the only record retained would be name, dates of employment and employment
standing. It was moved by Councilmember Jones and seconded by Councilmember
Carroll to authorize the destruction of the previously named police Department's
personnel records, in accordance with Government Code Section 34090 and City Council
Resolution No. 2338, dated February 9,1981. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
3
CITY COUNCIL MINUTES
/- q -I
311
January9,1995
In regard to Item No. 11, Continuous Employment List - Police Officer, Councilmember
Kerry questioned the expiration dates for the two candidates. The Personnel Director
confirmed that the date should be 6/19/95 rather than 6/19/94. It was moved by
Councilmember Kerry and seconded by Councilmember Jones to receive and file with
the corrected dates. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
With regard to Item No. 12, Street Rehabilitation and Slurry Seal of Various Alleys, Mayor
Pro Tem Bowman advised that this matter was brought to hi~ attention by Mr. Reynold
Elkin. Mr. Elkin asked if the "various alleys" were in Tanglewood and the Public Works
Director responded in the affirmative, Mr. Elkin stated that the repair that took place
has deteriorated since it was done and is continuing to do so. The Public Works Director
advised that there are areas that the contractor will be touching up. It was moved by
Councilmember Kerry and seconded by Councilmember Jones to continue this item to
the meeting of January 23, 1995. The motion unanimously carried by the following roll
call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
Regarding Item NO. 14, Monthly Investment Program for November 1994,
Councilmember Carroll referred to a booklet that had been provided by the Finance
Director containing Robert Citron's reports to the Board of Supervisors. He asked City
staff to present to the Council recommendations to change the pOliCY on diversification
and investment instruments. The Finance Director requested that these discussions be
done during a workshop session. The City Manager suggested this item be scheduled
for the first meeting in February with a workshop session prior to that meeting. It was
moved by Councilmember Carroll and seconded by Councilmember Kerry to receive and
file the monthly investment report for November 1994. The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
ORDINANCES (Second Readinq:
It was moved by Council member Kerry and seconded by Councilmember Jones to order
the following Ordinance read by title only, title as follows and to adopt the Ordinance
amending the Civic center, the Lincoln Avenue and the Los Alamitos Race Track and Golf
Course Redevelopment Plans to establish time limitations.
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CIVIC
CENTER REDEVELOPMENT PLAN, AS AMENDED, THE LINCOLN AVENUE REDEVELOPMENT
PLAN AND THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PLAN
TO ESTABLISH TIME LIMITATIONS REQUIRED UNDER THE PROVISIONS OF CALIFORNIA
HEALTH AND SAFETY CODE SECTION 33333.6.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
It was moved by Councilmember Kerry and seconded by Council member Jones to order
the fOllowing Ordinance read by title only, title as follows, and to adopt the Ordinance
establiShing a Water Quality Ordinance.
4
'/#
312
CITY COUNCIL MINUTES
January9,1995
ORDINANCE NO. 933
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING ARTICLE IV,
CHAPTER 13 AND ADDING NEW ARTICLE IV ESTABLISHING A WATER QUALITY
ORDINANCE.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
upon advice from the City Attorney, the City Manager added the Emergency
Proclamation as Item No. 21a on the Agenda.
CLOSED SESSION: Mayor Pro Tem Bowman recessed the meeting at 6:05 p.m. to allow the
Council to enter into Closed Session to consider those agendized items of: five potential
cases of anticipated litigation (Government Code Section 54956.9) and two liability claims
(Government Code Section 54956.95) of Alan John Hooper and Nathan Shnayderman vs.
the City of cypress. The meeting reconvened at 7:32 p.m. with all Councilmembers
present except Mayor Age.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Carroll.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Tony smith, 6033 Trinidad Avenue, cypress, registered a complaint against the City
Attorney on the poor legal advice he gave the City Council and asked the Council to take
immediate steps to terminate the City's relationship with John cavanaugh and the firm
of Rourke, Woodruff and spradlin. The full text of the complaint is on file in the City
Clerk's office.
Mr. Donald D. wesling, 11431 Anegada street, cypress, spoke on the qualifications of
Councilmembers and possible motives. He said he never got notification of the publiC
hearing and was informed by a neighbor of the proposed warehouse. He felt that they
have been forced to take an action that is not conducive to good relations between the
Council and the citizens.
Mr. Bob Pepper, 6273 Trinidad Avenue, cypress, noted that the City of cypress had $5.8
million invested in the bankrupt Orange County Investment Pool and that item was not
on the Agenda. He had some questions about that investment that he would like
answered this evening.
MS. Regan Smith, 6033 Trinidad Avenue, Cypress, stated that she understood the process
quite well and was angered by the inference that she was not. She remarked that the
previous City council, City Manager and City Attorney gave erroneous information or no
information at all, she has spent many hours and dollars trying to protect what is
rightfully hers and she has certainly learned the process. She mentioned the amount of
sales tax dollars, payback to Warland Investments and the tax revenue is questionable.
She understood fully that the previous Council violated the Brown Act in september and
october, that each and everyone could still make a motion to reconsider the action of
the previous council, the project was acted upon in great haste, and they understood a
great deal more than the Council would like them to.
MS. Mary Griffin, 6882 Reef ton Avenue, cypress, stated she borrowed two of her
neighbors trash cans, but the trash haulers only picked up one. When asked, Briggeman
said they would only pick up one trash can. She said the card Briggeman distributes
indicates that if there is more than one container, to put it out.
The City Manager will respond to this concern.
Mrs. Mary crowder, 6881 Reef ton Avenue, Cypress, referred to the above trash
complaint. She stated she called City Hall, they informed her that they are only
supposed to have one barrel but Briggeman's card does not mention that only one
barrel is allowed. She asked the City to take action with Briggeman to get this matter
straightened out now or she will retain an attorney,
Mr. Loren Van Tuyl, 9542 Margaret street, Cypress, referenced the derogatory remarks
about the City of Commerce made by some of the Cypress citizens and he mentioned
5
/ -9/ft>
313
CITY COUNCIL MINUTES
January9,1995
the wealth of that City. The City Council does their best for all the citizens, not just a
few. He talked about the recall, how awful he considered it and he would oppose it.
Mr. Ted Hill, 10001 st. Vincent Cr, cypress, voiced his opposition to the recall of two
Council members.
Mr. Tony Aguilar, representing Southern California Edison company, spoke on behalf of
SoCal Edison, thanked the residents of the City of cypress for their patience during the
prolonged outages experienced during the recent storm. He offered his services to
plan in the event of future emergencies to minimize the effects in the future.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M, Agenda. No one
wished to speak.
At the request of Councilmember Jones, Mayor pro Tem Bowman explained the Oral
Communications (for matters not on the Agenda) process.
Council member Kerry read her response to the recall petition, a copy Of which will be
on file in the City Clerk's office on January 10.
Mayor Age's response to the recall petition was read by Mayor Pro Tem Bowman in her
absence.
The City Manager reviewed the actions taken by the City Council during the 5:30 p.m.
portion of the meeting.
The City Attorney reviewed discussions held during the Closed Session on those
agendized items of: conference with legal counsel regarding anticipated litigation and
liability claims presented by Alan Hooper and Nathan shnayderman. No decisions
requiring disclosure were made on the matters discussed in Closed Session.
Mayor pro Tem Bowman requested the City Manager review the events of the saturday,
January 7, 1995 workshop session. The City Manager reported that the workshop was
initially scheduled for budgetary and mid-year departmental review. However, citizens
were invited to attend from the areas hardest hit during the rainstorm to review the
impact of the storm and indicate what has transpired in the interim. The City had
decided that there was sufficient damage to declare cypress a disaster area to be
submitted to both the county and the State. sandbags are available for the citizens at
the City Yard. The City Manager then asked the Public Works Director and Chief of Police
to explain the magnitude of the storm and they briefly summarized the emergency
process.
The City Manager mentioned that there is consideration being given to the reactivation
of the Neighborhood Watch program.
The Finance Director provided the citizens with the latest information on the Orange
County Investment pool bankruptcy and the orange County bankruptcy situations,
which are on-going, with meetings being held with the Creditors' Committee. This item
will be on the agenda as further information is forthcoming.
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAB
FRANCHISE -DIAMOND CAB CO.: Mayor Pro Tem Bowman opened the pUblic hearing. The
City Manager announced that a letter had been received from Robert Meseer, owner of
the Diamond Cab co., requesting that this item be continued.
The Personnel Director notified the Council that there was a representative present
from another cab company
Mr. Doug Gibson, Operations Manager for North orange county Yellow Cab, asked if it
were appropriate for him to speak at this time in light of the requested continuance,
He felt his company was providing good taxicab service for the City of Cypress and they
have directed a letter to the City Manager addressing some of their concerns. He
volunteered to answer questions at this time.
It was moved by Councilmember Kerry and seconded by Councilmember Jones to
continue this hearing to the Council meeting of February 13,1995. The motion
unanimously carried by the following roll call vote:
6
314
CITY COUNCIL MINUTES
January9,1995
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-24, EXPANSION OF
BEER AND WINE LICENSE TO INCLUDE GENERAL ALCOHOL, 5011 BALL ROAD: The public
hearing was opened by Mayor Pro Tem Bowman. The staff report dated December 27,
1994 was summarized by the Planning Director. The application represented a request
to add offsite sale of general alcohol to the existing Cypress Market located at 5011 Ball
Road In the CN Commercial Neighborhood Zone. In accordance with the requirements
of the California Environmental Quality Act, this project has been determined to be
categoricallY exempt, Class 1. Staff researched the history of licensing at the site and
found that this location has had both general alcohol and beer and wine licenses. The
applicant is proposing to expand the existing liquor license from a Type 20, offsite sale
of beer and wine to a Type 21, offsite sale of general alcohol. Staff had concluded that
the addition of general alcohol products to the merchandise currently offered at this
faCility will not change the existing use or primary character of the market. Notices of
the public hearing were posted, published and mailed to all property owners within a
300 foot radius of the subject property. To date staff has not received any comments
regarding this matter. She referenced Condition NO.4, which indicated that should
substantiated complaints be received, the City Council shall maintain the right to modify
or revoke the conditional use permit.
Councilmember Carroll asked how many offsite sale of general alcohol licenses per
capita existed in the City of cypress and the Planning Director stated she would provide
that information. Councilmember Jones expressed some concern about the
information being requested. Councilmember Carroll would not oppose this permit
tonight but he would like that information.
The applicant, Mr. Kim, stated that the staff report covered the situation well and he
had no suggestions to make.
Councilmember Kerry advised the applicant of the City Ordinance on window signage
and he indicated he would comply.
No one wished to speak in support of or in opposition to the application.
Chief Wicker reported that their records show a total of about 20 Police responses to
this location in the past three years and the majority of the calls did not concern liquor-
law violations.
It was moved by Councilmember Jones and seconded by Council member Kerry to close
the public hearing, direct staff to file a categorical Exemption according to the
requirements of the California Environmental Quality Act, and adopt the resolution by
title only, title as follows, approving Conditional Use Permit No. 94-24, subject to
conditions.
RESOLUTION NO. 4432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 94-24 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-25, GUEST
QUARTERS ABOVE DETACHED GARAGE, 5991 LEMON AVENUE: Mayor Pro Tem Bowman
opened the public hearing. The City Manager asked the Planning Director to present the
staff report dated December 29, 1994. The Planning Director read a communication that
had been received from neighbors Mr. and Mrs. Winesberg citing their concerns and
opposing the conditional use permit, The report represented a request to construct a
second story room addition for guest quarters over an existing detached garage for a
single-family home at 5991 Lemon Avenue in the RS-6,000 Residential Single-family zone.
According to the requirements of the California Environmental Quality Act, this project
is considered to be categorically Exempt, Class One. Condition No. 10 will be deleted
since the Orange county Fire Department is not requiring the fire sprinklers. The Design
7
/-1/t
315
CITY COUNCIL MINUTES
January9,1995
Review Committee determined that the addition as designed must be defined as living
space for zoning and building purposes. The applicant's proposed plans submitted with
the conditional use application do not include any kitchen or plumbing facilities and the
applicant has stated that he does not intend to use the room addition for rental
purposes. staff supports the approval of the proposed second story addition as guest
accessory quarters, subject to the conditions included in the resolution.
Notices of the public hearing were published, posted and mailed to all property owners
within a 300 foot radius. At the date of the report, staff had received no comments
regarding this application.
Mayor Pro Tem Bowman asked that an annual inspection be made of the addition to
insure that it is being used as intended.
Mr. John F. Van Den Brink, 5991 Lemon Avenue, cypress, explained that the garage is at
least seven feet from the back wall. He also explained that there is no alley at the back
and the only window will be on the driveway side that looks out on his property.
After some discussion, Council asked the applicant if he would accept a condition
requiring the removal of the portable storage shed. Mr. van Den Brink agreed to this
condition.
Mayor pro Tem Bowman asked if anyone wished to speak in support of or in opposition
to the application. No one spoke.
At the request of the council, the Planning Director reiterated the concerns expressed
by the Winesbergs.
The Planning Director clarified if the removal of the storage shed would be required
prior to the issuance of the building permit or issuance of the certificate of occupancy.
The Planning Director then read the amended conditions, "The property will be
inspected on an annual basis to verify that no one is living in the unit and that no
plumbing or kitchen facilities are added to the room addition." and "The portable
structure in the rear yard area be removed from the premises prior to the issuance of a
building permit for the second story addition." She stated that if the applicant left the
addition as a storage facility and not a habitable structure, City Council approval was not
needed.
Council member Jones noted that there was not a similar structure in that
neighborhood, this would be the only one built over the detached garage and it may
not be appropriate for the area.
Mayor Pro Tem Bowman mentioned that there are two story homes in the
neighborhood with setbacks, the applicant wants to add a non-living area over the
garage and he did not have a problem with that. He did want building code
enforcement so the room would not become a living area.
Council member Kerry expressed her concern about the lack of plumbing and the City
shouldn't have to be checking this addition every year.
It was moved by Council member Kerry and seconded by Councilmember Jones to close
the public hearing and adopt the Resolution by title only, title as follows, denying
Conditional Use Permit No. 94-25.
RESOLUTION NO. 4433
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
DENYING CONDITIONAL USE PERMIT NO. 94-25 - WITH CONDITIONS.
The motion carried by the fOllowing roll call vote:
AYES;
NOES:
ABSENT:
3 COUNCILMEMBERS: Carroll, Jones and Kerry
1 COUNCILMEMBERS: Bowman
1 COUNCILMEMBERS: Age
Mayor Pro Tem Bowman stated that the following item had been added to the Agenda
regarding CONSIDERATION OF DISASTER PROCLAMATION and he asked the City Manager to
report. The City Manager advised that the City Council adopted a prOClamation on
Saturday, January 7, deClaring the City as a local emergency due to the intense and
8
,/ - ~','
316
CITY COUNCIL MINUTES
January9,1995
heavy rainfall. The proclamation was submitted to the appropriate county, state and
Federal officials and the recommendation to the Council would be to ratify that
proclamation signed by the Mayor on January 5, 1995. This proclamation must be
reviewed by the Council and reconsidered every 14 days.
It was moved by Council member Kerry and seconded by Councilmember Carroll to
approve the emergency proclamation. The motion unanimously carried by the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF HEARING OFFICER'S RECOMMENDATION ON THE LAYOFF APPEAL OF JIM
MEADS - MAINTENANCE WORKER I: The Personnel Director presented the staff report
dated January 3, 1995, which indicated that the layoff appeal of Jim Meads had been
referred to the Hearing Officer. Joseph Gentile, Labor Arbitrator-Factfinder, conducted
the hearing and filed the recommendation denying the appeal of Mr. Meads.
It was moved by Council member Jones and seconded by Council member Kerry to adopt
the recommendations of the Hearing Officer, Joseph Gentile, dated December 26,1994
and thereby deny the layoff appeal of Jim Meads, Maintenance Worker I. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF COMMISSIONS' RECOMMENDATIONS REGARDING REDUCTION IN THE
COMPOSITION OF THE COMMISSIONS: The City Manager reviewed the staff report dated
January 4,1995, which presented the results of discussions held by the various City
Commissions on the issue of reducing the size of each Commission to five members.
Each of the Commissions felt that their current membership was adequate and the
Cultural Arts Commission suggested increasing their membership from seven to nine
members. The Recreation and community Services and Senior Citizens Commissions
were In favor of keeping their membership at seven. The City Council was advised that
Cultural Arts commissioner Penny Brown's first term of office expired on January 28,
1995 and she desired to be reappointed. A second member's term would expire on
April 13, 1995 and she is ineligible for reappointment, which would reduce the size of
this Commission to five members.
Councilmember Kerry encouraged the Council to consider bringing the number of all
members on Commissions to five. There are two very strong groups the Friends of
Recreation and Community Services and Friends of the Cultural Arts and this could
justify bringing the Commission membership to five, which could be done through
attrition.
Councilmember Carroll had questions on costs and staff time.
Councilmember Jones would support retaining the number of Commissioners currently,
especially with the Recreation and community Services Commission.
Mayor pro Tem Bowman stated Commissions were a way to get good pUblic input and it
is important for the community to have input into the local government. He did not
have a problem with the present number of Commissioners on each Commission.
Council member Carroll commented that If it costs the City very little in money and staff
time to support the commissions, the Commissions would be in the best position to
decide how many members they need and he had no serious Objections to the current
number of members.
Council member Kerry said that if retaining the current numbers is the desire of the
council, consideration should be given to the expiration dates that have or will be
occurring. She suggested that all of the openings that will occur during the year be
advertised at the same time.
The City Manager asked if the Council wished to automatically reappoint those current
Commissioners who qualify.
9
, _..0__ _ '_'_..'_._."~,.._.._ _._
1- ~~/1~7
CITY COUNCIL MINUTES
January9,1995
Mayor Pro Tem Bowman stated he did not think reappointment should be automatic,
staff is looking for direction and he did not think the positions should be advertised at
the same time.
The City Manager clarified that staff will advertise for those positions currently vacant,
and ask those members whose terms are expiring and have reappointment rights to
notify Council in writing if they are interested and upon receipt of that information
Council may wish to interview, reappoint or advertise.
It was the consensus of the Council to advertise for the vacant positions that will occur
in the next six months. The City Manager clarified that each member whose
appOintment will be due prior to June 30 will be asked to indicate their interest at this
time and then the City will advertise once based on those responses.
CONSIDERATION OF ATTENDANCE AT THE 1995 CYPRESS COLLEGE AMERICANA AWARDS
BANQUET: The City Manager gave the staff report dated January 4,1995 describing the
20th Annual Americana Awards Banquet sponsored by the cypress college Foundation.
The event is scheduled for saturday, February 25, 1995, at the Disneyland Hotel and the
cost is $150/person or $1,500 for a table of ten.
In the past, the City has supported this event by purchasing a table for the City Council
and/or staff to attend this function.
Mayor Pro Tem Bowman commented that cypress college is part of the community, it is
very important to support them and it is primarily a fundraiser for the cypress college
Foundation. He said that if the councilmember's guest wished to attend the event, the
Council member would pay for the guest.
Council member Kerry stated that this was an appropriate event to fund, it is recognition
for members of the community and benefitted the college.
It was moved by Council member Kerry and seconded by Council member Carroll to
purchase a table for ten people in the amount of $1,500 with Councilmembers notifying
the City Manager if they did not have a guest, so staff members could attend. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF ATTENDANCE TO THE EXECUTIVE ACADEMY SCHEDULED BY THE
GOVERNOR'S OFFICE OF INTERGOVERNMENTAL AFFAIRS: The City Manager reported that
Mayor Age had received a FAX from the Governor's Office and she requested that this
item be placed on the agenda for discussion. The request is for an indication of interest
for attending an Executive Academy for newly elected and veteran local officials
tentatively scheduled for March 29 and 30, 1995 in Sacramento at a cost of S150 per
person.
Councilmember Jones said there had been approval given for similar seminars, which
some Council members will be attending, and she felt that attendance at this academy
would not be prudent.
Council member Kerry commented that this seminar would focus on the retention of
businesses in California and the input communities can provide to the State. She felt
this academy was important, she believed the Mayor should go if she wished, along with
a member of staff. Mayor Pro Tem Bowman concurred. He mentioned that the
indication was that the Governor's budget and policy priorities for 1995 are gOing to be
under discussion and it would be an excellent opportunity for the City.
The City Manager commented that the City has had one visit from the Department of
Trade and commerce involved in recruiting and marketing for the Pacific Rim. They
spent the whOle day in the City and met with some of the key business people in the
Business park.
Councilmeml:Jer Carroll remarked that these workshop/seminars are very valuable and if
the right people are sent, it is money well spent. He would support attendance.
10
318
CITY COUNCIL MINUTES
JanUary9,1995
It was moved by Council member Kerry and seconded by Council member carroll to
approve Mayor Age or her designee's attendance at the Executive ACademy. The
motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: carrOll, Kerry and Bowman
1 COUNCILMEMBERS: Jones
1 COUNCILMEMBERS: Age
CONSIDERATION OF AN ORDINANCE ESTABLISHING RULES AND REGULATIONS APPLICABLE TO
NEWSRACKS: The City Attorney summarized the staff report dated January 6, 1995,
which indicated that he had received direction from Council to conduct research to
ascertain to what extent the City may regulate newsracks located in the public right-of-
way, A report to the Council outlining the legal parameters was presented on
September 13, 1994. Attached for the Council's consideration was a proposed Ordinance
establishing rules and regulations applicable to newsracks within the City of cypress. In
accordance with the provisions of the proposed Ordinance, no newsrack is allowed to
be placed or maintained on any part of the public right-of-Way without an annual
newsrack permit issued by the City. The design, style, location, numerical limitations
and method of installment of all newsracks will be subject to those standards on file in
the office of the City Engineer.
In response to a question from Councilmember Carroll about Section 24-65(1), page 5,
the City Attorney advised that the language will be clarified.
The Public Works Director added that some cities have had success in installing multi-
unit newsracks.
It was moved by Councilmember Jones and seconded by Council member Kerry to
approve the first reading of the Ordinance by title only, title as follows, establishing
rules and regulations applicable to newsracks.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ESTABLISHING RULES AND REGULATIONS APPLICABLE TO NEWSRACKS,
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carrOll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 13074-
13475: It was moved by Councilmember Jones and seconded by Councilmember Kerry
to approve the Warrants No. 13074 through 13475 in the amount of S1,793,081.94. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carrOll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. David conde, 11301 Anegada Street, cypress, stated that the Council did not hear the
concerns provided by the citizens on the Shaw Industries warehouse. He mentioned
items that appeared to be omitted from the studies and considerations that were not
addressed. He also mentioned that many questions and issues have been brought up
and he has yet to hear them addressed or adequately answered. He didn't want his
property values to go down and didn't want noise 24 hours a day.
MS. Regan smith stated she needed to go on record as to the disparity in the figures as
reported by Shaw and by Mrs. Kerry. She referenced the Development Agreement
between the City of cypress and Warland Investments, pp 11 through 14. The
anticipated revenue at best is $500,000 gross, not three-quarters of a million dollars. She
took issue with Council members Age and Kerry for not reporting that. She advised that
her figures are substantiated by City reports.
11
I _'^l, / 2-
3/9
CITY COUNCIL MINUTES
January9,1995
Mayor Pro Tem Bowman announced the results of the meeting with the residents
Impacted by the flood on saturday, January 7. They were very appreciative of
Brlggeman Disposal's company providing the bins at no expense. The Mayor Pro Tem
expressed his appreciation to George Brlggeman.
Council member Kerry stated that Briggeman continued to empty those bins at no
charge.
pOlice Chief Wicker mentioned others In the City that assisted during the flooding and
he thanked the many neighbors who assisted each other.
Mayor pro Tem Bowman believed the community appreciated the effort of the
employees of the City, police Department, Public Works and everybody did their jobS
very well.
The City Manager remarked that maintenance workers spent hours filling sand bags.
The Public Works Director commented that the signs of the disaster had disappeared
from the streets due to the hard work of the maintenance employees.
Councilmember Kerry said that streetsweepers were out Immediately cleaning the
streets before the next storm. She thanked the Public Works Department for their
effort and encouraged the reactivation of Neighborhood Watch program.
Councilmember Jones remarked that a workShop session would be held discussing the
possibility of having some advisory groups, and Neighborhood Watch could also be
considered at that time.
Mayor pro Tem Bowman stated that there is a possibility that the cypress Newsletter will
be reinstated, which will be of benefit to the Neighborhood Watch program and some
of the advisory committees that will be formed.
Council member Carroll asked that the cypress Fiscal Year Mid-Year Report, with
projections for two years and Business Development be placed on a future agenda,
along with pUblic discussion for citizen and Investor Interest Input as to what they want
for the future. The third agenda Item would be police protection and crime as to the
trends, concerns, goals and needs the Police Department may see for the future.
Mayor Pro Tem Bowman suggested these items be made part of the budget process.
Council member Carroll clarified that he was looking for an operational view from the
Police Department.
The City Manager suggested that the citizen advisory committees be discussed at the
workshop on January 23 and put the other suggested agenda Items on periodically.
ADJOURNMENT: Mayor pro Tem Bowman adjourned the meeting to Monday, January 23,
1995 at 4:30 p.m. In the Administrative Conference Room.
~~~
MAYOR PRO TEM OF HE CITY OF CYPRESS
ATTEST:
CITY4~~fff~PRESS
12