Minutes 95-03-27
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377
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 27, 1995
The Regular Meeting of the Cypress City Council was called to order at 4:30 p.m.,
MOnday, March 27, 1995 In the Administrative Conference Room, City Hall, 5275 orange
Avenue, Cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Councllmembers Bowman, carroll, Jones, Kerry and Age
None
WORKSHOP SESSION: Joint Meeting with the CATV Commission.
Mayor Age opened the meeting at 4:30 p.m. with Introductions being made and CATV
commissioners Glampapa, Glass, Martin, parish and spurgeon present. several Items
were on the agenda and there was discussion on the upcoming vacancies with a request
by Council to consider some early appointments so there will be citizens ready to fill
those vacancies. A discussion was held regarding an audience survey of the Public
Access, Educational and Governmental channels programming to determine If they are
well-received by the cable viewers. There was discussion of the transfer of the franchise
and the franchise renewal which Is underway at the present time. Council also discussed
the Pac Tel information superhighway program which will apparently provide
competition for cable operators. The upgrading of cable boxes was also discussed.
RECESS: Mayor Age recessed the meeting at 5:30 p.m. to allow the Council to reconvene
In the Council Chamber. The meeting began at 5:40 p.m. with all Council members
present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John
cavanaugh and staff members Bacock, Christoffels, Kelly, L1u, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
CONSIDERATION OF CONTRACT RENEWAL FOR COMPUTER SOFTWARE DEVELOPMENT AND
MAINTENANCE: pollee Chief Wicker presented the staff report dated March 13, 1995,
which recommended renewal of the contract with Dynamic Data systems for software
maintenance and support for the police Department's Records and Communications
computer system. Dynamic Data systems has not Increased the service cost over that of
the prior contract.
It was moved by Council member Kerry and seconded by Council member Bowman to
authorize the renewal of the existing contract with Dynamic Data Systems for one year.
The cost Is $12,000.00. The contract period would be effective October 1, 1994 through
september 30, 1995. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF CERRITOS
AVENUE FROM VALLEY VIEW STREET TO WALKER STREET. PUBLIC WORKS PROJECT NO. 9303:
AND CONSIDERATION OF ADOPTION OF RESOLUTION REQUESTING ORANGE COUNTY
TRANSPORTATION AUTHORITY FUNDING FOR THE SUBJECT PROJECT: The City Manager asked
the Public Works Director to summarize the staff report dated March 20, 1995, which
indicated that six bids had been received for the pavement rehabilitation of Cerrltos
Avenue consisting of overlaying the existing pavement with new asphalt concrete. On
March 8, 1993, the Cypress City Council adopted Resolution No. 4150 requesting that the
orange county Transportation Authority (OCTAl approve funds for the rehabilitation of
Cerritos Avenue from valley View Street to Walker street within the guidelines of the
Arterial Highway Financing Program. On July 11, 1993, the Technical AdviSOry Committee
of the OCTA approved funds for the subject project.
It was moved by Councllmember Bowman and seconded by Councllmember Kerry to:
1. Find the lowest responsible bidder to be R. J. Noble company and award a
contract for Public Works Project NO. 9303 In the amount of S126,012.49 (award
amount of $114,556.81 plus ten percent contlngenCYI to R. J. Noble company,
15505 Lincoln Avenue, orange, California 92666; and
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CITY COUNCIL MINUTES
March 27, 1995
2. Adopt the resolution by title only, title as fOllOWS, requesting the Orange county
Transportation Authority to fund project NO. 9303 when the funds become
available.
RESOLUTION NO. 4460
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE
ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED
TRANSPORTATION PROGRAM FUNDS FOR CERRITOS AVENUE BETWEEN VALLEY VIEW
STREET AND WALKER STREET, PUBLIC WORKS PROJECT NO. 9303.
The motion unanimouSly carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AWARD OF CONTRACT FOR BLOOD ALCOHOL TESTING: The Police Chief
reviewed the staff report dated March 14, 1995, which sought to renew the contract
with california Forensic Phlebotomy for testing the blood alcohol levels of arrested
drunk drivers. They have found it necessary to Increase the fee schedule; therefore, a
completed blood alcohol examination will be Increased from $44.50 to $46.50 effective
July 1, 1995.
It was moved by Council member Bowman and seconded by Councilmember Kerry to
authorize the renewal of contract for blood alcohol testing to California Forensic
Phlebotomy, 2401 East 17th Street, Suite 179, santa Ana, California 92701, for the period
March 1, 1995 to June 30, 1995 at a cost of $44.50 per examination and for the periOd
JUly 1,1995 to February 28, 1996 at a cost of $46.50 per examination. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF STATUS OF CITY COMPLIANCE ACTIVITY FOR THE AMERICANS WITH
DISABILITIES ACT lADAl. AND AWARD OF CONTRACT FOR PROFESSIONAL SERVICES FOR
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION PHASE FOR ADA
COMPLIANCE. PUBLIC WORKS PROJECT NO. 9430: The Public Works Director presented the
staff report dated March 21, 1995, which provided a summary of the City's compliance
efforts for the Americans with Disabilities Act lADAl and a request to award a
Professional Services contract for preparation of plans, specifications and estimate for
the construction phase of ADA compliance. In order to expedite the Implementation
phase, staff requested a proposal from Leesak Architects for preparation of
construction plans, specifications and estimate for the necessary modification work.
Due to the fact that this consultant contract is for renovation work and hence more
difficult to establish a lump sum cost for services, the contract was negotiated to be
performed on a time and material, not-to-exceed basis.
Responding to Councilmember Kerry, the Personnel Director reported that the City has a
very good record showing good faith efforts to comply with the ADA.
It was moved by Council member Bowman and seconded by Council member Jones to:
1. Receive and file this report concerning the status of City compliance activity for
the Americans with Disabilities Act lADAl; and
2. Award a contract for professional services to Leesak Architects AlA, Inc., 16842
Von Karman, Suite 300, Irvine, California 92714, for preparation of Plans,
specifications and estimate for the construction phase for ADA compliance for a
time and material fee not-to-exceed $70,604.60 <award amount of $64,186.00 plus
ten percent contingency due to renovation nature of the project).
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
CONSENT CALENDAR:
March 27, 1995
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 Kerry asked that Item No. 17, Legislation and other Issues for Council
Support or opposition be removed. Councllmember carroll requested that Items No. 16
and 19, Monthly Investment Program and Cypress BOYS and Girls Club Summer Program
be pUlled. Personnel Director Bacock stated that Item NO. 18, Continuation of
Consideration of Adoption of Resolution Regarding the processing of the Transfer of the
CATV Franchise From Copley/colony cablevlslon to Continental cablevlslon be removed
and withdrawn from Council consideration in light of the conversation with the cable
television consultant.
It was moved by Council member Bowman and seconded by Councllmember Kerry to
approve the Consent Calendar Items NO.5 through 19, with the exception of Items No.
16,17,18 and 19. The motion unanimously carried by the following rOil call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.5: Motion to Approve City Council Minutes of March 13, 1995.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
March 13, 1995, 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 proclaiming April 1995 as "California Earthquake
preparedness Month."
Recommendation: That the Mayor and City Council officially proclaim April 1995 as
"California Earthquake preparedness Month" in the City of Cypress.
Item NO.8: Consideration of Design Review Committee'S Approval of DRC #95-19, #95-14
and #95-15.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
fOllOWS, approving DRC #95-10, #95-14 and #95-15:
RESOLUTION NO. 4461
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-10 - WITH CONDITIONS.
RESOLUTION NO. 4462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-14 - WITH CONDITIONS.
RESOLUTION NO. 4463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-15 - WITH CONDITIONS.
Item No.9: Consideration of proclaiming April 3 - 7, 1995, as "Public Health Week."
Recommendation: That the Mayor and City Council Officially proclaim April 3 - 7,1995, as
"Public Health Week" In the City of Cypress.
Item No. 10: Consideration of Employment Lists of Police Officer (Academy Trained
Entryl and Office Assistant I.
Recommendation: Receive and file.
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CITY COUNCIL MINUTES
March 27, 1995
Item No. 11: Consideration of Acceptance of the Lincoln Avenue and Walker street
Traffic signal Interconnect projects, PubliC Works projects No. 9314 and 9322.
Recommendation: That the City Council: 11 Authorize estimated revenue In the amount
of $4,500.00 to Measure M Fund Account No. 3519-39; 21 Authorize an appropriation In
the amount of $4,500.00 from the Measure M Fund Balance to Account No. 4186-39-460-
22; 31 Accept the Lincoln Avenue and Walker street Traffic signal Interconnect projects,
Public Works projects No. 9314 and 9322, as being satisfactorilY completed In substantial
conformance with the Plans and specifications; 41 Approve the final retention payment
to DBX, Inc., 42066 Avenlda Alverado, #C, Temecula, CA 92590, thirty (301 days after the
Notice of completion Is filed; and 51 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 the expiration of
one year's guarantee upon the Director of Public Works' concurrence.
Item NO. 12: Consideration of Donation of Old Ballistic Vests to the pollee ACademy.
Recommendation: That the City Council authorize the donation of twenty (201 ballistic
vests to the Golden West Foundation which directs and accepts donations for Golden
west COllege and Its departments such as the Criminal Justice Training Center.
Item NO. 13: Consideration of Authorization to Release "Letter of Intent" for Fiscal Year
1995/96 Unmarked Pollee vehicle Purchase.
Recommendation: That the City Council authorize the purchasing Officer to release a
"Letter of Intent" to Maurice J. sopp & SOn Chevrolet, 6400 S. Atlantic Blvd., Bell, CA
90201, to purchase two (21 unmarked pollee vehicles under the LOS Angeles county
Metropolitan Transit Authority contract after July 1, 1995.
Item No. 14: Consideration of Acceptance of Public Works Project NO. 9246, Repair and
ReSUrfacing of the Cypress Police parking structure.
Recommendation: That the City CounCil: 11 Accept the work of the Repair and
Resurfacing of the Cypress Police parking Structure, PUblic Works project 9246, as being
satisfactorilY completed; 21 Approve the final retention payment to Approved Fire Stop
Applicators, Incorporated, 9736 Burnet Avenue, Sepulveda, CA 91343, Thirty-five (351 days
after the Notice of completion Is flied; and 31 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 the
expiration of one year's guarantee upon concurrence of the Director of PUblic Works.
Item No. 15: Consideration of Mayoral Proclamation of Local Emergency.
Recommendation: That the City Council terminate the Mayor's Local Emergency
Proclamation of January 4, 1995, as outlined In the report.
END OF CONSENT CALENDAR
Regarding Item NO. 16, Consideration of Monthly Investment Program for the Month of
February 1995, Councllmember carroll said that the new cash investment report was a
much better financial report with respect to the Investment positions. He stated he
approved of the report but would still like to see the Investment amount In the state
Fund reduced. It was moved by Council member Carroll and seconded by
Council member Bowman to receive and file. The motion unanimously carried by the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
With regard to Item No. 17, Consideration of Legislation and Other Issues for City Council
Support or OPPosition, Council member Kerry advised that she had removed this Item
because of 21 Support the California Redevelopment Association's position in support of
AB 282 IHauserl relating to the Notice of proposition 8 Reassessments. She questioned
what posture the Redevelopment Agency would take If someone appealed their taxes.
It is the county that makes the decision. The Finance Director commented that the
Redevelopment Agency would like to be notified that there is going to be a
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CITY COUNCIL MINUTES
March 27,1995
reassessment before receiving the tax increment. The City needs to know for
budgeting purposes.
After additional discussion, it was moved by Council member Jones and seconded by
Council member Bowman to: 11 Support the California Redevelopment Association's
opposition of SB 1266 (Dills) relating to the Elimination of Use of Eminent Domain; and 2)
support the california Redevelopment Association'S position In support of AB 282
(Hauser) relating to the Notice of Proposition 8 Reassessments. The motion unanimOUSly
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In regard to Item No. 19, Consideration of Cypress Boys and Girls ClUb Summer program,
Council member carroll asked what the financial responsibility was of the City and the
Recreation and Park District to the program. Mr. Dennis st. Clair, Board Member of the
BOys and Girls Club, stated there was no financial consideration from the City for this
project. He then presented the first installment of the $20,000 loan In the amount of
$6,000. They have had the most successful year In their history. CypreSS/Arnold Park
appeared to be the perfect place for the BOys and Girls Club satellite operation for the
day camp. It was moved by Councilmember Kerry and seconded by Councllmember
Jones that the City council, acting as the ex officio governing Board of Directors for the
Cypress Recreation and Park District, approve the requested program structure from the
Cypress Boys and Girls Club for use of Arnold/Cypress Park for a summer drop-in
program. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CLOSED SESSION: Mayor Age recessed the meeting at 6:05 p.m. to enable the Council to
enter into Closed session for discussion of agendlzed litigation Items. The meeting was
reconvened at 7:30 p.m. with all Councilmembers present. Also present were City
Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members
Bacock, Bailey, Christoffels, KellY, storey and Wicker.
PLEDGE OF ALLEGIANCE: The pledge was led by Councllmember Tom carroll.
PRESENTATIONS: MS. Jeanne St. Clair, 1994 President of the Buena park/Cypress/La Palma
Association of Realtors, IntrOduced Chuck MCGuire, ERA Real Estate store; Jerry Skow,
Cypress Tower Escrow; June GuidO, Commonwealth Title and Donna Martin, Sierra
National Home Inspection. Ms. st. Clair presented Police Chief Wicker with a check In the
amount of $4,000 for the D.A.R.E. program.
MS. st. Clair announced that they have merged with two other organizations this year,
known as the Greater North orange county Association and they have named D.A.R.E. as
their fundraiser.
The City Manager briefly reviewed the discussions held during the joint meeting
between the City Council and the CATV Commission. He then summarized the actions
taken by the Council during the 5:30 p.m. portion of the Agenda.
The City Attorney reviewed discussions held with the Council during Closed session on
Conference with Legal Counsel - Existing Litigation (Government Code section 54956.9(al
Citizens Association for the Sensible Development of Warland center; Anthony L. smith
and Regan Smith, et al vs. City of Cypress, et ai, orange county superior Court Case No.
737801 and liability Claims (Government Code section 54956.951 Shirley Gannon vs. City of
Cypress. He cautioned the audience that there will be no discussions directly or
indirectly related to the ShawlWariand litigation, which Is pending. Furthermore, there
will be no discussion directly or indirectly with the subsequent litigation which has been
flied by the citizens' association against the Cypress Land Company and the City of
Cypress on the proposed Diamond Sports project.
Mayor Age stated that the three minutes per speaker will not become effective until the
next City Council meeting. The City Council will exercise Its right to limit the amount of
time per Issue so any communication on the recall will be limited to 15 minutes now
and at the end of the agenda, speakers may speak as long as they like.
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CITY COUNCIL MINUTES
March 27,1995
Council member carroll advised that the City Council passed a resolution establishing the
order of business at City Council meetings and the only area where speech was limited
was "For matters not on the 7:30 p.m. agenda." He asked that the Resolution be posted
In the Council Chamber.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Teresa Ivins, 9527 Naples Drive, Cypress, reported that at approximately 3 a.m. Edison
was pulling lines on a fee operation and not an emergency. She commented that
Edison said that the Cypress pollee Department had given their permission to work at
this hour. Ms. Ivins complimented Angela Bausch for her efforts In this situation. The
City Manager and the Chief will follow up on this complaint by contacting the Edison
Company for an answer.
Mr. Art Iniguez, 45525 Lincoln Avenue, Cypress, was present representing some of the
merchants on Lincoln Avenue. He advised that he owned a barber shop on the corner
of Lincoln Avenue and Walker Street. He spoke about the Influx of homeless people
with one particular Individual who keeps returning, making threats, stealing and It
appears that there Is no way the Police can get rid of him. He handed out copies of a
letter and the Chief provided a verbal report on the Individual. Mr. Iniguez asked the
Council to help them remove this man from the premises and he was cOllecting
signatures on a petition from the local merchants.
Mr. Guy Richards, who owns a machine shop on Electric street, reported that the
individual In question sleeps In his parking lot.
Ms. Debbllnlguez, 5525 Lincoln Avenue, Cypress, said she had talked to officers
concerning the Individual, who suggested that they obtain signatures from the
surrounding businesses and residences for a restraining order.
Ms. Donna wong, business owner at 5362 Lincoln Avenue, Cypress, reported that the
Individual has made threats against her brother twice, steals off of delivery trucks,
affects the residents and frightens the neighborhood children.
The City Attorney would review the City'S existing code to determine how It can be
made more restrictive, returning with a report to the Council regarding this type of
activity.
Mr. Reynold Elkin, 4034 orange Avenue, Cypress, reported on an incident occurring after
he made a presentation at Cypress college. He asked if it could be assumed that all the
recall activity Is so that the committee can run someone for City Council. He also asked
that citizens protect the City by not signing the recall petition.
Mayor Age announced that the Arthritis Foundation Is hosting a mini-Grand Prix on
saturday, April 1. The Kiwanis will have a pancake breakfast at 7:30 a.m. with the races
starting at 10 a.m.
She also announced that on Friday, March 24, 1995 a ribbon-cutting ceremony was held
at Mltsubishl Electronics for L.A. Cellular who are leasing the second floor of their
building and reported that they operate on a 24 hour basis.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, referred to Item No. 28, asking if
Brlggeman Disposal would be implementing another fee Increase and, If so, the Item
should be continued to another meeting for a public hearing.
Mayor Age advised that it was not a fee Increase.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-3. ESTABLISHMENT
OF A CHRISTIAN MINISTRY WITHIN THE MERCURY PLAZA. LOCATED AT 4664-4698 LINCOLN
AVENUE. CYPRESS: The City Manager asked the Planning Director to summarize the staff
report dated February 23, 1995, which represented an application to establish a Christian
ministry known as "John-Nays Ministry N' Music" within Mercury Plaza located at 4664-
4698 Lincoln Avenue. Staff had some concerns that the use as proposed would not be
compatible within this commercial center since parking Impacts of the Christian ministry
could be much greater than the site could reasonably accommodate. In accordance
with the california Environmental Quality Act, a categorical Exemption will be flied for
this project. The applicant has stated to staff that because Of the variety of services to
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CITY COUNCIL MINUTES
March 27, 1995
be provided, the hours of operation will vary. Typical hours will be from 10 a.m. until
2:30 p.m. during the day and from 8:30 p.m. until 10 p.m. during evening hours. The use
Is proposed to be closed Monday and Tuesday. Should lack of parking become a
problem at this center because of the use, staff has conditioned that Council shall have
the right to review, amend or modify Conditional Use Permit No. 95-3. Notices were
mailed to property owners within a 300 foot radius of the subject property. To date,
staff has not received written or verbal comment regarding this project.
Ms. sandra spencer, 13337 E. South street, No. 175, cerrltos, said she recognized that
there was a concern about the parking, the hours would be from 10 a.m. to 2:30 p.m.
and basically there Is no activity during the day. The meeting hours would be 8:30 p.m.
to 10 p.m. and the businesses In the center are closed at that hour.
CounCil member Kerry asked If wording could be provided limiting the meetings to the
evenings and sundays.
No one wished to speak In support of or In opposition to the application.
It was moved by Councllmember Bowman and seconded by Councllmember Kerry to
close the public hearing, direct staff to file the Notice of Exemption and Adopt the
Resolution by title only, title as fOllows, approving Conditional use Permit No. 95-3,
subject to the conditions outlined in Exhibit "A", Including the condition suggested by
Council member Kerry.
RESOLUTION NO. 4464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-3 - WITH CONDITIONS.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
The Planning Director clarified that the added condition would read, "Meetings shall only
be held after 6:30 p.m., except Sundays. Daytime operations shall consist of office uses
only with minimal client/customer activity."
CONTINUATION OF CONSIDERATION OF REINSTITUTING THE CITY NEWSLETTER: The City
Manager asked the Personnel Director to present the staff report dated March 24, 1995,
which provided additional Information regarding the newsletter costs and various
options as requested by the Council at the February 13,1995 meeting. He noted that
there was a correction on page 2 under option E, second line, $19,232 should be $16,232.
Also, the costs of prOduction In the Recreation & Parks brochure are offSet by
advertisements, which are not Included. He then presented examples of various cities'
combination Recreation & Park and City Newsletter brochures. Mr. Bacock stated that
the Park and Recreation District had expressed concern regarding the combination of
the newsletter and the brochure.
Responding to Councllmember Jones' question on what the concerns of the Park and
Recreation District were, Patty Bailey, Recreation Services Manager, advised that they
had strict production schedules, a current vendor contract, advertisements and
Identification of the brochure and to provide the brochure to the citizens In a timely
fashion. Councllmember Jones suggested that if the City Newsletter cannot be provided
In a timely fashion then the newsletter portion would not be Included.
Council member Bowman wished to differentiate between the City Newsletter being a
separate insert in the middle of the brochure rather than the first four pages of the
brochure.
Mayor Age asked that the Council reconsider the Implementation of the City Newsletter
because If the Council received complaints on spending $1,200 for a light activated
program timer, they will certainly be forthcoming on this issue. She was not willing to
spend between $20,000 and $30,000 when the repercussions from the county
bankruptcy are unknown. She suggested tabling the Item.
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CITY COUNCIL MINUTES
March 27, 1995
It was moved by Councilmember Jones and seconded by Councllmember Bowman to
table this Item with further discussions to occur during the upcoming budget sessions
and If finances permit, then returned as an Agenda Item. The motion unanimously
carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT NO. 95-1. REVIEW OF WALL
HEIGHT REQUIREMENT FOR AUTOMOTIVE REPAIR BUSINESS. 4552 LINCOLN AVENUE. APPROVED
BY CITY COUNCIL MARCH 13. 1995: The Planning Director summarized the staff report
dated March 21, 1995, which indicated that the Council had directed staff to research
the applicability of requiring the applicant to raise the height of the existing six foot
block wall to eight feet. The report addressed the applicable code sections and set
forth options for resolution of the issue. Staff's recommendation Is tiered, based upon
the Council's determination of the extent of the potential Impact of Conditional Use
Permit No. 95-1 to the surrounding area and the need to consider the Implications of
such a decision in a broader context. Therefore, staff provided options for resolution of
the immediate wall height Issue and recommended further considerations of
nonconforming issues within the code. Since the permit does not propose any new
construction, the applicant contends that the condition to raise the height of the wallis
not reasonable and that the existing six foot wall is adequate separation between the
commercial center and the adjacent residential area.
After some discussion, Councilmember Bowman asked what triggered a variance. The
fact the that the code was changed ten years after the bUilding was built should not be
the Intent and each situation should be handled on an Individual basis.
The City Attorney explained that the Intent of a conditional use permit like a variance Is
designed to evaluate a project on an individual basis. The law says there is a right to
maintain that non-conformity as long as certain provisions are complied with. He made
the Council aware that the code needed to be changed to comply with the direction
the Council wants to take.
Council member Bowman asked that the code be changed so these Issues can be
decided on an individual basis and it would probably need a workshop.
Council member Carroll felt that there was enough Information available to them to
make a decision on this particular project tonight.
Councllmember Jones remarked that a workshop would be informative because there is
an area that has been Identified that poses some problems on the structures built early
that don't meet code.
Councllmember Kerry advised that this Is the first time she has seen this Issue come up,
but it doesn't mean the code needs to be rewritten.
After additional discussion, the City Attorney advised that Council must make the
determination that the proposed use will not have a greater adverse impact than the
previous use. Once that decision Is reached, the Individual applicant does not have to
comply with the bUilding standards.
Mr. Bob Gilbert, the property owner, 4552 Lincoln Avenue, Cypress, reported that the
building was approved with "no use." It was approved as an Industrial-type bUilding and
to use the building as It was designed, requires a conditional use permit.
The Planning Director clarified that the property was zoned commercial general.
It was moved by Council member Bowman and seconded by Councilmember Kerry to
determine the impact of the wall height to be the same or less adverse and deem the
Conditional Use Permit a conversion of a nonconforming use to another nonconforming
use. The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
8
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j~b
CITY COUNCIL MINUTES
March 27,1995
CONSIDERATION OF RESCISSION OF TIMING LIGHT SYSTEM CONTRACT FOR THE CITY COUNCIL
CHAMBER: Mayor Age stated that she had asked that this Item be placed on the Agenda
because of the numerous telephone calls from the citizenry objecting to the cost of this
minor equipment. She asked the Council to reconsider this Item.
Council member Kerry had suggested that the people operating the video cameras
would time speakers and then flash the red lights on the television set so Council Is
aware that the three minute time limit has been exceeded. The Mayor can then ask the
speaker to finish.
Councllmember Carroll agreed that the three minute time limit should be adhered to,
but perhaps the mechanism was a bit too elegant for the needs.
It was moved by councllmember Kerry and seconded by Councllmember Jones to
rescind the contract for the purchase of the timing light system and use Internal
controls. The motion unanimously carried by the fOllOWing rOil call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
The City Attorney clarified, for the record, that the Council and the vendor mutually
agreed to rescind the contract as long as some restocking fees were paid, which will be
done.
CONSIDERATION OF COMMUNICATION FROM THE CHIEF EXECUTIVE OFFICER OF THE COUNTY OF
ORANGE REQUESTING THE CITY COUNCIL TO ADOPT A RESOLUTION SUPPORTING THE COUNTY'S
ORDINANCE TO PLACE A HALF-CENT SALES TAX PROPOSAL BEFORE THE VOTERS: Mayor Age
had requested this Item be placed on the Agenda and referred to the staff report dated
March 23, 1995 to which was attached a communication from Mr. WIlliam J. popejoy,
Chief Executive Officer, county of orange, requesting the City Council adopt a Resolution
supporting the county's Ordinance placing the question of a half-cent sales tax before
the voters In a special election to be held on June 27, 1995. She said that she had
received a call from Supervisor Jim Silva asking her opinion and she placed it on the
agenda accordingly, not because she supported It, but because she didn't support It.
She asked for Council Input.
Council member Jones said that she did not want to send a Resolution providing Council
support. She felt that the County should make all necessary cuts before asking the cities
to support a sales tax Increase. It is an opportunity for the county to review their
situation.
Mayor Age remarked that It was a ten year sales tax.
Councllmember Kerry commented that cities have been constrained In the amounts of
money that they can spend and It has been their dUty to go through every Item In the
budget to review, make cuts and to make sure that the people understand what has
been done before any other alternatives were considered. The county also has a dUty
to the citizens to prove to them that they have made all of the cuts they could make,
convinced the citizens that they have done everything they could do and stili provide
the needed services. Until they have done that, she could not support any kind of an
increase In sales tax.
Council member Bowman remarked that many people In orange county suggested that
there be a stUdY on the compilation of the services that are duplicated both on the City,
county, State and Federal levels. None of those studies have been done and duplication
of services will continue to exist. None of the opportunities have been explored that
are available; the only thing explored has been raising taxes.
Council member carroll stated that there are three things wrong with a sales tax
increase: almost all the people who lost the money are still In charge; orange county
now pays far more tax per capita than the rest of the state, sending more money to
Sacramento than we get from them and sales tax is the wrong kind of tax, penalizing
lower income people far more than higher Income people. A tax would have to be a
short term, broad based and fairly applied.
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386
CITY COUNCIL MINUTES
March 27, 1995
Mayor Age directed staff to compose a letter encompassing all the points the Council
discussed to Mr. Popejoy, with a copy to the Board, letting him know why the Cypress
City Council Is not supporting this resolution.
CONSIDERATION OF APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT'S
BOARD OF TRUSTEES: Councllmember Kerry stated that she had submitted her
resignation as the City Representative to the orange county Vector Control District's
Board of Trustees. She noted that there were many citizens on the Board and she
suggested advertising for a citizen representative to be appointed to that Board.
None of the present Councllmembers wished to act as the representative.
Council members Bowman and Jones concurred and Mayor Age requested that staff
place an ad in the newspapers for a citizen representative to the orange county Vector
Control District's Board of Trustees.
CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION OF APPLICANTS FOR THE CULTURAL
ARTS COMMISSION AND THE TRAFFIC COMMISSION: The staff report dated March 23, 1995
Indicated that there were two vacancies each on the Cultural Arts Commission and the
Traffic Commission. Five applications were received for the Cultural Arts Commission
and three applications for the Traffic Commission vacancies.
Councilmember Kerry suggested an Off-Monday be chosen to conduct the Interviews.
The City Manager Informed the Council that they had already committed to joint
meetings with City Commissions on the second meeting of each month through July.
Three other special meetings scheduled are: April 17 at 5:00 p.m. for the Lincoln Avenue
specific Plan, April 10, 4:30 p.m. Wicker Drive properties, April 24, 4:30 p.m. joint meeting .
with the Recreation and community services Commission and an all day meeting on the
budget In May. The Interviews to fill the Commission vacancies will be held on April 3,
1995 at 5:30 p.m. In the Administrative Conference Room.
CONSIDERATION OF APPROVAL OF A NEWSRACK PERMIT FORM AND CONDITIONS: The Public
Works Director presented the report dated March 21, 1995, which advised that the City
Council had adopted an ordinance establishing certain rules and regulations applicable
to the installation of newsracks in the public right-of-way. The ordinance required that
all newsracks placed in the publiC right-of-way be permitted and a draft permit form
and permit conditions were attached for Council's review.
Councllmember Kerry commented on Condition NO. 10 and suggested deleting the
words "of traffic" and the Public Works Director concurred. She suggested, in Condition
No. 18, that the groups of racks be separated by more than five feet. Council member
Bowman concurred that he would like a separation of 25 to 30 feet between the
clusters. The Council agreed to a 30 foot separation.
It was moved by Council member Kerry and seconded by Councllmember Bowman to
approve the Newsrack Permit form and conditions, as amended. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AMENDMENTS TO THE EXISTING FRANCHISE AGREEMENT WITH BRIGGEMAN
DISPOSAL COMPANY. INC.. FOR TRASH DISPOSAL SERVICES: Councllmember Kerry advised
that she will abstain on this item because she had done business with Briggeman
Disposal and she left the dais at 9:25 p.m. The City Manager presented the staff report
dated March 24, 1995, which described the possible construction of a material recycling
facility by Brlggeman Disposal on his property in Los Alamitos. The discussions Included
the possibility of the City providing for the financing of some of the equipment needed
in developing the facility with a 20 year fully amortized note. These discussions also
included consideration for rate adjustments to offset service cost Increases to both
Briggeman and the City; however, it seemed advisable to defer any action on rate
adjustments until the next fiscal year.
The Finance Director explained the financing agreement for lease/purchase of the
recycling cans for approximately $1.3 million.
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311
CITY COUNCIL MINUTES
March 27, 1995
The City Manager advised that, In this Instance, a similar financing note was being
considered with the rate of interest to be determined with a negotiated agreement on
an amount of approximately $700,000. The concept is that the funds would be offered
at an interest rate less than the market place but at a rate that the City would get
additional investment revenue.
Mr. George Brlggeman, president and CEO of Briggeman Industries, LOS Alamltos,
explained how the waste reduction program had evolved under AB 939, the landfill
tipping fee schedule, lease purchase terms and listed other cities that have extended
their franchise agreements.
Responding to Council member Bowman on the benefits of a 20 year agreement to the
City, the City Manager said he believed it gave Briggeman a commitment to the City.
There are stili performance standards and recycling efforts and the Council retains the
right of rate review.
According to the franchise, Mr. Briggeman advised that they provide two bUlky Item
Cleanups per year to each resident.
Council member Carroll had several questions on the proposed financing agreement and
extension of the franchise agreement and he would have to be convinced It was best
arrangement and best Possible thing for Cypress homeowners and renters. He
expressed some concerns about the City'S cash liquidity and the City staff engaging In
banking arbitrage.
Councilmember Bowman stated that there is a monopoly on the sorting and the object
should be to try control your destiny, which is what the City is trying to do. The City Is
mandated to reduce diversion by 50% by the year 2000. The City would have control
over any arbitrary Increases; however, not those Imposed by the county or the
franchise formula.
After further eXPlanation, Councilmember Carroll suggested that the Council should
continue this Item for a publiC hearing to insure that the public realized this was the
best thing for all with a good explanation for the public.
Mr. Briggeman explained that they do not plan to raise the rates to service the debt.
That was not the intention. He is prepared to put the City in second position on the
property. The City also holds $200,000 in Briggeman revenues in arrears at the end of
any given month.
The City Manager advised that the actual financing document will be brought back to
the Council for approval.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
recommend to Increase the term of the agreement from ten to 20 years as outlined in
the staff report, which Is on file in the Office of the City Clerk and incorporated herein.
Councllmember Kerry returned to the dais at 10:20 p.m. The motion carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Kerry
Councilmember Carroll remarked that he voted yes on this, but believed the Items
should have been explored more. He voted yes so he can bring it up for
reconsideration.
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 14351 - 14584: It was
moved by Council member Bowman and seconded by Council member Jones to approve
the Warrants NO. 14351 through 14584 In the amount of $702,026.32. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
11
331
CITY COUNCIL MINUTES
March 27, 1995
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Council member Jones asked about the status of the Union Bank Credit Card. Mayor Age
expressed a similar concern. Mr. David Conde, 11301 Anegada street, Cypress, asked why
he could not talk about the two litigation cases on Cypress Land and Warland Industries.
The City Attorney stated that these are matters of pending litigation and a decision was
made not to litigate them in the public forum. Any discussion involving the those
matters may jeopardize the litigation for either side. Mr. Conde wanted to clarify that
the Council was not limiting publiC input and the move of oral communications to the
end of the meeting was not a move to restrict the public forum.
Mr. Joe Hardcastle asked that If Briggeman has reduced their flow to the landfill by 25%,
which means he is reSelling it and the City should reap some benefit from the sale. He
asked if the City was checking to see if Brlggeman was making excess profits from
Cypress' trash.
The Mayor asked the City Manager to look at the price he received from the recycling
center.
Mayor Age advised that she had received a letter regarding the railroad tracks on
Lincoln Avenue. The Planning Director reported that they had already responded by
letter asking for the Railroad company's assistance.
The Mayor stated she had a phone call from a resident with a question about the
abandoned gas station on Cerritos. The Planning Director responded that the owner has
been forwarded a letter about the graffiti and weeds. The Code Enforcement Official
will be following up on this Issue.
The City Attorney stated, for the record, that Councilmember Carroll had articulated his
yes vote on Item 128 so he could reconsider the item later. The City Attorney advised
that the motion needed to be made tonight. No motion for reconsideration was made.
ADJOURNMENT: Mayor Age adjourned the meeting at 10:30 p.m. to 5:30 p.m. Monday,
April 3, 1995 In the Administrative Conference Room.
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A THE CITY OF
ATTEST:
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CITY CLE~ T E ~ CYPRESS
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