Minutes 95-04-10
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391
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 10, 1995
The Regular Meeting of the Cypress City Council was called to order at 4:37 p.m.,
MOnday, April 10, 1995 In the Administrative Conference Room, City Hall, 5275 Orange
Avenue, Cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, Carroll, Jones, Kerry and Age
None
Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh
and staff members Davis, Dellalonga and Kelly.
WORKSHOP SESSION: Wicker Drive properties.
The Planning Director passed out information to the Council on the Joong Ang Church
from the orange county Fire Department. The Fire Department felt that they had
misrepresented some information and were making written corrections.
The City Council and staff then discussed the various development potentials for the
WIcker Drive properties. Also discussed was the possible appointment of a volunteer
committee to look at Interim and long range uses for the property.
RECESS: Mayor Age recessed the meeting at 5:35 p.m. to enable to move to the Council
Chamber. The meeting reconvened at 5:45 p.m. with all Council members present. Also
present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and
staff members Bacock, Chrlstoffels, Davis, DeCarlo, Kelly and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda.
CONSIDERATION OF CONTRACT FOR CONSTRUCTION OF A FREE-STANDING PUBLIC RESTROOM TO
BE LOCATED IN VETERANS PARK. PUBLIC WORKS PROJECT NO. 9403: The City Manager
requested the Public Works Director to summarize the staff report dated March 29,
1995, which Indicated that 19 bids had been received for the construction of a restroom
in veterans Park.
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to:
1. Award the contract for the Veterans Park Restroom project, Public Works Project
No. 9403, to T & M construction, 8946 Reales, Alta Loma, California 91737, in the
amount of $87,000.00 plus a ten percent contingency.
2. Appropriate $25,000.00 from the open Space Fund (park Dedication) to Capital
project Account No. 12-532-29.
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
CONSIDERATION OF RENEWAL OF CONTRACT FOR PROFESSIONAL BUILDING PLAN CHECK
SERVICES: The Planning Director presented the staff report dated April 3, 1995, which
described the services of a professional engineering firm utilized to provide complete
bUilding plan checking. The Community Development/Building Division has utilized the
services of Melad & Associates to provide complete bUilding plan checking services since
1988. The fees charged by Melad and Associates will remain the same as the original
contract dated April 26, 1988. These fees are reimbursed through established Plan check
fees paid by permit applicants.
It was moved by Council member Bowman and seconded by Councilmember carroll to
renew the contract for professional bUilding plan check services with Melad and
Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, California 92647, for a one
year periOd ending April 11, 1996. The motion unanimously carried by the fOllowing roll
call vote:
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39.2
CITY COUNCIL MINUTES
April 10, 1995
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF CONTINUATION OF SUPPLEMENTAL PLAN REVIEW SERVICES: The Planning
Director reviewed the staff report dated April 3, 1995, which described the utilization of
the services of an independent structural plan check firm to perform the necessary
structural plan review of bUilding projects. The City of Cypress had contracted with
Wllldan Associates for supplemental structural plan review services since March 1990.
Wllldan Associates has agreed that the original compensation rate of 75% of the plan
review fee COllected by the City Is still acceptable.
Council member Jones mentioned the minimum charge of four hours on building
Inspection services and suggested the possibility of reducing the minimum guarantee to
two hours.
It was moved by Council member Kerry and seconded by Councilmember Bowman to
authorize the extension of the contract with Willdan Associates, 12900 Crossroads
parkway south, Suite 200, Industry, California 91746, for supplemental structural plan
review services on an as-needed basis for a one year period expiring on April 10, 1996 at
the existing rate of compensation. 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
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 Age requested Item No. 14, Law Enforcement IntelligenCe Unit Annual Training
Conference be removed. Councllmember Carroll asked that Item No.4, City Council
Minutes of March 27, 1995 and April 3, 1995 be removed.
It was moved by Council member Bowman and seconded by Council member Jones to
approve the consent Calendar Items No.4 through 16, with the exception of Items No.4
and 14. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.5: Motion to Introduce and/or AdOPt All Ordinances and Resolutions Presented
for Consideration by Title only and to Waive Further Reading.
Item No.6: Consideration of Design Review Committee's Approval of DRC 695-16,695-17,
695-18 and 695-20.
RESOLUTION NO. 4465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-16 - WITH CONDITIONS.
RESOLUTION NO. 4466
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-17 - WITH CONDITIONS.
RESOLUTION NO. 4467
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-18 - WITH CONDITIONS.
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CITY COUNCIL MINUTES
April 1 0, 1995
RESOLUTION NO. 4468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-20 - WITH CONDITIONS.
Item No.7: Consideration of proclaiming April 9 -15,1995, as "Building safety Week."
Recommendation: That the Mayor and City Council officially proclaim April 9 -15, 1995,
as "Building safety Week" in the City of Cypress.
Item No.8: Consideration of proclaiming the Week of April 23 -30, 1995, as the "Days of
the Remembrance of the Holocaust."
Recommendation: That the Mayor and City Council officially proclaim April 23 - 30,1995,
as the "Days of Remembrance of the Holocaust."
Item NO.9: Consideration of Claim Flied by Mercury Insurance Group on Behalf of Shari
M. Morlnishi.
Recommendation: Receive and file.
Item No. 10: Consideration of proclaiming April 23 - 29, 1995, as the "Week of the Young
Child."
Recommendation: That the Mayor and City Council officially proclaim April 23 - 29, 1995,
as the "Week of the Young Child" in the City of Cypress.
Item No. 11: Consideration of proclaiming Sunday, April 30, 1995, as "Arbor Day" in the
City of Cypress.
Recommendation: The Mayor and City Council officially proclaim Sunday, April 30, 1995,
as "Arbor Day" in the City of Cypress.
Item No. 12: Consideration of proclaiming April 16 - 22, 1995, as "Child Abuse Awareness
Week."
Recommendation: That the Mayor and City Council officially proclaim the period of APril
16 - 22,1995, as "Child Abuse Awareness Week" In the City of Cypress.
Item No. 13: Consideration of Legislation and Other Issues for City Council support or
Opposition.
Recommendation: That the City Council authorize support of the Orange county
Division of the League of California Cities' position on AB 383 (pringlel, relating to
funding anti-gang programs.
Item NO. 15: Consideration of Amendment #1 to the Memorandum of Understanding
and Authorizing Resolution for the cypress Maintenance Employees' Association.
Recommendation: That the City Council move to adopt the Resolution by title only, title
as fOllOWS, ratifying Amendment #1 to the Memorandum of Understanding between the
City and the Cypress Maintenance Employees' Association, effective 4/10/95.
RESOLUTION NO. 4469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE
CURRENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE
CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION CONCERNING ISSUANCE OF JACKETS.
Item No. 16: Consideration of Request for Additional APpropriation from General Fund
Unreserved Fund Balance.
Recommendation: That the City Council authorize the appropriation of $5,700 from the
General Fund unreserved fund balance to 4206-11-101-01.
END OF CONSENT CALENDAR
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394
CITY COUNCIL MINUTES
April 10, 1995
Regarding Item No.4, City council Minutes of March 27, 1995 and April 3, 1995,
Councllmember CarrOll noted page 11, in the Minutes of March 27, 1995, under
"consideration of Amendments to the Existing Franchise Agreement with Briggeman
Disposal company, Inc., for Trash Disposal services," and asked to replace the words, "as
outlined In the staff report," with the actual recommendation that was quoted In the
staff report dated March 24, 1995. Councllmember Jones said she had asked for
clarification and she wanted the minutes to reflect the paragraph that she was reading
when she made the motion. Mayor Age disagreed and stated that if Council member
Jones' position was to be clarified, then the Mayor's also be clarified. The City Attorney
advised that the March 27, 1995 Minutes reflect exactlY what the motion was and the
April 3 meeting was to clarify that motion rather than going back to amend the March
27,1995 Minutes. Councllmember Jones asked that the Minutes of April 3, 1995 be
discussed In Closed Session.
It was moved by Council member Carroll and seconded by Councllmember Bowman to
Incorporate the staff report In the minutes of March 27, 1995 and approve those
minutes 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
With regard to the Minutes of April 3, 1995, the City Manager advised that he had
received a call from Council member Jones and since the Item was a Closed Session Item
previously, those minutes would be discussed in the Closed Session.
With regard to Item NO. 14, Mayor Age asked the police Chief If the pollee officers that
receive this training go back Into the field because she wouldn't approve of this type of
training just to send an officer back Into the field. The Chief advised that the Individual
will be In that assignment for at least another year and one-half. It was moved by Mayor
Age and seconded by Council member Kerry to approve the attendance of the Cypress
Police Department's Investigations Bureau Commander at the L.E.I.U. Training
Conference In Dallas, Texas, on May 16 -19, 1995, and that the attender be reimbursed
for all actual expenses. 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 allow the Council to
enter Into Closed Session to discuss the four agendlzed litigation items of Conference
With Legal Counsel - Existing Litigation (Government Code Section 54956.9(al with Citizens
Association for the Sensible Development of warland center, two Superior Court Cases
Nos. 737801 and 744436; county of orange, orange county Investment Pools Case NO. SA
94-22272-JER and APplication for Disability Retirement, Jon HOckey. The meeting
reconvened at 7:30 p.m. with all Council members present. Also present were staff
members Bacock, Christoffels, Davis, Decarlo, Kelly and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry.
The City Manager reviewed discussions held during the 4:30 p.m. workshop session on
the Wicker Drive properties. He then summarized the actions taken by the Council
during the 5:30 p.m. agenda session.
The City Attorney reviewed discussions held during the Closed Session on four existing
litigation Items. The orange county Investment Pool Bankruptcy Settlement Agreement
will be discussed later. The Council also discussed the Minutes of April 3, 1995 and
confirmed the language therein.
Mayor Age announced that the Cypress Kids' corner Boosters have donated $25 to the
D.A.R.E. program.
It was moved by Council member Jones and seconded by Council member Kerry to
approve the Minute of the Adjourned Regular Meeting of April 3, 1995, as submitted.
The motion unanimously carried by the fOllowing roll call vote:
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395
CITY COUNCIL MINUTES
April 10, 1995
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Mayor Age reported that an Item needed to be added to the Agenda on an emergency
basis regarding the EI Toro Reuse Structure process. It was moved by Councllmember
Bowman and seconded by Councllmember Jones to add Consideration of a New Reuse
Planning structure and Process for MCAS EI Toro to the Agenda as Item 24A. 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 Personnel Director announced that CopleY/Colony Cablevlsion will be dropping one
pay station, Bravo, and replacing it with American Movie Classics lAMCl channel at no
charge to the subscribers.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Tony smith, 6033 Trinidad Avenue, Cypress, commented on the action to provide
Brlggeman Disposal with a 20 year agreement and the authorization of a loan of
$700,000 of citizens' tax dollars to Briggeman. It is outrageous that the Council would
consider a 20 year contract with any business providing service In the City and even
more ridiculous when there was no request for competitive bids. He believed that tile
campaign contributions to some CounCil members and gifts to City staff members was a
blatant conflict of Interest.
Mayor Age asked the City Attorney to recap a portion of the meeting of April 3, 1995.
The City Attorney advised that the Closed Session involved the threat of litigation made
by Mr. Brlggeman regarding some confusion or a dispute about the March 27, 1995
meeting. The Items were clarified In the April 3, 1995 meeting as to the Intent of the
Council In approving the franchise agreement extension. The amount of $700,000 was
never part of the original motion. The consideration that was given by Mr. Brlggeman
in eXChange for the franchise agreement extension was also clarified.
Ms. Kathy Simcox, 6143 Trinidad Avenue, Cypress, expressed her concerns regarding
Brlggeman Disposal and the campaign contributions made by Brlggeman to various
Council members, past and present. She stated she would like a voice In where her
money Is spent and hire the person who will provide trash service for the least amount
of money.
Mr. Mike Grltchen, 11619 Malden Street, Cypress, representing the group called "Citizens
for Sensible Development of warland center," read a letter that had been circulated In
Cypress by Councllmember Gall Kerry and Joyce Nicholson in 1989.
Mr. Bob sundwall, 5486 Vista Sierra, Cypress, expressed his appreciation to the City
Council for the work they have done over the year.
Mr. Don Wesllng, 11431 Anegada Street, Cypress, referred to the prOblems encountered
by Mr. Kernes, who lives adjacent to the City Maintenance Yard and he didn't appreciate
the Council making light of the problem. He said that Mr. Kernes does deserve some
consideration.
Mr. Rosendo 5ublas, no address given, cypress, asked about the lack of truck routes and
truck weight limits In Cypress and felt they should be Implemented.
The City Manager stated that the City does have truck routes and weight limits and they
are posted.
Mr. Bob Pepper, 6273 Trinidad Avenue, Cypress, spoke about the Council'S approval of
Cypress Land'S CUP 95-2. He also spOke about the Council stifling freedom of speech In
this community.
RECESS: Mayor Age recessed the meeting at 8:04 p.m. and reconvened at 8:10 p.m. with
all Council members present.
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CITY COUNCIL MINUTES
April 10, 1995
Mr. Brian Black, 11382 Anegada street, Cypress, a resident and an employee of panasonlc,
wished to clarify that his organization did not operate 24 hours a day, seven days a
week. He provided a business card from the Assistant General Manager who would like
to clarify the matter with the Mayor.
Mr. Loren Van Tuyl, 9542 Margaret street, Cypress, stated he resented several citizens
using the Council Chamber platform for their agenda to run for the City Council. He
objected to it.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
spoke.
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-4. ESTABLISH
RECYCLING FACILITY IN PARKING LOT OF CYPRESS CENTER WEST COMMERCIAL CENTER. 4033
BALL ROAD. CYPRESS: Mayor Age opened the public hearing. The Planning Director
summarized the staff report dated March 27, 1995, which represented a request from
Environmental products Incorporated, a recycling company, proposing to remove the
three existing reverse vending machines and replace them with two roll-off containers
creating a staffed recycling faCility. In accordance with the California Environmental
Quality Act, a categorical Exemption will be filed for this project. Updated State
Department of Conservation Recycling Law, AB 2020, required major supermarkets to
provide recycling facilities for customers and the application Is a request to Increase the
capacity of the recycling operation at the center. The Imposed restrictions on the hours
of operation and other conditions as necessary ensure the health, safety and welfare of
surrounding properties. Notification of the publiC hearing was mailed to property
owners within 300 feet of the subject property. Staff did receive a call from Ms. Earl of
4039 Larwin inquiring about the proposed recycling center.
MS. Christy Rael, Environmental products corporation, 4775 Brookhollow Circle, Riverside,
presented photographs of the bins and stated that they enhance the City'S landfill
waste reduction plan that is required to be met. They would be willing to landscape the
enclosures to Isolate the recycling area. The bins are exchanged twice a month; one bin
holds aluminum, the other plastic and glass.
Mayor Age asked If anyone wished to speak in favor of the application.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated that the recycling centers he has
been to were clean and convenient. He agreed with the concept of the bins.
NO one else wished to speak In support of or In opposition to the application.
Council member Kerry expressed a concern about the lack of options, asked for a review
of any other options and a continuance of the item.
It was moved by Council member Kerry and seconded by Councllmember Jones to
continue this item to the meeting of May 8,1995. Councilmember Bowman asked staff
to affirm if the recycling center has to be located on the supermarket grounds. 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 Council wished the study to include, In addition
to a review of the legislation, the number of convenience zones In the City, potential
locations, alternatives and options as far as the type of facilities and the applicability of
the law to this jurisdiction.
MAYOR AGE LEFT THE MEETING AT 8:45 P.M. Mayor pro Tem Bowman then chaired the
Council meeting.
CONSIDERATION OF SATISFACTION OF CONDITION NO. 60 OF CONDITIONAL USE PERMIT NO. 93-
15. HEIGHT EXTENSION OF WESTERN PERIMETER WALL. SENIOR APARTMENT COMPLEX. 9021
GRINDLAY STREET. CYPRESS: The City Manager asked the Planning Director to present the
staff report dated March 31, 1995, which advised that the previously approved
Conditional Use Permit No. 93-15 allowed the construction of a 124 unit senior
apartment complex at 9021 Grindlay Street. Condition No. 60 of the permit required the
developer of the project to return to City Council with a solution regarding Increasing
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CITY COUNCIL MINUTES
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391
APril 10, 1995
the wall height along the west project boundary In order to deter access over the wall.
The applicant has submitted a proposal for a 30" high extension to the existing masonry
wall located along the west perimeter, which separates the subject property from the
adjacent Lincoln-Moody development. The proposed wall extension represents the
developer's solution to the increased wall height requirement and meets the Intent of
Condition NO.6. Staff recommended that the Council confirm the developer's
compliance with Condition No. 60.
It was moved by Council member Kerry and seconded by Council member Jones to
receive and file the report. The motion unanimously carried by the fOllowing roll call
vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carrOll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF CYPRESS HIGH SCHOOL'S GRAD NITE: The City Manager presented the
staff report dated April 5, 1995 in which Councilmember Carroll had requested that this
matter be placed on the agenda. In May of 1994, the Council did approve a
recommendation to participate In Grad Nite through the Drug Asset Seizure Fund. This
year a letter was received by Pollee Chief Wicker requesting reconsideration of that
Item. At that time, a stUdy of the number of cypress residents who attend high schools
other than Cypress in surrounding cities was requested. The high schools serving the
City are Cypress with 82.5%, Kennedy 17%, Pacifica 17% and western 4%.
It was moved by Councilmember Kerry to approve the recommended amount to be
taken from Asset Seizure money. Council member Jones remarked that her child went
to Western and consideration should be given to granting some of the funds to the
other schools that offer Grad Nlte. Council member Kerry stated that the money should
be divided among the other high schools attended by Cypress residents as long as they
provide a sane and sober graduation. Council member Carroll commented that it should
be left open to the other high schools and have matching funds on a per capita basis.
Council member Kerry modified her motion to Include other high schools who provide a
request, It be considered on a pro rata basis. Mayor pro Tem Bowman concurred. The
motion was seconded by Council member Jones and unanimously carried by the
fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carroll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
The City Manager clarified that the amount of the City's contribution to Grad Nite would
be $2,000.
CONSIDERATION OF APPOINTMENT TO THE CYPRESS TRAFFIC COMMISSION: Mayor Pro Tem
Bowman advised that Mayor Age had submitted her choices for the Commission and
they were Joe Mansollno and Richard Marzolf. Council member Kerry had asked for a
map Indicating the residences of the current Commissioners and the applicants, which
was given to each Council member.
It was moved by Councllmember Kerry and seconded by Councilmember Jones to
appoint Harvey Imanuel to the Traffic Commission. The motion unanimously carried by
the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Jones, Kerry and Bowman
1 COUNCILMEMBERS: Carroll
1 COUNCILMEMBERS: Age
It was moved by Councllmember Jones and seconded by Council member carroll to
appoint Joe Mansolino to the Cypress Traffic Commission. 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 ORANGE COUNTY INVESTMENT POOL BANKRUPTCY SETTLEMENT
AGREEMENT: The City Manager presented the staff report of April 5, 1995 and advised
that the Council did have an opportunity to consider this Item in Closed Session. The
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CITY COUNCIL MINUTES
April 10, 1995
action did require publiC discussion and authorization for staff to respond to the county
In terms of the options provided for settlement of this Issue. The proposed settlement
agreement was attached to the report for City Council's Information. The City Manager
then explained the three options that were available to the agencies.
Option A Is the option the county Is asking all of the agencies to consider and, upon
settlement, would return $4,473,220.00, which represents a substantial part of the City
of Cypress' amount In the Investment Pool.
The City Attorney also recapped the three options and under Options A and B, all parties
waive their rights, except under Option B, the rights against the county and/or Merrill
Lynch were not waived. Basically, on Options A and B the agencies receive a certain
amount of structured settlement monies now and allow the County to attempt to
recover the remainder.
Council member carrOll stated that he didn't like what the City was getting but It
appeared to be the best option. Council member Kerry commented that the county has
control over many types of fees and she expected many of them to be Increased.
It was moved by Councllmember Jones and seconded by Council member Carroll to
accept Option A. The motion unanimously carried by the fOllowing rOil call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: carrOll, Jones, Kerry and Bowman
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Age
CONSIDERATION OF DISCUSSION REGARDING DESIGNATED PERSONNEL WHO MAY HAVE ACCESS
TO SALES TAX REVENUES GENERATED BY COMPANIES OR CORPORATIONS WITHIN THE CITY:
The staff report dated April 5, 1995 Indicated that this Item had been placed on the
Agenda at the request of Council member Jones. Council member Jones had understood
that Council members were not designated to have access to sales tax revenues;
however, other cities' councils are privy to this type of Information. The City Attorney
advised that a full report would be forthcoming as to what Information can be given to
the City. preliminarily, the State law governs the prohibition of the disclosure of sales
tax data under the Revenue and Taxation Code. It Is unlawful for anyone other than an
officer or employee to disclose information that has been received by them from the
State Board of Equalization on sales tax data. It does give authority to the particular
local agency to designate who has access to the Information and there are severe
limitations as to what can be done with the Information. Because the Code is not clear,
the City Attorney will return to Council with clearer Information as to the parameters.
The City Manager reported that the Finance Department does receive monthly reports
on the City's sales tax revenues which can be monitored for revenue projections.
MAYOR AGE RETURNED TO THE MEETING AT 9:20 P.M.
Mayor Pro Tem Bowman asked If a local jurisdiction can have someone other than just
the Finance Director and the City Manager accessible and does the jurisdiction have the
ability to obtain sales tax information on entities that are interested in relocated into
the community.
The City Manager advised that a change in the state Board of Equalization'S rules has
allowed the cities access to the top 25 retailers as long as It Is a random list, not ranking
or listing by the amount of taxes paid.
It was moved by Council member Jones and seconded by Councllmember CarrOll to
direct the City Attorney to review and report on who may access sales tax revenues
generated by companies or corporations within the City as to case law and other cities'
practices. Responding to Councllmember Kerry, the City Attorney said he would review
the legislative documents to determine Intent and then call the legal counsel for the
State Board of Equalization, which should be fairly quick. Councilmember Carroll
mentioned a consulting firm that could provide the Information by property site which
the City Attorney will pursue. 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 MINUTE5
April 10, 1995
CONSIDERATION OF AMENDING SECTION 2-2.11 OF THE CODE OF THE CITY OF CYPRESS
REGARDING RULES OF DEBATE AT CITY COUNCIL MEETINGS: Council member Jones had
requested that this Item be placed on the agenda for discussion. Council member Jones
stated that she had a conversation with the City Attorney regarding Roberts' Rules of
Order and she asked him to comment. The City Attorney explained that he had
submitted a lengthy memorandum on what the procedural rules mean, the historic
precedent, how they were arrived at and their application. His contention Is that
Roberts' Rules are much too inflexible and complex for a City Council with respect to
parliamentary rules. The government code provides a lot of room for how a City
conducts its business because the purpose of the City Council is to attend to the items
on the agenda In the most expedient manner possible. He suggested that the CounCil
reconsider the parliamentary rules and that Roberts' Rules of Order not be required but
be used as a guideline only.
After some discussion about which rules to follow, the City Attorney suggested that
whatever rules are ultimately adopted, they not be adopted by ordinance because it
limits the ability to be flexible.
Councilmember carroll suggested that the amendments be limited to Section 2-2.11 of
the Code. Council member Bowman suggested that a workshop be held on any changes.
It was moved by Councllmember Jones to accumulate additional information from other
cities as to the types of rules of order they have been fOllowing and then have a
workshop session. Mayor Age would ask that the survey be divided into General Law
and Charter cities. Council member Jones clarified that only the rules of debate are
being addressed. The motion was seconded by Council member Bowman and
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 COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 14585 -14805: It was
moved by Councilmember Bowman and seconded by Councllmember Kerry to approve
the Warrants No. 14585 through 14805 in the amount of $713,021.04. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
The next item was 24A which was added earlier in the evening regarding CONSIDERATION
OF A NEW REUSE PLANNING STRUCTURE AND PROCESS FOR MCAS EL TORO. Mayor Age
advised that the air station was requesting a representative to attend the reuse
meetings and asked If a staff member could attend the meetings in lieu of
Council members. Council member Bowman suggested that the representative be the
Mayor or her designee.
It was moved by Mayor Age and seconded by Council member Bowman to appoint
Councilmember carroll as the representative and Mayor Age the designee. 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
Recreation & Park District Matters:
CONSIDERATION OF RECREATION & COMMUNITY SERVICES COMMISSION AND CITY COUNCIL
JOINT MEETING SCHEDULED FOR APRIL 24.1995: The staff report dated March 30, 1995
included a draft copy of the agenda, giving five Issues, for the joint meeting with the
City Council on April 24, 1995. The City Manager asked the Council to add any issues now
or call them into the City Clerk's Office later in the week.
councilmember Bowman asked if the pUblic use of the Mitsubishi tennis courts could be
added to the agenda. Responding to Council member carroll, the Director of Recreation
and Parks advised that the City does have an agreement with Cypress High School to use
their tennis courts.
It was moved by Council member Bowman and seconded by Council member Kerry that
the Cypress City Council acting as the ex-officio Government Board of Directors of the
9
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400
CITY COUNCIL MINUTES
April 10, 1995
Cypress Recreation and Park District receive and file the report. 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 YOUTH ROLLER HOCKEY PROGRAM: The Director of Recreation and parks
summarized the staff report dated March 30, 1995, which represented a proposal for a
roller hockey program for ages seven through 13 to be offered on week nights at
Arnold/Cypress Park. The program would be In conjunction with the City of La palma,
sanctioned by the National In-Line Hockey ASsociation with a suggested fee of $80 per
participant. With maximum participation of 80 children from Cypress, the league Is
expected to generate revenue of approximately $6,000 and Will Incur estimated
expenditures of $4,900.
After a question and answer session, Council member Kerry said she hoped that there
would be a better facility In the near future.
It was moved by Council member Kerry and seconded by Councllmember Bowman that
the City Council, acting as ex-officio Governing Board of Directors for the Cypress
Recreation and Park District, approve the proposed Roller Hockey League with a fee of
$80 per participant or $55 for NIHA members as recommended by the Recreation and
community services Commission. 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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. Don wesling, 11431 Anegada street, Cypress, spoke further regarding Mr. Bob Kernes
and asked about the legality of the block wall being part of a City bUilding on the
property line. The City Manager advised that research Is being done now through the
history of the development. The Public Works Director reported on the progress that
had been made as a result of Mr. Kernes' three requests. The building on the property
line was not one of the original concerns discussed.
Councllmember Kerry said fortunately the City has a very creative PUblic Works Director
now who has worked hard to resolve the problems. Mayor Age advised that Mr. wesllng
will be given a copy of the report.
Responding to Mr. wesllng, the City Attorney replied that he was appointed by the
Council to act as the chief legal advisor for the City council, City Manager and
department heads.
Mr. wesllng felt that the Mayor should apOlogize to Mr. pepper.
Mr. Abel Barbosa, no address given, Cypress, commented that he Is philosophically
opposed to recalling individuals once they have been elected and felt that It should be
handled at an election. He felt that he represented the undecided, he was getting
negative feedback and wanted to make his decision on facts. He asked if there was a
way to resolve the problems short of recall.
The City Manager asked that the City Attorney again review why the restrictions had
been placed on any conversation on the two litigation issues. The City Attorney stated
that pUblic comment is to address the City Council on issues within the City. When a
lawsuit is filed, the City Council no longer has jurisdiction of these Items; the court has
jurisdiction. The matter Is In court and It Is an adversarial proceeding. Public comments
are directed to the council for matters within their control, matters In litigation are
dealt with by the courts and there has been no attempt to restrict pUblic comment on
other Issues.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, complained about the $5,700 to pay for
travel expenses to the California League of Cities and the waste of money. He objected
to his taxes being used to send people to these meetings.
MS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, asked If they would be able to speak at
the public hearing scheduled for April 24 on the amendment to the permit for Diamond
10
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401
CITY COUNCIL MINUTES
April 10, 1995
sports. The City Attorney responded In the affirmative because the lawsuit does not
address the amendment. The amendment Is separate and apart from the litigation. She
then brought up the fact that Mr. Pepper was not allowed to speak for three minutes or
address the amendment. She addressed the Brlggeman matter, that the citizens should
be fairly represented, money could be saved and the contract should be bid
competitively. She questioned the Mayor's listing of gifts and If she received the same
gifts as the other Council members, why weren't they listed.
Council member Kerry addressed the Brlggeman franchise agreement and the fact that
rates were different for each feature of trash disposal and the entire operation should
be considered. Ms. Simcox asked If the Brlggeman franchise agreement were public
Information and If she had access to It. The City Manager replied In the affirmative. The
City Manager explained that the residential trash disposal rates In Cypress are among the
lowest and are above average on commercial disposal rates.
Mr. Tony smith, 6033 Trinidad Avenue, Cypress, referred to the Brown Act, the mlsadvlce
given the Council by the City Attorney and then read a sentence from the Act. The City
Attorney then explained again the difference between public comment and comment
on litigation matters. After further dialogue, the City Manager questioned the taking of
testimony on the Diamond sports amendment because It Is scheduled for a public
hearing and the applicant Is not present. The City Attorney suggested that any further
comment be made at the public hearing on April 24.
Councllmember Jones referred to the letter received from Mr. and Mrs. Ivins. Mayor Age
advised that the staff Is responding to the Inquiry and all Councllmembers will receive a
copy of that response.
Councllmember Carroll said that the City Attorney's advice to the Council Is consistent
with that of corporate lawyers and that matter Is In the hands of the courts.
Mayor Age said there appears to be miscommunication about the meaning of "City" and
there are 45,000 residents. Every time the Council votes, someone Is not going to agree,
but that doesn't mean the CounCil doesn't represent the citizens. The Council Is voted
In by the people to give It their best shot and to do what they believe right on behalf
of the City.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
ADJOURNMENT: Mayor Age adjourned the meeting at 11:00 p.m. to 5:00 p.m. Monday,
April 17, 1995 In the Administrative Conference Room, City Hall.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
11
-'4-0't /;
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 17, 1995
An Adjourned Regular Meeting of the Cypress City Council was called to order at 5:20
p.m., Monday, April 17, 1995, in the Administrative Conference Room, West Wing, City
Hall, 5275 orange Avenue, Cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, carrOll, Jones, Kerry and Age
None
ORAL COMMUNICATIONS: No one wished to speak.
INTERVIEW SESSION: The Council interviewed two applicants for the vacancies on the
Cultural Arts Commission.
At this time, the City Manager/City Clerk Darrell Essex, Planning Director Eynon and
Redevelopment TeChnician Jim Dellalonga and Consultants Patrick callahan, Joanne
Lombardo and Woody Dyke joined the meeting for the Workshop Session.
WORKSHOP SESSION: Lincoln Avenue specifiC Plan.
Discussion began regarding the use of the word "urban" and the perception of the
word. It was decided that the word "urban" be changed to "community" In the phrase
"community design plan". This phrase Is used In the description of the specific Plan at
the beginning of the draft document.
Staff reviewed the boundaries of the Specific Plan StUdy Area, responding to questions
about Its unusual shape and how it compares to the Redevelopment project Area
boundaries. After some discussion, It was decided to include a portion of Camp street,
near the corner of Moody street and Lincoln Avenue. Staff was also asked to plot the
land uses on BishOp Street from Grindlay Street to the train tracks. Council asked the
Consultant, P & D TechnOlogies, to identify the single family residence lots on Alaska
Street adjacent to the City Yard.
After staff presented the issues Involved in Changing the zoning of Forest Lawn
cemetery from Public/Semi.Public (PSI Zoning to a cemetery zone, Council decided to
keep the current PS Zoning. Council requested staff to review the City's PS zoning
initiative ordinance.
Council inquired about the Hotel/Motel situation on Lincoln Avenue and staff explained
they had provided Council with a priority matrix of the motels on Lincoln Avenue and
are working Incrementally with the Police Department. Council directed staff to
forward the Information to the City Attorney for his review and to study Issues relating
to deleting the hotels/motels from the Redevelopment project Area and specific Plan.
In the campus Village area of the specific Plan, Council proposed to require a conditional
use permit for all uses, but reduce the fees in that area.
Council felt that in order to better address the remaining issues on Lincoln Avenue, a
Committee should be formed to examine the issues. The Council asked staff to prepare
a press release to be sent to area newspapers advertising the formation of a six month
committee, composed of at least 30 business owners, property owners and residents to
study Lincoln Avenue and make recommendations to the City Council regarding the
Lincoln Avenue specific Plan.
Council directed staff to Include the issues not resolved dUring this workshop into the
advertisement for the advisory committee to give the public an idea of the issues they
will be addressing.
Staff would return to Council with a citizen participation plan outlining how the
advisory committee will be conducted.
ADJOURNMENT: Mayor Age adjourned the meeting at 7:35 p.m. to 4:30 p.m. MOnday,
April 24, 1995 in the Administrative Conference Room.
MAYOR OF THE CITY OF CYPRES5
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS