Minutes 95-05-22
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
May 22,1995
The Regular Meeting of the Cypress City Council was called to order at 4:05 p.m.,
MOnday, May 22, 1995 In the Administrative Conference Room, west wing, City Hall, 5275
Orange Avenue, Cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Councllmembers Bowman, carroll, Jones and Age
council member Kerry
ORAL INTERVIEWS: The City Council conducted Interviews of the four applicants one of
which would act as the City's Representative to the orange County Vector control
District.
COUNCILMEMBER KERRY ARRIVED AT 4:25 P.M.
JOINT MEETING: Cultural Arts Commission.
The joint meeting began with the Introduction of the City Councllmembers and Cultural
Arts Commissioners Bloch, Shermet, SUnley, Tolkln and Brown. Also present were the
Acting City Manager Gary Bacock, Recreation and park District Director Decarlo and
Recreation services Manager Bailey. Chairman Brown made Introductory remarks on an
overview of the arts in Cypress and each Commissioner then spoke the particular
subjects of an update on the status of the proposed arts feasibility studY, development
of the wicker Drive property, Including a multi-use Cultural Arts center and the
availability of redevelopment funds to use toward the development of such a Center or
for the purchase of property for a multi-use Cultural Arts center. The Commissioners
then asked the Council for any cultural arts projects they may wish the Commission to
pursue.
RECESS: Mayor Age recessed the meeting at 5:25 p.m. to enable the Council to meet In
the Council Chamber. The meeting reconvened at 5:30 p.m., with all Council members
present. Also present were Acting City Manager Bacock, City Attorney John cavanaugh
and staff members Chrlstoffels, Decarlo, Dellalonga and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak.
AWARD OF CONTRACTS:
CONSIDERATION OF AWARD OF CONTRACT FOR POLICE DEPARTMENT INTERNAL AFFAIRS
INVESTIGATIONS: Mr. Bacock Introduced POlice Chief Wicker who presented the staff
report dated April 14, 1995, on the conduct of inquiries of Its operations and personnel
know as Internal Affairs Investigations. These Investigations are routinelY conducted by
Police Department management staff and supervisors; however, they can be time-
consuming and burdensome to the existing staff. It Is also Important that these
Inquiries be conducted In confidence and In fairness to personnel and the department.
The report recommended that It would be appropriate to secure the services of Mr. Dan
Tregarthen to conduct periodic internal InqUiries and audits of the Cypress police
Department, Its personnel and Its operations.
Council member carroll asked the police Chief to invite the police employee associations
to comment on the Internal affairs Investigations without encumbering the authority of
the City Council or the POlice Chief to conduct those investigations.
Mayor Age asked staff to Insure that both Council members Carroll and Jones had the
Information on the prior studies.
The Chief clarified that this contract does not relate to each Internal affairs Inquiry that
may develOp. It only relates to those that may be sensitive, where any of the Individuals
Involved and the nature of the offense would be such that an independent evaluation
was warranted.
It was moved by Councllmember Bowman and seconded by Coullcllmember Jones to
approve the award of contract to Mr. Dan Tregarthen, I.A. Connections, P.O. Box 6748,
san pedro, california 90734, at the contract cost of $75.00 per hour for services rendered
by I.A. Connections. Funds are available for this contract in Account Numbers 4179-11-
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CITY COUNCIL MINUTES
May 22,1995
161-05 and 4189-11-161-05 (Police Administration Legal services and Other professional
Servicesl. 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 CONTRACT WITH THE CITY OF WEST COVINA TO PROVIDE ALL INCLUSIVE
AUTOMATED RECORDS MANAGEMENT SYSTEM AND COMPUTER AIDED DISPATCH SYSTEM: The
Police Chief summarized the staff report dated May 8,1995, which represented a
contract for the replacement of the current Police Department automated Records
Management system (RMS) and computer Aided Dispatch (CAD> with the West Covina
Police Department's state-of-the art system. It has become apparent that the current
system has reached Its maximum performance level and was significantly limited in
regard to any further development or modification. As a result of a Needs Assessment
Study, the system that was Identified as meeting or exceeding all established criteria
regarding both hardware and software needs was being offered by the West Covin a
Police Department. This system consists of Hewlett PacKard hardware equipment and a
highly upgraded OCS/US west software program. Total cost for the entire "turn key"
system is not to exceed the allocated $300,000.
After a question and answer period, Lt. Weuve reported on the downtime percentage
rate on the West Covlna system, which has been nothing but the regular, scheduled
maintenance.
It was moved by Council member Kerry and seconded by Council member Carroll to
approve the contract with the City of West Covina to provide all equipment and services
associated with their CAD/RMS system as provided for in the contract. Expenditures for
the contract are not to exceed $300,000.00 and are to be appropriated from the Capital
outlay budget Account Number 4413-90-657-36. 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 STRUCTURAL REPAIRS TO THE POLICE
DEPARTMENT FOUNDATION AND FLOOR SLAB. PUBLIC WORKS PROJECT NO. 9123: The Acting
City Manager requested the Public Works Director, MarK Christoffels, review the staff
report dated May 11,1995, which indicated that six bids were received for the structural
repairs to the police Department foundation and floor slab. The repairs will Include
densification of soli and replacement of broken window glass and defective concrete
foundation In two problem areas.
It was moved by Councilmember Kerry and seconded by Councilmember Bowman to:
1. Determine that the lowest responsible bidder for Public works project No. 9123
to be Pressure Grout Company; and
2. Award a contract for the Structural Repairs to the Police Department Foundation
and Floor Slab to Pressure Grout company, 1301 W. 11th street, Long Beach, CA
90813 In the amount of $17,580.00 (award amount of $14,080.00 plus $3,500.00
contingency for soil denslficationl.
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 AN AWARD OF CONTRACT WITH LANDIS & GYR POWERS. INC. OF CYPRESS
FOR AN ENERGY SERVICES PACKAGE: The PUblic Works Director summarized the staff
report dated May 12,1995, which indicated that authorization had been given the City
Manager to sign a letter of intent with Landis & Gyr powers, Inc. of Cypress for an Energy
Services pacKage that will upgrade the heating, venting and air conditioning (HVAC) and
lighting equipment in various city buildings to reduce energy costs. The project scope
has been finalized and staff is recommending that the Council proceed with the formal
award of contract. He advised that the original proposal was brought forward with a
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CITY COUNCIL MINUTES
May 22,1995
ten year lease-purchase; however, the Finance Director has indicated that a cash
payment up front would be preferable.
Mr. John Harrington, Landis & Gyr Powers, Inc., reported that the savings will be
approximately 25 to 30% of the City's total utility budget. The annual expenditures at
this time are approximately $260,000, with a projected savings of $87,000 per year.
It was moved by Council member Bowman and seconded by Council member Kerry to:
1. Award a contract to Landis & Gyr Powers, Inc. of Cypress for an Energy services
pacKage as outlined in the agreement and authorize the Mayor to execute the
agreement on behalf of the City.
2. Appropriate $454,000 from the Fund Balance of the General Fund to Account No.
4186-11-480-24 and approve a transfer from the Central Services Fund (Capital
Maintenance Account) to the General Fund In the amount of $454,000.
3. Approve a loan of $254,000 from the Lighting District to the Central Services Fund
(Capital Maintenance Account) to be paid back In five years.
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 pulled Item No. 12, Consideration of Approval of the Attendance of Cypress
Police Department DAR.E. Personnel at the National D.A.R.E. Officers' Training
conference, July 11-15, 1995, In Houston, Texas. Councilmember Carroll asked that Item
No. 18, Consideration of Monthly Investment Program for the Months of March and April
1995 be removed.
It was moved by Council member Bowman and seconded by Councilmember Jones to
approve the Consent Calendar Items NO.5 through 20, with the exception of Items No.
12 and 18. 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 Approve City Council Minutes of May 8, 1995.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
May 8, 1995.
Item NO.6: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title only and to Waive Further Reading.
Item NO.7: Consideration of proclaiming May 22-29, 1995, as "Buckle Up Amerlcal Week."
Recommendation: That the Mayor and City Council officially proclaim May 22-29, 1995, as
"Buckle Up Amerlcal WeeK" in the City of Cypress.
Item NO.8: Consideration of proclaiming June 1995, as "Tuberculosis Awareness Month."
Recommendation: That the Mayor and City Council Officially proclaim June 1995, as
"Tuberculosis Awareness Month" in the City of Cypress.
Item NO.9: Consideration of proclaiming June 19-25, 1995, as "Amateur Radio WeeK."
Recommendation: That the Mayor and City Council officially proclaim June 19-25, 1995,
as "Amateur Radio Week" In the City of Cypress.
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CITY COUNCIL MINUTES
May 22,1995
Item No. 10: Consideration of a Resolution Establishing the City's Appropriation Limit.
Recommendation: That the City Council adopt the Resolution by Title only, title as
follows, establishing the City's FY 1995-96 appropriation limit as $27,708,108.
RESOLUTION NO. 4483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S
APPROPRIATIONS LIMIT FOR THE 1995-96 FISCAL YEAR.
Item No. 11: Consideration of Renewal of Cypress corporate Center Landscape
Maintenance District NO.1 for the Landscaped Berm on the North Side of the Stanton
Channel, City of cypress Project No. 8615-90.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, ordering the City Engineer to prepare a report concerning renewal of Cypress
corporate Center Landscape Maintenance District NO.1 for the maintenance of the
landscaping and Irrigation system on the berm on the north side of the Stanton
Channel.
RESOLUTION NO. 4484
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ORDERING THE
PREPARATION OF A REPORT IN CONNECTION WITH THE RENEWAL OF CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT 1.
Item No. 13: 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.
Recommendation: That the City Council: 1) Accept the work of the street Rehabilitation
and Slurry Seal of various Alleys, Civic Center ParKing Lot, and Wellson Drive, PUblic Works
Project NO. 9316, as being satisfactorily completed in conformance with the Plans and
specifications; 2) Approve the final retention payment to SUllY-Miller contracting
Company, 1100 East orangethorpe Avenue, #200, Anaheim, CA 92801, thirty-five (35) days
after the Notice of completion is flied; and 3) Authorize the City ClerK to release the
Labor and Materials Bond upon expiration of the required lien period, if no claims or
objections have been filed, and to release the Faithful Performance Bond upon the
expiration of one year's guarantee with the concurrence of the Public Works Director.
Item No. 14: Consideration of Renewal of Agreement for Shared Court Liaison Services
Between the Cities of Cypress, Seal Beach and LOS Alamitos.
Recommendation: That the City Council authorize the City Manager to execute renewal
of the contract agreement with the cities of Seal Beach and Los Alamltos for Cypress to
provide law enforcement court liaison services to those municipalities on a contractual
basis.
Item No. 15: Consideration of Legislation and Other Issues for City Council Support or
Opposition.
Recommendation: That the City CounCil: 1) authorize support of the League of
California Cities' position on SB 466 (LeOnard), relating to Eminent Domain and Inverse
condemnation; and 2) Authorize support of the orange county League of California
Cities' position on SB 10xx IKillea) relating to the formation of a County Assistance
Authority.
Item No. 16: Consideration of Acceptance of Project for Construction of Asphalt
pavement at the City Maintenance Yard, Public Works Project No. 9435.
Recommendation: That the City CounCil: 1) Accept the Construction of Asphalt
Pavement at the City Maintenance Yard, Public works Project No. 9435, as being
satisfactorily completed In conformance with the project specifications; 2) Approve the
final retention payment to copp contracting, Inc., 12507 S. Carmenlta Road, Whittier, CA
90605, thirty-five (35) days after the Notice of completion Is filed; and 3) Authorize the
City ClerK to release the Labor and Materials Bond upon expiration of the required lien
period, if no claims or objections have been flied, and to release the Faithful
performance Bond upon the expiration of one year's guarantee with the concurrence of
the PUblic WorKs Director.
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CITY COUNCIL MINUTES
May 22,1995
Item No. 17: Continuation of Consideration of an Application for Alcoholic Beverage
License Transfer Flied by Fred Kuebler, D.B.A. Via Maria, Inc., 9969 Walker street, Cypress.
Recommendation: Receive and file.
Recreation & park District Matters:
Item NO. 19: Consideration of a Resolution Establishing the Cypress Recreation and park
District's Appropriation Limit.
Recommendation: That the City council, acting as the ex-officio Board of Directors of
the Cypress Recreation and park District, adopt the Resolution by title only, title as
fOllows, establishing the District's FY 1995-96 appropriation limit as $3,082,970.
RESOLUTION NO. 185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK
DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1995-96 FISCAL YEAR.
Item No. 20: Consideration of New Adult Activity Classes.
Recommendation: That the City council, acting as the ex-officio Board of Directors for
the Cypress Recreation and Park District, approve the new classes and fees as
recommended by the Recreation and community Services Commission.
END OF CONSENT CALENDAR
Regarding the Attendance of the D.A.R.E. personnel at the National Training Conference,
Mayor Age asked how long Is the D.A.R.E. officer's term so they can utilize the training
for some time. The Police Chief replied that the current D.A.R.E. officer has another
year to serve In the unit. It was moved by Mayor Age and seconded by Council member
Kerry to approve the attendance of Cypress police Department D.A.R.E. personnel at the
8th Annual National D.A.R.E. Officers' Training Conference. Council member Kerry
reported that D.A.R.E. graduations would be starting tomorrow. 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 the Monthly Investment program for the Months of March and April 1995,
Councllmember Carroll noted that the City has $20 million or more In the State
investment fund, with $4 million from the county soon, and he asked about Investing in
T-Bllls which are safest and higher. The Finance Director reported that $2 million was
received the last day of the month and the quickest Investment was the Local Agency
Investment Fund (LAIF), which resulted In more LAIF than projected. The second point is,
while the T-BIII interest rates were higher at that time, currently LAIF is at 6% and the
short term T-Bills are less. Counciimember Jones mentioned that the orange county
banKs are giving immediate credit on the checKs received from the bankruptcy court.
Council member carroll, for the record, objected again that he didn't like the City having
all that money In the state fund. It was moved by Council member Carroll and seconded
by Council member Bowman to 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
ORDINANCES (Second Readlnq):
It was moved by Councilmember Bowman and seconded by Council member Kerry to
order the following ordinance read by title only, title as follows and to adopt the
Ordinance Amending Section 23.4.A. "Landscaping Requirements," of Appendix I
"Zoning."
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CITY COUNCIL MINUTES
May 22,1995
ORDINANCE NO. 937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA AMENDING
SECTION 23.4.A. "LANDSCAPING REQUIREMENTS," OF APPENDIX I "ZONING" OF THE CODE
OF THE CITY OF CYPRESS TO BE CONSISTENT WITH LANDSCAPE REQUIREMENTS
CONTAINED IN OTHER CITY ORDINANCES AND IN CITY ADOPTED SPECIFIC PLANS.
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 Acting City Manager distributed to the Council a draft of the trash survey noting,
however, that a few cities have yet to respond to the survey.
Council member Carroll announced that the orange county Fire Authority presented him
with a plaque for the first call from the City of Cypress on March 1, 1995 and he
presented that plaque to the City.
CLOSED SESSION: Mayor Age recessed the meeting at 6:15 p.m. so the Council could enter
Into Closed Session to discuss those agendlzed matters of 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 Cases NO. 737801 and 744436. The
meeting reconvened at 7:30 p.m., with all Council members present. Also present were
Acting City Manager Bacock, City Attorney John cavanaugh and staff members
Chrlstoffels, Decarlo, Kelly, storey and WicKer.
PLEDGE OF ALLEGIANCE: The pledge was led by Council member Carroll.
Mayor Age announced that a donation was received for the D.A.R.E. program from st.
Irenaeus Church Home and School Association In the amount of $2,500.00. She also
mentioned that the D.A.R.E. graduation ceremonies will be starting tomorrow.
PRESENTATIONS:
Mayor Age presented a community Service Plaque to former Cultural Arts Commissioner
Eve Hadjinlan.
Ms. Penny Brown, Chairperson of the Cultural Arts commission, presented to Betty
Koester, the 1995 outstanding contribution to the Arts Award.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mayor Age mentioned the Budget worKshop held on May 16, 1995; and the Police
BanqUet and Awards ceremony held Friday night. The Chief advised that the Officer of
the Year was Ed Blsh; the employee of the year was Dispatcher cheryl sivlglia and
recognition for citizenship and contributions for the year were given to Penny Dash and
to the Ramada Inn Manager, RicK Gaede. A special award was given to the Police
Department employees for all their support by an employee who had a daughter born
with a birth defect.
Mayor Age advised that saturday night the Rotary Club had their annual "Evening of
Elegance." The "Miss Cypress" pageant was conducted Sunday night by the Chamber of
Commerce and was a very successful event and the new "Miss cypress" and her court will
be invited to a future Council meeting.
The Acting City Manager reported that the City Council did meet at 4:00 p.m. to conduct
oral interviews for the representative to the orange county Vector Control. He
reviewed discussions that took place during the joint meeting with the Cultural Arts
Commission and he then summarized those actions taKen by the Council at the 5:30 p.m.
session of the City Council meeting.
The City Attorney reviewed discussions held during the authorized Closed Session on the
Items stated on the Agenda. Those two Items were existing litigations of Citizens
Association for the Sensible Development of Warland center, also Known as the Warland
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CITY COUNCIL MINUTES
May 22, 1995
litigation and the Cypress Land Litigation, orange county Superior Court Cases No.
737801 and 744436.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
spoke.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-
4. REQUEST TO INSTALL TWO (2) FORTY (40l CUBIC YARD ROLL-OFF RECYCLING CONTAINERS.
CYPRESS CENTER WEST COMMERCIAL CENTER. NORTHEAST CORNER OF BALL ROAD AND
BLOOMFIELD STREET: Mayor Age opened the public hearing. The Acting City Manager
introduced the Planning Director who presented the staff report dated may 10, 1995.
The report indicated that staff had sent a letter to Alpha Beta requesting their
comments regarding this proposal and she read a letter Into the record from the Store
Manager of the Alpha Beta market, which Is In the City ClerK's office. The Department of
Conservation was contacted once again in order to obtain clarification on the issues
raised during the May 8,1995 Council meeting. The report listed options available to
Alpha Beta In order to meet the 60,000 container per month Handling Fee criteria
number. The City Council has the right to deny any recycling facility proposal which
they determine to be incompatible with the City. There are alternative facilities. Staff
verified this with the State and other recycling companies regarding the availability of
reverse vending machines and igloos.
Council member Carroll stated that he would like to hear from Alpha Beta and some of
the people in the Center. He made the motion, and Mayor Age seconded, to continue
this item to the meeting of June 12, 1995. Councilmember Kerry mentioned that the
applicant was In the audience. The Planning Director mentioned that the applicant had
some additional information. Mayor Age advised that the Council wanted to talK to the
Store Manager and until they hear from him, the Item will be continued and she called
for the question. Council member Jones agreed that it was important to have Input
from the people in the Center and since this was a pUblic hearing, the applicant should
be allowed to speak. The Planning Director clarified that this issue would be determined
by the Alpha Beta corporate Office. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Jones and Age
1 COUNCILMEMBERS: Kerry
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 83-2.
REQUEST TO ADD FIFTY (SOl VIDEO. REDEMPTION AND KIDDIE GAMES AT GORDY'S PIZZA
PARLOR. LOCATED IN THE CINNAMON SQUARE. 6191 BALL ROAD: The public hearing was
opened by Mayor Age. The Planning Director IntrOduced the staff report dated May 2,
1995, which explained that the applicant is requesting to remove pool tables from the
existing 4,800 square foot space and provide 50 video, redemption and kiddie games to
the existing Gordy'S Pizza Parlor located at 6191 Ball Road. This proposal will alter the
former operation of a pizza parlor with pool tables and dart games, to a family-oriented
business offering children's entertainment and pizza. There is sufficient parking for the
existing lease space. In accordance with the california Environmental Quality Act, a Class
1 categorical Exemption will be flied on this project. Notices of the public hearing were
mailed to property owners within a 300' foot radius and as of the drafting of this
report, staff has not received written or oral comment.
Responding to Council member Kerry's on disturbances in the parKing lot, the Planning
Director replied that the permit can be conditioned, but also there hadn't been
complaints for some time.
Mr. Sheikh waqar, 2039 W. 231st street, Torrance, explained that they are altering the
adult entertainment to a family-oriented atmosphere. They will be entertaining kids
between the ages of 6 and 11.
NO one wished to speaK in support of or opposition to the application.
It was moved by Councllmember Bowman and seconded by Council member Jones to
direct staff to close the public hearing, file the Notice of Exemption and adopt the
Resolution by title only, title as follows, approving Amendment to Conditional Use
Permit No. 83-2, subject to the conditions outlined In Exhibit "A".
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CITY COUNCIL MINUTES
May 22, 1995
RESOLUTION NO. 4485
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 83-2 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO LANDMARK TREES ORDINANCE NO.
517. REVISIONS TO CYPRESS CITY CODE SECTIONS 17-17 THROUGH 17-27. LANDMARK TREE
PERMIT REQUIREMENTS: The public hearing was declared open by Mayor Age. The Acting
City Manager asKed the Planning Director to summarize the staff report dated May 17,
1995, which Indicated that the existing LandmarK Trees Ordinance No. 517 contained
provisions for approval of permits related to designated landmarK trees located In the
City of Cypress. Certain terms are not applicable since a planning commission no longer
existed in the City of cypress. As a result, these permits have been presented to the City
Council for review and approval. The City Council recently directed staff to amend the
existing ordinance to facilitate the processing of landmark tree permits administratively.
Therefore, staff recommended the City Council approve the attached Amendment to
LandmarK Trees Ordinance NO. 517 adding provisions to allow the Planning Director, or
designee, to administratively approve permits regarding landmark trees. Notice of the
public hearing was published and posted In accordance with Section 65090 of the
California Government code. NO communication regarding this matter has been
received as of the date of this report.
Councilmember Carroll asKed if staff noticed the tree being slated for removal and If
there was an appeal process. He suggested that there be a ten day notice with an
appeal process either for or against the removal.
Council member Kerry asked that the LandmarK Tree map be updated.
Mayor Age requested that the trees be checKed where the proposed hotel will be.
Mayor Age asKed if anyone wished to speaK In support of or In opposition to the
amendment. No one did so.
Council member Bowman suggested that there be a 30 day posting and appeal
procedure.
It was moved by Council member Bowman and seconded by Council member Jones to
close the publiC hearing, direct staff to file a Notice of categorical Exemption, Class 8;
prepare an updated landmark tree map and tree listing; and approve the first reading
of the Ordinance by title only, title as follows, amending Sections 17-17 through 17-27 of
the City code, along with the addition of a 30 day notice for any tree removal, Including
emergency removals.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
SECTIONS 17-17 THROUGH 17-27 OF THE CODE OF THE CITY OF CYPRESS TO ALLOW
ADMINISTRATIVE APPROVAL BY THE PLANNING DIRECTOR OR DESIGNEE FOR ALL
PERMITS REGARDING LANDMARK TREES.
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 STATUS REPORT ON CYPRESS ACRES. AND APPROVAL OF
THE COOPERATIVE AGREEMENT FOR PHASE TWO OF THE CYPRESS ACRES IMPROVEMENT
PROJECT. PUBLIC WORKS PROJECT NO. 9131: The Acting City Manager asked the PUblic
WorKs Director to present the staff reports dated April 27 and May 15, 1995, which
provided the Council with the status of the four phase public Improvements to be
installed by the County of orange In the Cypress Acres annexation area. While the issue
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CITY COUNCIL MINUTES
May 22, 1995
of available funding has been one reason that the projects are taking longer than
originally anticipated, county staff had indicated that the primary delay had been In the
tedious process of right-of-way acquisition. The county Development Agency had
recently advised the City that they have completed all the necessary right-of-way
negotiations for Phase Two and asked that a cooperative Agreement be executed by
the City so the county may proceed with the project.
It was moved by Council member Bowman and seconded by Council member Kerry to:
1. Receive and file the staff report on Cypress Acres dated April 27, 1995.
2. Authorize the Mayor to execute the attached Cooperative Agreement allowing
the County to proceed with Phase Two of the Cypress Acres Improvement
project.
3. Find that the proposed improvements will benefit the NDAP project area.
4. Find that the Improvements will eliminate particular aspects of blight.
5. Find that the county's financing of the project with orange County Development
Agency funds is consistent with State law and that no other reasonable area of
financing Is available.
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 DISCUSSION OF FUTURE DEVELOPMENT OF THE
PROPERTY LOCATED IN THE CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN.
BOUNDED BY CERRITOS AVENUE TO THE NORTH. WALKER STREET TO THE EAST. KATELLA
AVENUE TO THE SOUTH. AND DENNI STREET/LEXINGTON DRIVE TO THE WEST: Councllmember
Carroll had asked that this item be placed on the Agenda. Mayor Age asked the City
Attorney for guidance on any discussion. The City Attorney suggested the Council have
a general discussion on some of the concerns and Ideas that they may have with some
direction given to staff on Issues for clarification. Council member Carroll asked to Know
more about the property before speCific requirements or requests are given. He asked
several questions of staff and recommended they be prepared to answer questions If
any specific action tooK place. The Planning Director Identified one of the issues as the
Specific Plan and the consistency of the cumulative uses with the goals and policies of
the Specific Plan. Staff would need direction to determine if the specific Plan or the
zoning ordinance would need an amendment and if it is consistent economically with
the redevelopment plan and Its assumptions. Councllmember Jones stated she would
prefer to have more information sooner and undertaKe an analysis at this point.
Responding to the Planning Director, the City Attorney suggested that staff present a
report to the Council on that specific Plan area with options and concerns, then have a
worKshop to begin implementation of any policies.
Council member Bowman commented that the applicants need to come forward with a
proposal before the Council reacts. Any use other than approved In the Specific Plan
will have to be studied. Councilmember Kerry mentioned that the financial data could
be determined because It is in a redevelopment area. The City Attorney remarKed that
traditionally an application is presented, the process Is triggered and studies are made.
The Planning Director would advise the applicant that the direction given by Council is
to file a project specific application and, based on the application, staff would present
to Council the alternatives or the Implications as It relates to the speCific Plan, the
General Plan and then receive further direction from Council If further stUdy was
warranted. At that point, the applicant would be paying for the study because it
related to their approval. The Finance Director would be preparing a financial analysis.
CONSIDERATION OF ORANGE COUNTY 800 MHz POLICE/PUBLIC WORKS RADIO SYSTEM
ACQUISITION AND JOINT POWERS AGREEMENT: The Acting City Manager advised that the
Police Chief will be presenting the report. An 11 minute video on the 800 MHz project
was shown in an attempt to provide a clear understanding of what the project Involved.
The staff report dated May 10, 1995 was summarized by the Chief which described the
system and outlined the specific recommendations Including the execution of the 800
MHz Countywide Coordinated Communications system Joint Powers Authority
9
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4'41
CITY COUNCIL MINUTES
May 22,1995
Agreement, designation of a member of the City Council as City representative on the
800 MHz Joint Powers Agreement UPAI Executive Board and approval of a tentative
desire to Include purchase of PUblic WorKs radio equipment In the contract. The Chief
noted that cypress' total cost of $1,285,375.00 as outlined In the report has been
reduced to $1,086,561 as of today with the elimination of the mobile data terminals.
Mayor Age asked that Item NO.2 of the recommendation be voted on separately.
It was moved by Council member Kerry and seconded by Councilmember Jones to
execute the 800 MHZ Countywide Coordinated Communications System Joint powers
Authority Agreement, SUbject to review by the City Attorney and approve a tentative
desire to maKe purchase of radio equipment for the PUblic Works Department. 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
Council member Jones nominated and Council member Bowman seconded the
nomination of Councilmember Carroll to act as the City of cypress' designated
representative on the 800 MHz JPA Executive Board, with Mayor Age acting as alternate.
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 RECOMMENDATION FROM THE CATV COMMISSION REGARDING ADDING CAL-
SPAN TO A PEG CHANNEL: The Acting City Manager reviewed the staff report dated May
17,1995, In which the CATV Commission recommended adding the California Channel to
the PEG channel programming. At the Commission meeting, CATV Commissioner Glass
Indicated that he would be writing a minority opinion as to the reasons the City Council
should not approve the recommendation. The Acting City Manager then read into the
record the additional language to the recommendation submitted by the Cable
Television Consultant, "BY approving the recommendation of the CATV Commission to
add the California Channel to the public, Educational and Government Channels and to
allow the community Bulletin Board to be aired part-time on Channels 53 and 57, the
City is not granting to the operator any permanent use of any channel which has been
designated a PEG Channel, Is allowing temporary use thereof and the City reserves the
right to terminate this agreement and to require the cable operator to revert to
providing the community Bulletin Board and the PUblic Access Channel upon stand
alone channels upon 30 days written notice to the cable operator."
Council member Jones stated that for the small cost of $250, It will provide access to
State affairs.
CATV Commissioner Glass stated that the City was continually adding programming and
continually spending money without surveying the cable television subscribers. Right
now, the City does not Know what PEG programming is being watched by the citizens
because they haven.t been asKed. A survey needs to be done and, based on results,
added to an in-depth study of what is being aired and what needs to be changed.
Council member Carroll agreed that a survey probably should be performed but how
could it be done in an economical manner. Mayor Age advised that during the joint
meeting, the Council had suggested tapping Into the copley/Colony surveyor billing to
cut costs.
Commissioner Glass stated that one bid on performing a survey had been received, but
one bid was not enough and the Commission is worKing on a survey method now.
Commissioner Martin reported that a mail survey of the subscribers could be conducted
through Copley/Colony. previous copley/colony studies indicate that 5% of the
subscribers watch PEG channels. A mail survey will not provide the statistical validity
that a telephone survey could but would give a response within a 5 or 6% error range,
which would be satisfactory for their purposes. Secondly, the Council had approved a
policy guide for the non-City use of PEG channels. If the recommendation is approved,
the possibilities of getting a non-City use of a PEG channel are reduced, so he supported
Commissioner Glass in his opposition. He asKed that the recommendation be returned
to the CATV Commission for further work.
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442
CITY COUNCIL MINUTES
May 22, 1995
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
approve the recommendation of the CATV Commission to add the california Channel
(cal-spanl to the Public Education and Government Channels, Including the additional
language previously cited. Councilmember Carroll expressed his appreciation to
Commissioner Glass for submitting a minority 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 PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND
THE CITY OF CYPRESS: The Acting City Manager Introduced the Finance Director who
presented the staff report dated May 10, 1995, which Indicated that each year the
Redevelopment Agency submitted a Statement of Indebtedness to the County from
which tax increments are distributed to the Agency. He noted that the amount of
$3,050,000 as indicated In the recommendation should be $3,100,000. On June 15, 1995,
three promissory notes will mature and based on Agency needs, staff feels that the
notes should be reissued for an additional year In the amount of $3,100,000.
RECESS: At 9:35 p.m., Mayor Age recessed the meeting and reconvened at 9:40 p.m. with
all Councilmembers present.
Regarding Item NO. 29, the promissory Notes between the Cypress Redevelopment
Agency and the City of cypress, Mayor Age requested that the Finance Director continue
the discussion.
It was moved by Councllmember Bowman and seconded by Council member Kerry to
authorize City Staff to execute the Repayment Agreement and the three promissory
Notes in the amount of $3,100,000 with the Redevelopment Agency with the repayment
by the Agency to be made from future tax Increments or other sources from the
project areas. 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 COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 15237 -15478: It was
moved by Councilmember Bowman and seconded by Councilmember Carroll to approve
the warrants NO. 15237 through 15478 in the amount of $1,217,467.12. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 9:45 p.m. to allow the Council to act as the
Redevelopment Agency. The meeting reconvened at 10:00 p.m. with all
Councilmembers present.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councllmember Jones referred to a letter she received from Mrs. Trautman on Walker
Street asking about the possibility of rezoning his property. The Planning Director is
combining all the information received and will provide a memo to the Council.
Council member Jones asked the Chief what door-to-door solicitors needed to provide
and the Chief responded that they need to have a copy of the permit Issued to their
organization.
Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress complained about the lack of
maintenance of the City's parks. She has talked to the PUblic Works Director and the
Maintenance Superintendent and it doesn't get better and she asked that the
privatization be stopped and let the City take over.
Mayor Age asked the Public WorKs Director to visit each City parK and provide Council
with a written report on the maintenance and care.
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CITY COUNCIL MINUTES
May 22,1995
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Age adjourned the meeting at 10:10 p.m.
~~~ ~ ~
(MAYOR OF THE CI OF RESS
ATTEST:
C1TY'cftM~~PRE"
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