Minutes 95-06-12
444
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 12, 1995
The Regular Meeting or the Cypress City Council was called to order at 5:36 p.m.,
Monday, June 12, 1995, In the Council Chamber, 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 BacocK, Chrlstoffels, Davis, DeCarlo, Kelly and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one spoKe.
CONSIDERATION OF AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF GRAHAM
STREET. SOUTH OF ORANGE AVENUE. AND OAK KNOLL PARK/SOUTH PARKING LOT. PUBLIC
WORKS PROJECT NO. 9510: The City Manager asked the Public Works Director to present
the staff report dated June 1, 1995, which enumerated the four bids received for the
pavement rehabilitation of Graham Street, south of orange Avenue and Oak Knoll
Park/south parking lot.
It was moved by Council member Bowman and seconded by Councilmember Kerry to:
1. Determine that the lowest responsible bidder for Public WorKs project No. 9510
to be Excel paving company; and
2. Award a contract for the Pavement Rehabilitation of Graham Street, south of
orange Avenue and Oak Knoll Park/south parking lot to excel paving Company,
2230 Lemon Avenue, Long Beach, California 90806, In the amount of $70,103.44
(award amount of $63,730.40 plus 10% contingency).
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.
Council member carroll requested that Items NO.8 and 12, Claim filed by Naka Asano and
Approval of City Engineer'S Report for Cypress corporate center Landscape Maintenance
District NO.1 and Declaration to Renew, respectively, be removed. Council member
Jones asKed that the Minutes of May 16,1995 be pulled.
It was moved by Council member Kerry and seconded by Councllmember Jones to
approve the Consent Calendar Items NO.2 throUgh 18 with the exception of the Minutes
of May 16, 1995 and Items 8 and 12. The motion unanimously carried by the following
roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMI'lERS' Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.2: Motion to Approve City Council Minutes of May 22, 1995.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
May 22, 1995, as submitted.
Item NO.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item NO.4: Consideration of an Application for an original Alcoholic Beverage License
Flied by Ahmed Munawar, D.B.A. Montes MarKet, 5491 Ball Road, HB, Cypress.
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CITY COUNCIL MINUTES
June 12, 1995
Recommendation: That the City Council receive and file this application, contingent
upon the approval/disapproval by the City Council of Conditional use permit No. 95-10.
Item No, 5: Consideration of an Application for Alcoholic Beverage License Transfer Flied
bv Raul Alfredo Lomeli, D.B.A. Lomeli's Italian Restaurant, 9515 valley View street, Cypress.
Recommendation: Receive and file.
Item NO.6: Consideration of an Application for Alcoholic Beverage License Transfer filed
bv Ashok R. Shah, Glrlsh M. and Shobha G. Mehta, D.B.A. Sunshine Liquor and Dell, Inc.,
6928-32 Katella Avenue, Cypress.
Recommendation: Receive and file.
Item NO.7: Consideration of Authorization to Attend the League of California Cities'
Mayors and Council Members Executive Forum, Mayors and Council Members Leadership
Seminar, and the Elected Officials Redevelopment Seminar.
Recommendation: That the City Council authorize any Interested Council Members to
attend the Mayors' and Council Members Executive Forum, the Mayors and Council
Members Leadership Seminar, and the Elected Officials Redevelopment seminar, to be
held concurrently on July 26 - 29, 1995, in Monterey, and be reimbursed for all actual
and necessary expenses Incurred.
Item NO.9: Consideration of Design Review Committee's Approval of DRC 69S-21, 695-27,
695-28, and Amendment to DRC 694-5.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, approving Design Review Committee Permits 695-21, 695-27, 695-28 and
Amendment to DRC 694-5 - with conditions:
RESOLUTION NO. 4486
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-21 - WITH CONDITIONS.
RESOLUTION NO. 4487
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 95-27 - WITH CONDITIONS.
RESOLUTION NO. 4488
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 95-28 - WITH CONDITIONS.
RESOLUTION NO. 4489
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
AMENDMENT TO DESIGN REVIEW COMMITTEE NO 94-5 - WITH CONDITIONS.
Item No. 10: Consideration of Appropriation of $13,000 From the Unreserved Fund
Balance of the Traffic Mitigation Assessment Fund for the Purchase of Replacement
Traffic Counters and Related Computer EqUipment.
Recommendation: That the City Council authorize the transfer of $13,000 from the
unreserved fund balance of the Traffic Mitigation Assessment Fund to the General Fund
and authorize the appropriation of $13,000 In Account NO. 4113-11-264-07 (Small
Equipment - Traffic safety General Fund) for the purchase of replacement traffic
counters and related computer equipment.
Item NO. 11: Consideration of Acceptance of. Pavement Rehabilitation of Cerritos Avenue
From valley View Street to walKer Street, PUblic Works Project NO. 9303.
Recommendation: That the City CounCil: 1) Accept the worK of the Pavement
Rehabilitation of Cerritos Avenue from valley View street to Walker street, Public Works
project No. 9303, as being satisfactorily completed; 21 Approve the final retention
payment to the R.J. Noble Company, 15505 Lincoln Avenue, orange, CA 92666, 35 days
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CITY COUNCIL MINUTES
June 12, 1995
after the Notice of completion Is flied; and 3) Authorize the City Clerk to release the
Labor and Materials Bond upon expiration of the required lien period, If no claims or
objections have been flied, and to release the Faithful Performance Bond upon the
expiration of one year's guarantee upon concurrence of the Director of Public Works.
Item No. 13: Consideration of Legislation and Other Issues for City Council Support or
opposition.
Recommendation: That the City Council authorize support of the League of California
Cities' position on H.R. 1555, as "Marked UP," relating to Telecommunications Reform.
Item No. 14: Consideration of Authorization for the Issuance of a Permit for the City of
HawaIIan Gardens to Install a Monument sign on Carson Avenue Within City Limits.
Recommendation: That the City Council authorize staff to issue a permit to the City of
Hawaiian Gardens for the installation of a monument sign within Cypress City limits In
the median of carson Avenue, just west of coyote Creek at Bloomfield Street.
Item No. 15: Consideration of Animal Control services Contract.
Recommendation: That the City Council approve the 1995/96 Agreement for Animal
Control and Shelter services with the County of orange and authorize the Mayor to sign
and the City Clerk to attest the Agreement, subject to the approval of the City Attorney.
Item No. 16: Consideration of Professional services for Administration Department and
Consideration of Amendment for Solid Waste Management services Among the Cities of
cypress, La palma, LOS Alamltos and Seal Beach.
Recommendation: That the City CounCil: 1) Authorize the City Manager to extend the
Professional Services Agreement for one (1) year, beginning July 1,1995; and 2)
Authorize the Mayor and City Clerk to execute the renewal amendments from the cities
of La palma, Los Alamltos, and seal Beach, regarding the extension of the Solid Waste
Management services Agreement for the renewal period of July 1,1995 through June
30, 1996.
Item No. 17: Consideration of Extension of Conditional Use Permit No. 94-8, Contractors
storage Yard, 8911 Electric Street.
Recommendation: That the City Council approve the extension of Conditional Use
permit No. 94-8 for a six (6) month periOd, to expire on November 23, 1995.
Recreation & Park District Matters:
Item No. 18: Consideration of Senior Citizens Nutrition Transportation Agreement.
Recommendation: That the City council, acting as the ex-officio Board of Directors of
the Cypress Recreation and ParK District, approve the Transportation Agreement with
the orange county Transportation Authority for the 1995-96 Fiscal Year, at a cost not to
exceed $8,191, payable to OCTA for the performance of the Agreement.
END OF CONSENT CALENDAR
With regard to the Minutes of May 16, 1995, Councllmember Jones asked those Minutes
reflect that the Council requested staff to seeK bids for processing the City payroll.
Mayor Age said that it was part of the budget session and the Minutes should be
amended to reflect that. It was moved by Council member Jones and seconded by
Councilmember Kerry to approve the Minutes of May 16,1995, 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
Regarding Item No.8, Consideration of Claim Flied by Naka Asano, Councllmember Carroll
asked what the constraints were on settlements and If staff reviewed the damage to
the sewer line. The Public Works Director explained that If the damage is caused by the
City'S lack Of maintenance or Inattention, the City is liable, except for special
circumstances. However, with each Incident, the cause is reviewed and a determination
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CITY COUNCIL MINUTES
June 12, 1995
of liability made. It was moved by Council member carroll and seconded by
Council member Kerry 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
In regard to Item No. 12, Consideration of Approval of City Engineer'S Report for Cypress
corporate Center Landscape Maintenance District NO.1 and Declaration of Intention to
Order the Renewal of said Maintenance District NO.1 for Fiscal Year 1995-96, City of
Cypress project NO. 8615-90, the PUblic Works Director responded to Councilmember
carroll's request for an explanation of the costs referred to in SChedule D. It was moved
by Council member Carroll and seconded by Councilmember Jones to: 1) adopt the
Resolution by title onlY, title as fOllows, approving the City Engineer'S Report, dated
June 1, 1995, for Cypress Corporate Center Landscape Maintenance District No.1; and 2)
Adopt the Resolution by title only, title as follows, declaring Council's Intention to order
the renewal of Cypress corporate Center Landscape Maintenance District NO.1 for Fiscal
Year 1995-96, and setting a Public Hearing on July 10, 1995, pursuant to the Landscaping
and Lighting Act of 1972.
RESOLUTION NO. 4490
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING
THE CITY ENGINEER'S REPORT, DATED JUNE 1, 1995, FOR CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 1995-96.
RESOLUTION NO. 4491
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING
ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE
MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 1995-96, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO.
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 Readinq):
It was moved by Council member Kerry and seconded by Councilmember Bowman to
order the following ordinance read by title only, title as follows, and to adopt the
Ordinance amending Section 17-17 through 17-27 of the Code.
ORDINANCE NO. 938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
SECTION 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
CLOSED SESSION: Mayor Age recessed the meeting at 5:47 p.m. to enable the Council to
enter Into Closed Session to hold Conferences with Legal Counsel on those agendized
Items of: existing litigations (Government Code Section 54956.9(a) with the Citizens
Association for the Sensible Development of Warland center, orange county Superior
Court case No. 744436; application for disability retirement, Matthew Robinson; and
Workers compensation Appeals Board case NO. VNO 0305867, Christopher LaCascla.
Anticipated litigation (Government Code Section 54956.9(b) of FranK A. Hilberath,
WorKers Compensation compromise and Release case No. 88-11-32-3310 and Liability
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CITY COUNCIL MINUTES
June 12, 1995
Claim (Government Code section 54956.95) Heather Lynne Hughes vs. City of Cypress.
The meeting reconvened at 7:30 p.m. with all Councllmembers present. Also present
were staff members BacocK, Chrlstoffels, Decarlo, Kelly and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The Pledge was led by Councllmember Kerry.
The City Manager summarized the actions taken by the City Council during the 5:30
portion of the Council meeting.
The City Attorney reviewed discussions held during Closed session on those five
agendized Items on three existing litigations, an anticipated litigation and a liability
claim.
PRESENTATIONS:
Mayor Age read and presented a Mayor's Proclamation to the Cypress Pop Warner
Football and Cheerleaders for Academic AChievements, which was accepted by Karen
Tufnell.
Three retiring teachers from the Cypress SChool District were recognized by Mayor Age
and the City Council for their many years of service to the City's schools. Messrs. wayne
Collins, James B. owen and Lawrence B. spaulding thanked the Council and some of the
Council members provided personal comments.
Mayor Age asked that the gate fee Increase Imposed by the county be explained and a
written message to customers be mailed along with the trash bill. The City Manager
advised that the direct cost increase from the County for landfill would be passed
through to the City by the franchisee. He also advised Council and the residents that
they will be informed of the cost Increase per household by the next meeting.
Mayor Age explained that Assembly speaker Allen's trip to Cypress was paid for solely by
private enterprise. She asked for a motion to add Item No. 34 to the Agenda, which
would be approval for the Mayor to attend a meeting with SpeaKer Allen to ask the
people in her District what Is needed. It was moved by Councllmember Jones and
seconded by Council member Kerry to add Item NO. 34 to the Agenda. 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
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Ms. Jane WozniaK, 4480 Avenlda Granada, cYpress, asked about the So Cal Edison
Company requesting taxpayers to pay for an abandoned transmission line project and
asked how such a request could be granted. She Inquired about the increase in water
rates over the next few years. The City Manager advised that the full file on the water
rates Is available in the City ClerK's office and Is based on a number of capital
improvements that need completion.
Mrs. Mary Crowder, 6881 Reef ton Avenue, Cypress, said that when the parks begin to
deteriorate, housing tracts are next and she mentioned Lincoln Avenue.
Mr. Bob Pepper, 6223 Trinidad Avenue, Cypress, referred to the decision made by Judge
Firmat, remarKs he made from the bench In favor of the citizens and why he ruled
against them. He described the Shaw warehouse and their operations.
The CItY Attorney responded that the judge did rule that the citizens failed to exhaust
their administrative remedies, there was a rejection of the petitioners' Writ of Mandate
and the City won.
Responding to Councllmember Bowman, the City Attorney replied that the trip
generation that the CUP granted was within the bOunds of the specific plan and if the
trip generations are exceeded, a review or amendment of the CUP will be triggered.
The City Attorney then explained some of the reasons for the decision.
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CITY COUNCIL MINUTES
June 12, 1995
Mr. Alan BUCK, 6073 Nauru street, Cypress, stated that he had two pages of typed
material that he wanted entered Into the record and he then paraphrased the contents.
He was prepared to help the City Attorney pinpoint all the flagrant violations of the law,
put tOgether the criminal charges and file them against Warland and their
subcontractors. If the City does not want to get involved In filing the criminal charges,
then somebody else should be found to prosecute the criminals and the City Council
listed as co-conspirators.
Mr. Bob sundwall, 5486 Vista Sierra, Cypress, said he wholeheartedly supported speaker
Doris Allen and the Cypress City Council.
Ms. Kathy Simcox, 6143 Trinidad Avenue, Cypress, commented that the recall petitions
for Mayor Age and Council member Kerry have been turned in and they are working on
collecting signatures for Council member Bowman. She mentioned that the Briggeman
contract stili hasn't been signed and it was approved over two months ago.
Mr. Tony smith, 6033 Trinidad Avenue, Cypress, expressed concern about allowing Shaw
Industries to operate a 24 hour truck warehouse business in Cypress. He said he has
read In the Wall St. Journal that Shaw Is the subject of a Department of Justice
investigation for price fixing. The City Council approved a $3 million Kickback of tax
dollars to Induce this business into Cypress and the estimate of sales tax revenue has
never been substantiated. Shaw Industries Is not welcome In Cypress and requested the
City Council schedule an Agenda item to Investigate Shaw Industries' questionable
business practices, to demand substantiation of these estimated sales tax revenues and
to reconsider the conditional use permit for their proposed 24 hour truck distribution
warehouse In Cypress.
Mr. Ted Hill, 10001 st Vincent Circle, Cypress, expressed his opposition to the recall and
he believed there were many citizens who were also opposed to the recall. He asked
Councilmember Carroll and Jones to express their position on the recall.
Mr. Don wesllng, 11431 Anegada street, Cypress, advised that they had a copy of Judge
Flrmat's decision and he offered to make it available to Interested persons. He then
asked for monetary consideration to senior citizens because they don't generate the
same amount of trash as families and shouldn't be charged as much.
Ms. Karen Tufnell, 9881 spruce court, Cypress, said she objected to having a recall
election cost put back on her shoulders. There Is a process in place and when there is
another election, if there Is a difference of opinion that is the time to exercise the
process. She also said she was somewhat offended by the hugh homemade signs on
Valley View and she thought there was a sign ordinance.
Mayor Age reported that It looKed liKe the election would cost about $70,000.
Mr. Loren Van Tuyl, 9542 Margaret street, Cypress, advised the people of Cypress that
they have just seen the candidates that will be on the recall ballot. The candidates are
speaking before the Council for recognition and playing politics.
Council member Bowman asked for two items to be clarified. One was the sales tax
revenue verification and the City Manager reported that the City did verify the sales tax
revenue amount but are not at liberty by direction of State law to give out confidential
information but it is In excess of the amounts quoted. The other item mentioned was
the $3 million kickback and the City Manager explained the reimbursement for the
street Improvements, which was part of a development agreement. The $3 million paid
by the City would be passed on as a rental benefit to Shaw Industries and the guarantee
is that if the sales tax revenues over the ten year periOd of the lease do not meet the $3
million, the cost will not be borne by the City.
Councllmember Carroll remarked that his number is In the phone booK and citizens can
call him directly.
Council member Jones advised that during the campaign the question of supporting the
Shaw warehouse came up during a public forum and, at that time, all candidates
indicated they would support the project. She could not make a decision on something
that happened before she became a member of the Council nor could she tell the
citizens how she would vote In the future until a project was before her.
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CITY COUNCIL MINUTES
June 12, 1995
Councilmember Kerry said the issue of the sign ordinance had been raised and she
suggested that It be reviewed. Mayor Age directed the City Attorney to review the
code.
Council member Kerry mentioned Doris Allen's election to speaker of the Assembly. Ms.
Allen has always been very sensitive to the Issues in her District and she has represented
Cypress well for many years. Council member Kerry proposed that a resolution from the
Council be taKen to her congratulating her on her accomplishment, wishing her well as
speaker and encouraging her to do what Is best for the citizens of the state of
california.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
wished to speaK.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-
4. REQUEST TO INSTALL TWO (2) FORTY (40) CUBIC YARD ROLL-OFF RECYCLING CONTAINERS.
CYPRESS CENTER WEST COMMERCIAL CENTER, NORTHEAST CORNER OF BALL ROAD AND
BLOOMFIELD STREET: Mayor Age referenced the staff report dated June 5, 1995 to which
was attached a request to withdraw Conditional Use permit No. 95-4.
It was moved by Councllmember Bowman and seconded by Council member Jones to
accept the request for withdrawal of Conditional use permit No. 95-4, a request to install
two 40 cubic yard recycling containers. 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: CONDITIONAL USE PERMIT NO. 95-10. CONVENIENCE
STORE WITH OFF SALE BEER AND WINE, 5491-B BALL ROAD. CYPRESS: Mayor Age referred to
the staff report dated June 5, 1995, which asKed for a continuance to acquire the
additional information necessary In order to complete the analysis of the proposed
convenience store.
It was moved by Council member Bowman and seconded by Councllmember Jones to
continue consideration of Conditional Use permit No. 95-10 to the meeting of July 10,
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 PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT - VIA MARIA. INC.. 9969
WALKER STREET, CYPRESS: Mayor Age opened the publiC hearing. The City Manager
presented the staff report dated June 7, 1995, which indicated an application had been
submitted for a Live Entertainment Permit by Mr. Fred Kuebler, dba Via Maria
Restaurant, 9969 WalKer Street, Cypress, CA 90630, to allow a variety of entertainment
Including a four to five piece band, DJ, Karaoke, Mariachis and occasional special shows
between the hours of 8:00 p.m. to 1:30 a.m. dally. The applicant was present to clarify
the type of entertainment proposed and to answer any questions. The Affidavits of
posting, PUblication and Mailing of the Public Hearing Notices on this matter are on file
In the Office of the City Clerk. A letter was received from Mr. C. H. Vanderhyde opposing
the permit. A telephone message was received from Mr. Clyde Timmerman protesting
the granting of the permit. The Chief of police had completed an Investigation of the
applicant and the proposed type of entertainment. pursuant to Section 9-8 of the
Cypress City Code, the City Council may issue or deny the permit upon a determination
as to whether or not the operation of the trade, occupation or business by the
applicant and the live entertainment will comport with the peace, health, safety,
convenience, good morals and general welfare of the public. The Council had previously
established the condition for all live entertainment permits reserving the right to
reconsider the granting of the entertainment permit In the event the noise or other
problems associated with the operation is of concern to the neighbors. The Council
may Impose any other conditions which they feel are required under the provisions of
this Section.
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CITY COUNCIL MINUTES
June 12, 1995
Mr. Gary Rogers, the applicant, 5483 cajon Avenue, Buena ParK, said he intended to
continue to do business as usual. They have live entertainment two nights a week,
Karaoke two nights a week and a DJ two nights a weeK.
The City Manager explained that the business has had a live entertainment permit but
they are changing ownership and the live entertainment permit goes with the owners.
For clarification, the two items that differ from the previous apPlication are the
addition of sports club and special shows. Council member Kerry mentioned that a letter
was also received June 8 from Mr. Katakode who was concerned about the Issuance of
the permit. She also mentioned that the neighbors Immediately west of the business
were disturbed by noise from the parking lot during the late hours.
Mr. Rogers reported that he had been talKing to his neighbors to see what he can do to
keep the noise down. Responding to the Mayor, Mr. Rogers replied that he has four
security guards on the premises during the weeKend. The Police Chief reported on the
calls for service during the last four months all for misdemeanors offenses.
Councllmember Jones asked if a special permit could be required for the special shows
In addition to the live entertainment permit. The City Manager replied In the
affirmative, up to five shows a year and the hours of live entertainment could be
limited.
After some additional questions from the council, Mayor Age asKed If anyone wished to
speaK In support of the application.
Mr. Nick Eighmy, cypress, stated that he patronized the establishment. The owners do
care about their neighbors and are very concerned about the noise.
She asked if anyone wished to speaK in opposition to the application.
Mr. Michael Chavez, 9946 Barcelona Lane, cypress, stated that the noise problem seemed
to be on the weekends, Friday and saturday nights between the hours of midnight and
1:30 a.m. in the parKing lot. He said that the situation has gotten somewhat better since
Mr. Rogers has taken over but didn't like the Idea of live entertainment seven nights a
week and hoped the Council would see his point.
Mr. Scott strom, 10011 St. Agnes Circle, Cypress, commented that they do like the
restaurant but notice the noise problem principally on Friday and saturday nights. He
didn't want to see Via Maria'S business damaged but would welcome a method to
contain the noise and it is a problem.
NO one else wished to speaK In support of or in opposition to the application.
Mr. Rogers advised that they have had live entertainment seven nights a weeK for the
last five years and he would be more than willing to meet with the neighbors to work
out a beneficial arrangement.
There was discussion about designating certain spaces on the west side as "emplOyee
only" parKing with enforcement, hours of operation, locKed trash enclosures. The
Planning Director advised that there was a section In the City code called a "special
entertainment" permit which is for special shOWS, is a hearing before the City Council
and allows five shows per year.
After some additional conversation, Council member Kerry stated the permit be granted
for one year only, the applicant appears to be working with the neighbors and security
guards are on the premises on the weekends. The City Attorney mentioned that the
application requested a one year permit; however, the code specifically states that
when a live entertainment permit Is granted It is for an Indefinite period of time unless
revoKed or suspended.
After some discussion, it was moved by Council member Kerry and seconded by
Council member Bowman to close the public hearing, conditionally approve the permit
for a one year period, provide "employee parKing only" on the west side of the parKing
lot, provide locKed trash containers and eliminate the request for "special shows
periodically" as stated on the application. The motion unanimously carried by the
following roll call vote:
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CITY COUNCIL MINUTES
June 12, 1995
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF TEMPORARY USE PERMIT NO. 95-17. TEMPORARY INSTALLATION OF AN
OFFICE TRAILER. PAPA'S TIRE AND AUTOMOTIVE SERVICE, 6189 LINCOLN AVENUE. CYPRESS:
The City Manager asked the Planning Director to present the staff report dated June 5,
1995, which represented a request for the temporary placement of an office trailer
during the tenant Improvement of the existing structure. This project is located at 6182
Lincoln Avenue at the site formerly Known as Crew Tire. On April 24, 1995, City Council
approved Conditional Use Permit No. 95-6 for the establishment of an automotive repair
business in conjunction with an emergency tow service. Because this request deviates
from the typical need for a construction trailer onsite, that of new construction, staff is
proposing to limit the maximum length of approval to 90 days. Additionally, staff
requests that a bond be required for the removal of the office trailer at the end of the
90 day period.
It was moved by Council member Carroll and seconded by Council member Kerry to
adopt the Resolution by title only, title as follows, approving Temporary use Permit No.
95-17, subject to conditions In Exhibit "A."
RESOLUTION NO. 4492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TEMPORARY
USE PERMIT NO. 95-17 - 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
Responding to a question asKed previously by Councilmember Jones, the Planning
Director reported that Condition No. 19 on the original request stated that, "The
Conditional Use Permit 95-6 shall lapse and become void one year following the date on
which it became effective unless prior to expiration, a business license Issued, conditions
of approval are satisfied and the business commences operation." However, most of
the conditions have to be complied with immediately.
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 95-24. SIX (6) NEW HOUSE PLANS. TRACT
NOS. 13228. 14157 AND PART OF 14156, SORRENTO RESIDENTIAL PLANNED COMMUNITY.
NORTHEAST OF BALL ROAD AND DENNI STREET: The City Manager requested the Planning
Director summarize the staff report dated June 7, 1995, in which the applicant, cypress
Homes, Inc. was requesting approval of six new house plans as part of the Sorrento
Residential Planned community. The proposed plans are in compliance with all
development codes and standards set forth In the Cypress zoning Ordinance and the
Sorrento specific Plan and EIR. No change to the underlying tract maps is either
necessary or proposed as part of this project. Additionally, the proposed project Is
considered to be environmentally exempt, In accordance with the California
Environmental Quality ACt. The Design Review Committee approved the design of the
proposed house plans on June 1, 1995. Representatives MOlly wittenberg and Mike
Stewart were present for Cypress Homes, Inc.
Ms. Molly wittenberg, Cypress Homes, Inc., 14 corporate Plaza, Newport Beach, are
adding a new product line where the buyers can choose the lot, house plan, elevation
and color scheme. The result will be more of a choice as to what the buyer's home will
look like and to increase the momentum on the project.
Some Of the Councilmembers offered their comments on the current project.
It was moved by Council member Kerry and seconded by Councllmember Bowman to
adopt the Resolution by title only, title as fOllOWS, approving Design Review Committee
Permit No. 95-24, subject to conditions in Exhibit "A."
RESOLUTION NO. 4493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-24 - WITH CONDITIONS.
9
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CITY COUNCIL MINUTES
June 12, 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 DESIGN REVIEW COMMITTEE NO. 95-26, ILLUMINATED CANOPY FOR
MCDONALD'S PLAYLAND, 10115 VALLEY VIEW STREET: The Planning Director passed along
to the Council some colored samples that had been provided by the applicant to
completely Identify the request. The staff report dated May 30,1995 requested
approval to Install a 300 square foot internally Illuminated canopy over the outdoor
seating area In the McDonald's playland area located at 10115 valley View Street. As part
of the application, staff requested Council POlicy direction on internally Illuminated
canopies In Commercial zones. In accordance with the California Environmental Quality
Act, this project has been determined to be categorically exempt, Class 3. The proposed
canopy will consist of a bright red vinyl top with bright yellow accent bands or valances
at the midpoint and along the bottom edge of the canopy. Under the canopy are four
8' long fluorescent fixtures and one 4' long fluorescent fixture located under the
bottom canopy area. The canopy is proposed to be illuminated during the evening
hours and turned off at 11 p.m.
Because this request represented the first internally illuminated canopy In the City of
Cypress, the Design Review Committee recommended that this item be brought to the
City Council for policy direction on this as well as future requests.
Council member Kerry will abstain on the specific Issue of McDonald's vote because she
has done business with them. She will enter Into the discussion on the POliCY decision
and she excused herself from the podium.
Mr. pat porter, Elde Industries, 16215 piuma Avenue, cerrltos, reported that there are
some Illuminated canopies In the area and the primary concern for lighting Is for the
patrons. There would be no problem In turning the canopy lights off at 11 p.m. or
earlier. He felt that this red and yellow canopy would be an aesthetically pleasing
element to the community. The safety lights are completely enclosed and the primary
objective is to illuminate the seating.
Ms. Isabel Villasenor, owner of the McDonald's in Cypress, said the issue of the awning
came up because of the heat and the purpose is to cover the seating area, not the
Playland.
After some discussion with the Planning Director, the Mayor asked if the owner would
consider some other colors for the awning and she replied In the affirmative.
Council member Bowman commented that the choice of colors should be left up to the
owner and the owners of the center and the Illumination was the only thing he was
concerned with, which wouldn't include the color.
Ms. Villasenor said she could use the muted colors for the canopy and the yellow for the
arches.
The Planning Director asKed for clarification of which colors would be replacing the red
and yellow. Mr. porter stated that the red will be replaced with color NO. 608, the
yellow valance will be replaced with color NO. 611 and the arches will remain the
McDonald's yellow.
It was moved by Councllmember Bowman and seconded by Council member Jones to
adopt the Resolution by title only, title as follows, approving Design Review Committee
NO. 95-26 for the internally illuminated canopy, subject to conditions.
RESOLUTION NO. 4494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN
REVIEW COMMITTEE NO. 95-26 - WITH CONDITIONS.
The motion carried with the following roll call vote:
10
-
454
CITY COUNCIL MINUTES
June 12, 1995
AYES:
NOES:
ABSENT:
ABSTAINED:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Kerry
Regarding the direction requested by staff, Councllmember Kerry suggested that the
Issue of illumination be considered at another meeting, with a slide presentation.
CONSIDERATION OF REQUEST FROM THE ST. IRENAEUS FIESTA COMMITTEE FOR WAIVER OF FEES
AND AUTHORITY TO INSTALL BANNERS IN THE PUBLIC RIGHT-OF-WAY FOR THE ST. IRENAEUS
CATHOLIC CHURCH'S 32ND ANNUAL FIESTA: The City Manager asked the Planning Director
to review the staff report dated June 2, 1995, which described a request received from
the Reverend Michael Heher to waive all fees connected with the Church's 32nd Annual
Fiesta to be held on saturday, June 24 and sunday, June 25, 1995. Similar waivers have
been granted by the City Council In the past, with the condition that no-fee building
and electrical permits be obtained for the carnival activities. In addition to the waiver
of fees for the Fiesta, the Church is asking the City to Install banners to be provided by
them on City light standards and a waiver of the fee associated with the Installation of
these banners advertising the Fiesta.
The City Attorney advised that the code has a blanket prohibition of anything to
encroach upon or be on the public right-of-way; however, there is a provision In the
code that does provide for exemptions to that general prohibition but not what the
applicant Is proposing.
Council member Bowman requested that staff make the non-profit organizations aware
that they are exempt from the permit fees for special events.
It was moved by Council member Bowman and seconded by Councllmember Kerry to: 1)
grant the request to waive the carnival permit fee of $150.00 for the St. Irenaeus
Catholic Church's 32nd Annual Fiesta to be held on June 24 and 25, 1995 and waive the
building permit fee of $276.00; 2) deny the applicant's request, based on current City
Council policy, for the installation of banners by City crews within the public rlght-of-
way; and 3) deny the waiver of fees associated with the Installation of the banners by
City crews In the amount of $712.74. 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 REPORT ON CONDITIONS OF MOWING AT CYPRESS CITY PARKS AND THE
PERFORMANCE OF OUR MOWING CONTRACTOR: The City Manager reqUested the Public
Works Director present the staff report dated June 1, 1995, which addressed the
complaint from a resident concerning poor performance at pepper Tree Park by the
mowing contractor. During the week of May 22, staff made several specific and detailed
Inspections of City parKs, parkways and center medians. He reported that he had found
some things that needed attention but, In general, the parKs were In good shape.
It was moved by Councilmember Kerry and seconded by Councilmember Jones 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
CONSIDERATION OF RECOMMENDATION FROM THE CATV COMMISSION REGARDING CABLE TV
SERVICE IN THE NORTHERN AREA OF CYPRESS: The Personnel Director presented the staff
report dated June 6, 1995, in which the CATV Commission advised the City Council to
encourage the current franchisee, Copley/colony Cablevlslon and the proposed
franchisee, Continental cablevision to expand their service Into the north Cypress area
currently served by paragon Cablevlslon. The Paragon franchise expires in September
and there are no current proposals to extend or renew the franchise.
Councllmember Kerry remarKed that if the City doesn't have a contract with paragon,
no one should have to buy their service and Copley/Colony should be able to assume
that area. She wanted to know what the City's legal rights are If Paragon is refUSing to
11
453
CITY COUNCIL MINUTES
June 12, 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 DESIGN REVIEW COMMITTEE NO. 95-26, ILLUMINATED CANOPY FOR
MCDONALD'S PLAYLAND, 10115 VALLEY VIEW STREET: The Planning Director passed along
to the Council some colored samples that had been provided by the applicant to
completely identify the request. The staff report dated May 30, 1995 requested
approval to Install a 300 square foot internally Illuminated canopy over the outdoor
seating area In the MCDonald's playland area located at 10115 Valley View Street. As part
of the application, staff requested Council policy direction on internally Illuminated
canopies In Commercial Zones. In accordance with the california Environmental Quality
Act, this project has been determined to be categorically exempt, Class 3. The proposed
canopy will consist of a bright red vinyl top with bright yellow accent bands or valances
at the midpoint and along the bottom edge of the canopy. Under the canopy are four
8' long fluorescent fixtures and one 4' long fluorescent fixture located under the
bottom canopy area. The canopy Is proposed to be Illuminated during the evening
hours and turned off at 11 p.m.
Because this request represented the first InternallY illuminated canopy In the City of
Cypress, the Design Review Committee recommended that this Item be brought to the
City Council for policy direction on this as well as future requests.
Council member Kerry will abstain on the specific Issue of McDonald's vote because she
has done business with them. She will enter Into the discussion on the policy decision
and she excused herself from the pOdium.
Mr. Pat porter, Elde Industries, 16215 Piuma Avenue, cerrltos, reported that there are
some illuminated canopies in the area and the primary concern for lighting Is for the
patrons. There would be no problem In turning the canopy lights off at 11 p.m. or
earlier. He felt that this red and yellow canopy would be an aesthetically pleasing
element to the community. The safety lights are completely enclosed and the primary
objective is to illuminate the seating.
MS. Isabel Villasenor, owner of the McDonald's In Cypress, said the Issue of the awning
came up because of the heat and the purpose Is to cover the seating area, not the
Playland.
After some discussion with the Planning Director, the Mayor asked If the owner would
consider some other colors for the awning and she replied In the affirmative.
Councilmember Bowman commented that the choice of colors should be left up to the
owner and the owners of the center and the Illumination was the only thing he was
concerned with, which wouldn't Include the color.
MS. Villasenor said she could use the muted colors for the canopy and the yellow for the
arches.
The Planning Director asked for clarification of which colors would be replacing the red
and yellow. Mr. porter stated that the red will be replaced with color No. 608, the
yellow valance will be replaced with color NO. 611 and the arches will remain the
McDonald's yellow.
It was moved by Council member Bowman and seconded by Council member Jones to
adopt the Resolution by title only, title as follows, approving Design Review Committee
No. 95-26 for the Internally Illuminated canopy, SUbject to conditions.
RESOLUTION NO. 4494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN
REVIEW COMMITTEE NO. 95-26 - WITH CONDITIONS.
The motion carried with the following roll call vote:
10
{. '.7/ .,
,.- ~.......
45:
CITY COUNCIL MINUTES
June 12, 1995
renew or extend the franchise. The Council has to make It clear that they are going to
demand that the cable operator Is going to have to service the north end of Cypress.
The City Attorney stated that right now the City has no legal rights of benefits to
Paragon because their franchise agreement was with the County of Orange. If paragon
decides not to renew and a third party comes in, the City would have to deal with that
party. He didn't believe there was anything that could be done to force the cable
operator to do anything at this point until that franchise with paragon terminates.
Mayor Age commented that any action now would be premature.
It was moved by Council member Bowman and seconded by Councilmember carroll to
receive and file the report and notify the CATV Commission of the Council's discussion.
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 APPOINTMENT OF CITY'S REPRESENTATIVE TO THE ORANGE COUNTY
VECTOR CONTROL DISTRICT, Councilmember Bowman asKed that a Closed Session be held
on this Item. The City Attorney requested a vote of the Council if there was a consensus
to have a Closed session.
It was moved by Council member Bowman and seconded by Council member Jones to
discuss this item In Closed session. 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 SEVEN YEAR MEASURE M CAPITAL IMPROVEMENT PROGRAM: The City
Manager asked the PUblic WorKs Director to summarize the staff report dated May 25,
1995, which described the requirement to submit an updated seven year capital
improvement program to the orange County Transportation Agency (OCTAl to remain
eligible to receive Measure M Turnback monies. projects listed are Intended to illustrate
the City's commitment to Improving or maintaining the transportation system In the
City of Cypress as required under the Revised Traffic Improvement and Growth
Management Program (Measure Ml. The estimated costs for all the projects listed is
$15.8 million.
Council member Bowman needed clarification on the costs and the program schedule.
The PUblic Works Director explained that anything after the first two years Is speculation
because some of the projects are competitive or developer funded. Council member
Bowman asKed the Public WorKs Director to clarify where the money came from and
why It is in the account on the Holder Street at Stanton Channel Bridge installation.
Responding to Mayor Age, the Public Works Director would add the completion of Denni
Street on an out year even thoUgh it Is mentioned In a Development Agreement.
Councllmember Kerry mentioned that the projects listed are not being given a priority
but just things that need to be considered in the next few years.
It was moved by Council member Bowman and seconded by Council member Kerry to:
1. Approve the Draft Seven Year Revised Traffic Improvement and Growth
Management (Measure Ml capital Improvement Program.
2. Authorize Staff to submit the Draft Seven Year Revised Traffic Improvement and
Growth Management Plan (Measure Ml Capital Improvement Program to the
orange County Transportation Authority.
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
12
v"
456
CITY COUNCIL MINUTES
June 12, 1995
CONSIDERATION OF REORGANIZATION OF CLASSIFICATIONS IN ADMINISTRATION, FINANCE,
POLICE AND COMMUNITY DEVELOPMENT: The City Manager referred to the staff report
dated June 6, 1995, which would Implement various classification changes discussed in
the budget workshop on May 16,1995. Four modifications do not change the salaries of
the former positions and four increase the salaries for the new position. The
departments affected are Administration, Finance, Police and Community Development.
Councllmember Kerry wished to assure that where an Individual has a title change, the
old jOb classification title will be eliminated.
It was moved by Councllmember Kerry and seconded by Councilmember Bowman to
adopt the Resolutions by title only, titles as follow, establishing compensation for City
and Recreation and ParK employees and establishing salary ranges and other benefits
for top management.
RESOLUTION NO. 4495
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS EX-OFFICIO
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY REVISING
CLASS SPECIFICATIONS IN THE POSITION CLASSIFICATION PLAN AND ESTABLISHING
COMPENSATION FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND CYPRESS
RECREATION AND PARK DISTRICT.
RESOLUTION NO. 4496
A RESOLUTION OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO BOARD OF
DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT
OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4399, ESTABLISHING SALARY
RANGES AND OTHER BENEFIT CHANGES FOR THE TOP MANAGEMENT POSITIONS.
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 DISCUSSION OF POSSIBLE ADVISORY MEASURES TO BE PLACED ON THE
ELECTION BALLOT: The City Manager commented that Mayor Age had requested that this
item be placed on the agenda in the event a special Election is called in response to the
recall petitions. It is anticipated that the certification will come from the county prior
to the next regular meeting and be able to certify at that time whether or not the
petitions qualified for the special election. If so, the timing of the election would seem
most appropriately scheduled for November 7, 1995. If there are any advisory Issues,
there will be time to finalize any wording prior to the July 10 meeting.
Mayor Age mentioned that it was $1.03 each per signature verification and over 6,300 on
Council member Kerry and her and probably the same amount on Council member
Bowman, which amounts to almost $20,000. The cost of having a special election will
run between $60,000 and $70,000. She reported that people have come to her and
stated that they did not want their tax dollars used for an election especially when two
of the Council members only have a little more than a year to go. She asked the City
Attorney to review putting an item on a future ballot that should a recall or special
election be called and the petitioners lose, they pay for the election. She asked If staff
could arrive at wording for some parK and Recreation bonds, improvements in the City
and police assessments for the next agenda. If anyone else had any suggestions, the
Mayor requested they call the Deputy City ClerK or the City Manager.
Council member Kerry believed the City needed another gymnasium, playing field
Improvements, Include all of the real needs that are foreseen in the next 20 years In
park and Rec, come up with a value for them and asked staff for suggestions. Another
Issue she mentioned was the property south of Katella and west of valley view which
should be evaluated for the fair marKet value and the loss of tax base determined.
Minimum use should be determined if the City bought the property, how much it would
cost to turn that area into a park and how much to maintain it. This issue should be
placed on the ballot and the citizens should determine if they want to buy that
property, it should be on the ballot.
13
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CITY COUNCIL MINUTES
June 12, 1995
Councllmember carroll stated that whatever Is put on the ballot, It should be made clear
that an oPinion Is being solicited and the City Is not obligated.
The City Attorney advised that the purpose of an advisory measure Is to allow the voters
to voice their opinion on substantive Issues.
Councllmember Bowman spoke about the City of Cypress forming Its own schOol
district. He suggested that the Ideal advisory for the community would be whether or
not the citizens are In favor of fOrming their own school district, then the City wouldn't
have to concern Itself about how the playing fields are maintained because the City
would be performing Its own maintenance.
Mayor Age asKed that these suggestions be placed on the June 26, 1995 Council agenda.
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 15479 -15710: It was
moved by Councllmember Jones and seconded by Councllmember Kerry to approve the
Warrants No. 15479 through 15710 In the amount of $583,326.29. 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 addition of Item No. 34, Mayor Age reported that Assembly Speaker
Doris Allen has called a meeting of the Mayors from her District In sacramento to discuss
project funding and how she can help on the passage of bills. The cost of the Mayor'S
trip to sacramento had been added to the agenda. It was moved by Councllmember
Jones and seconded by Councllmember Kerry to approve the payment of Mayor Age'S
trip to travel to sacramento to meet with ASSembly Speaker Allen. 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
Mayor Age asKed each Council member who had Items for discussion to submit them to
her or the City Manager. Councllmember Kerry asKed the citizens to submit Issues they
had for Ms. Allen to any of the Councllmembers because It Is a unique opportunity.
It was moved by Councllmember Kerry to place an Item 35 on the agenda to discuss a
Resolution for Doris Allen. The City Attorney advised that Item 34 was broad enough to
Include the discussion of that Resolution. Councllmember Kerry then withdrew her
motion.
It was moved by Council member Kerry moved and seconded by Councllmember
Bowman to adopt a Resolution by title onlY, title as follows, commending Doris Allen on
her appointment as SpeaKer of the AssemblY, signed by all Councllmembers and to be
presented to speaker Allen when she and Mayor Age meet.
RESOLUTION NO. 4497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING
CONGRATULATIONS TO ASSEMBLYWOMAN DORIS ALLEN ON BEING ELECTED AS SPEAKER
OF THE STATE ASSEMBLY.
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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
MS. Kathy Simcox, Cypress, asked If presenting a resolution to Doris Allen represented
the support of the City and shouldn't the citizens be asked for permission to take that
resolution to sacramento. Mayor Age responded that the City Council voted
unanimously to send a resolution to Doris Allen. MS. Simcox then spoke on the
upcoming Special Election and the City could be saved a lot of money If the three
14
~)J
CITY COUNCIL MINUTES
June 12, 1995
Council members resigned tonight. She asKed about verification of petition signatures
and when their Committee would be made aware of the results. She told the Council
about her understanding of who received the $3 million, Cypress Land told them they
paid $1 million and she read a letter from the City Manager to Shaw Industries. After
further discussion, Mayor Age did not know why there continued to be discussion on
the Shaw project. Council member Bowman asked Ms. Simcox to bring In a letter from
Cypress Land. After responding to Ms. Simcox comments on Judge Flrmat's decision, the
City Attorney stated that he will not discuss or justify the Court's decision any further.
Ms. Jane Wozniak, Cypress, expressed her disgust at the way things have been going at
the Council meetings. She has been coming to the Council meetings for years and she Is
not a one Issue person.
Mayor Age stated that once an election has been declared, City Council meetings have
never been used as an electioneering forum for candidates for office. This is a place of
business. The City Attorney would research the Issue. He explained that City Council
meetings are a limited public forum and the Council has the authority to dictate the
items of discussion limiting the subject matter and the time because the primary
purpose of the Council Is to conduct City business.
Mr. Don wesllng, Cypress, stated that he would not run for Council. He then referred to
page 13 of the Development Agreement between the City and warland and asked about
the sales tax revenue from Shaw and reconciliation of sales tax revenue to the City over
a ten year period.
Mayor Age stated that the subject of Shaw Industries has been exhausted. It was a court
case, the judge ruled In the City's favor and there Is no reason for further discussion.
There was some discussion between Council member Kerry and Mr. Wesllng, after which
Mayor Age asKed If there were additional oral communications.
Ms. Jo Dutro, Cypress, stated she was tired of hearing people say that the Council has
betrayed the citizens of Cypress. As a citizen she didn't believe In the recall and she
supported the Council.
Mr. Bob surabla, Cypress, asked If the Mayor had suggested that the loser of a recall
election should be made to pay for that election. Mayor Age replied In the affirmative
and clarified that the petitioner should pay for the cost of a special Election.
Councllmember Kerry disagreed because the recall Involved citizens and the other
special elections have Involved projects. Mayor Age asked the City Attorney to review
who pays for a special election and report back to Council.
Mr. Ted Hill, 10001 st. Vincent Circle, Cypress, stated that It was unnecessary for people
to run down the City Council and the people that have been doing such do not have his
respect.
Ms. Lou MCNeely, Cypress, expressed her opposition to the Council taking a resolution to
Speaker Allen because she betrayed her constituents.
Council member Bowman clarified what a proclamation Is and it merely recognized that
Doris Allen Is speaker Of the House and a resident of Cypress.
CLOSED SESSION: Mayor Age recessed the meeting at 11:25 p.m. so the Council coUld
enter Into Closed session to discuss Item 29, APPointment to the Orange County Vector
Control District. The meeting was reconvened at 11:28 p.m. with all Councllmembers
present.
In regard to Consideration of Appointment of City's Representative to the orange
County Vector Control District, It was moved by Council member Jones and seconded by
Councilmember Kerry to appoint Lincoln castro as the City's Representative to the
Orange county vector Control District, naming Alice Rogers as the 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
15
-..-- '''-'--~--'''''''-'--'~'-''''''''-''~~~-'-'--~-'-~-''-'-''_._.~-_..._-~._-_. -
CITY COUNCIL MINUTES
June 12, 1995
ADJOURNMENT: Mayor Age adjourned the meeting at 11:30 p.m. to 5:00 p.m., MOnday,
June 26, 1995 in the Administrative Conference Room for a jOint meeting with the
Traffic Commission.
ATTEST:
CJ&~~~F CYPRESS
16
i!)7