Minutes 95-06-26
if6D
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 26, 1995
The Regular Meeting of the cypress City Council was called to order at 5:00 p.m. on
Monday, June 26, 1995, in the Administrative Conference Room, west wing, City Hall,
5275 orange Avenue, Cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, Carroll, Jones, Kerry and Age
None
JOINT MEETING: Traffic Commission
The joint meeting commenced with introductions being made and discussions held
between the Commissioners and the Council on three Issues: large vehicle ordinance,
Holder Street opening and Development Plan Reviews. After discussion of the large
vehicle ordinance, the Council referred the ordinance back to the Commission for
further study to determine what might be the best future amendment to the
ordinance. Council then discussed the Holder Street opening, which was also referred
back the Traffic Commission for further traffic studies to determine the ultimate need
for the opening of this street. There were questions from the Traffic Commissioners
about Development Plan Reviews and the Public WorKs Department will determine the
types of projects that should be reviewed with the Commission.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. NO one wished to speak.
CONSIDERATION OF RENEWAL OF CONTRACT FOR PARKING ENFORCEMENT/PENALTY FEES: The
City Manager asked the police Chief to present the staff report dated June 19, 1995,
which SOUght to renew a contract with Turbo Data systems for the administration of
parKing violations. Services also Include Administrative Review, Administrative Hearing
and Civil processes Adjudication. They have agreed to continue existing service and to
additionallY Include administration of the parking violations in accordance with the
provisions of AB 408 at no cost increase.
It was moved by Councllmember Bowman and seconded by Council member Kerry to
approve continuation of contract with Turbo Data systems, Inc., 721 North Eckhoff
street, orange, CA 92688, for the administration of parking citation process in the
amount of 51.02 per citation, plus $1.03 for mailing late notifications and in the amount
of 510.00 maximum per fUlly contested citation. 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 ALARM ORDINANCE ADMINISTRATION: The
police Chief presented the staff report dated June 15, 1995, which recommended the
renewal of the existing contract with City permit systems for one year for alarm
ordinance administration. City Permit systems has agreed to administer the alarm
ordinance for 40% of the fee for each alarm permit and 40% for false alarm fees
collected up to 550,000 on an annual basis.
It was moved by Council member Jones and seconded by Council member Kerry to
authorize a one year renewal of the existing contract for alarm ordinance
administration to City permit Systems, 424 Glenneyre, Laguna Beach, CA 92651, effective
JUly 1, 1995 and be paid with funds from Account Number 4189-11-174-05.
Councilmember Jones asked that the Police Chief provide Council with an evaluation of
the number of responses made before billing begins and the actual fees assessed. 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
CON51DERATION OF CONTINUING PART-TIME CONTRACT BUILDING IN5PECTION SERVICES: The
Planning Director was requested by the City Manager to review the staff report dated
June 19, 1995 which described the utilization of the services of a part-time building
inspector on an as-needed basis at the rate of 535 per hour.
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CITY COUNCIL MINUTES
June 26, 1995
It was moved by Councllmember Bowman and seconded by Councllmember Jones to
authorize the continuation of part-time contract building Inspection services with Melad
and Associates, 8907 Warner Avenue, #161, Huntington Beach, CA 92647, on an as-needed
basis, at the hourly rate of $35 as appropriated In the 1995-96 budget. 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 DICTAPHONE RECORDING EQUIPMENT: The City
Manager asked Chief Wicker to summarize the staff report dated June 20, 1995, referring
to the May 22, 1995 City Council meeting at which Council authorized certain actions
toward the purchase and Implementation of the orange County 800 MHz Police/Public
Works Radio System. Authorization was sought to award one contract to Dictaphone
corporation for the purchase of Dictaphone Guardian Digital Recorder and a second
award of contract for the first year maintenance of that recorder. Once the Joint
POwers Agreement UPAlls formed, It Intends to award the contract for all the Involved
agencies to purchase 800 MHz equipment to Motorola Communications and Electronics.
The provisions of the contract with Motorola also allow the participating agencies to
exclude certain equipment from the JPA contract and purchase them separately. Listed
were several reasons the Police Department wished to purchase this equipment and a
purchaser has been found for the old equipment. Council was asked to waive the
formal bidding process In this situation.
Responding to Councllmember carroll, the Finance Director explained that Items over
$10,000 go through a formal bid procedure. Council member carroll asked If the formal
bid process had been followed and the Police Chief replied that quotes had been
obtained from two vendors. Council member carroll said he believed In the bid process
and was very reticent to waive It.
The City Manager stated that he would be more comfortable If the formal bid process
were followed. The Police Chief commented that they went directly to the
manufacturer for the quote believing that It would be the best cost obtainable. The
only problem might be the delay for the buyer waiting to purchase the existing unit.
Councllmember Kerry mentioned Ericsson, Cypress, who had the alternative 800 MHZ
system and If they had something that would be compatible with the Motorola system.
It was moved by Council member Carroll and seconded by Councllmember Bowman to
deny waiving the formal bidding process and enter the Into a formal bidding
procedure. 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.
Councllmember Carroll requested that Items NO.8 and 13, Renewal of Fire Service
Agreement and Monthly Investment Program for May 1995, respectively, be pulled.
Council member Jones asked that Items NO. 12 and 14, Acceptance and Assessment for
Abatement of Seasonal and Recurring Weeds and Legislation and Other Issues for City
Council support or Opposition, respectively, be removed.
It was moved by Councllmember Kerry and seconded by Councllmember Jones to
approve the Consent Calendar Items NO.5 through 14, with the exception of Items No.8,
12,13 and 14. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.5: Motion to Approve City Council Minutes of June 12, 1995.
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CITY COUNCIL MINUTES
June 26, 1995
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
June 12, 1995, as submitted.
Item NO.6: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration bY Title Only and to Waive Further Reading.
Item NO.7: Consideration of Renewal of Non-Exclusive Taxicab Franchise - A-AAA Yellow
cab, Inc.
Recommendation: That the City Council authorize a one-year renewal of the non-
exclusive Taxicab Franchise Issued to the A-AAA Yellow cab, Inc., to expire on June 12,
1996.
Item NO.9: Consideration of Design Review Committee's Approval of DRC NO. 95-29.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit No. 95-29 - With Conditions.
RESOLUTION NO. 4498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-29 - WITH CONDITIONS.
Item No. 10: Consideration of proclaiming July 1995, as "Parks and Recreation Month."
Recommendation: That the Mayor and City Council officiallY proclaim July 1995, as "parks
and Recreation Month" In the City of Cypress.
Item NO. 11: Consideration of Annual Requallflcatlon of participating Cities In the county
of Orange Arterial Highway Financing Program lAHFPl.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, Informing the AHFP Advisory Committee that the Circulation Element of the
Cypress General Plan conforms to the county Master Plan of Arterial Highways IMPAH).
RESOLUTION NO. 4499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE
STATUS OF THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMING
TO THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (MPAHl.
END OF CONSENT CALENDAR
Regarding Item No.8, Consideration of Fire service Agreement With the orange County
Fire Authority, Council member carroll asked what the Fire Authority costs the City of
Cypress per year. The Finance Director reported that the actual cost to Cypress
residents Is $2,100,000 and next year, It would be $2,200,000. The City Attorney advised
that there was no change In the term of the agreement with the Fire Authority. It was
moved by Councllmember carroll and seconded by Council member Bowman to approve
the renewal of the Fire Services Agreement. 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 Acceptance and ASsessment for Abatement of
Seasonal and ReCurring Weeds for Phase II of the 1994/95 program, Council member Jones
asked why the cost had gone up so significantly. The Public Works Director replied that
additional vacant lots have been added, cleanup Is done once In the Fall but this year
spring cleanup was virtually every lot because of the late rains. The City Manager
advised that It would also depend on how many property owners do their own weed
abatement. It was moved by Councllmember Jones and seconded by Council member
Kerry that the City Council: 1) Accept the work of weed and rubbish abatement as being
satisfactorilY completed In accordance with the specifications for the work; 2) Adopt the
Resolution by title only, title as follows, confirming weed abatement assessments and
Imposing special assessment as a lien on the parcels listed on Exhibit "A"; 3) APprove the
contract cost with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington BeaCh, CA
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CITY COUNCIL MINUTES
June 26, 1995
92647, in the amount of $15,795.57; and 4) Appropriate $14,625.00 from the unreserved
fund balance of the General Fund to Account No. 4181-11-271-07.
RESOLUTION NO. 4500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE
REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC
NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE
CITY OF CYPRES$.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
With regard to Item NO. 13, Consideration of Monthly Investment Program for the
Month of May, 1995, council member Carroll commented that it was an excellent report,
asked that It show the City's name and he recommended that a copy of Cypress' report
be sent to Chief Larry Holmes and Tom Wilson, representing the orange county Fire
Authority. He also asKed that a copy of the Investment policy be included, but he
would liKe to see it first. It was moved by Councllmember carroll and seconded by
Councilmember 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
Regarding Item No. 14, Consideration of Legislation and other Issues for City Council
support or OPPosition, Council member Jones referred to supporting a constitutional
amendment that could allow for less than a unanimous jury verdict In criminal trials.
She had a concern about whether all the Council would want to support this legislation,
didn't feel there was enough information for her recommendation and she asked for
Input from other Council members. Councilmembers Bowman, Carroll and Mayor Age
would support the legislation. It was moved by Council member Jones not to support or
take any action on this legislation. The motion died for lacK of a second. It was moved
by Council member Bowman and seconded by Councilmember Kerry to authorize
support of the request from State Senator Charles M. Calderon to have a Constitutional
Amendment to allow for less than unanimous jUry verdicts in criminal trials. The motion
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age
1 COUNCILMEMBERS: Jones
o COUNCILMEMBERS: None
CLOSED SESSION: Mayor Age recessed the meeting at 6:05 p.m. to enable the Council to
enter into Closed Session to discuss the agendlzed items of three existing litigations
(Government code Section 54956.9(a) on Citizens Association for the Sensible
Development of Warland Center, orange County Superior Court Case No. 744436;
Disability Retirement for Matthew Robinson; Workers Compensation Appeals Board case
NO. VNO 0305867, Christopher LaCascla and a Liability Claim (Government Code Section
54956.95) shnayderman vs. City of cYpress. The meeting reconvened at 7:30 p.m. with all
Councilmembers present. Also present were staff members BacocK, Christoffels,
Decarlo, Kelly, storey and WicKer.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Council member Jones.
The City Manager reviewed discussions that tooK place during the joint meeting
between the City Council and the Traffic Commission. He then summarized the actions
taken by the City Council during the 5:30 p.m. portion of the Agenda.
The City Attorney reviewed the Issues discussed during the Closed Session on the four
agendized items of pending litigation on Cypress Land company, two personnel claims
and a liability claim.
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CITY COUNCIL MINUTES
June 26, 1995
The Personnel Director announced that effective June 21, 1995 the California Channel
has been cablecast on Channel 53.
The Recreation and parks Director announced that the Cypress Minor A cardinals, Little
League District 29, won the right to represent Cypress In the Tournament of Champions
by winning the Minor A League in Cypress.
Councilmember Kerry asked that the Team attend a Council meeting and be presented
with a Mayor's proclamation. Mayor Age asked the Recreation and Parks District Director
to maKe those arrangements.
Mayor Age mentioned the Grad Nite at Cypress High School and the annual carnival st.
Irenaeus Carnival with both events being very well attended.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
MS. Clara sehi, 4861 cathy Avenue, Cypress, said she was representing the friends and
neighbors living on Christopher, cathy, Gregory and Ethel. She then read a message to
the Council referring to the homeowner at 4881 Christopher who has allowed his
property to become an eyesore thus devaluing the neighborhood property. She
presented to the Council pictures and the signatures of 52 neighbors. This matter had
been taken to the Code Enforcement Officer who had written several letters and
nothing has been done.
Mayor Age recommended that this item be referred to the City Attorney.
Ms. Jane WozniaK, 4481 Avenida Granada, Cypress, mentioned the very nice article on
Cypress in the Long Beach Press Telegram, June 18, 1995. She suggested that the article
be made available at City Hall.
Mayor Age said it was a very good article and suggested it be made available at the
library.
Mr. Don Wesling, 11431 Anegada street, Cypress, asKed if any action had been taken on
Mr. Kernes' complaint about the City's block wall being on his property line. The City
Attorney has reviewed It, his preliminary findings are that the fence Is on the property
line and his recommendation is that It needs to be moved.
Council member Carroll read a statement, for the record, on SpeaKer Doris Alien's
resolution. "The Cypress City Council voted a Resolution congratulating Doris Allen on
becoming the speaker of the California Assembly. This Cypress Council action was
questioned by some people. Admittedly her election to speaker is an unusual situation.
Though she is a Republican, the Democrats seem more pleased about her election that
the Republicans.
"I would like to share my opinion on why I believe this Cypress resolution was a proper
action for the Cypress City Council to take.
"The Cypress City Council members are elected In nonpartisan election contests. We set
on the Council as neither Democrats nor Republicans. party and gender politics have no
legitimate place on our Cypress City Council.
"Aside from some facts about Madam speaker's background the resolution states:
"'NOW, therefore, be it resolved that the City Council of the City of Cypress, does hereby
commend and congratulate the SpeaKer Doris Allen on attaining the position of SpeaKer
of the California Assembly and extends best wishes for the future:
"This resolution Is not a jUdgment nor affirmation of her political actions. It Is exactly
what It states, a recognition of her attaining the position of SpeaKer of the California
Assembly.
"Doris Allen was elected Speaker through the American process, the most votes wins. Of
course her home town City Council extends congratulation and best wishes. It is suitable
and proper to do so. To do otherwise would show complete lack of courtesy and
decorum."
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CITY COUNCIL MINUTES
June 26, 1995
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. NO one
wished to speaK.
CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF THE 1995-96 BUDGET FOR THE
CYPRESS RECREATION AND PARK DISTRICT: Mayor Age opened the PUblic hearing. The City
Manager summarized the staff report dated June 12, 1995, which indicated that at the
May 16, 1995 City Council Workshop, the preliminary 1995-96 Cypress Recreation and Park
District Budget was reviewed by the City Council. AdditionallY, they reviewed the
District's Goals and Objectives for the Fiscal Year 1995-96. The recommendations made
by the City Council have been Incorporated Into the budget document presented for
adoption following the publiC hearing. The total proposed budget is $263,699 higher
than the 1994-95 adoPted budget. The total operating revenues presented for adoption
are $3,084,815, which is $4,265 or .1% below the prior year's adopted budget.
Mayor Age asked If anyone wished to speaK in support of or in opposition to the
proposed 1995-96 BUdget for the Cypress Recreation and ParK District. NO one spoKe.
Council member Bowman reported that there had been a budget workshop a few weeks
ago and he moved to close the public hearing and the City council, acting as the ex-
officio governing Board of Directors of the Cypress Recreation and parK District, adopt
the 1995-96 District Budget as proposed and shown on the attachment. The motion was
seconded by council member Kerry and unanimously carried by the following roll call
vote:
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465
CITY COUNCIL MINUTES
June 26, 1995
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING THE PROCESSING
OF THE TRANSFER REQUEST OF THE CATV FRANCHISE FROM COPLEY COLONY CABLEVISION TO
CONTINENTAL CABLEVISION: The City Manager asked the Personnel Director to present the
staff report dated June 20, 1995, which addressed the processing Issues relating to the
request to transfer the existing CATV Franchise to Continental cablevlslon. The
Resolution authorized the City Manager to "deny without prejudice" the transfer
application If all of the Issues were not resolved by June 30, 1995 or a later date If
mutually agreed.
It was moved by Council member Jones and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, authorizing the City Manager to process the
CATV Franchise transfer request from Copley colony cablevlslon to Continental
cablevlslon.
RESOLUTION NO. 4501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACCEPTING,
FOR THE PURPOSES OF REVIEW, THE FCC FORM 395 SUBMITTED BY PROVIDENCE
JOURNAL COMPANY, RELATING TO A CHANGE IN CONTROL, PURSUANT TO A MERGER
WITH CONTINENTAL CABLEVISION, INC., AND PRESCRIBING CERTAIN PROCEDURES
RELATING 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
CONTINUATION OF CONSIDERATION OF DISCUSSION OF POSSIBLE ADVISORY MEASURES TO BE
PLACED ON THE ELECTION BALLOT: Mayor Age advised that the City council, at Its meeting
of June 12, 1995, directed the City Manager and members of the Administrative
Coordinating TEAM to discuss the eight Issues which the City Council had Identified for
possible inclusion on the Special Election Ballot as Advisory Measures as outlined In the
staff report dated June 22, 1995.
Councllmember Kerry had some questions and recommended combining some of the
Issues because they are sports renovations and Improvements to a lot of different
facilities. She expressed concern about Item NO.3 and the Identification of 10 plus
acres. The Recreation and ParK District Director explained that they had chosen 10 acres
because that Is what qualifies as a regional parK.
Councllmember Jones voiced a concern about combining some of the Issues because It
would be a huge obligation that would cause the public to lose Interest. She asKed that
if the issues did go on the ballot, would there be some Idea of cost for each of the
Issues. The City Manager advised that some cost estimates could be given.
Council member Jones feared that nothing might be resolved If people were afraid of
the monetary commitment.
Councllmember Bowman referred to Item No.2, the sports fields development and If
the City had Its own school district, they wouldn't have to go to the Anaheim Union
High School District to have these facilities renovated. Another Issue previously
discussed was having the office of Mayor as a separate office and elected as they are In
a number of other cities. Mayor Age stated that If this Item Is placed on the ballot, she
would like to see a two year term. It could be structured like Anaheim or Westminster
and she asked the City Attorney to obtain that Information. Council member Jones
commented that she believed term limits provided an opportunity for more people to
serve as Council members.
Councllmember Carroll asked the City Manager If the voters approved some of the
renovations, and the Issuance of bonds to pay for the renovation, what Is the obligation
of the City. The City Manager said the obligation would be that Council direct staff, legal
counsel and consultants to draw up an appropriate bond Issue for the ballot.
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CITY COUNCIL MINUTES
June 26, 1995
Council member carroll asked that If some of these Issues were put on the ballot, he
would liKe to see not only the capital costs but the annual operating cost estimates.
Council member Bowman mentioned that some of the listed Items possibly tied In with
the WIcker Drive and Lincoln Avenue studies, the City Is In the process of forming
committees and It would be premature to have those as advisory measures.
Councllmember Kerry suggested the advisory measures be simple to get a clear-cut
response from the voters. She also stated that she has supported the separation of a
school district for years, but she felt It was Inappropriate for the City Council to place
this Issue on the ballot. Councllmember Jones did not have any objection to the Issue
appearing as an advisory measure. Councllmember Kerry suggested that a letter be
written to the Cypress SChool District asKing for their advice on this before a final
decision Is made.
After further discussion about the various Items, Mayor Age asked that the two
additional Issues of an elected Mayor and Cypress SChool District be added to the list of
possible advisory measures. Council member Kerry asked that a separate vote be taken
on those two Issues. Mayor Age then removed them for a separate vote.
It was moved by Councllmember Bowman and seconded by Councllmember Jones to
accept the eight Items as stated on the staff report and direct the City Attorney to draft
the wording for the measures for Incorporation In the election resolution to be
adopted at the City Council 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
Council member Kerry advised that any capital and operating expenses be Included In
the measures and the regional park measure should Include the entire property.
It was moved by Councllmember Bowman and seconded by Councllmember carroll to
authorize that a measure be placed on the ballot for a unified Cypress School District.
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
It was moved by Councllmember Bowman and seconded by Councllmember Age to
authorize that a measure be placed on the ballot to elect the Mayor for two terms with
a two year limit on each term. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Bowman, carroll and Age
2 COUNCILMEMBERS: Jones and Kerry
o COUNCILMEMBERS: None
CONSIDERATION OF THE ADOPTION OF THE 1995-96 BUDGET FOR THE CITY OF CYPRESS: The
City Manager summarized the staff report dated June 12, 1995, which Indicated that the
preliminary 1995-96 budget was reviewed by the City council, City Manager and Finance
Director at a meeting on May 16, 1995. The City Council also reviewed the departmental
goals and objectives with the City Manager and each Department Head.
Recommendations made by the City Council have been Incorporated Into the budget
document presented for adoption. The total operating Expenditures recommended for
adoption are $293,812 or 1.9% higher than the prior year's adopted operating
expenditures. The total operating revenues presented for adoption are $19,452,440
which Is $2,264,005 or 13.2% higher than the prior year's adopted budget. sales tax
revenues are projected to Increase $1,250,000 or 34% over the prior year's adopted
budget.
Mayor Age asKed what had been budgeted for the recall election and the City Manager
responded that the estimates now are around $70,000 for that election. She stated that
she and Council member Kerry only have one year from November In Office.
Council member Bowman commented that the revenues are Increasing and the City Is In
a position now where they can do the things that were possible several years ago. The
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CITY COUNCil MINUTES
June 26,1995
City'S economy seems to be In a gOOd Position currently and It does take Into
consideration the Increase In salaries and benefits.
It was moved by Councllmember Bowman and seconded by Council member carroll to
adopt the Resolution by title onlY, title as fOllOWS, approving the annual budget for the
fiscal year commencing July 1,1995 and fixing the limitations of expenditures for the
funds listed and the functions, departments and activities carried on under such funds.
RESOLUTION NO. 4502
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1,1995, AND FIXING THE
LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS,
DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS.
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 CITY CLERK'S CERTIFICATES OF SUFFICIENCY OF VERIFIED SIGNATURES ON
RECALL PETITIONS OF CECILIA L. AGE AND GAIL H. KERRY: The City Manager/City Clerk
reviewed the staff report dated June 21, 1995, which advised that pursuant to Section
11227 of the california Elections code, copies of the City Clerk's certificate of SUfficiency
of verified signatures on the Recall Petitions of Council members Cecilia L. Age and Gall H.
Kerry were attached. The City Council has 14 days after receiving the Certificate of
SUfficiency to call an election, to be held no less than 88 nor more than 125 days after
the Issuance of the order. The City Attorney recommended that the election be called
at the July 10, 1995 meeting.
Council member Kerry remarked that It was mentioned at the last meeting that If the
Council wanted to save the taxpayers' money, the Councllmembers could resign.
However, the other half of the choice Is that the Recall Committee didn't have to
submit the recall petition. Mayor Age reported that quite a few of the signatures
turned In were Invalid and she mentioned again that Should she lose In the recall
election, she can run next November for a four year term.
It was moved by Council member Jones and seconded bY Councllmember Kerry to
accept the City Clerk's Certificate of SUfficiency, as submitted, for the Recall Petitions of
Council Members Cecilia L. Age and Gall H. Kerry. 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 8:40 p.m. and reconvened at 8:55 p.m. with
all Council members present.
CONSIDERATION OF APPLICATIONS FOR THE LINCOLN AVENUE SPECIFIC PLAN ADVISORY
COMMITTEE AND THE ORANGEIWALKER "WICKER DRIVE" LAND USE ADVISORY COMMITTEE: The
City Manager referred to the staff report dated June 21, 1995, which provided a status
on the applications received for the Lincoln Avenue specific Plan Advisory Committee
and the orangelWalker "Wicker Drive" Land Use Advisory Committee. Staff has
continued to accept applications and, to date, 14 applications have been received for
the Lincoln Avenue Advisory Committee and 34 for the Wicker Drive Land Use AdviSOry
Committee.
It was moved by Councllmember Bowman and seconded by Councllmember Jones to
accept all of the applications submitted to the Wicker Drive Land Use AdviSOry
Committee and readvertlse for business owners on Lincoln Avenue. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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468
CITY COUNCIL MINUTES
June 26, 1995
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 15489 -15960: It was
moved by Councllmember Kerry and seconded by Councllmember Jones to approve the
Warrants No. 15489 through 15960 In the amount of $1,444,178.49. 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 recess the meeting at 9:00 p.m. to allow the Council to act as the
Cypress Redevelopment Agency, The meeting reconvened at 9:05 p.m. with all
Council members present.
Councllmember Kerry felt that there was a need for an addition to the Agenda
regarding the hearing tomorrow night before the orange county Board of supervisors
on the Importing of sewage and solid waste disposal from outside the County.
Responding to the City Attorney, Councllmember Kerry stated she received the
Information In her packet last Friday night. The City Attorney reported that since this
wasn't brought to council's attention until last Friday, It could be voted on to be placed
on the Agenda.
It was moved by Councllmember Kerry and seconded by Council member Jones to place
Item 24, regarding the proposal to allow sewage and solid waste disposal from out of
county to be placed in orange county solid waste disposal facilities on the Agenda.
Councllmember carroll stated that he didn't have sufficient Information on this subject
to do anything about It tonight.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age
1 COUNCILMEMBERS: Carroll
o COUNCILMEMBERS: None
Councilmember Kerry voiced her concern about waste being Imported Into the County
to Stanton down Katella Avenue, causing tremendous wear and tear on City streets. The
cities whose streets are being affected should be adequately compensated for that
wear and tear.
After some discussion, Council member carroll commented that there were already
regulations In place on how you can charge vehicles traveling through the city. TO
single out trash trucks vs. other trucks is something he would like to learn a lot more
about before he votes on It. Councilmember Bowman believed the appropriate action
would be that Council asK the Board of supervisors to continue that hearing until there
has been an opportunity for stUdy.
It was moved by Councilmember Bowman and seconded by Councllmember Kerry to
oppose amending the codified ordinance of the county of orange relative to sewage
and solid waste disposal unless more Information has been provided. Mayor Age asked
the City Manager to convey that message to supervisor Sliva. 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. Mary Crowder, 6881 Reef ton Avenue, Cypress, said that before there are any advisory
measures on having a unified Cypress SChool District, there should be a school built In
the south end.
Mr. Alan BucK, 6073 Nauru street, Cypress, stated that he appeared before the Council
two weeks ago and delivered a two page document outlining at least 17 criminal
violations In the EIR accompanying the warland application to erect a carpet warehouse.
The City Council has once again, In the face of possible criminal charges of conspiracy
with warland, defied the citizens and the law of the land and allow the carpeting
warehouse project to proceed. The City Attorney advised that an Investigation Is being
9
469
CITY COUNCIL MINUTES
June 26, 1995
conducted, the allegations brought are very serious and the City Is In the process of
working with the District Attorney's office.
Mr. Bob pepper, 6273 Trinidad Avenue, Cypress, spoKe of the trite and contrived effort
to dilute what the election is all about, a recall effort of unresponsive, irresponsible
representatives. He felt that $70,000 for the recall election was small compared to $3
million to a land developer for a road they would have had to build anyway, along with
It a road easement worth undisclosed hundreds of thousands of dollars. He felt that the
signatures could have been qualified In three weeks by the Deputy City Clerk thus saving
the City some money. The Council Is costing the City, not the Recall Committee.
Mrs. Regan Smith, 6033 Trinidad Avenue, Cypress, mentioned some of the proposed
advisory measures, I.e., a regional parK at valley View and Katella, and school unification.
She suggested that the school board be contacted before an advisory measure was
placed on the ballot.
Mr. Don wesllng, 11431 Anegada street, Cypress, agreed with all that Mr. Pepper had
said. They were well aware of how signatures are checked at the Registrar of Voters.
Council member Kerry read the Certificates of sufficiency of Verified Signatures.
Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, asKed If a letter accompanied the
resolution for Doris Allen and asked for a copy of that resolution.
Councllmember Bowman suggested that the resolution be published In the newspapers.
Mrs. Simcox wondered why Brlggeman Disposal owed the City S40,000. The City Manager
advised that Brlggeman's Internal audit to determine the franchise fee payments
showed that they did owe money to the City. He assumed the payment will be
forthcoming.
Councllmember Carroll explained that Mr Brlggeman Is supposed to pay the City of
Cypress 8% on their gross sale of recyclable materials and apparently that hadn't been
done. When the contract was reviewed, the error was caught and it Is for the
commercial roll off boxes.
Mrs. Simcox asKed if the franchise agreement had been signed with the additional ten
year extension. The City Attorney advised that it was his understanding that he signed
It, but didn't know If It had been brought bacK to the City.
MS. Theora Morse, Cypress, a Cypress SChool District employee, requested that the City
Council contact the Cypress SChool District Board of Trustees and staff, Anaheim Union
District Board of Trustees and staff before this Is placed on the Agenda.
Council member Kerry responded to the comment that It was irresponsible for the
Council to have the signatures verified at the Registrar's office. If staff had done the
verification and come up short, then they would have been accused of taKing sides.
The best way to Insure independence and without question was the process that was
followed.
Mr. pepper asked the City Manager If that was an accurate statement on sending them
to the Registrar's office so he wouldn't be suspect.
The City Manager said It was a good point to make, but not the only reason. Other
reasons Included the lack of staff, time constraints and other projects In the Clerk's
office.
Responding to Council member Jones' question on the Brlggeman contract, the City
Attorney advised that Mr. Brlggeman should have the contract bacK to the City before
July 1.
At Councilmember Carroll's request, Mayor Age reported on her trip to sacramento and
meeting with Speaker Doris Allen. She said It was an extremely productive meeting for
all participants.
10
470
CITY COUNCIL MINUTES
WRlmN COMMUNICATIONS: For Matters Not on the Agenda,
ADJOURNMENT: Mayor Age adjourned the meeting at 9:45 p.m.
June 26, 1995
~!'h~. If! j'~
OF THE CITY OF CYPR S
ATTEST:
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CITY CL~ E CITY CYPRESS
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