Minutes 95-07-10
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 10,1995
The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m. on
Monday, July 10,1995, in the Cypress 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 the City Manager/City Clerk Darrell Essex, City Attorney John
cavanaugh and staff members BacocK, Christoffels, Decarlo, Kelly, Krauss and storey.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speaK.
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 Jones asked that Item No.4, Regarding a survey of cable TV subscribers,
be removed. Councilmember Carroll wished to address the Minutes of June 26, 1995.
It was moved by Council member Bowman and seconded by councllmember Kerry to
approve the Consent Calendar Items NO.1 through 5 with the exception of Item NO.4
and the Minutes of June 26, 1995.
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item 2:: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for
Consideration by Title Only and to Waive Further Reading.
Item NO.3: Consideration of Design Review committee's Approval of DRC #95-25, #95-31,
#95-32, #95-34 and #95-35.
Recommendation: That the City Council adopt the Resolutions by title only, title as
follows, approving Design Review Committee permits #95-25, #95-31, #95-32, #95-34 and
#95-35 - with conditions.
RESOLUTION NO. 4503
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-25 - WITH CONDITIONS.
RESOLUTION NO. 4504
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-31 - WITH CONDITIONS.
RESOLUTION NO. 4505
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-32 - WITH CONDITIONS.
RESOLUTION NO. 4506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-34 - WITH CONDITIONS.
RESOLUTION NO. 4507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-35 - WITH CONDITIONS.
1
"7- I
471
, c
472
CITY COUNCIL MINUTES
July 10,1995
Item NO.5: Consideration of Senior Citizens Commission and City Council Joint Meeting
Scheduled for July 24, 1995.
Recommendation: Receive and file.
END OF CONSENT CALENDAR
Regarding the Minutes of June 26, 1995, Councilmember Carroll referred to page 4, Item
NO. 13 stating that he wished to see a copy of the Investment policy before it was sent
to Chief Larry Holmes of the orange county Fire Authority. Councilmember Carroll had
reviewed the policy and It was fine. On page 5 of the Minutes, under Oral
Communications, sixth paragraph, Council member Carroll felt that his statement about
Speaker Doris Allen was too short and requested that the entire text of his statement be
incorporated into the minutes. It was moved by Councllmember Kerry and seconded by
Councilmember Carroll to approve the Minutes of June 26, 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
In regard to Item NO.4, Consideration of Recommendations From the CATV Commission
Regarding a survey of Cable TV Subscribers Relating to Public, Education, and
Government Channel viewership, Council member Jones had questions regarding the
survey questionnaire, page 2, NO. 12, and suggested that the times not be overlapped.
Also, on page 2, NO. 14, an age category of 35 to 44 appears to have been overlooKed.
Council member carroll recommended that a cover letter or a transmittal letter on City
letterhead Indicating who Is sending the survey, who wants It survey and who would
benefit Included with the survey document. He suggested that the Channel numbers be
Included with the Channel name. Councilmember Jones said that she felt Item No. 14
was unnecessary and asked that its inclusion be reconsidered. Council member Kerry
commented that It was desirable to limit the survey to two pages, with the
questionnaire printed on City letterhead. It was moved by Council member Jones and
seconded by Council member Carroll to approve the survey with the suggested changes,
authorize staff to proceed with developing the final questionnaire and reviewed before
being sent. 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 5:40 p.m. to enable the Council to
enter into a Closed session to discuss those agendized matters of: Conference with
Legal Counsel on four Existing LItigations (Government Code Section 54956.9(a), Citizens
Association for the Sensible Development of warland center, orange county Superior
Court Cases No. 737801 and 744436; worKers compensation APpeals Board Case No. VNO
0303455 and VNO 0305867; LIability Claims (Government Code Section 54956.95) Shari &
Glenn Morinishl vs. City of Cypress and PUblic Employment (Government Code section
54957) of City Manager. The meeting reconvened at 7:40 p.m. with all Council members
present. Also present were staff members Bacock, Christoffels, Decarlo, Kelly, Krauss and
storey.
PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor pro Tem Walter Bowman.
The City Manager summarized the actions taKen by the City council during the 5:30
portion of the Agenda.
The City Attorney reviewed discussions on the six agendlzed Items all of Which, with one
exception, were pending litigation claims on Warland and Cypress land, two Workers'
compensation AppealS Board cases, one liability claim and the City Manager's
Employment Agreement.
PRESENTATIONS:
Mr. Johnnie PerKins, Chairman of the Cypress Community Festival Association, made
presentations to each Councllmember of 1995 Festival memorabilia and recognized the
Business community for their sponsorship of the Festival. Ms. Alice Rogers, Vice-Chair of
2
7-o5/..3
473
CITY COUNCIL MINUTES
July 10, 1995
the community Festival, read the calendar of Events that will be held during the week
of July 14 through 22.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Bob Sundwall, 5486 vista Sierra, Cypress, told the Council that he and his wife
supported them all the way regardless of the outcome of the recall election. He
requested that the City Council consider preventing leaf blowers from being used in the
City. Mayor Age advised that Mr. Sundwall will receive a reply from the City on the leaf
blowers by letter.
Mr. Alan Buck, 6073 Nauru street, Cypress, stated that he had warned the City Council of
the criminal acts perpetrated by the Warland Development company in their submission
of a faUlty environmental document over a month ago. He stili has not heard from the
City Attorney and he has taKen the liberty of sending letters to the O.C. District
Attorney's office, State Department of National Resources and several other regulatory
agencies.
Mr. Mike Gritchen, 11619 Malden street, Cypress, said that he has never said that
everything the Council did was wrong. But he looked for a balance In government and
when the misrepresentations, problems, misconceptions outweigh the gOOd, then it Is
time to take action. He wondered if Councllmember Bowman paid all legal fees or his
legal fees only. He addressed the postcards the citizens were asKed to return to remove
their names from the recall petition. He asked how the postage for the return post
card is being Charged to the City's first class mail permit number and paid for by City
funds. Councilmember Bowman responded that the Business Reply mall permit is under
"Citizens for Walter K. Bowman" and all return postage Is paid for by that group.
Ms. JO Dutro, 10002 St. stephen Circle, Cypress, commented that the recall process Is
supposed to be used to recall corrupt politicians, not to be used for special interest
groups at the cost of the taxpayers. She suggested that the recall committee get the
facts straight.
Mrs. paula English, 5975 Suva street, Cypress, reported that citizens have received mailers
mentioning the cost of the recall election and warland Drive. She mentioned the
granting of a 20 year contract for Brlggeman Disposal without outside bids. There
needs to be Improved communication between the City Council and the residents of
Cypress.
Mr. Don Wesllng, 11431 Anegada street, Cypress, stated that he had his property
appraIsed and he would lose $25 to $35,000 because of the building of the Shaw
warehouse. He pointed out that the beeping noise from the excavators Is very
disrupting and can be heard thrOUghout the neighbOrhood.
Councilmember Bowman stated that the Council dId listen to the residents, they just
didn't agree with what they said.
Mr. Tony smith, 6033 Trinidad Avenue, Cypress, reported that flyers had been received
from Mayor Age and Council members Kerry and Bowman. They contain half-truths,
misinformation and outright lies that exemplify the reasons for the recall and he
proceeded to address those issues. The recall Is initiated to clean up the City and is a
very small price to pay to clean up the bad government and restore control of the City
to the people of Cypress.
Mayor Age stated that she has not sent out any campaign literature yet.
Ms. Kitty Gritchen, 11619 Malden street, Cypress, addressed the business reply postcard
that was a part of Councllmember Bowman's mailer which had a first class permit no.
215 and belonged to the Cypress City Clerk.
Council member Bowman stated that wasn't true, It belonged to the Citizens for Walter
K. Bowman.
MS. Grltchen said that she had called the post office and that is what the post office had
told her.
Mr. Darrln Mccarty, 8911 Electric street, Cypress, requested he placed on the Agenda
regarding the some discrepancies In conditional use permit 94-8.
3
474
CITY COUNCIL MINUTES
July 10, 1995
Mayor Age asked that Mr. MCcarty contact the City Manager In the morning and If It
needs to come to the council, to put It on the next Agenda.
MS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, asked If the City had received a check
from Brlggeman Disposal for money owed the City and she mentioned that
Council member Bowman had received $10,000 In Income from Brlggeman.
The City Manager reported that a letter was received from Brlggeman Indicating they
had found a problem during an audit In the Commercial Industrial franchise fees In the
amount of approximately $45,000. A check had been received for $10,000 and the
balance will be received by Friday.
Ms. Simcox asKed when the franchise agreement would be available and If the audit
would be made available. She mentioned the close association between George
Brlggeman and the Cypress City Council and requested that an audit be done back to
1993 when the Initial ten year franchise was approved.
Council member Bowman explained that his transaction In 1991 was with the son of the
owner of Brlggeman Disposal for the sale of real estate In excess of $10,000.
Ms Jane Wozniak, 4480 Avenida Granada, Cypress, asked Council members Jones and
Carroll If they accepted campaign contributions and/or gratuities from Briggeman
Disposal and If full disclosure was made. She also asked the two new Councllmembers If
they supported decisions agreed to prior to taking office.
Councllmember Jones said that she made disclosure on her campaign contribution
forms. Regarding the Shaw property, she had stated she was in favor of the project and
she supported and would enforce all the decisions made by a previous Council that are
in effect.
Councllmember Carroll advised that his financial records are publiC information and can
be reviewed at any time. Referring to Candidates' Night, he did state that he looked
favorably upon business expansion. He also had stated that the process was badly
handled. The vote was taken that night and there wasn't enough pUbliC discussion or
enough facts. He does support business development In Cypress. His job is to carry out
the laws of the City and the Warland project has been to court and the court has said It
Is okay to build the project.
Mr. Will B. King, orange county Gadfly, stated that a recall would be a mistake because It
wouldn't serve much of a purpose. He believed there was a solution to a problem and
the City Council should worK with the citizens.
Mr. Reynold Elkin, 4034 orange Avenue, Cypress, stated that he is a member of the Fiscal
stability committee, none of the City Council is a part of the committee and they are
just a group of citizens with a different idea. He quoted several statements that were
not complete.
Ms. Alice Rogers, 4219 Dover Circle, Cypress, confirmed the voting on Diamond Sports,
asked if other votes on development had been 5-0 most of the time. She asKed why
only three Councllmembers were condemned.
Council member Carroll responded that the Brlggeman vote was on an extension to the
contract and to consider a loan of $700,000. Subsequently, the contract was amended
to be far more favorable to the City, In his opinion.
Mr. Gritchen again asked if Mr. Bowman had paid all the legal fees connected with his
1989 lawsuit.
Mr. Loren van Tuyl, 9542 Margaret street, Cypress, had asked how many residents from
the south end are chairing activities connected to the Community Festival and the
response was one. In fact, it is not known whether any volunteered to help with the
festival. What have they done for the City other than cost money and raise hell. They
are not doers, they are undoers.
The City Attorney clarified his position in relation to Dr. Buck's comments. The City
Attorney had said at the last meeting that he would enlist Dr. Buck's help In the event
that they wanted to validate the allegations on the face of the letter sent to the City
Council first. He emphasized that If Dr. BucK Is enlisted to assist the City, It is going to be
4
./ - J / .:.
475
CITY COUNCIL MINUTES
July 10, 1995
in the event some reasonable evidence Is found to support any criminal wrongdoing.
These are allegations that have not been proven and may not be proven.
Mayor Age stated that they have, for months, listened to distorted pictures and
campaign literature put out by the citizens in the south end on the recall. It was now
her turn and she was going to use this as a forum and will be bringing In her campaign
literature.
Councllmember Kerry mentioned several statements made and some response was
advisable: The question came up as to the cost of Warland Drive and she asked staff to
explain. The City Manager said that a major part of the cost was the right-of-way.
Councllmember Kerry clarified that current figures are that the election will run
approximately $70,000.
Mayor Age asked for the completed trash rate survey from the Recycling Coordinator.
The City Manager advised that it is now completed and can be made available.
Council member Carroll referred to campaign contributions and the number of
registered voters who contribute to the campaign of people they endorse Is very small.
He asked citizens who prefer a candidate have to put their money where their feelings
are and support those people.
ORAL COMMUNICATION: For Clarification of Matters on the 7:30 P.M. Agenda.
Ms. Kathy Simcox, 6143 Trinidad Avenue, Cypress, asKed that Item No. 10 be explained to
the public when it comes before the Council.
Mr. George Session, Cypress, remarked that his wife was very Interested In having the
Cypress junior and senior high schools PUll out of the Anaheim Union School District.
With the excellent elementary school system, it would follow that the junior and senior
high schools would be as good or better if they were under the Cypress SchOOl District.
He will start looking Into how LOS Alamitos pulled out of Anaheim Union and believed
Cypress could do the same thing. He asked for the Council's support and would
appreciate any help the City could give him.
CONTINUATION OF 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 opened the PUblic hearing. The community Development Director summarized the
staff report dated JUlY 3, 1995, which represented a request to operate a convenience
store, including off-sale beer and wine, within an existing 1,017 square foot commercial
lease space. The proposed mini-marKet, with off-sale beer and Wine, meets all
development codes and standards for retail commercial uses set forth in the Cypress
Zoning Ordinance. Additionally, the proposed project has been determined to be
categorically exempt, class 1, in accordance with the California Environmental Quality
Act. Staff Is withholding a final recommendation for approval of the proposed use
pending policy direction from the City Council regarding a determination of "public
convenience or necessity" of proposed liquor sales uses. Notices of this pUblic hearing
were posted, published ad mailed to all property owners within 300 feet of the subject
parcel. TO date, staff has not received any communication regarding the proposed
project.
Mr. Munamar Ahmed, cerritos, stated that he already has a convenience store in Long
Beach and has no problems there. He felt that the store would help to eliminate the
vacancy factor in the center and be convenient for the area.
Mr. John Winchell, representing Mr. Ahmed on the lease, drew the Council's attention to
the map with the staff report and two stores that have ABC licenses are on the
northwest corner of Ball and Moody and the saturation Is spread over the whOle
peripheral area rather than concentrated In one area.
Mayor Age asked If anyone wished to speaK in favor of the application.
Mr. Will B. King stated he liKed convenience and he Is pro-business and nObody should
have the power to sit on a board and piCk and choose If they want this business In the
City or not. He asKed that the decision be made In the applicant'S favor.
The Mayor asKed if anyone wished to speak In opposition to the application.
5
c
476
CITY COUNCIL MINUTES
July 10, 1995
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, said he was opposed to alcohol as a
beverage, and the feeling stili exists that the government could prohibit alcohol if they
wanted to. There is no Inconvenience to anyone In the City obtaining alcohol, it is
everywhere.
NO one else wished to speaK In support of or in opposition to the application.
Councllmember Kerry said this Is a very small and inaccessible center with only two
driveways and If is very difficult to enter. The only way in for trucks Is through the
front door and she could not justifY approving this type of use. She would vote In
opposition to this project.
Councllmember Carroll commented that the overconcentration of liquor stores have
really deteriorated the communities. There is no Inconvenient place In Cypress to buy
alcoholic beverages and he would vote against the application.
It was moved by Councllmember Jones and seconded by Councilmember Bowman to
close the pUblic hearing, and adopt a Resolution by title only, title as follows, denying
CUP No. 95-10 based on parKing conditions, findings that the proposed off-sale beer and
wine use would result in undue concentration of off-sale liquor licenses, and there Is no
public necessity or convenience served by this project.
RESOLUTION NO. 4508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING CONDITIONAL
USE PERMIT NO. 95-10.
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: RENEWAL OF CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT NO.1 FOR FISCAL YEAR 1995-96, CITY OF CYPRESS
PROJECT NO. 8615-90: The public hearing was opened by Mayor Age. The City Manager
asKed the PUblic Works Director to present the staff report dated June 29, 1995, which
described the provision for assessments on Cypress Business ParK properties which abut
the channel. District NO.1 was established to provide for ongoing maintenance of the
Stanton Channel landscape berm and the assessments will assure the maintenance of
the berm during fiscal year 1995-96. Affidavits of posting and publication of these
notices are on file In the office of the City ClerK.
Mayor Age asked If anyone wished to speak In support of or in opposition to the
renewal. NO one spoKe.
It was moved by Council member Bowman and seconded by Council member Kerry to
close the publiC hearing and adopt the Resolution by title only, title as follows, ordering
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.
RESOLUTION NO. 4509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING
THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE
DISTRICT NO.1 FOR FISCAL YEAR 1995-96, PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
RECESS: Mayor Age recessed the meeting at 9:15 p.m. and reconvened at 9:30 p.m. with
all Councllmembers present.
6
7- /0/
47
CITY COUNCIL MINUTES
JUly 10, 1995
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 95-30, REQUEST TO CONSTRUCT A SECOND
STORY ADDITION TO AN EXISTING RESIDENCE, 11696 JAVA STREET, CYPRESS: The City Manager
requested the community Development Director summarize the staff report dated June
23, 1995, which represented a request to construct a 336 square foot second stOry
addition to an existing single family residence located at 11696 Java Street. She
provided the Council with two sets of pictures that had been taKen by the applicant.
They show fronts of structures that have a similar roof line in the neighborhood and a
home In another city that has the roof line as an addition. The expansion will create a
new second stOry stUdY and family room which proposes a roof line that is
arChitecturally inconsistent with the existing gable roof line. The applicant Is requesting
this design to accommodate perpendicular front windows along the top of the highest
interior wall, thereby allOwing more natural light Into the rooms. Staff is concerned
because of the significant difference in the roof design, as well as the fact that no other
additions have been built In this neighborhood which are inconsistent with the original
structure. However, since this addition would only be visible to adjacent properties and
not visible from the street, the architectural Impact may not be significant. TWo design
optIons were outlined for "modern roof line" and "gable roof line."
There were several questIons and answers from the Council on the proposed roof line.
Mr. courtney seligman, 11696 Java Street, Cypress, looKed at some of the pictures and
stated that the bacK would be somewhat similar, but he believed the two pictures he
took, showed the looK more correctlY. The addition Is being deSigned so it will not be
visible from the street at all. He could asK the neighbors If they would object to the
second stOry addition.
After further questioning, Mayor Age stated that it was very difficult to visualize what
the addition will look like and asked If there would be any objection from the applicant
if this item were continued so a rendering could be made.
Councilmember Bowman remarked that the problem the Council is struggling with Is
the fact that the appearance of the project is not clearly presented.
It was moved by councllmember Kerry and seconded by council member Carroll to
continue this Item to the City Council meeting of July 24, 1995 to allow the owner time
to meet with staff. 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 POLICY DIRECTION, BURGER KING PLAYLAND, 10501 KNOTT AVENUE,
CYPRESS: The staff report dated June 26, 1995 was presented by community
Development Director Chris Kelly. The Burger King development was approved under
Conditional Use Permit No. 94-20 for the establishment of a fast food restaurant at the
corner of Cerrltos Avenue and Knott Street. DUring plan check submittal, Burger King
Included the Installation of the Playland with their revised plans without Informing the
Planning Department of this addition. This Installation does not impact the vehicle
circulation of the site because It did not eliminate any parKing. The Cypress zoning
Code'S current list of commercial uses does not specifically list Playlands as part of fast
food restaurants accessory uses. Staff would like policy direction regarding this matter
and an outline of the Issues Identified were listed for the Council's review.
Council member Kerry expressed concern of a restaurant next to residential and If a
conditional use permit Is not required then a Playland could be built without Council
approval.
Council member Jones would request that the Play lands be required to have conditional
use permits.
Councllmember Carroll stated that, of the three optIons offered, he would support the
first
Responding to Councilmember Bowman, the Building Official replied that her
department has signed off on the building Itself but not the Playland. He concurred that
this is an Issue that the Council has to review on a case-by.case basis.
7
478
CITY COUNCIL MINUTES
JUly 10, 1995
It was moved by Councllmember Jones and seconded by Councllmember Bowman to
determine that the findings of Conditional use Permit No. 94-20 are affected and staff Is
directed to Inform the property owner that an amendment to the permit will be
required. 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 ADOPTION OF RESOLUTIONS REQUIRED FOR THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7. 1995: The City Clerk presented the staff
report dated July 5, 1995, which described a series of Resolutions required pursuant to
the Elections Code, which Includes the ten Advisory Measures the City Council placed on
the ballot. He suggested that It would be appropriate to consider each resolution,
discuss the content and have clarification from the City Clerk's office or the City
Attorney. The first Resolution calls the election pursuant to the recall provisions of the
Elections Code which requires the City Council to schedule an election within 14 days of
receiving the certification of signature sufficiency from the City Clerk. Under the new
State law both the question of the recall and electing a successor are to be held
simultaneously In one election. There followed discussion on the various aspects or
avenues this particular type of an election might taKe.
The City Clerk mentioned that the City Attorney's Impartial analysis would explain to the
voters the series of ways the ballot can be voted.
Responding to Mayor Age, the City Attorney explained one election vs. two elections
and why the difficulty In making that determination. However, the Legislative Counsel
has Indicated which legislation is effective and everyone seems to be following the
direction of one election.
Mayor Age stated that she did not have a problem with setting an election date, but she
did have a problem not knowing what the language means. The City Attorney advised
that Council can call for the election subject to the language on the resolution and
ballot measures confirmed by the City Attorney at the next Council meeting to provide
some degree of certainty what the prevailing law is with respect to the wording. He
also advised that he did have some changes on the adviSOry measures.
Council member Bowman concurred that some clarification was needed on the format.
The public has to be aware that one of the situations is that it Is not like voting In a
normal election and not everyone Is running "at large." There has to be further
clarification as to one/two elections and on the wording. He agreed to set the date of
the election, but continue the rest of the item as far as the format of the ballot for the
recall until clarification Is received and separate the issues.
Mayor Age reiterated that they wanted clarification on the one/two elections, ballot
language, what the City has done in the past where they have run "at large" and not for
one specific seat. She also asked for a legiSlative opinion on the one section that was
not amended, which prohibits recalled City officers from filing a candidate's statement.
The City Attorney advised that any language In any other candidate's statement that
references the recall or any Councilmember will be stricKen. Council member Kerry
expressed agreement in setting only the date of the election and to discuss the advisory
measures. AS to the wording in Section 2, a lot of evaluation and Interpretation needs
to be made.
Council member Carroll commented that he would liKe the election to be settled at the
polls and not in the courts.
It was moved by Councllmember Bowman and seconded by Councilmember Jones to
adopt a Resolution by title only, title as fOllOWS, calling and giving notice of a special
Municipal Election to be Held on November 7, 1995.
RESOLUTION NO. 4510
A RESOLUTION CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 7, 1995, FOR THE SUBMISSION OF THE QUESTION TO RECALL
CERTAIN OFFICERS AND THE ELECTION OF CANDIDATES TO FILL THE VACANCY, IF THE
RECALL PREVAILS.
8
479
CITY COUNCIL MINUTES
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
Mayor Age stated that the advisory measures will be voted on Individually. The first
measure as the Arnold/Cypress Park Renovation. Council member Jones said she thought
the cost to the citizens should be spelled out In the measure. The Finance Director
advised that providing a per capita figure for each measure would not cause a problem.
If bonding Is going to be considered, it would be spread over many year and businesses
would be paying too.
After extensive discussion on Including the cost to Implement the various advisory
measures, Council member Bowman suggested that the cost projection be included In
the City Attorney'S impartial analysis rather than the ballot measures. The City Attorney
said that he did not want to give the public any Indication In the Impartial analysis that
It would be an accurate cost in the event the measure Is considered. There will be a
general figure because of the many avenues of financing.
Councllmember Carroll suggested that there be a preamble that he would liKe to see
precede the measures, as follows, "Voting on the following advisory measures Is for
survey purposes only. Your vote on these measures does not give specific direction to
the City of Cypress. The City of Cypress, Its departments and agencies are not obligated
to taKe any specific actions on these measures as a result of this ballot outcome. The
financial cost estimate for each of these measures Includes for each of these measures
includes only the Initial startup or acquisition costs. The yearly operating costs are not
Included. Financing any or all of these measures would come from an Increase in your
taxes unless some other source of revenue would be found." Council member Bowman
concurred. The City Attorney thought it a good Idea and would try to Include
something liKe it in his impartial analyses.
Councllmember carroll commented that all these programs would be nice to have, but
they are not free, somebody is gOing to have to pay for them and it ought to be very
clearly stated.
The City ClerK advised that the impartial analyses has to be filed by August 1.
Council member Kerry stated that she didn't believe It was necessary for the City
Attorney to provide an Impartial analyses on each adviSOry measure. She believed a
single generic statement could be made for all the measures, approved by the City
Council. Council member Bowman concurred.
Council member Kerry asked that on the first measure she would
agree to the one time expense per capita and she wanted a one time expense listed for
each item.
The Finance Director commented that the per capita will advise voters only of their
share.
Council member Carroll said that the per capita cost would not be Known until the
project is financed.
Council member Kerry asked that the public be made aware that there would be
hearings and input with funding sources to be determined at that time.
It was moved by Council member Jones and seconded by Council member Kerry to
approve the wording on the advisory measure of the Arnold/cypress ParK Renovation to
be placed on the November 7,1995 ballot. 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
On the wording for the second advisory measure, Renovation and Development of
Soccer Sports Fields, the City Attorney made the following Changes to the wording.
9
-/. /...
480
CITY COUNCIL MINUTES
July 10, 1995
"Shall the City of Cypress consider financing an estimated 5250,000 cost for field
renovations at Lexington Jr. High school, including the addition of field lights at
Lexington Jr. High School, the old Oxford Jr. High school, and Cypress High SChool,
partially sharing the cost with American Youth Soccer Organization lAYSO)?"
It was moved by Council member Jones and seconded by Council member Kerry to
approve the wording for the advisory measure on the Renovation and Development of
SOccer sports Fields to be placed on the November 7,1995 ballot. 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 "COmmunity ParK Development," Council member Kerry suggested a change
to the advisory measure Wording. There was a discussion on the estimated cost of the
property, Councllmember Carroll suggested the owners of the property be contacted
and the wording approved condltionallv. It was moved by Council member Kerry and
seconded by Council member Bowman to approve the wording on the advisory measure,
as amended, "Shall the City of Cypress consider financing an estimated 535 million for
land acquisition and construction of a proposed apprOXimately 30-acre community parK
and facilities located in the area south of Katella Avenue and west of valley View street,
including restrooms, play equipment, sports fields, parKing, and picnic areas?" to be
placed on the November 7, 1995 ballot. 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 reference to the measure on the Multi-use CUltural Arts Facility, It was moved by
Councilmember Bowman and seconded by Councllmember Carroll to approve the
wording for the adviSOry measure as follows: "Shall the City of Cypress consider
financing an estimated 53 million for land acquisition and building construction and/or
refurbishment for a multi-use cultural arts facility serving the Cypress Civic Theater,
children and adult dance programs, the Cypress Art League and community gallery, as
well as conferences and public rental?" to be placed on the November 7,1996 ballot.
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 separate motions, It was moved by Council member Jones and seconded by
Councilmember Kerry to approve the wording on the FloOd Control Facilities, Adult Day
Care Facility and Veterans Park Gymnasium and Multi-Use Facility - Phase II advisory
measures, as submitted, to be placed on the November 7, 1995 ballot. 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 Youth sports Field Lighted Facilities, the City Attorney increased the cost
figure of 5225,000 to 5295,000. It was moved by Councllmember Kerry and seconded by
Council member Jones to approve the wording of this advisory measure, as submitted,
to be placed on the November 7, 1995 ballot. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
With regard to the Direct Election of Mayor, Mayor Age requested that the wording be
added to reflect "two terms." Council member Kerry stated, for the record, that she was
opposed to this. It turns the Mayor'S position Into a very political Issue, which she
doesn't believe is appropriate In this City. She believed making this a political issue was
CITY COUNCIL MINUTES
--7- /0///
481
July 10, 1995
482
CITY COUNCIL MINUTES
July 10, 1995
RESOLUTION NO. 4511
A RESOLUTION REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO
RENDER SPECIFIED SERVICES TO THE CITY RELATED TO THE CONDUCT OF THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 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
It was moved by Council member Kerry and seconded by Council member Jones to
continue the adoption of Resolution C regarding impartial analyses to the meeting of
July 24, 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
It was moved by Council member Carroll and seconded by Council member Jones to
adopt Resolution D by title only, title as fOllows, ordering the canvass of the special
municipal election.
RESOLUTION NO. 4512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING
THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 7, 1995, BE MADE BY THE CITY CLERK.
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 CYPRESS COMMUNITY SAFETY ADVISORY COMMITTEE: The City Manager
called upon Police captain Krauss to present the staff report dated July 6,1995, which
listed eight individuals who responded to advertisements for citizen volunteers to serve
on the Cypress community safety Advisory Committee. The Committee is to focus Its
study worKing In the are of General Law Enforcement services, Emergency Services and
Disaster Preparedness and General PUblic Safety Issues in the City.
It was moved by Councilmember Kerry and seconded by Council member Carroll to
appoint all eight applications to the community safety Advisory Committee. 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
Because of the lateness of the hour, it was moved by Council member Kerry and
seconded by Councllmember Jones to continue the City Council meeting past the hour
of 11:30 p.m. 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 STAFF'S PRESENCE AT CITY COUNCIL MEETINGS: Council member Carroll
had requested that this Item be placed on the agenda because some of the staff
members are at the Council meeting and they don't have any Items on the agenda. He
suggested that the warrants be considered earlier In the meetings and structure the
meetings so only those that have a role would have to be in attendance.
Council member Kerry said to have to postpone an Issue because a staff member Is not
present and an answer not forthcoming would be detrimental.
12
482
CITY COUNCIL MINUTES
July 10, 1995
RESOLUTION NO. 4511
A RESOLUTION REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO
RENDER SPECIFIED SERVICES TO THE CITY RELATED TO THE CONDUCT OF THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 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
It was moved by Councllmember Kerry and seconded by Councilmember Jones to
continue the adoption of Resolution C regarding Impartial analyses to the meeting of
July 24, 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
It was moved by Councilmember Carroll and seconded by Councilmember Jones to
adopt Resolution 0 by title only, title as fOllOWS, ordering the canvass of the special
municipal election.
RESOLUTION NO. 4512
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING
THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 7, 1995, BE MADE BY THE CITY CLERK.
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 CYPRESS COMMUNITY SAFETY ADVISORY COMMITTEE: The City Manager
called upon Police captain Krauss to present the staff report dated July 6, 1995, which
listed eight Individuals who responded to advertisements for citizen volunteers to serve
on the Cypress Community safety Advisory Committee. The Committee Is to focus Its
stUdy working In the are of General Law Enforcement services, Emergency Services and
Disaster Preparedness and General Public safety Issues in the City.
It was moved by Council member Kerry and seconded by Council member Carroll to
appoint all eight applications to the community Safety Advisory Committee. 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
Because of the lateness of the hour, It was moved by Council member Kerry and
seconded by Councilmember Jones to continue the City Council meeting past the hour
of 11:30 p.m. 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 STAFF'S PRESENCE AT CITY COUNCIL MEETINGS: Councilmember Carroll
had requested that this Item be placed on the agenda because some of the staff
members are at the Council meeting and they don't have any Items on the agenda. He
suggested that the warrants be considered earlier in the meetings and structure the
meetings so only those that have a role would have to be In attendance.
Councilmember Kerry said to have to postpone an Issue because a staff member Is not
present and an answer not forthcoming would be detrimental.
12
"7_ t L ,/
~f3
CITY COUNCIL MINUTES
JUly 10, 1995
Mayor Age said she would always want the Chief present, there were questions about
each department head's area of expertise and these things would have to be continued
If staff wasn't present. Also, during oral communications, If there Is a problem staff can
provide responses.
Councilmember Bowman commented that it was Important that the City Manager direct
staff and if the City Manager felt staff should be present, that's his decision.
Councllmember Jones concurred and she suggested that the item be tabled. Hearing
no objection, Mayor Age so ordered.
CONSIDERATION OF STAFF AND COMMISSIONS WORKING RELATIONSHIP: Council member
Carroll had asKed for clarification on which functions and Items staff and the
Commissions would be working together. He mentioned the meeting with the Traffic
Commission and he would liKe to see a matrix of responsibilities by function, with whom
and when there Is Involvement. The City Manager advised that there were manuals for
each Commission.
Council member Kerry remarked that the Commissions should be used whenever
possible and if not, bring the item to Council explaining why it didn't go to the
Commission.
The Community Development Director mentioned the prOblem on Planning items and
the posting of public hearing notices. The rules on Development Reviews do need to be
clarified because it is not a clear issue.
After additional discussion, the City Manager remarKed that this subject was brought up
at the joint meeting with the Traffic Commission and staff will be addressing the issue.
The City Attorney advised that there are state law on how Commissions handle projects
that ultimately come before the Council.
CONSIDERATION OF A RESOLUTION MAKING CERTAIN FINDINGS IN CONNECTION WITH A
DISABILITY RETIREMENT APPLICATION FOR MATTHEW ROBINSON: The City Attorney
presented the staff report dated July 6,1995 requesting that the Council maKe the
determination of the member'S disability in accordance with sections 21024 and 21025
of the Government Code. In addition the employer can also maKe a finding regarding
the industrial or non-Industrial relationship of the disabling injury to the member'S
work. The Council had received the latest medical records on the employee and Council
Is asked to make a finding with respect to granting or denying the disability retirement
application.
It was moved by Councllmember Jones and seconded by Councilmember Kerry to adopt
the Resolution by title only, title as follows, denying an industrial disability retirement
for Matthew Robinson.
RESOLUTION NO. 4513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, MAKING CERTAIN
FINDINGS IN CONNECTION WITH A CLAIM FOR DISABILITY RETIREMENT.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 15735 -15736: 15961 -
16187: It was moved by Council member Kerry and seconded by Councllmember Carroll
to approve the Warrants No. 15735 and 15736 and 15961 through 16176. 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.
13
1%4
CITY COUNCIL MINUTES
July 10,1995
Mr. Will B. King, P.O. BOX 2795, Costa Mesa, recommended the Council adopt a Resolution
to have their Board of Supervisors member attend a Cypress City Council meeting. He
said he has attended many City Council meetings In different cities. The amount of
money that the recall will cost is just ridiculous. He asked for two City pins and he said
receipt of City pins will keep him away from Council meetings.
Mr. Don wesling, 11431 Anegada Street, Cypress, commented on the proposed advisory
measures to be placed on the ballot and thought the 20% from Shaw for sports facilities
was a good idea. He felt the 80% ought to be given to the residents for destruction and
loss of property values that the residents are going to suffer If the warehouse goes In.
He asKed what the Councilmembers job was when they were elected and Mayor Age and
Councllmember Kerry responded. Mr. wesllng referred to page 13 of the Development
Agreement between the City and Warland. Council member Kerry asked the Finance
Director to look at that page and provide an interpretation. He did not believe that the
statements made by the recall committee were lies and they could be verified.
Ms. Kathy Simcox, 6143 Trinidad AVenue, Cypress, referred to the Brlggeman franchise,
county-wide fee schedule and asKed when she could see that schedule. The City
Manager would provide Council with a copy at the next meeting and copies would be
available the Friday before the Council meeting. Ms. Simcox asked if it were possible to
have an audit on Briggeman Disposal for eight quarters since 1993. The City Manager
commented that it is the City's Intention to conduct an audit on the franchise. The
Finance Director explained that at this time, It is planned to audit the franchise for 12
month period and if significant Changes are found, the audit will be extended. Ms.
Simcox questioned MaYOr Age'S campaign contributions from businesses outside the City
of Cypress and she read the breaKdown. She challenged Mayor Age and Council member
Bowman to let the people of cypress support them and not take contributions from
outside business Interests.
Councllmember Bowman commented that political action groups do represent the
people of Cypress.
Mayor Age stated that she was sick and tired of all the lies and distortions. The Issues
are not even being looked at any longer.
Councilmember Kerry remarKed that by insinuation she has been added into a group
and either she is Included and her name added or they don't have anything on her,
which is the truth.
Mr. Reynold ElKin, Orange, Cypress, finished his presentation by addressing the Cypress
Recall Committee and the Citizens for Sensible Development. If they can prove illegal
actions of any of their claims, they could save the City of Cypress a lot of money and
effort because a recall would not be needed.
CLOSED SESSION: Mayor Age recessed the meeting at 12:45 a.m. to allow the Council to
enter into Closed Session. The meeting reconvened at 1:10 a.m. with all
Council members present.
ADJOURNMENT: Mayor Age adjourned the meeting at 1:10 a.m. to 5:00 p.m. on July 24,
1995 In the Administrative Conference Room for a joint meeting with the Cypress Senior
Citizens Commission.
~../.,~. ';( ~
(MAYOR OF THE CITY OF R
ATTEST:
Ii ~
I
/ ~
/ . -t
cf CL~ crr~j}F CYPRESS
/
14