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Minutes 96-10-28- MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 28, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, October 28, 1996, in the Council Chamber, 5275 Orange Avenue, Mayor Walter K. Bowman presiding. PRESENT: Councilmembers Age, Carroll, Kerry and Bowman ABSENT: Councilmember Jones Also present were the City Manager Mark Ochenduszko, City Attorney John Cavanaugh and staff members Bacock and Storey. Mr. Philip L. Anthony, a Member of the Board of Directors of the Orange County Water District, spoke on the importance of the passage of Proposition 204 to bring water to Orange County. Mr. Johnnie Perkins, Member of the Recreation and Community Services Commission, questioned the advisability of granting a waiver of fees for the Union of Sisters of the presentation of the Blessed Virgin Mary fundraiser, Item No. 24 on the Consent Calendar. COUNCILMEMBER JONES ARRIVED AT 5:40 P.M. CLOSED SESSION: Mayor Bowman recessed the meeting at 5:43 p.m. to enable the Council to enter into Closed Session to discuss the agendized items on Conference with Labor Negotiator (Government Code Section 54957.6) for the Cypress Employees', Mid - Management Employees', Public Works Maintenance Supervisors' and Maintenance Employees' Associations; Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9) and Liability Claims (Government Code Section 54956.95) Gary F. Briggs vs. City of Cypress. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Jones. PRESENTATIONS: Mr. Bill Wood of PacifiCare presented grant award funds to Cypress Police Chief Daryl Wicker in the amount of $10,000. The Chief introduced Officer Javier Godinez and Sgt. Ray Peterson who had written the grant to the PacifiCare Foundation on addressing the issue of gang violence. Mayor Bowman acknowledged the following donors to the D.A.R.E. Program: Ms. Mariellen Day (3rd consecutive year) American Youth Soccer Organization, Region 154 Mr. Gary Bullerdick & staff of ReMax/Tiffany Real Estate Dickerson Elementary School PTA Certificates of Special Recognition were given to members of the Wicker Drive Land Use Advisory Committee by Mayor Bowman. The City Manager reported that the City received, from the League of California Cities, the 1996 California Cities Helen Putnam Award for Excellence to the City of Cypress for the Cypress Park Senior Community Project, a cooperative venture between the City of Cypress and the Cypress Elementary School District. The City Manager reviewed the Council Workshop Session held October 21, 1996 with staff presenting information on land use and traffic issues related to the Cypress Business and Professional Center's Specific Pian. He reviewed discussions held during Closed Session on Conference with Labor Negotiator, denial of Liability Claim filed by Gary F. Briggs against the City of Cypress and Conference with Legal Counsel - Anticipated Litigation which will be considered further at the conclusion of the evening's agenda. 1 372 CITY COUNCIL MINUTES October 28, 1996 The City Attorney added that the Gary F. Briggs claim was rejected by a five to zero Council vote. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. Ms. Kathy Simcox asked if public comment would be received on Item No. 31, the Daytime Curfew/Truancy Ordinance and Mayor Bowman responded in the affirmative. No one else spoke. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR COMPUTER PROGRAMMING AND NETWORK SUPPORT: The City Manager asked the Finance Director to present the staff report regarding the current contract with A.H. Consultants, Inc., for programming the City's daily business applications, developmental work on new programs and network assistance. The current contracted hours will be expended by December 6, 1996. The City has occasionally contracted with DataSmith Systems at $55.00 per hour and Mark Woodrow and Associates at $60.00 per hour. A.H. Consultants combines its knowledge of City systems with a favorable rate of $50.00 per hour. It was moved by Councilmember Carroll and seconded by Councilmember Jones to approve an award of contract for on-going computer system programming and network support services to A.H. Consultants, Inc., 801 Pine Street, Suite 105, Long Beach, CA 90813, for an amount not to exceed $50,000, equating to 30 hours per week, through the end of fiscal year 1997. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT TO REPLACE A POLICE VAN: The Police Chief reviewed the staff report which sought to replace a 1989 Chevrolet Astro Van used by the Special Enforcement Team with S23,000 allocated for the purchase of a replacement during the 1996/1997 budget process. Three bids were received for the purchase of a police van and approval was requested to award a contract to the lowest bidder, Cormier Chevrolet for a total price of $22,303.01. It was moved by Councilmember Age and seconded by Councilmember Jones to award a contract for the purchase of a 1996 or 1997 Chevrolet Astro Van with a 4.3 V6 Vortex engine to Cormier Chevrolet, 2201 East 223rd Street, Long Beach, California, in an amount not to exceed $22,303.01. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR RESURFACING THE COUNCIL CHAMBER DECK AND STAIRWAYS. PUBLIC WORKS PROJECT NO. 9627: The report was presented by the Public Works Director at the request of the City Manager. Three bids were received for the resurfacing of the Council Chamber deck and stairways which will consist of removing the existing paint, sealing the cracked concrete with a polyurethane sealant and resurfacing the entire area with a liquid -applied polyurethane coating system, suitable for pedestrian traffic. It was moved by Councilmember Carroll and seconded by Councilmember Jones to: 1. Determine the lowest responsible bidder for Public Works Project No. 9627 to be Virgil Vasquez Property Maintenance. 2. Award a contract for the resurfacing of the Council Chamber deck and stairways in the amount of $19,000.00 (award amount of $17,400.00 plus ten percent contingency) to Virgil Vasquez Property Maintenance, 3463 State Street, Suite 256, Santa Barbara, CA 93105. 2 373 CITY COUNCIL MINUTES October 28, 1996 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF THE CITY'S ANNUAL CURB. GUTTER, AND SIDEWALK MAINTENANCE CONTRACT. PUBLIC WORKS PROJECT NO. 9636: The Public Works Director provided information from the staff report which advised that 13 bids were received for the repair of tree damaged curb, gutter and sidewalk. Staff recommended the award of the maintenance contract to the low bidder on the unit prices stated in an amount not to exceed $250,000. He clarified that the current budget is $100,000, and staff asked to award the contract for a not to exceed $250,000 knowing they cannot exceed the budgeted amount. If no other funds are allocated to sidewalk repair during the year, only $100,000 will be spent on the contract. It was moved by Councilmember Age and seconded by Councilmember Jones to award the City's annual curb, gutter and sidewalk maintenance contract to J.H. Rental, Inc., 1107 East Chapman, Suite 106, Orange, California 92866, in an amount not to exceed $250,000. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 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. Councilmember Age asked to remove Items 14 and 23, Request for "No Parking Anytime" Areas at Various Locations and Waiver of Fees for Cypress High School Band Boosters' Monte Carlo Game Night, respectively. Councilmember Carroll asked that Item No. 14 and 16, Federal Housing CDGB Application, be removed. Councilmember Kerry asked that Item No. 8 and 13, Design Review Committee's Approval of DRCs and Request from the Friends of Cawthon Educational Foundation for Waiver of Fees, respectively, be removed. Responding to Mayor Bowman, Councilmember Kerry specifically mentioned Item No. 8(a) and the Mayor wished to remove Item 8(d). The City Manager advised that staff recommended that Item No. 15, Final Approval of Lease Agreement with Cox California PCS, Inc., be removed for City Attorney clarification and Item No. 19, Approval of a Negotiation Agreement Regarding the Cable TV Franchise Renewal for Continental Cablevision, Inc./U.S. West, Inc., be pulled at the applicant's request. It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the Consent Calendar Items No. 5 through 24, with the exception of Items No. 8, 13, 14, 15, 16, 19 and 23. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 5: Motion to Approve City Council Minutes of September 23, 1996, and October 15, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meetings of September 23, 1996 and October 15, 1996, 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 Letter of Resignation From Senior Citizens Commission Alternate, Mary M. Trujillo. Recommendation: That the City Council accept the letter of resignation from Mary M. Trujillo, Senior Citizens Commission Alternate, and authorize staff to advertise for the Alternate position and for the two (2) upcoming Commission vacancies. 3 %i} - Tt 374 CITY COUNCIL MINUTES October 28, 1996 Item No. 9: Consideration of Monthly Investment Program for the Month of September 1996. Recommendation: Receive and file. Item No. 10: Consideration of Resolution Defining Services Provided by the Cypress Police Department as Public Safety Services for Purposes of Computing the Maintenance of Effort Requirements. Recommendation: That the City Council adopt the Resolution by title only, title as follows, defining police protection services of the City's public safety services for purposes of computing the Maintenance of Effort requirements. RESOLUTION NO. 4705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DEFINING SERVICES PROVIDED BY THE CYPRESS POLICE DEPARTMENT AS PUBLIC SAFETY SERVICES FOR PURPOSES OF COMPUTING THE MAINTENANCE OF EFFORT REQUIREMENTS UNDER ASSEMBLY BILL 2788, CHAPTER 886 OF THE 1994 STATUTES. Item No. 11: Consideration of Acceptance of the Improvement of the South Side of Crescent Avenue, Public Works Project No. 9341. Recommendation: That the City Council: 1. Accept the project for the Improvement of the South Side of Crescent Avenue, Public Works Project No. 9341, as being satisfactorily completed in substantial conformance with the project specifications; 2. Approve the final retention payment to Excel Paving Company, 2230 Lemon Avenue, Long Beach, CA 90806, 35 days after the Notice of Completion is filed, if no claims or objections have been filed; and 3. Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of the one year guarantee. Item No. 12: Consideration of Resolution Concerning the Status of the Circulation Element for the City of Cypress. Recommendation: That the City Council adopt the Resolution by title only, title as follows, certifying that the City's Circulation Element is consistent with the County Master Plan of Arterial Highways, thereby making the City of Cypress eligible for receipt of Measure M funding. RESOLUTION NO. 4706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS. Item No. 17: Consideration of Acceptance of Project for Installation of Security Lights at Various Parks, Public Works Project No. 9534. Recommendation: That the City Council: 1) Accept the project for Installation of Security Lights at Various Parks, Public Works Project No. 9534, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $821.60 to B.R.W. Electric, 129 South 19th Street, Suite #C, Montebello, CA 90640, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one (1) year's guarantee upon concurrence of the Director of Public Works. Item No. 18: Consideration of Acceptance of Parcel Map No. 96-138, Property Located at Southeast Corner of Valley View Street and Gateway Drive. Recommendation: That the City Council approve Final Parcel Map No. 96-138, and authorize the City Clerk to sign the Record Map. Item No. 20: Consideration of Employment List - Community Service Officer. Recommendation: Receive and file. 4 CITY COUNCIL MINUTES October 28, 1996 Recreation & Park District Matters: Item No. 21: Consideration of Appropriation of Funds for Community Center Furniture. Recommendation: That the City Council, acting as the ex -officio governing Board of Directors for the Cypress Recreation and Park District, appropriate $21,151 from the unreserved fund balance of the Park District General Fund to Account Number 4350-83- 653-38 for the purchase of the Community Center furniture. Item No. 22: Consideration of New Adult Activity Classes. Recommendation: That the City Council, acting as the ex -officio governing Board of Directors for the Cypress Recreation and Park District, approve the class proposals for Spring 1997. Item No. 24: Consideration of Request for Waiver of Fees for Union of Sisters of the Presentation of the Blessed Virgin Mary Fundraiser (3/8/97). Recommendation: That the City Council, acting as the ex -officio governing Board of Directors for the Cypress Recreation and Park District, approve the request for waiver of fees, excluding the refundable deposit and liability insurance, for Union of Sisters of the Presentation of the Blessed Virgin Mary Fundraiser to be held at the Community Center Auditorium on March 8, 1997. Regarding Item No. 8, Consideration of Design Review Committee's approval of DRC #96- 28, #96-29, #96-30, #96-33, #96-35, and Amendment to DRC #87-24, Councilmember Kerry said she would be abstaining on the approval of DRC #96-28. Mayor Bowman asked for some clarification on DRC #96-33 because it appeared that the antennas would come up above the roof line. He mentioned that there were single family residences within 300 feet of the property and that would have to be considered with this type of antenna. The Community Development Director said that the antennas were flush mounted and did not extend beyond the roof line. Mayor Bowman suggested that this DRC be deferred until later in the meeting. It was moved by Councilmember Kerry and seconded by Councilmember Jones to adopt the Resolutions by title only, titles as follow, approving DRC #96-29, #96-30, #96-35, and Amendment to DRC #87-24 - with conditions. RESOLUTION NO. 4707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-29 - WITH CONDITIONS. RESOLUTION NO. 4708 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-30 - WITH CONDITIONS. RESOLUTION NO. 4709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-35 - WITH CONDITIONS. RESOLUTION NO. 4710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 87-24 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Jones and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving DRC #96-28, with conditions. 5 CITY COUNCIL MINUTES October 28, 1996 RESOLUTION NO. 4711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-28 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry With regard to Item No. 13, Consideration of Request from the Friends of Cawthon Educational Foundation (FOC) for Waiver of Fees for a Temporary Use Permit to Allow a Sign at Veterans Park, Councilmember Kerry had this item removed because she has done business with the Friends of Cawthon and she would abstain on this item. It was moved by Councilmember Carroll and seconded by Councilmember Jones to grant the request to waive the Temporary Use Permit fee of $50.00 for the Friends of Cawthon Educational Foundation fundraiser sign to be displayed at Veterans Park from October 7, 1996 to October 20, 1996. The motion carried with the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry Regarding Item No. 14, Consideration of Request for the Installation of "No Parking Anytime" Areas at Various Locations, Councilmember Age asked if numbers 1 and 2 should be separated in since it may affect Amendment to CUP No. 95-24, which is being continued at the request of the applicant. Mayor Bowman advised that he would need to abstain on number 2 of the Resolution. The Public Works Director advised that the Traffic Commission would have recommended the red curbing on Bishop Street regardless of the outcome of the project regarding Action Alignment. Mayor Bowman said that the item needs to be separated and the first vote will be on Item No. 14.1. It was moved by Councilmember Jones and seconded by Councilmember Kerry to approve the recommendation of the Traffic Commission and adopt a Resolution by title only, title as follows, providing for the installation of "No Parking Anytime" areas on the east side of Grindlay Street, 40 feet south of the intersections of Oxford Drive, Halifax Drive, Hanover Drive and Yorkshire Drive. RESOLUTION NO. 4712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING ANYTIME" AREAS ON GRINDLAY STREET. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the recommendation of the Traffic Commission and adopt a Resolution by title only, title as follows, providing for the installation of "No Parking Anytime" areas on the north and south side of Bishop Street, five feet east of Walker Street. RESOLUTION NO. 4713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING ANYTIME" AREAS ON BISHOP STREET. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones and Kerry 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Bowman 6 /7 377 CITY COUNCIL MINUTES October 28, 1996 In regard to Item No. 15, Consideration of Final Approval of Lease Agreement With Cox California PCS, Inc., for the Placement of a PCS Antenna in the City Yard, the City Attorney advised that subsequent to the item being placed on the agenda, the applicant had requested certain changes in the agreement, which he agreed with, and he then read into the record the changes that were made. It was moved by Councilmember Jones and seconded by Councilmember Kerry to approve the Lease Agreement with Cox California PCS, Inc., for the installation and operation of a PCS antenna at the City Yard, and authorize the Mayor to sign the Lease Agreement on behalf of the City. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Item No. 16, Consideration of Federal Housing and Community Development Block Grant Application - Twenty -Third (23rd) Year, Councilmember Carroll asked how successful the requests for grants have been in the past because this year, staff is asking for considerably more money. The Community Development Director recapped the amounts requested and the amounts received for the past few years. The Public Works Director explained why additional amounts were requested this year and they were primarily for the annexation area. Councilmember Jones asked that thanks be conveyed to the four volunteers on the Committee. Assistant Planner Doug Hawkins said that they had good response from the volunteers and staff would continue to ask for volunteers on a yearly basis. It was moved by Councilmember Carroll and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, approving the City's participation in the 23rd Year Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. RESOLUTION NO. 4714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE 23RD YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None With regard to Item No. 19, Consideration of Approval of a Negotiation Agreement Regarding the Cable TV Franchise Renewal for Continental Cablevision, Inc./U.S. West, Inc., and in response to Mayor Bowman, the Administrative Services Director replied that the City's CATV Attorney has recommended that the Cable Company's proposed agreement not be accepted, but to use the Cable Consultants recommended agreement which further protects the City when informal negotiations are entered into. After some discussion, Mayor Bowman said there was language in the agreement that did concern him. The City Attorney recommended that the item be continued in order to have the Cable TV Attorney make a presentation to the Council. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the Council meeting of November 12, 1996. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 23, regarding the Consideration of Request for waiver of Fees for Cypress High School Band Boosters' Monte Carlo Game Night (10/25/96), was removed from the Consent Calendar by Councilmember Age because her son is a member of the Band Boosters and she will abstain on this item. It was moved by Councilmember Jones and seconded by Councilmember Kerry that the City Council, acting as the ex -officio governing Board of Directors for the Cypress Recreation and Park District, approve the waiver of fees for the Cypress High School Band Boosters' Monte Carlo Night to be held at the Community Center Auditorium on October 25, 1996. The motion carried with the following roll call vote: 7 /C 378 CITY COUNCIL MINUTES AYES: NOES: ABSENT: ABSTAINED: October 28, 1996 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman O COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age The Community Development Director mentioned Item 8(d). She said that one of the exhibits indicated that the equipment is not visible from Ball Road. Mayor Bowman said he was concerned with the single family homes to the north of the structure. The Community Development Director requested that this item be continued to the next meeting. It as moved by Councilmember Kerry and seconded by Councilmember !ones to continue this item to the meeting of November 12, 1996. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: PUBLIC HEARINGS: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman O COUNCILMEMBERS: None O COUNCILMEMBERS: None END OF CONSENT CALENDAR CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96- 4, WIRELESS COMMUNICATIONS TRANSMISSION FACILITY, 6555 KATELLA AVENUE, CYPRESS: Mayor Bowman opened the public hearing and referred to the staff report which requested a continuation of this item. It was moved by Councilmember Carroll and seconded by Councilmember Jones to continue consideration of this item to the City Council meeting of December 9, 1996. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman O COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-24, ADDITION OF USED AUTOMOTIVE SALES, ACTION ALIGNMENT AND BRAKE, 9032-9052 WALKER STREET, CYPRESS: The Mayor opened the public hearing. He referred to the staff report which requested a continuance of the hearing to the next City Council meeting. It was moved by Councilmember Jones and seconded by Councilmember Carroll to continue this item to the November 12, 1996 City Council meeting. Mayor Bowman advised that he would be abstaining from the vote on this item because he had property listed for sale near the project. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones and Kerry O COUNCILMEMBERS: None O COUNCILMEMBERS: None 1 COUNCILMEMBERS: Bowman CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS, COMPUTER RENAISSANCE, 6907 KATELLA AVENUE, CYPRESS: The public hearing was declared open by Mayor Bowman. The City Manager summarized the staff report which indicated that an application for a Special Permit had been received from Norbert Klinoski Mikum, D.B.A. Computer Renaissance, 6907 Katella Avenue, Cypress, to allow the conduct of a secondhand business selling used computer equipment. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and finds no cause to protest the issuance of this permit. The Community Development Department has no special conditions concerning this secondhand business. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The Affidavits of Publication, Posting and Mailing of the Public Hearing Notices CITY COUNCIL MINUTES October 28, 1996 on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor or in opposition to this application. Councilmember Jones asked about the number of permits issued for secondhand business in the City and expressed concern about how much of a public service, convenience or benefit to the City these secondhand businesses will provide. The Community Development Director asked If Council wished staff to look at the number, but currently staff is watching on a case-by-case basis. Councilmember Age asked the City Attorney if the Council could limit the number of secondhand businesses legally. The City Attorney responded in the negative, advised that they be considered within the broad language of the "general welfare" of City and a determination made on that basis. These businesses must be looked at on a case-by-case basis, not collectively. Mr. Norbert Mikum, Computer Renaissance, 6907 Katella Avenue, Cypress, provided additional information on his proposed business and he felt that they would be providing an outlet for recycled equipment, reconditioned equipment and offering it to the public, and providing employment and business to the community. He then answered questions from the Council. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Age and seconded by Councilmember Carroll to close the public hearing, and approve the Special Permit as requested by Mr. Norbert Klinowski Mikum, D.B.A. Computer Renaissance, 6907 Katella Avenue, Cypress to allow the conduct of a secondhand business of selling used computer equipment. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - DIVERSIFIED DEVELOPMENT COMPANY FOR CYPRESS EAST SHOPPING CENTER, SOUTHWEST CORNER OF BALL ROAD AND VALLEY VIEW STREET: Mayor Bowman opened the public hearing. The City Manager presented the staff report describing the application for a Live Entertainment Permit filed by Mary Earl Spencer of Diversified Development Company to allow 1-3 member musical groups to entertain occasionally, in the food court area of the Cypress East Shopping Center, from 7 p.m. to 10 p.m. on Fridays and Saturdays. These performances are in conjunction with the concert series sponsored by the Cypress Recreation and Park District. The Community Development Department submitted conditions appropriate for the issuance of this Live Entertainment Permit. 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 or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, intemperate habits or bad reputation for truth, honesty or integrity. The Affidavit of Publication, Posting and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor of or in opposition to this application. Mayor Bowman asked if any one wished to speak in support of the application. No one spoke. He asked if anyone was in opposition to the application. Mr. Robert Forbes, no address given, said he lived directly across the street from McDonald's and he hears all of the events taking place in the center very clearly. He asked for assurance that there will only be a few musicians, the music will not be amplified and he would oppose any music that would reach his house. Ms. Angela Murphy, representing Mary Earl Spencer, said the music will not be loud enough to bother anybody, the instruments will be guitars and no brass. Councilmember Age asked that the application be conditioned to come back in a year for reconsideration. The City Manager noted that if the entertainment does create a disturbance to the neighbors, he asked that it be brought to staff's attention and they will follow up appropriately. 9 CITY COUNCIL MINUTES October 28, 1996 Councilmember Jones asked that the application be conditioned so McDonald's not be included in the "food court area" and all activity would be taking place on the sidewalk area. The Police Chief said he believed that the intent was to confine the entertainment to the sidewalk area. She also asked that the musical group be limited to 1 to 3 musicians with no brass. It was moved by Councilmember Carroll and seconded by Councilmember Kerry to close the public hearing, approve the Live Entertainment Permit as requested by Mary Earl Spencer of Diversified Development Company, for a 1-3 member musical group to entertain occasionally, in the food court area of the Cypress East Shopping Center, from 7 -10 p.m., on Fridays and Saturdays, subject to the following conditions: 1. There will be no amplification of music. 2. Musicians shall not obstruct pedestrian walkway traffic. 3. Parking stalls shall not be used by musicians as stage area. 4. Applicant to comply with all conditions of the Alcoholic Beverage Control License and City Business License. 5. The City Council reserves the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the public in and around the shopping center. 6. The Live Entertainment Permit shall automatically be reconsidered by the Council in a year. 7. The "food court area" is defined as the sidewalk area only. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS, CHILDREN'S CAROUSEL, 10953 MERIDIAN DRIVE. #0. CYPRESS: The public hearing was opened by the Mayor. The City Manager indicated that in accordance with Section 15-56 of the Cypress City Code, an application for a Special Permit was filed by Ms. Sharon A. Darnell, D.B.A. Children's Carousel, 10953 Meridian Drive, #G, Cypress, to allow the conduct of a secondhand business of selling used children's clothes, toys and equipment. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and finds no cause to protest the issuance of this permit. The Community Development Department as requested to submit any conditions appropriate for the issuance of this Special Permit. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, intemperate habits, or bad reputation for truth, honesty or integrity. The Affidavits of Publication, Posting and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor of or in opposition to this application. The applicant, Sharon Darnell, 10953 Meridian Drive, #G, Cypress, stated that she has a similar business in Lakewood that she has operated for over four years. She requested the Council's permission to operate a business in Cypress. Mayor Bowman asked if anyone wished to speak in support of the application. Ms. Sarah Fleming, 5331 Bishop Street, Cypress, expressed her delight with Ms. Darnell's business and she has done business with her Lakewood store. No one wished to speak in opposition to the application. 10 381 CITY COUNCIL MINUTES October 28, 1996 It was moved by Councilmember Carroll and seconded by Councllmember Age to close the public hearing and approve the Special Permit as requested by Ms. Sharon A. Darnell, D.B.A. Children's Carousel, 10953 Meridian Drive, #G, Cypress, to allow the conduct of a second hand business of selling used children's clothes, toys, and equipment, subject to the following condition. 1. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 13.1.1. of the Cypress Zoning Ordinance. Councilmember Jones expressed the her concern regarding the number of secondhand businesses being opened in Cypress, but since this was an existing business, she would vote for the application. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS, ENCORE BOUTIQUE, 10953 MERIDIAN DRIVE, #N, CYPRESS: Mayor Bowman opened the hearing. Councilmember Age referred to a communication from the applicant requesting a continuance. She noted there is a problem with the applicant not taking the time to be interviewed by the Police Department and she would request that occur prior to voting on this application. It was moved by Councilmember Age and seconded by Councilmember Jones to continue this item to the City Council meeting of November 12, 1996. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF A DAYTIME CURFEW/TRUANCY ORDINANCE: The City Manager called upon the Police Chief to present the staff reports from the meetings of August 16 and September 23, 1996, from which this item had been continued to allow staff sufficient time to respond to questions raised regarding the proposed ordinance. Staff has now completed its research and has discarded the original ordinance as was proposed and has drafted a new ordinance that bears no Daytime Curfew concept but rather addresses only the issue of School Truancy. This newly drafted ordinance gave due consideration to the legal issues brought forth by the City Attorney as well as the issues and concerns expressed by the public and City Council. The ordinance, as proposed at this time, addresses truancy only in the language of the State Education Code and eliminated any reference or intent of a Daytime Curfew Ordinance. The ordinance is only enforceable when a violator has qualified as a truant pursuant to the definition in the Education Code and only upon a finding that the student has met that standard of the definition. The ordinance also does not apply to students who are absent from school with parental permission. Councilmember Carroll had some questions and data for the Chief. He then presented viewgraphs that gave national statistics on children in poverty, from single parent homes, math and reading test scores. He then showed viewgraphs on Cypress schools' data on truancy. Councilmember Carroll commented that the police are not supposed to be used to enforce institutional goals and he didn't see why the City would use the Police to enforce school attendance. He quoted a piece from Alan Keyes who has spoken on this subject. He read from a letter submitted by the Home School Legal Defense Association saying that the ordinance initially violated the California Conditional Provisions. He went though the ordinance noting all the exceptions and the unenforceability of the ordinance. He would vote against the proposed ordinance in concept alone. Councilmember Age requested the Police Chief display the statistics on Cypress High School truancy rates. 11 CITY COUNCIL MINUTES October 28, 1996 Councilmember Jones asked several questions of the Police Chief. She said that the program seems to be well intended, but the delivery and execution seems to be very flawed. She mentioned that Marian Bergeson will become the Secretary of Education, and she believed that this was the best time to approach a change in the law that is currently on the books. She had some questions of the City Attorney on the constitutionality of the ordinance language. After additional questions and answers between Councilmember Jones and staff, she commented that she supported the Police, liked the idea of looking at other types of ways to achieve the same results but she would like to keep the Police resources on the street. She hoped that the Council would seriously consider disposing of this issue permanently or the best solution would be to approach the State legislators to do something with the State code in arriving at a workable solution that would also allow for counseling. Councilmember Age asked for further clarification from the Chief of Police and City Attorney, which was provided, on some of the items in the ordinance that Council had requested be changed. Councilmember Kerry asked the Chief if this ordinance would assist the Police more than the existing truancy law. The Chief said it would provide an enforcement vehicle. Mayor Bowman asked the Chief to provide those crimes committed by truants and the cost of issuing a citation vs. a truancy violation. The Police Chief provided statistics on juvenile crime. After further questions and answers and comments by Councilmembers, Mayor Bowman recessed the meeting at 9:25 p.m. The meeting reconvened at 9:35 p.m. with all Councilmembers present. The Mayor then asked for public comment on the proposed ordinance and the following people spoke on expediting the process, attendance boards, enforceability, constitutionality, parental rights, request for police policy and procedures, arguments in support of or and opposition to, home schooling, and delaying the vote on the ordinance Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress Mrs. Joan Edwards, 4224 Via Norte, Cypress Ms. Gail Marinello, 5737 Pine Court, Cypress Mr. David Pugsley, Citizens for Responsible and Constitutional Laws, 6460 Crescent Avenue, Buena Park Ms. Cathy Duffy, Citizens for Responsible and Constitutional Laws, 16172 Huxley, Westminster Ms. Linda Cabrera, 8402 Carob Street, Cypress Ms. Sarah Fleming, 5331 Bishop Street, Cypress Ms. Joann Bates, 4228 Larwin Avenue, Cypress Ms. Wendy Carlson, no address given, Cypress Ms. Karen Tufnell, 9881 Spruce Court, Cypress Jose Segura and Michelle Forester representing O.C. Youth & Family Services & Truancy Center, City of Orange Mr. Richard Tucker, 5647 Sprague Avenue, Cypress Mrs. Anna Piercy, 9869 Spruce Court, Cypress Mr. Robert Stewart, AUHSD Board of Trustees, 10391 Oakhaven Drive, Stanton Mr. Dennis Marinello, 5737 Pine Court, Cypress Ms. Linda Santana, Walker Street, Cypress Mrs. Paula English, 5975 Suva Street, Cypress Mr. John Fitie, 4684 Portofino Circle, Cypress Ms. Eglah Mijares, 9951 Holder Street, #13, Cypress Ms. Sue Okuia, 8355 Fontainbleau Way, Cypress Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress Mr. Brian Sunley, 4266 Via Verde, Cypress Ms. JoAnne West, 9375 Cambridge Street, Cypress Mr. Don Westing, 11431 Anegada Street, Cypress No one else wished to speak and Mayor Bowman closed the public comment period. Councllmember Kerry believed that the ordinance that was proposed by the Police Department was something that will help, it was approved by the City Attorney, it is enforceable and not unconstitutional. If the Council does not support this ordinance, she believed they were not supporting the Police Department. 12 CITY COUNCIL MINUTES October 28, 1996 At the request of Councilmember Age, the Police Chief addressed some of the questions brought up by the speakers. The Mayor asked the Chief to highlight the difference between the ordinance and the present Police Department capability regarding truancy. The Chief said that the difference Is that the ordinance allows for a citation as opposed to releasing the child back to a parent or to school officials If they are found to be truant. It also articulates that an individual would be truant as defined in the education code. Councilmember Jones said she couldn't see where this would improve the truancy situation and the burden should be placed on the school district rather than a citation program. It was moved by Councilmember Jones and seconded by Councilmember Carroll to direct further study and liaison with State Department of Education and the Legislature to make existing State statutes enforceable in both practical and useful sense. Councilmember Carroll clarified if the request would be in the form of a letter from the City Council. Councilmember Jones felt that the correspondence should be directed to Marian Bergeson asking her to consider the matter. The motion failed with the following roll call vote: AYES: 2 COUNCILMEMBERS: Carroll and Jones NOES: 3 COUNCILMEMBERS: Age, Kerry and Bowman ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Carroll and seconded by Councilmember Jones to disregard the truancy ordinance entirely. The motion failed with the following roll call vote: AYES: 2 COUNCILMEMBERS: Carroll and Jones NOES: 3 COUNCILMEMBERS: Age, Kerry and Bowman ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to approve the first reading of the Ordinance by title only, title as follows, adding Section 17-71 to the City Code relating to truancy. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 17-71 TO THE CODE OF THE CITY OF CYPRESS, RELATING TO SCHOOL ATTENDANCE AND TRUANCY. Councilmember Jones commented that the public overwhelming has opposed this issue and she wanted to clarify who supported and who opposed this ordinance. Councilmember Age said she had talked to many people who were very much in support of something being done. She is satisfied with the way the ordinance reads now and it will put more responsibility on the students and parents and will look at the truancy rate for out of the area students coming into the area. Mayor Bowman remarked that the fine amount should be more than $25 and law-abiding citizens are not going to be the target of the ordinance. Councilmember Carroll made reference to Councilmember Kerry's remark about supporting the Police Department. People on the City Council certainly support the Police Chief, but they don't like the ordinance. They are policy makers and give staff direction in a good manner. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Kerry and Bowman NOES: 2 COUNCILMEMBERS: Carroll and Jones ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 11 p.m. and reconvened the meeting at 11:15 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF SCOPE OF STUDY REGARDING NORTH END RESIDENTIAL PARCELS: The City Manager asked the Community Development Director to present the staff report which indicated that on May 28 and again on July 8, 1996, the City Council discussed the need to conduct further study related to north end parcels. She advised that Alice Angus, City Planner, would summarize the information and would request direction. Areas 2, 4 and 5 of the map were given a high priority. Staff was directed to 13 CITY COUNCIL MINUTES October 28, 1996 supply additional information on the properties within those three areas and to check on the feasibility of using City and/or County Redevelopment funds for public improvements and/or housing rehabilitation within these areas. Staff was also directed to complete the Farm Animal Overlay Survey and update the City Council on the applicability of the Farm Animal Overlay Ordinance. Fifteen thousand dollars has been budgeted for this study and based on City Council input, staff will refine the scope of work and proceed with a request for proposal (RFP) seeking consultant assistance with the study. Councilmember Kerry urged that the Council give the area of Gay Street and Denni Street area a higher priority. Changes have not occurred yet but they will because of the large lots, potential for subdivision and susceptibility to immediate change. Councilmember Age expressed concern about prioritizing Areas 2 and 4 and asked if the proposed funds were sufficient. The Community Development Director suggested that the project be optioned, the funds assigned by option and then Council can make the decision. It was moved by Councilmember Age and seconded by Councilmember Carroll to proceed forward with the Request for Proposal (RFP) including Council discussion on prioritizing the Areas. The Community Development Director clarified that she would also include Area 1 as an out bid so there could be further Council discussion whether or not to include that area. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Noting the lateness of the hour, Councilmember Kerry moved to continue the meeting past 11:30 p.m. The motion was seconded by Councilmember Jones and unanimously carried: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF LINCOLN AVENUE SPECIFIC PLAN ADVISORY COMMITTEE'S IMPLEMENTATION RECOMMENDATIONS: The Community Development Director reviewed the staff report describing the changed name of the Lincoln Avenue Specific Plan Advisory Committee to the Lincoln Avenue Association Formation Steering Committee. Staff was directed, by the City Council on September 9, 1996, to meet with the newly formed Committee, identify a mission statement and a list of objectives with an accompanying timeline. Staff is now returning with the proposed Mission Statement and objectives as recommended by the Committee at their September 30, 1996 meeting. It was moved by Councilmember Age to approve the Mission Statement and associated objectives and timeline identified within the text of the report. Responding to Councilmember Kerry's inquiry on Lincoln Avenue, the Community Development Director explained that the committee reviewed each of the issues of the Specific Plan but perhaps there needs to be clarification of information and pictures. Mayor Bowman suggested that the street widening Issue be discussed now because there is a lot of confusion. He felt that the property owners in the area and the committee members should have a map so that everyone knows where the street widening is going to take place. The motion was seconded by Councilmember Carroll and unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF NEW AREA CODE BOUNDARIES: The City Manager asked Kevin Justen, Senior Management Analyst, to summarize the staff report advising that, in December 1997, a new area code will be Implemented for Orange County. Two alternatives are being given serious consideration by the California Public Utilities Commission (CPUC). Alternative 1 would have an adverse impact on Cypress and create tremendous inconvenience for residents and businesses. It is recommended that Council request the 14 385 CITY COUNCIL MINUTES October 28, 1996 CPUC to select Alternative 2 which would have no impact on Cypress. Mr. Justen reported that just prior to the meeting, notice was received that there are four alternatives, with two affecting Cypress. After the CPUC's public comment period is closed, a meeting will be scheduled for representatives of local jurisdictions to discuss the area code boundaries. Councilmember Kerry said that every attempt should be made to avoid splitting the community into two different area codes. Councilmember Jones concurred and suggested that language to that effect be Included in the letter to the CPUC. The City Manager commented that he received a telephone call from Mark Armbruster, representing Cypress Land Company, who wanted to go on record identifying this as a business hardship and he would ask the City Council to take a position in opposition to splitting the City in establishing a new area code. Councilmember Carroll volunteered to attend the meeting. It was moved by Councilmember Age and seconded by Councilmember Jones to: 1. Approve the attached letter, with the suggested changes, for the Mayor's signature to the California Public Utilities Commission recommending the selection of Alternative 2 for the new area code boundaries. 2. Direct staff to inform residents, the Chamber of Commerce, local school districts and Cypress businesses regarding the proposed changes. 3. Appoint Councilmember Tom Carroll to attend the upcoming CPUC local jurisdiction meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DEVELOPMENT OF SISTER CITY PROGRAM WITH TENGZHOU, CHINA: The staff report was summarized by the Senior Management Analyst, which discussed the College's proposal, the development of a Sister City program and requested Council's approval to work with Cypress College to develop this type of affiliation with Tengzhou, China. Recently, Cypress College submitted an application to the Department of Education for a grant to establish a Sister-College/Sister-City relationship with Zhao Chuang Teacher's College and the CIty of Tengzhou in the Province of Chandong, China. In response to their request, a letter from the Mayor was provided in support of the grant application. Councilmember Age stated that she did not believe that taxpayers' money should be used to send any Councilmember and/or staff member to China for a sister city program. It was moved by Councilmember Jones and seconded by Councilmember Carroll to direct staff to work with Cypress College to develop a Sister City relationship with Tengzhou, China and report back at a future date. Councilmember Kerry said that the recommendation needs to clearly limit the funding from the City. Councilmember Age commented that the motion should be clarified to include that no City funding will be spent. The Mayor referred to the staff report. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF SCHEDULING INTERVIEW SESSION OF APPLICANTS FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION: The staff report indicated that staff had advertised for the two existing vacancies on the Recreation and Community Services Commission. As of the September 30, 1996 filing deadline, 13 applications have been received. Staff requested the City Council to schedule a date and time to conduct oral interviews. Mayor Bowman remarked that two new members would be coming on the Council in a few weeks and he suggested continuation. 15 386 CITY COUNCIL MINUTES October 28, 1996 It was moved by Councilmember Jones and seconded by Councilmember Carroll to continue the scheduling of a date and time to conduct oral interviews to the City Council meeting of December 9, 1996. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CITY COUNCIL COMPENSATION INCREASE: The City Manager asked the Administrative Services Director to present the staff report which proposed an increase in the current salary of the City Council from $486 per month to $510 per month. Under Government Code Section 36516 and the Code of the City of Cypress, the City Council is authorized to receive a 5% increase as a cost -of -living adjustment. As there will be two Council seats filled from the November 5, 1996 election, this proposed 5% increase will be effective to all Councilmembers on December 13, 1996, which is subsequent to when the Council seats will be filled and the 30 days following the second reading of the proposed ordinance. Responding to Councilmember Age's inquiry, the City Attorney replied that the term of the 5% increase was two years. Councilmember Age said she felt that the Council should not approve its own raises and she would not vote a 5% increase for two new City Councilmembers without experience. After additional discussion, Councllmember Kerry said that a 5% increase, especially when going into negotiations, would be difficult to justify providing that type of increase. Council has always tried to adjust their increases with staff's because that is what is felt appropriate for everybody and if there Is an adjustment for Council, it should be a much smaller percentage. It was moved by Councilmember Jones and seconded by Councilmember Carroll to approve the first reading of the Ordinance by title only, title as follows, increasing the City Council's compensation by 5% effective December 13, 1996. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 2- 3.3(B) OF THE CODE OF THE CITY OF CYPRESS ADJUSTING COUNCIL COMPENSATION BY A 5% COST OF LIVING INCREASE. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Carroll, Jones and Bowman NOES: 2 COUNCILMEMBERS: Age and Kerry ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22784 - 23493: It was moved by Councilmember Carroll and seconded by Councilmember Jones to approve the Commercial Warrant List for Warrants No. 22784 through 23493 in the amount of $2,943,587.57. The motion carried unanimously by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Carroll said that he was a member of the Orange County Fire Authority Board, member of the Executive Committee and Chairman of the Finance Committee. He also said that the Director of Fire Services is very pleased with the 635 paid call firefighters as well as the Board and Executive Board. Anyone that speaks to the contrary is misleading the citizens. Councilmember Jones asked staff to provide the number and location of secondhand businesses in Cypress. Councilmember Age congratulated Los Alamitos Race Track for breaking their record on the handle and attendance on Saturday, bringing in over $2 million. 16 CITY COUNCIL MINUTES October 28, 1996 Mr. Dave Conde, 11301 Anegada Street, Cypress, asked how much money Shaw was bringing into the community because they are opening outlets throughout Southern California. He asked what kind of an effect that would have on the revenues generated from Shaw in Cypress as a point of sale. The Finance Director explained that the City obtains its sales tax dollars from contractors who buy wholesale, not retailers. Mr. Conde was concerned that Shaw would saturate the market with their own stores and installers. Mr. Mike McGill, 6097 Pitcairn Street, Cypress, mentioned that the California Tax Payers Association has identified Cypress as a community on its "watch list" of cities that are considering actions that they categorize as fiscal mismanagement on behalf of taxpayers. The concern lies with the City's retirement plan and the City's consideration of a 3.4% to 8.7% of its funding and lowering the retirement age to 55. The City Manager clarified that the City has entered into collective bargaining and has submitted a request for an actuarial study only from PERS. Mr. Don Wesling, 11431 Anegada Street, Cypress, asked if Shaw took their retail outlets and converted them to wholesale outlets, would it be distribution or a wholesale outlet? Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress, spoke about the upcoming election, the two seats that would be vacant and two people need to be elected that will represent the people. Councilmember Kerry mentioned the Cypress College student who, because of a school project, was concerned that the railroad tracks south of the college were not fenced, the children are playing on the railroad tracks, homeless people living in the oleanders, along with other problems. She pursued the idea of installing a fence with the City and it is anticipated that a fence will be up in about two weeks. CLOSED SESSION: Mayor Bowman recessed the meeting at 12:30 a.m. to further discuss the agendized item of Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9). The meeting reconvened at 12:53 a.m. with all Councilmembers present. ADJOURNMENT: Mayor Bowman adjourned the meeting at 12:53 a.m ATTEST: ok CI CLRK OF THE CITY OF CYPRESS 17 MAYOR OF THE CITY 0 CYPRESS '387