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HomeMy WebLinkAboutMinutes 96-01-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 22, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m. in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding. PRESENT: ABSENT: Councilmembers Age, Carroll, Jones, Kerry and Bowman None Also present were City Manager Darrell ESSEX and staff members Bacock, Christoffels, Kelly, Storey and Wicker. ORAL COMMUNICATIONS: FOr Matters on the 5:30 P.M. Agenda. MrS. Elizabeth Thompson, 4599 Bianca Drive, Cypress, spoke against the amendment to the Ordinance on Overnight Parking of Oversized Vehicles. She asked that no parking be allowed on residential streets for oversized vehicles of any type. The ordinance would change the zoning from residential to commercial, converting neighborhoods to RV parking lots. Mr. Jerome Thompson, 4599 Bianca Drive, Cypress, commented that the CC&RS governing their tract specifically exclude the parking of any trailers, motor vehicles and trucks visible from the front of the house. He requested that overnight street parking of any vehicle be disallowed. Mayor Bowman asked the Police Chief to respond. The Chief explained that if the CC&Rs are more restrictive than the Ordinance and prohibit oversized vehicle parking of any kind, that is what should be enforced by the homeowners' association. The City Manager suggested the Thompsons fill out a Speaker Address form and have the City Attorney review the CC&RS. CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS: The Public Works Director referred to the staff report dated January 15, 1996, which indicated that the current contract for asphalt expires on January 31, 1996 and staff is recommending that Council award a contract to All American Asphalt Co. who has offered contract renewal prices for a one year period with no rate increase. Councilmember Carroll asked that the City's cost to transpor~ the asphalt from All American to Cypress be included in future costs. It was moved by Councilmember Kerry and seconded by Councilmember Age to award an annual purchase contract for asphalt concrete products to All American Asphalt Co., 14274 Magnolia Avenue, P.O. Box 2229, Corona, CA 91718-2229, in an amount not to exceed $26,000 for a one year period ending January 31, 1997. 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 CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The staff repor~ dated January 15, 1996 was presented by the Public Works Director, indicating the City has had a contract with Cypress Car Wash on an annual basis since 1977 to provide car washing services for the City-owned fleet. Cypress Car Wash has offered to renew this contract for a one year period with no increase in the current rarest It was moved by Councilmember Age and seconded by Councilmember Kerry to authorize the renewal of the car wash service contract with Cypress Car Wash, 9971 Valley View Street, Cypress, CA 90630, for a one year period from February 1, 1996 through January 31, 1997, at the current contract prices as outlined in the report. 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 CITY COUNCIL MINUTES January 22, 1996 CONSENT CALENDAR: All ma~ters 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 Carroll asked that Items No. 3 and 12, City Council Minutes of January 8, 1996 and Consideration of Appropriation from Drainage Fund for Payment of Engineering Costs related to Veterans Park Regional Pump Station, respectively, be removed. Mayor Bowman pulled Items NO. 7(C) and 9, Resolution Approving DRC No. 96-3 and Acceptance of Pavement Overlay of Various Streets, respectively. Councilmember Kerry requested that Item No. 8, Request from Bandai America to Vary from the Transportation Management Provisions, be pulled. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to approve the Consent Calendar Items NO. 3 through 13A with the exception of Items No. 3, 7(c), 8, 9 and 12. 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 Item No. 4: Motion tO Introduce and/or Adopt All Ordinances and Resolution presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Consideration of a Resolution Extending Congratulations to Assemblyman Curt Pringle on Being Selected as Speaker of the HOUSe. Recommendation: That the City Council adopt the Resolution by title only, title as follows, Extending Congratulations to Assemblyman Curt Pringle. RESOLUTION NO. 4583 A RESOLUTION OF THE CITY COUNCIL OF: THE CITY OF CYPRESS EXTENDING CONGRATULATIONS TO ASSEMBLYMAN CURT PRINGLE ON BEING SELECTED AS SPEAKER OF THE HOUSE. Item NO. 6: Consideration of Orange County Employment Relations Consortium Contract Renewal. Recommendation: That the City Council approve the City's membership in the Orange County Employment Relations consortium, and authorize the Administrative Services Director to execute the 1996 Agreement for Special Services with Liebert, Cassidy and Frierson in the amount of $1,595.00. Item NO. 7: Consideration of Design Review Committee's Approval of DRC #95-54 and DRC #96-1. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, approving DRC #95-54 and #96-1. RESOLUTION NO. 4584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-54 - WITH CONDITIONS. RESOLUTION NO. 4585 A RESOLUTION OF THE CITY COUNCIL OF: THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 96-1 - WITH CONDITIONS. Item No. 10: Consideration of Acceptance of Project for Repair of Asphalt Pavement at Maintenance Yard, Public Works Project NO. 9547. Recommendation: That the City Council: (1) Accept the work of the Repair of Asphalt Pavement at Maintenance Yard, Public Works Project No. 9547, as being satisfactorily completed in conformance with the plans and specifications; (2) Approve the final retention payment to Copp Contracting, Inc., 12507 S. Carmenira Road, Whittier, CA 2 CITY COUNCIL MINUTES January 22, 1996 90605, thirty-five (35) days after the NOtice of Completion is filed; and (3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of the one (1) year guarantee period. Item No. 11: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Mo Mo Inc., John D. Morrison and John H. Morris, D.B.A. JM Concessions, 5001 Katella Avenue, Cypress. Recommendation: Receive and file. Item NO. 13: Consideration of Audit Report on the Residential Franchise Fees Reported by Briggeman Disposal Services, Inc. Recommendation: Receive and file. Item No. 13A: Consideration of Employment List for the position of Police Communications Supervisor. Recommendation: That the City Council receive and file the employment list for the position of Police Communications Supervisor. Regarding Item NO. 3, Minutes of the January 8, 1996 City Council meeting, Councilmember Carroll referred to page 3, Item No. 15, Consideration of New Adult Activity Classes, and advised that his question was misstated. His question was, "Is the City covered for post-transaction liability if a class participant is injured subsequent to receiving instruction from the Cypress Recreation & Park District?" Councilmember Carroll wanted to assure that the question was understood and that the insurance coverage addressed that possibility. It was moved by Councilmember Carroll and seconded by Councilmember Age tO approve the City Council Minutes of the Regular Meeting of January 8, 1996, as amended. 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 In regard to Item NO. 7(C), Consideration of DRC NO. 96-3, Mayor Bowman advised that he would abstain from the vote on this item because this was the sign in front of his building and he might put a rider on that sign. It was moved by Councilmember Kerry and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, approving DRC No. 96-3. RESOLUTION NO. 4586 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 96-3 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Carroll, Jones and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Bowman With regard to Item No. 8, Consideration of Request by Bandai America, Incorporated to Vary from the Transportation Management Provisions as Established by the City of Cypress Transportation Demand Management Ordinance, Councilmember Kerry advised that she would abstain from the vote on this item because her business is in close proximity to Bandai. It was moved by Councilmember Age and seconded by Councilmember Carroll to waive the recruitment of shower/locker room facility improvements for Bandai America, Incorporated, on the condition that Bandai America, Incorporated implement other transportation demand management (TDM) measures, such as carpool/vanpool parking areas, and/or other TDM measures which are agreeable to both the City and Bandai America, Incorporated and which meet the intent of Ordinance No. 864. The motion carried by the following roll call vote: 3 CITY COUNCIL MINUTES January 22, 1996 AYES: 4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Kerry Regarding Item NO. 9, Consideration of Acceptance of the Pavement Overlay of Various Streets, Public Works Project No. 9520, Mayor Bowman asked why the difference in price per ton between this paving project and the previous bid for asphalt. The Public Works Director responded that this cost was all inclusive. It was moved by Councilmember Jones and seconded by Councilmember Kerry to: (1) Approve Contract Change Order NO. I tO Silvia Construction, Inc. in the amount of $28,954; (2) ACCept the work of the Pavement Overlay of Various Streets, Public Works Project No. 9520, as being satisfactorily completed; (3) Approve the final retention payment of Silvia Construction, Inc., 9007 Center Avenue, Rancho Cucamonga, CA 91729, thirty-five (35) days after the Notice of Completion is filed; and (4) 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 (1) year guarantee period. 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 With regard to Item No. 12, Consideration of Appropriation of $171,495 from the Unreserved Fund Balance of the Drainage Fund for the Payment of the City's Share of the Engineering Costs Related to the Veterans Park Regional Pump Station, Councilmember Jones asked if the City was going to reimburse Cypress Homes for the entire cost for the regional pump station engineering. The Public Works Director explained that originally the Redevelopment Agency and the County were going to participate in financing for the regional facility, which was never built. However, a smaller pump station designed to handle the Cypress Homes tract was built. If the regional facility was not built, the County had no obligation to reimburse. THE CITY ATTORNEY ARRIVED AT 5:50 P.M. The City Attorney said he had reviewed the agreement and concluded that the City had full financial responsibility for the engineering costs. Councilmember Carroll voiced his disagreement with partially funded programs because the funding stops and the project is usually wasted. In the future, he would like an analysis of risk exposure on projects with other agencies as partners. After further discussion, the City Manager said that the County has no funding for drainage. It was moved by Councilmember Age and seconded bv Councilmember Kerry to authorize the appropriation of $171,495 from the unreserved fund balance of the Drainage Fund to ACCOUnt No. 4186-26-457-23 for costs related to the regional pump station engineering. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman None None ORDINANCES (Second Reading): Responding to Councilmember Kerry's question on the CC&R restriction on oversized vehicles, the City Attorney said that if they are stricter than what the City has, they are enforceable between the homeowner and the homeowners' association. If there is no association, any enforcement would have to be from one property owner against another. It was moved by Councilmember Age and seconded by Councilmember Carroll to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance amending Sections 16-73 and 16-73.1 of the City Code. CITY COUNCIL MINUTES January 22, 1996 ORDINANCE NO. 944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 16-73 AND 16-73.1 OF THE CODE OF THE CITY OF CYPRESS RELATING TO OVERNIGHT PARKING OF OVERSIZED VEHICLES. 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 At this time, the Administrative Services Director introduced Kevin Justen, newly hired Senior Management Analyst in the Administration Department. CLOSED SESSION: Mayor Bowman recessed the meeting at 6:00 p.m. to enable the Council to enter into a Closed Session to consider those agendized items of: Conference with Labor Negotiator (Government Code Section 54957.6); Liability Claim of Arthur Michener (Government Code 95856.95); Conference with Real Property Negotiator (Government Code Section 54956.8) on Parcels NO. 244-48102, 48103 and 48104; Conference With Legal Council on two Existing Litigation Matters (Government Code Section 54956.9(a) Workers Compensation Appeals Board Case NOS. VNO 295329; 295328 and 30027 and County of Orange, Orange County Investment Pools, Case No. SA 94-22272-JER. Mayor Bowman reconvened the meeting at 7:35 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, DeCarlo, Kelly, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Age. PRESENTATIONS: Police Chief Wicker accepted a donation of over $1,200 from Mr. Nick Eighmy, along with representatives of the Cypress Bingo Council, to show their support for the D.A.R.E. program. Mayor Bowman thanked the Bingo Council and announced that D.A.R.E. graduations begin the week of January 29. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. The City Manager summarized the actions taken by the Council during the 5:30 part of the January 8, 1996 agenda. The City Attorney reviewed discussions held in the Closed Session on: Labor Negotiations, a Liability Claim, Real Property Negotiations with the Cypress Redevelopment Agency and two Existing Litigation items on Workers Compensation and the Orange County Bankruptcy Investment Pool Joint Settlement Agreement. PUBLIC HEARINGS: CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 95-1 AND ZONE CHANGE NO. 95-1, 9737-61 WALKER STREET, AND GENERAL PLAN AMENDMENT NO. 95-2 AND ZONE CHANGE NO. 95-2, 9731 WALKER STREET: Mayor Bowman opened the public hearing. Before the Community Development Director presented the staff report, she advised that she had received two communications: one from Howard Nista indicating that he wanted to make sure the rear yard setback is maintained as proposed in the plan as he is one of the adjacent property owners. Subsequent to that, a phone call was received from Mrs. Nista expressing concern about the existing block wall and she wanted to know what would happen to that wall. The Community Development Director then proceeded to present the report dated January 15, 1996. This item was heard at a public hearing held September, 1995 when General Plan Amendment No. 95-1 and Zone Change No. 95-1 were first considered. The proposal suggested the development of 15 units per acre for the property known as 9737-61 Walker Street. Issues of spot zoning, the initiation of a general plan amendment, zone change and the need to identify neighborhood issues necessitated further research. This report was presented to the Council on January 8, 1996. Since that time the applicant has redesigned his project, incorporating the suggestions received from property owners at a neighborhood 5 CITY COUNCIL MINUTES January 22,1996 meeting. In order to Implement this proposal, a discussion regarding the appropriate density for the General Plan, as well as guidance as to the desired development standards and planned residential development zone wel'e introduced for Council consideration. The Project Planner provided visual aids for the Council on the properties, depicting different lot sizes. Mayor Bowman requested that the setback required for a gate be clarified with the Fire Department before any decision is made. Mr. Mahendra Desai, 1150 Orangethorpe Avenue, //112, Placentia, provided handouts for the Council. He advised that the project started with 20 homes planned for the Trautman property. Neighborhood meetings were held and the primary concerns were adequate on-site parking and sufficient setbacks from adjacent homes. Subsequently, the proposed development has been revised several times. He did not believe RS-6000 was feasible on this site and he gave his reasons. He then explained his current proposed project with a density of ll units per acre and volunteered to answer questions. Mayor Bowman asked if anyone wished to speak In favor of the proposed project. Mr. Dan Mundy, a local realtor, said that the Idea of six 6,000 square foot lots wouldn't work, would take a long time to sell and the proposed project would fit in with the community. MS. AliSOn Young, 9739 Wall~er Street, Cypress, reported that she has had a couple of meetings with the neighbors and reviewed every issue. Neighbors Immediately adjacent to the rear and north side of the property were invited. Setbacks appeared to be the major concern. The Mayor then asked who wished to speak in opposition to the proposed project. Mr. Henry Livingston, 5408 Hanover Drive, Cypress, said he attended the neighborhood meeting, felt that the majority of the neighbors were against the project because of the RS-4000 density and he voiced his opposition to the project. Mr. Sam Vena, 5398 Hanover Drive, Cypress, remarked that he was against the proposal and enumerated his reasons. He felt that the majority of the neighbors favored the RS- 6000 zoning or possibly the RS-S000. Mr. Rick HUettl, 5468 Hanover Drive, Cypress, stated that the Egg Ranch is currently zoned RS-6000. If given a choice he would keep the zoning commercial and hoped the Council would consider the 1978 zoning on the property and the Sorrento Homes project. He does not consider the proposed project to be compatible with the surrounding neighborhood. He urged the Council to listen to the neighbors. Mr. Eric Burk, 5423 Rome Avenue, Cypress, expressed his objection to the proposed project with a garage right against his back wall. He asked the City Council to consider the RS-5000 or RS 6000 because that type of development would be more compatible with the current neighborhood. Mr. Mark Holmes, 5478 Hanover Drive, Cypress, said he was against the RS-4000 zoning and would like to see a development like RS-6000 for all the reasons previously stated by the residents. Mr. Desai responded to some of the concerns voiced by the neighbors. He felt that because of the zoning of the egg ranch, the Trautman property was being penalized. Responding to Mayor Bowman's request for a definition of the commercial use of the property, the Community Development Director read the definition of the CG Commercial zoning and what business operations would be allowed with and without a conditional use permit. Mayor Bowman said that one of the alternatives was to leave the present zoning. All the parties need to consider whether or not they feel that would be a more compatible use than if It were changed to some form of residential use. 6 CITY COUNCIL MINUTES January 22, 1996 Councilmember Jones voiced her dissatisfaction with the proposed project's high density, neighborhood compatibility and parking issues. Councilmember Age did not object to the proposed project, but would want a gated community with a three foot trellis on the existing wall. She would like to see an overlay of the Meekoff property. The Community Development Director summarized Council's direction for the current proposed project: a security gate, a six foot wall with a three foot trellis, 20 foot setbacks all around, and no garages in the back. Ms. Young said that the situation is based on economics and she felt that MrS. Trautman has dealt with the neighbors in an attempt to give them a product that is as nice as it can be. Councilmember Jones commented that she wanted a project that is best for the community and that means low density. Mayor Bowman asked the neighbors to consider all the alternatives of commercial and residential zoning. Councilmember Carroll voiced the opinion that the City would be better with residences rather than a commercial building on that property and this is an opportunity to change the zoning that should not be ignored. Mr. Desai remarked that this project is proposing two car attached garages plus two parking spaces on the driveway of each home and he didn't believe there would be overflow parking on Hanover Drive. After some additional debate, Mayor Bowman suggested that there be another neighborhood meeting with attempts to work out some of the concerns. He suggested the applicant have copies of the City code. Mayor Bowman believed that the neighbors and the applicant needed to meet again. Councilmember Kerry said that the interested parties have to decide which of the alternatives they desire because if not, something far worse could result. Councilmember Jones expressed a desire to have the property zoned residential but low density needed to be seriously considered. Mayor Bowman asked for clarification on Item B, page 3 of the staff report and for an overlay of the property to the north, including the existing zoning, with the staff report. It was moved by Councilmember Jones and seconded by Councilmember Kerry to continue consideration of General Plan Amendment No. 95-1 and Zone Change No. 95-1 and General Plan Amendment No. 95~2 and Zone Change No. 95-2; and direct staff to formulate a Planned Residential Development (PDR) Zone for incorporation into the Cypress Zoning Ordinance to the Council meeting of February 26, 1996. 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 CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - CURB ADDRESS PAINTING FILED BY AUSTIN R. REINITZ, D.B.A. RESIDENTIAL ADDRESSING SERVICE: The public hearing was opened by Mayor Bowman. The City Manager presented the staff report dated January 12, 1996, which represented an application for a Special Permit to allow curb address painting in the City of Cypress from Austin R. Reinitz, D.B.A. Residential Addressing Service, 7332 Florence Avenue, Suite B, Downey. The Affidavits of Publication and Posting of the Public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this Special Permit application. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and the report was attached. In accordance with Section 15-62 of the Code, the City Council, having received the report from the Chief of Police and conducting a Public 7 CITY COUNCIL MINUTES January 22, 1996 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. Mrs. Reinitz, the applicant's wife, stated that they had painted curb addresses successfully two years ago and wished to do so again. No one wished to speak in support of or in opposition to the application. MrS. Mary Crowder, 6881 Reefton Avenue, Cypress, remarked that she was not in opposition to the application, but there had been curb painters in the south end of the City during the last few weeks and they were still in the area. Councilmember Age stated that they must have a City permit and a staff member will be sent out to check. It was moved by Councilmember Age and seconded by Councilmember Carroll to close the public hearing and approve the permit, which will be referred to the Public Works Department for processing pursuant to Standard Plan No. 410, which states that payment shall be solicited on a voluntary basis after the painting of the number is completed and that solicitation shall be limited to Monday through Saturday between the hours of 10 a.m. and 6 p.m. 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 CONTINUATION OF CONSIDERATION OF RESOLUTION REGARDING POSTING OF POLITICAL SIGNS: The Mayor referred to the staff report dated January 17, 1996 which requested that this item be continued. The City Manager advised that the date in the report should be February 12, 1996, rather than February 13, 1996. Councilmember Kerry mentioned that the ordinance would not be in effect for the primary. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the February 12, 1996 meeting. 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 CONTINUATION OF CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING THE APPROVAL OF THE TRANSFER OF THE CATV FRANCHISE FROM PROVIDENCE JOURNAL COMPANY, A PARENT COMPANY OF COPLEY COLONY CABLEVISION, TO CONTINENTAL CABLEVISION, INC.: The City Manager asked the Administrative Services Director to present the staff report dated January 18, 1996, which indicated that a proposed agreement had been received regarding the transfer from Copley Colony Cablevision to Continental Cablevision. The City Attorney and the City's Cable TV Attorney, William Mar~icorena, Rutan & Tucker, have reviewed and approved the documents. Mayor Bowman asked for clarification on "transferee" and the City Attorney responded that it would be Continental Cablevision. It was moved by Councilmember Jones and seconded by Councilmember Age to approve the agreement and adopt the Resolution by title only, title as follows, transferring the cable TV franchise from Providence Journal Company, a parent company of Copley Colony Cablevision to Continental Cablevision, Inc. 8 CITY COUNCIL MINUTES January 22, 1996 RESOLUTION NO. 4587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO COPLEY/COLONY CABLEVISION OF CYPRESS, INC. 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 CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 95-42, TWO SPECULATIVE OFFICE/WAREHOUSE BUILDINGS, 10700 VALLEY VIEW STREET AND 6100 GATEWAY DRIVE: The City Manager reported that a request had been received to continue this item. It was moved by Councilmember Jones and seconded by Councilmember Age to continue this item to the City Council meeting of February 12, 1996. 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 CONSIDERATION OF APPROVAL OF CLASS SPECIFICATIONS FOR THE POSITIONS OF EXECUTIVE COORDINATOR/CITY CLERK, RECORDING SECRETARY/DEPUTY CITY CLERK AND CITY MANAGER AND CONSIDERATION OF A RESOLUTION TO ADD THE POSITIONS TO THE ClTY'S POSITION CLASSIFICATION PLAN: The City Manager summarized the staff report dated January 16, 1996 to which were attached class specifications for the positions of Executive Coordinator/City Clerk and Recording Secretary/Deputy City Clerk and established compensation for the addition to the City's Position Classification Plan. It was moved by Councilmember Age and seconded by Councilmember Jones to approve the class specifications and adopt the Resolution by title only, title as follows, adding the class specifications and established compensation for Executive Coordinator/City Clerk and Recording Secretary/Deputy City Clerk and including the class specification for the position of City Manager. RESOLUTION NO. 4588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574 BY AMENDING THE CLASS SPECIFICATIONS FOR THE POSITIONS OF EXECUTIVE COORDINATOR/CITY CLERK AND RECORDING SECRETARY/DEPUTY CITY CLERK AND ESTABLISHING A CLASS SPECIFICATION FOR THE POSITION OF CITY MANAGER AND INCLUDING THESE CLASS SPECIFICATIONS IN THE POSITION CLASSIFICATION PLAN AND ESTABLISHING COMPENSATION FOR INCUMBENTS IN THE SERVICE OF THE CITY OF CYPRESS. 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 CONSIDERATION OF CATV COMMISSION RECOMMENDATION TO ALLOCATE FUNDS FOR CABLE TV INSTALLATION OF CYPRESS SCHOOL DISTRICT ELEMENTARY SCHOOLS: The Administrative Services Director reviewed the staff report dated January 16, 1996, which provided the CATV Commission's recommendation that the City Council allocate approximateIv $11,200 for the purpose of installing Cable TV converter boxes at eight elementary schools in the Cypress School District, located within the Cypress City limits. Mr. Louie Giampapa, Chairman of the CATV Commission, advised that this was a great opportunity for a communication tool for the schools and the City to educate the students and reach the homes of citizens. The new fibre optic system will provide a variety of services with unlimited opportunity. 9 CITY COUNCIL MINUTES January 22, 1996 Councilmember Kerry commented that Dickerson and Luther Schools are not included but they are in the Cypress School District, although not within the City limits. Cerritos Elementary is not within the Cypress School District but Cypress residents do attend. She asked that Luther and Dickerson be included. The City Manager clarified that the request originated with the Cypress School District and they only asked to include the schools within the Cypress City boundaries. The Administrative Services Director said that the School District was interested in contacting the cities of La Palma and Buena Park for any available funding. It was moved by Councilmember Age and seconded by Councilmember Jones to adopt the recommendation of the CATV Commission to: 1) Appropriate from the General Fund unreserved fund balance, the amount of $11,200 to Account/J4187-11-119-02 for the purpose of installing cable TV drops and converter boxes at eight elementary schools in the Cypress School District; and 2) Authorize that any fundraising revenue, for the Cypress Education Foundation or other donations received for the above purpose, offset City general fund monies. 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 CONSIDERATION OF ATTENDANCE AT THE 1996 CYPRESS COLLEGE AMERICANA AWARDS BANQUET: The City Manager referred to the staff report dated January 17, 1996, which advised that the 21st Annual Americana Awards Banquet sponsored by the Cypress College Foundation is scheduled for Saturday, February 24, 1996 at the Disneyland Hotel. The cost is $150/person or $1,500 for a table of ten. In the past, the City has supported this event by purchasing a table for the City Council and/or staff to attend this function. Councilmember Age commented that the Mayor's ticket is not paid for by the City and others may take and pay for a guest. If there is extra seating available, she suggested that a past award recipient be asked to attend to utilize any empty seats at the table. Councilmember Carroll asked if a financial statement was received from the Cypress College Foundation. Mayor Bowman said he would provide that statement. Mayor Bowman announced that the recipient this year is Rick Gaede of Cypress, Manager of the Ramada Inn and on the Cypress School District Board. It was moved by Councilmember Jones and seconded by Councilmember Age to purchase a table at the Americana Awards in the amount of $1,500. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman None None CONSIDERATION OF CITY COUNCIL POLICY ON CONFERENCE REIMBURSEMENT: The staff report dated January 17, 1996 indicated that this item was requested by Councilmember Kerry. Councilmember Kerry expressed her concern about the lack of a policy regarding Councilmembers expenses. She felt it was something that needed to be established so the employee will not get the money before it is approved by the supervisor. Councilmember Jones said that when the Council approves the event, the recommendation is to cover the costs for certain expenditures. Councilmember Kerry remarked that the Council supervises the Councilmembers, the City Manager and the City Attorney and the expenses should come before the Council for approval prior to payment. Policy needs to be established and it should be in the proper sequence, approval before payment. 10 CITY COUNCIL MINUTES January 22, 1996 Councilmember carroll said there Is a policy and It Is a line Item In the budget document. The expenses are reviewed by the Finance Director and the City Manager. To say that there Isn't a policy is totally erroneous. Councilmember Age suggested a stated amount of money per conference be authorized. Councilmember Jones objected to a certain amount of money being spent and she felt that there was a travel policy for staff and the Council. She commented that perhaps the policy on travel and reimbursement of expenses should be reviewed during the budget sessions. Councilmember Kerry said, "That to say that the City has a policy and our Finance Director reviews these for propriety, whether they're right or wrong, seems a little ridiculous. That's saying the employee Is approving what the employer spends. That doesn't occur. The employee does exactly what they are told and they rubber stamp whatever comes through because we are the employers up here. So, I would not expect either the City Manager or the City Finance Director or anybody In this City to dictate or make any recommendation or changes on any travel expense or any expense submitted by a Councilmember. That would be totally inappropriate." The only level it should occur is at the City Council level. Councilmember Carroll stated, for the record, the Finance Director and the City Manager have the absolute responsibility If they see something that looks Inappropriate. The fact that It Is done by a City Councilmember does not waive that responsibility and they have the avenue to take It to the Council Itself or If It Is severe enough they take It to the City Attorney. To thlnk that they are rubber stamps of what we do is sheer nonsense. That's not their responsibility at all. After further discussion, the City Manager suggested that expenditures made by either the City Council, City Manager or City Attorney go on the Warrant List prior to any reimbursement payment. Once the Warrant List is approved, the check can be drawn. Councilmember carroll explained why the Council attended conferences, seminars and workshops. It was moved by Councilmember Kerry and seconded by Councilmember Age to direct staff that expenditures Incurred by members of the City Council, the City Manager and the City Attorney be placed on the Warrant List prior to payment. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Jones, Kerry and Bowman I COUNCILMEMBERS: carroll 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF JOINT SETTLEMENT IN THE ORANGE COUNTY BANKRUPTCY: The City Attorney advised that, as a result of the Closed Session discussion, he recommended that the Council continue this item until such time as the Plan of Adjustment and the Disclosure Statement are received before any decision Is made by the Council on whether to execute the joint settlement agreement. Councilmember Jones requested that a letter be sent signed by the Mayor to the League Indicating the Council is studying the Plan of Adjustment and the Disclosure Statement and will continue this item until they have had that opportunity. It was moved by Councilmember Kerry and seconded by Councilmember Age tO continue this item until the Plan of Adjustment and the Disclosure Statement are received before a decision Is made. A letter will be sent by the Mayor to the League of california Cities Informing them of the decision. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT; 0 COUNCILMEMBERS: Age, Carroll, Join]es, Kerry and Bowman None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 19005 19117: It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the Commercial Warrant List for Warrants No. 19005 through 19117 in the amount of $904,597.79 The motion unanimously carried by the following roll call vote: 11 CITY COUNCIL MINUTES January 22, 1996 AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman None None RECESS: Mayor Bowman recessed the City Council meeting at 9:40 p.m. to enable the Councilmembers to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:43 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Counciimember Kerry stated that the "Metro" Section of Saturday's Orange County Register had a headline, "TOo Close to Pesticide for Comfort," and expressed her disappointment that two of Cypress' Elementary schools were mentioned with the basis being the schools' proximity to strawberry fields. However, Dickerson and Vessels are a long way from the fields and she felt there was no need to mention the two schools in Cypress. It was totally inappropriate to do so. The City Manager asked the Council to consider adjournment to 5:00 p.m. Tuesday, January 23, 1996 for the Budget Workshop. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:45 p.m. to 5:00 p.m., Tuesday, January 23, 1996 in the Administrative Conference ROOm. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 12