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Minutes 96-02-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 26, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:00 p.m. Monday, February 26, 1996, in the Administrative Conference Room, West Wing, Cypress City Hall, 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, Justen, Kelly, Storey and Wicker. WORKSHOP SESSION: Discussion Regarding Consultant Services and City Newsletter. In the City Council's discussion on the consultants, it was decided the Council will submit their list that they wished to discuss with staff in terms of the budget by March 11 and another workshop will be scheduled on March 25, 1996. Staff presented several examples of other cities' newsletters and following discussion, it was moved by Councilmember Jones and seconded by Councilmember Kerry to use the same newsletter format for the Cypress City Newsletter as that used by the City of Brea. 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 RECESS: Mayor Bowman recessed the meeting at 5:25 p.m. to enable the Council to meet in the Council Chamber. The meeting reconvened at 5:35 p.m. with all Councilmembers present. Also present were City Manager Darrell Essex, City A~orney John Cavanaugh and staff members Bacock, Christoffels, Kelly, Storey and Wicker. ORAL COMMUNICATIONS: FOr Matters on the 5:30 P.M. Agenda. No one spoke. CONSIDERATION OF PURCHASE OF A USED SEWER VACUUM TRAILER: The Public Works Director presented the staff report dated February 20, 1996, which sought authorization for the purchase of one used sewer cleaning vacuum trailer. This equipment will allow existing staff to perform services that previously had been contracted out, with no additional labor cost. It was moved by Councilmember Age and seconded by Councilmember Kerry to authorize the purchase of one used Camel brand VAC sewer vacuum trailer, delivered to the City for $24,500.00 plus tax, from 3T Equipment Company, Inc., P.O. BOX 750068, Petaluma, California 94975-0068. 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 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 Kerry asked that Item NO. 4, Attendance at the Fifth Annual 3CMA Mid- Year Conference, be removed and Councilmember Jones requested that Items NO. 7 and 8, Additional Appropriations for Fiscal Year 1995-96 and Budget Appropriations for Personnel Services, respectively, be pulled. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to approve Consent Calendar Items NO. 2 through 8, with the exception of Items No. 4, 7 and 8. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES February 26, 1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 2: Motion to Approve City Council Minutes of February 12, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of February 12, 1996, as submitted, with Council Member Age abstaining due to her absence at the meeting. Item No. 3: MOtion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 5: Consideration of Design Review Committee Permit NO. 96-4. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit NO. 96-4 - with conditions. RESOLUTION NO. 4598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-4 - WITH CONDITIONS. Item No. 6: Consideration of Authorization to Attend the National Association of Broadcasters Annual Convention. Recommendation: That the City Council authorize the attendance of John Olson, Video Production Coordinator, to the Annual National Association of Broadcasters Convention to be held in Las Vegas, Nevada, on April 15 - 18, 1996, and be reimbursed for all actual and necessary expenses incurred. With regard to Item NO. 4, Consideration of Authorization to Attend the Fifth Annual 3CMA (City-County Communications & Marketing Association) Mid-Year Conference, Councilmember Kerry believed that the recommendation should reflect the reimbursement of all actual and necessary expense incurred after those expenses have been submitted to and approved by Council. It was moved by Councilmember Kerry and seconded by Councilmember Age tO authorize the attendance of any interested Council Members and staff to the Fifth Annual 3CMA Mid-Year Conference, scheduled for March 28 - 30, 1996, in Las Vegas, Nevada, and be reimbursed for all actual and necessary expenses incurred after those expenses have been submitted to and approved by Council. 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 Regarding Item No. ?, Consideration of Additional Appropriations for Fiscal Year 1995-96, Councilmember Jones inquired about the length of time the City would be paying $25,000 a month to Warland Investments Company. The Finance Director explained there were 120 payments for a total of ten years. Mayor Bowman asked about the commencement date of the lease and he stated the primary document is the agreement the City made with Warland Investments. The Finance Director said that the City does not have a date at this time; however, the transfer of sales tax revenues would have to be done before the lease commences. It was moved by Councilmember Jones and seconded by Councilmember Kerry that the City Council approve the following: 1) An increase of the estimated revenue for Sales Tax receipts in the General Fund (Account 3100-11) by $250,000; 2) The transfer of $125,000 from the unreserved General Fund balance to the Capital Improvement Fund (Fund 15); and 3) The additional appropriation of $125,000 from the Capital Improvement Fund Balance to Account 4186-15-471-21 (Warland Drive Reimbursement). 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. 8, Consideration of Budget Appropriations for Personnel Services, Councilmember Jones asked about the appropriation of funds for the recruitment 2 CITY COUNCIL MINUTES February 26, 1996 services of Norm Roberts. The Administrative Services Director explained that the purpose of the request was to cover what the proposal included. Responding to Councilmember Carroll's inquiry, the Administrative Services Director advised that the request for the classification study was an item staff would like to conduct during this current fiscal year. Mayor Bowman asked the purpose of the study and why couldn't it be determined by staff. The City Manager responded that there are some employees in certain classifications that feel they should be reclassified. Councilmember Carroll stated that some things can be performed by staff, it is not necessary to use an outside source for another opinion unless there is disagreement. Mayor Bowman asked if anv Councilmember wished to separate any of the items. It was moved by Councilmember Age and seconded by Councilmember Kerry to: 1) Approve an appropriation from the General Fund Unreserved Fund Balance to ACCOUnt No. 4189-11-112-02, in the amount of $21,000, for recruitment services of Norm Roberts & Associates, Inc.; 2) Approve an appropriation from the General Fund Unreserved Fund Balance to ACcOUnt No. 4189-11- 112-02, in the amount of $5,000, for contract negotiation services by Consultant, Buford Nichols of Comp Plus; and 3) Approve an appropriation from the General Fund Unreserved Fund Balance to Account NO. 4189-11-112-02, in the amount of $2,550, for a Classification Study conducted by Consultant Barry Newton of Creative Management Solutions, Inc. The motion carried with the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Carroll, Jones and Kerry I COUNCILMEMBERS: Bowman 0 COUNCILMEMBERS: None Mayor Bowman said he is voting "no" because he felt that the third recommendation should be voted on separately and he called for a revote. Councilmember Age asked the City Attorney for a ruling. Mayor Bowman said that Councilmember Age's motion is on the floor, that is what will be voted on and he will vote "no". The motion was revoted and carried with the following results: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Carroll, Jones and Kerry I COUNCILMEMBERS: Bowman 0 COUNCILMEMBERS: None Councilmember Jones felt the Council should consider moving the Consent Calendar to the regular scheduled, cablecast meeting at 7:30 p.m. Possibly the meeting could start at 7 p.m. rather than 7:30 p.m. She also felt that the Award of Contracts should be part of the 7:30 p.m. Agenda. The City Attorney suggested that this item be placed on the Agenda. The City Manager would place the procedures and issues of timing of Council meetings on the March 11, 1996 agenda. Since the Finance Director would not be available at the 7:30 p.m. portion of the meeting, the City Manager suggested that Councilmembers ask questions of him on the cost of the recall election and Orange County bankruptcy payment procedures at this time. Responding to Councilmember Age on the cost of the recall election, the Finance Director advised that the City spent around $86,000 this fiscal year and approximately $7,000 during the last fiscal year. Councilmember Kerry suggested that perhaps the collection of property taxes should be done by an outside organization and not the county. CLOSED SESSION: Mayor Bowman recessed the meeting at 6:10 p.m. to enable the Council to enter into Closed Session to discuss the agendized matters of Conference with Labor Negotiator (Government Code Section 54957.6) on the Public Safety Emplovees and Public Works Maintenance Supervisors Associations; Conference with Legal Council on one Anticipated Litigation (Government Code Section 54956.9(b) and the Liability Claim (Government Code 54956.95) of Isidra P. Ibarra, et al vs. City of Cypress. The Mavor reconvened the meeting at 7:30 p.m. with all Councilmembers present. Also present were the City Manager, City Attornev and staff members Bacock, Christoffels, Davis, DeCarlo, Kelly and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tern Kerry. PRESENTATION: Mayor Bowman read and presented a Resolution extending congratulations to House Speaker Curt Pringle, which was accepted by Ms. Lou McNeelev. 3 CITY COUNCIL MINUTES February 26, 1996 The City Manager briefly reviewed the conversation held during the 5:00 p.m. Workshop Session. He then summarized the actions taken by the City Council during the 5:30 portion of the agenda. The City Attorney reviewed discussions held during Closed Session on the agendized items of Conference with Labor Negotiator, Conference with Legal Counsel on one anticipated litigation and a liability claim of Ibarra, et al vs. City of Cypress. ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:30 P.M. Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, stated that he and his wife congratulate Councilmember Age and wished her the best in her future political career. CONTINUATION OF 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: The staff report dated February 22, 1996 requested this item be continued. It was moved bv Councilmember Kerry and seconded by Councilmember Jones to continue this item to the Council meeting of March 11, 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 CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95- 24, EXPANSION OF ACTION ALIGNMENT AND BRAKE, 9052 WALKER STREET: Mayor Bowman opened the public hearing. The City Manager asked the Community Development Director to summarize the staff report dated February 20, 1996, which represented a request to remodel and expand an existing automotive repair business located at 9032 and 9052 Walker Street. As part of the approval, a lot line adjustment and an administrative adjustment are required. Over the years, Code Enforcement has received a number of complaints regarding the parking of vehicles from this business on Bishop Street. This proposal offers a total building area of 6,442 square feet which included a second story storage area. Also proposed as part of the expansion, is a new office with a displav area for the retail sale of automotive merchandise. In accordance with the California Environmental Quality ACt, a Categorical Exemption will be filed for this project. Notices of the public hearing were mailed to property owners within a 300 foot radius and, as of this report, staff has not received written or oral comment. Responding to Councilmember Jones, the Police Chief reported that the Police Department has received four complaints relating to this business since 1994. Councilmember Jones expressed concern about the complaints received from the Bishop Street neighbors. Councilmember Carroll asked that an asterisk be placed on staff-directed conditions. Mayor Bowman asked the City Attorney to explain the complaint process as it relates to the Conditional Use Permit and the City Attorney advised that if one of the conditions of approval is violated, the City has two options: nuisance abatement or a hearing before the City Council. There ensued discussion on the complaint process and the possible results of that process in accordance with the conditions of approval. Mr. H. D. Robson, Architect on the project, 3050 Winters Hill, Vista, explained the use of the proposed addition to the business and the placement of the second story windows. Mr. Natale Briganti, 9052 Walker Street, Cypress, owner of the business, agreed to all the conditions of approval and he responded to questions from the Council. Mayor Bowman asked if anyone wished to speak in support of the project. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, commented that the business is clean and well-maintained and he was in favor of the expansion. He urged the Council to grant Mr. Briganti's request. Ms. JO Dutro, 10002 St. Stephen Cr, Cypress, said she didn't want to see Mr. Briganti move and he definitely needs more room. HiS prices are reasonable and he is honest. 4 CITY COUNCIL MINUTES February 26, 1996 No one spoke in opposition to the application. It was moved by Councilmember Carroll and seconded by Councilmember Age tO close the public hearing, instruct staff to file a Class I Categorical Exemption and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 95-24, subject to conditions, with the added condition that no storage materials shall be visible in the second story window. RESOLUTION NO. 4599 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-24 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman I COUNCILMEMBERS: Jones 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECOND-HAND BUSINESS - CORA & MAC'S ANTIQUES & COLLECTIBLES, 5012 BALL ROAD, CYPRES$~' The public hearing was opened by Mayor Bowman. The City Manager summarized the staff report dated February 16, 1996, which represented an application for a Special Permit to operate a second-hand business received from Cora H. MCLain, 9891 Newcastle Lane, Cypress. The Affidavits of Publication and Posting of the Public Hearing Notice on this ma~ter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor or in opposition to this application. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and a copy of the report is attached. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducted 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. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. An individual in the audience, no name or address given, advised that this business was moving from Anaheim to Cypress after nine years. MS. JO Dutro remarked that she was happy to see the vacant buildings occupied and welcomed the business to the neighborhood. NO one spoke in opposition. It was moved by Councilmember Age and seconded by Councilmember Jones to close the public hearing and approve the Special Permit for second-hand business at Cora & Mac's Antiques & Collectibles, 5012 Ball Road, 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 PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 95-159, SUBDIVISION OF ONE PARCEL INTO TWO PARCELS, MCDONNELL DOUGLAS REALTY, 5995 KATELLA AVENUE: Mayor Bowman opened the public hearing. The Community Development Director reviewed the staff report dated February 13, 1996, which represented a request to subdivide a two acre parcel into two parcels. The subject property is located at 5995 Katella Avenue in the PC-3 Planned Community Business Park Zone. This application had been before the City Council on two prior occasions. On both those occasions, the City Council voted to deny this request to subdivide one parcel into two parcels due to concerns over access to the interior parcel, the size of the two parcels after subdivision and the type of use proposed for one of the parcels. Because the applicant has a CITY COUNCIL MINUTES February 26, 1996 prospective buyer for one of the parcels, they are returning to Council for reconsideration and approval of their request. In order to address Council's concern regarding access to the two parcels, staff has provided a discussion on site access in the analysis. The proposed project meets all of the standards set forth in the Cypress Subdivision Ordinance and the State Subdivision Map ACt. In accordance with the requirements of the California Environmental Quality ACt, a categorical exemption will be filed for this project. Notices of the public hearing were posted, published and mailed to all property owners within 300 feet of the subject property. To date, staff has not received any communications regarding this matter. Responding to Councilmember Carroll's inquiry on preventing any future driveway access between Valley View and the Ramada Inn, the Public Works Director advised that it can be denied because the City has the right to control where the access locations are on Katella Avenue. Mr. Merle Pautsch, representing McDonnell Douglas Realty, 4060 Lakewood Blvd., 6th Floor, Long Beach, provided the Council with a brief history on the property and why the resulting parcel is configured in the manner proposed. The main concerns of the Council appeared to be access across an adjacent parcel and the size of the parcels. The prospective buyer wanted a much smaller parcel for its restaurant. NO one wished to speak in support of or in opposition to the application. It was moved by Councilmember Age and seconded by Councilmember Jones to close the public hearing, instruct staff to file a Notice of Exemption in accordance with the requirements of the California Environmental Quality ACt and adopt the Resolution by title only, title as follows, approving Tentative Parcel Map NO. 95-159, subject to conditions in Exhibit "A." Councilmember Kerry commented that portion of the Business Park now has to enter and exit onto the two busiest streets in the community and she foresaw the potential for more traffic problems. Councilmember Carroll advised that he had opposed this project in the past because of the driveway access and the small size of the parcels, which have been satisfied, and he would vote in favor of the project. RESOLUTION NO. 4600 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 95-159 -WITH CONDITIONS. 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: ADOPTION OF VARIOUS BUILDING CODES AND AMENDMENTS THERETO: Mayor Bowman declared the public hearing open. The City Manager announced that the Community Development Director would advise on wording to be deleted because it was an action that had not been reported to the Council previously. The Community Development Director noted that on page 6 of the ordinance addressing the 1994 Uniform Fire Code and the 1994 Uniform Fire Code Standard, that Article 10, Fire-Protection Systems and Equipment, Section 1001.5.5 Installation and Maintenance, the last sentence was changed from, "The owner shall be responsible for the annual testing of all required smoke detectors." to "The person in possession of the property shall be responsible for the testing of all required smoke detectors." She then referred to the staff report dated February 21, 1996 which advised that the various building codes had been adopted through urgency measures to meet the January 1, 1996 deadline. It is now necessary for the Council to adopt the identical ordinances through the standard adoption process required under State law so they can be a permanent part of the Code of the City of Cypress. The major change in this code cycle is the renumbering of all code chapters and sections. The Community Development Director advised that reference to fees, Section 5-1e.304.2 "Uniform Administrative Code," needed to be deleted from the Urgency Ordinance. The City Manager explained that by deletion of the fees through this minute action, the new fees which were inadvertently approved in the Urgency Ordinance won't be charged. 6 CITY COUNCIL MINUTES February 26, 1996 The new ordinance will not have fees stated and staff will return to Council with a Resolution on fees. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the proposed ordinances. No one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Jones to close the public hearing and approve the first reading of the Ordinances by title only, titles as follow, adopting various building codes and certain amendments thereto, including the deletion of Section 5.1e.304.2. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 5- I AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1994 EDITION OF THE UNIFORM BUILDING CODE, THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE, THE 1994 EDITION OF THE UNIFORM HOUSING CODE, THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1994 EDITION OF THE ADMINISTRATIVE CODE AND THE 1994 EDITION OF THE UNIFORM BUILDING CODE STANDARDS AND REPEALING ORDINANCE NO. 939 AND RESOLUTION NO. 4563. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 5- 3 AND 5-4 TO CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1994 UNIFORM FIRE CODE AND THE 1994 UNIFORM FIRE CODE STANDARDS AND REPEALING ORDINANCE NO. 942. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RESCINDING ORDINANCE NO. 888 AND AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1993 EDITION, WITH CERTAIN AMENDMENTS AND REPEALING ORDINANCE NO. 940 AND RESOLUTION NO. 4565. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1994 EDITION OF THE UNIFORM PLUMBING CODE, THE 1994 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, THE 1988 EDITION OF THE UNIFORM SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS AND REPEALING ORDINANCE NO. 941 AND RESOLUTION NO. 4561. 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 A SPECIAL PERMIT ALIClA PAWN SHOP, 5529 LINCOLN AVENUE, CYPRESS: Mayor Bowman referred to the staff report dated February 14, 1996, which recommended a continuance to the City Council meeting of March 11, 1996. The City Manager said that the recommendation had been amended to continue the item to the meeting of March 25, 1996. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the City Council meeting of March 25, 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 7 CITY COUNCIL MINUTES February 26, 1996 CONTINUATION OF CONSIDERATION OF DRAFT ORDINANCE ESTABLISHING REGULATIONS FOR NONCOMMERCIAL SIGNS, INCLUDING POLITICAL SIGNS: The City Manager requested the City Attorney to summarize his report dated February 21, 1996, indicating that, on December 11, 1995, the CiL~/Council had directed him to present an ordinance establishing regulations for the placement and removal of political signs. It was determined that the Code of the City of Cypress as well as any accompanying resolutions do not adequately address the placement of noncommercial signs on private and public property. The City Council had expressed concern with the proliferation of political signs, the City's ability to enforce the illegal placement of political signs on the public right-of-way and on private property. At the February 12, 1996 Council meeting, the Council preliminarily discussed the proposed ordinance and made their initial comments. A motion and second were made to revise the proposed ordinance but the motion failed because of a lack of a majority vote; therefore, the ordinance is before the Council in its original form for discussion and direction. Since the proposed ordinance would amend the City's zoning code, a public hearing must be held under State law along with requisite findings under the California Environmental Quality Act. Councilmember Kerry asked the Public Works Director if the fee for the recovery cost of the removal of non-commercial signs from the public right-of-way was too low. The Public Works Director responded that the cost would be higher if the signs were removed on a single or even removing two or three signs. The City A~orney recommended that if the City wished to provide a cost recovery system, then to proceed with the initial analysis made by the Public Works Director. Any type of fee would be adopted through Resolution and not by ordinance. Mayor Bowman clarified that the discussion would be whether or not there would be a fee rather than the dollar amount of the fee. Councilmember Age said that there has been an resolution for political signs for many years and each candidate or group is given that resolution. The biggest complaints come from the citizens when political signs start cluttering the City. If the addition of a fee could prevent the posting of signs illegally, she would agree to a structure that would alleviate staff time in removing signs from the public right-of-way. Councilmember Jones said she was willing to amend the ordinances so they are not in conflict, but she expressed strong opposition to implementing any type of fee to be charged to the citizens. In many cases a candidate has no control over their signs and the ordinance should be left as it is. Councilmember Kerry commented that there is an ordinance, but if it was not enforced, then there was no need for it. She has heard complaints from people about signs being placed in the medians and the public rights~of-way and the citizens expect the Council to make rules that will be followed. Councilmember Carroll remarked that all the complaints were about the signs people didn't want to see, not signs in general. It seemed there was a lack of tolerance and that is what he meant by mean-spirited. He asked the Chief about the cost incurred by the Police Department on the issue of stolen signs. The Chief advised that the police investigation involved inquiry investigation and subsequent filing of those cases with the District Attorney's office. The costs would be substantial because there were several complaints made. Councilmember Age said she did not have a problem with fines for stolen signs but there had to be a complaint from the owner of the property where the sign was posted. The City Attorney and the Police Chief explained the difficulty of the issues involved with political signs posted on private property. Councilmember Carroll said that it has been his experience that signs are not an election problem on regular elections. The City Manager advised that signs are the biggest problem that staff has during an election. The Police Chief responded that during elections more calls are received about sign removal than about posting on public or private property. The Council then reviewed the proposed ordinance and eliminated (d), (e) and (g) in Section 15.9-1 and changed 90 days to 45 days in (fl. Regarding Section 15.10 general agreement was reached that the ordinances should be brought into conformance, discussion about non-commercial signs on the public rights-of-way and the cost of 8 CITY COUNCIL MINUTES February 26, 1996 recovery of stolen signs. Mayor Bowman felt that there needs to be something in the ordinance for cost recovery. Councilmembers Carroll and Jones questioned how the fee could be applied to a candidate when it wasn't their fault the sign was in the wrong place. The City Attorney suggested the cost would be recoverable at the time the individual picks up the sign and for removal only. If the sign is not picked up, the City keeps it for a period of time and then destroys it. He suggested the language after the second sentence in 15.10 be deleted and reworded so the cost of removal would be collected at the time of pick up. Councilmember Jones expressed her opposition to recovery charges. Councilmember Age commented that, in the past, the City Manager would call the person with a warning and she didn't have a problem with allowing one warning. After further discussion, it was moved by Councilmember Carroll and seconded by Councilmember Jones to table the issue. The motion failed with the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Carroll and Jones 3 COUNCILMEMBERS: Age, Kerry and Bowman 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to set a public hearing regarding an ordinance establishing regulations for noncommercial signs, including political signs by: (1) eliminating the regulation which would require a person to obtain written consent from a property owner and filed with the Director of Public Works prior to placing a noncommercial sign on private property; (2) placing a 45 day restriction on the placement of political signs prior to an election and ten days after; and (3) rewording 15.10 to include a notice sent to the owner that the City has their signs and if they wish to pick them up they can pay a fee. That decision may be appealed to the City Council. Mayor Bowman clarified if the motion would include the elimination of 15.9-1(d), (e) and (g) and change 90 days to 45 days in (fl. Councilmember Kerry agreed that was a part of her motion. Councilmember Jones felt a burden was being placed on staff and Council to conduct a hearing process for appeals under the proposed ordinance and she asked for reconsideration on the fee and hearing process. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Kerry and Bowman 2 COUNCILMEMBERS: Carroll and Jones 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF "JOINT AGREEMENT OF THE COUNTY OF ORANGE, THE OFFICIAL INVESTMENT POOL PARTICIPANTS' COMMITTEE AND EACH OPTION A POOL PARTICIPANT FOR RESOLUTION OF CLAIMS AGAINST THE COUNTY OF ORANGE: The City Manager referred to the staff report dated February 12, 1996 which advised that the Joint Agreement was an integral part of the financial recovery plan proposed by the County and approval would constitute an agreement by the City to approve the Plan of Adjustment. There are three documents relative to this step and future steps that are now being reviewed and considered by Pool participants: the Joint Agreement; Plan of Adjustment (Cypress-type Claims) and Disclosure Statement. The only document requiring approval by the City Council, at this time, is the Joint Agreement. The Plan and the Disclosure Statement may be revised and will be presented to the City Council at a future meeting. They generally set forth the rights of claimants as well as the dollar amount and process by which claimants will get their money. Questions from Council had been answered by the Finance Director earlier in the evening and the Treasurer was present to answer any additional questions about the agreement. The City Attorney advised that the agreement would guarantee a certain percentage now. Councilmember Carroll commented that the agreement was written entirely in the County's favor, without recourse by the City. Councilmember Kerry stated that the money is the City's but if the City wants the money, they have to sign an agreement. The County still has the same controls over the City as always. After some additional comments, the City Manager reiterated that the City of Cypress had limited its exposure to a minimum in the Investment Pool. It was moved by Councilmember Carroll and seconded by Councilmember Age tO approve the "Joint Agreement of the County of Orange, the Official Investment Pool 9 CITY COUNCIL MINUTES February 26, 1996 Participants' Committee and Each Option A POol Participant for Resolution of Claims Against the County of OrangeH and authorize the Mayor to sign the Agreement. 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 OF CYPRESS INVESTMENT POLICY: The City Manager referred to the staff report dated February 21, 1996, with the Information that the Finance Director and City Treasurer are responsible for annually submitting the Statement of Investment Policy to the City Council. The Policy Is reviewed and modified to ensure its consistency with the overall objectives of preservation of principal and liquidity and its relevance to current law, financial and economic conditions. Responding to Councilmember Age's request, the City Treasurer explained the procedures for accountability, Investment philosophy ~nd internal controls. Councilmember Carroll referred to the objective of the statement of investment policy and he asked that the first sentence be: 'The primary objectives with respect to Investing of temporarily otherwise idle Cypress City cash are the preservation 'safety' of the purchasing power and availability liquidity of Invested amounts. Attempts to obtain the highest yield available in the market must always first satisfy the criteria of safety and liquidity.' He mentioned that the City Treasurer cannot take Illegal or Irresponsible orders In spite of higher authority. The City Treasurer explained that she has the responsibility to advise the City Council or City Manager if she feels something is not appropriate. The City Manager emphasized another control factor was the Council's control of the audit function. The City Treasurer advised that the Statement of Investment Policy submitted to the City Council had been modified to Include changes In the California Government Code, effective January 1, 1996. Councilmember Jones referred to the policy and made some suggestions for changes in the policy language. She recommended that these suggested changes be discussed during a workshop session. Mayor Bowman asked that the older Investments that are held and do not comply with the current Investment policy be Identified for the workshop. After some discussion on the policy, the City Manager asked that the issues that the Council wanted to raise be submitted to the City Treasurer and the Finance Director prior to the meeting. It was moved by Councilmember Carroll and seconded by Councilmember Jones to continue this item to a workshop to be held on March 11, 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 COMMUNICATION FROM THE CITY OF ANAHEIM, REQUESTING SUPPORT FO~ i¥$ INS (IMMIGRATION AND NATURALIZATION SERVICE) IDENTIFICATION PILOT PROJE~¥: Mayor Bowman had requested that this matter be placed on the agenda for discussion by the City Council. He had received a communication from Councilmember Zemel of the City of Anaheim, requesting support of the City's proposed six-month pilot program to secure an INS agent in the City's jail to legally and appropriately identify suspected criminal Illegal alien offenders. The City of Anaheim believed that this program will provide a reliable blueprint for other cities to Implement and achieve effective and efficient crime prevention methods. After some discussion, Councilmember Age requested that, at the end of the time period, an updated report be provided to the Council and perhaps a multi-jurisdictional approach be considered. The Chief advised that the Anaheim project has been reviewed by public safety agencies. Councilmember Carroll remarked that he would prefer that the City send a letter rather than a resolution. 10 CITY COUNCIL MINUTES February 26, 1996 It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, supporting the City of Anaheim's Identification Pilot Project. RESOLUTION NO. 4601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE PROPOSED CITY OF ANAHEIM'S INS IDENTIFICATION PILOT PROJECT. 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 COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 19408 - 19617: It was moved by Councilmember Age and seconded by Councilmember Carroll to approve the Commercial Warrant LiS~S NO. 19408 through 19612 in the amount of $908,237.08. 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 ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Ms. Jo Dutro, Cypress, expressed her opposition to the occurrence at the last Council meeting when Councilmember Carroll attempted to impose a condition on the owner of Burger King tO SUpply 1,000 burgers or certificates therefor to the Cypress Boys and Girls Club. She believed the demand was wrong, it set a dangerous precedent and it was unfair. Councilmember Carroll responded that it was a question of fairness and those developers that apply for the proper permits in a timely fashion should not be penalized by giving an advantage to the offender who applies for permits only after they are informed their project is not in conformance. The City Attorney clarified that the request for burgers was not made a part of the conditions of approval. Mayor Bowman recounted events held during the month such as, the Americana Awards, the groundbreaking at Bandai, recognition presented to Mary Kay Cosmetics bv the North Orange County Business Women's Group, Chamber mixer at the Woodfin, Hotline dinner and casino night and a grad night auction. Councilmember Kerry remarked that Shaw Carpet is in the process of moving into their new facility and it will become operational very soon. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:40 p.m. to 5:00 p.m. Monday, March 11, 1996 in the Administrative Conference ROOm for a Workshop Session on the City of Cypress Investment Policy. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 11