Loading...
Minutes 96-06-24 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 24, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:03 p.m., Monday, June 24,1996, in the Administrative Conference Room, Cypress City Hall, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding. PRESENT:CouncilmemberS Age, Carroll and Bowman ABSENT: Councilmembers Jones and Kerry Also present was Orange County Transportation Authority Project Manager Ellen Harvey and Steve SChibuola, Consultant with the IBI Group, and City staff members Angus, Kelly, Christoffels and Hawkins. COUNCILMEMBER JONES ARRIVED AT 5:04 P.M. WORKSHOP SESSION: OCTA Right-of-Way Presentation Ms. Harvey presented a workshop on the right-of-way along the Pacific Electric tracks, which do pass through the City of Cypress, by the college and up through the Lincoln Avenue corridor. Measure M allocates funding for the purchase of the right-of-way to protect and preserve. A series of rail studies have been undertaken on the corridor. in general, people are concerned with safety, improvement in the quality of life and suggestions made on how to protect the right-of-way for future transit use. Police Chief Wicker began his report on the status of gang activity; however, the City Attorney advised the Council to continue the meeting in the Chamber. RECESS: Mayor Bowman recessed the meeting at 5:35 p.m. to enable the Council to move to the Council Chamber to continue their discussions with the Chief. CLOSED SESSION: At 5:50 p.m., the Council entered into Closed Session to discuss those agendized items of: Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a), Chrysteen Massey; Conference with Labor Negotiator (Government Code Section 54957.6) on Public Safety Employees, Police Management and Maintenance Employee'S Association; and Liability Claims (Government Code Section 54956.95) Thomas Heffern vs. City of Cypress. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by City manager Darrell Essex. PRESENTATIONS: Mr. Nick EighmV, representing the Cypress High School Athletic Boosters, made a presentation to Recreation & Park Director Marvin DeCario and Recreation Coordinator/Facilities operations Steve Farmer, who was unable to attend, for coordination of the successful Cinco de Mayo event. Mayor Bowman presented a Certificate of Special Recognition to the Cypress High School Band & Pageantry for being selected to participate in the Annual MacV's Thanksgiving Day Parade in New York City on November 28,1996. Counclimember Jones suggested that a letter be sent from the mayor to the business community alerting them to the fact that the Band & Pageantry will be doing fund raising. Mayor Bowman acknowledged receipt of a $500 grant from Target Stores to the Police Department, which will be used to assist In the purchase of equipment to enhance the video surveillance In many retail stores In the community. The City Manager commented on the P.E. right-of-way workshop held at 5 P.M. The City Attorney advised that the Council held a Closed Session on those agendized items addressing: the Workers Compensation Appeals Board Case No. VNO 0300742, VNO 0300743 which was not discussed and was continued to the next Closed Session. Agreement has been reached on the Public Safety Employees and Police management 1 CITY COUNCIL MINUTES June 22,1996 Associations MoUs. No action was taken on the Maintenance Employees' Association MOU and the claim Of Thomas Heffern was officially rejected. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 P.M. Agenda. No one wished to speak. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR LEASE OF THREE VEHICLES: The Police Chief summarized the staff report dated June 12, 1996, which advised that the Special Enforcement Team had maintained two leased cars for its undercover operations and the lease has expired. The Police Department wishes to lease a third vehicle for the newly formed Cypress Community Action Team capable of transporting officers and their bicycles to and from their targeted community problem assignment. The report recommended the leasing of the three vehicles from Selman Chevrolet. It was moved by Councilmember Carroll and seconded by Counclimember Age to: 1.Award a contract for a one year lease to Selman Chevrolet, 1800 East Chapman, Orange, California 92666, at the annual cost of $17,460.00 for three vehicles; and 2.Approve the transfer of $5,820.00 from the asset seizure fund to the General Fund and appropriate $5,820.00 in Account 4189-11-163-05. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF RESIDENTIAL STREETS, PUBLIC WORKS PROJECT NO. 9532: The City Manager asked the Public Works Director to present the staff report dated June 13,1996, which recommended the award of a construction contract for the pavement rehabilitation of residential streets in Districts 13, 15, 27 and 28. Four bids were received for the work which includes removal and replacement of deteriorated sections of existing pavement and placement of new asphalt overlay/fogseal on the entire street surface. Mayor Bowman requested the local papers publish the map showing the affected streets. it was moved by Councilmember Age and seconded by councilmember Jones to: 1.Determine the lowest responsible bidder for Public works Project No. 9532 to be Excel Paving Company; and 2.Award a contract for the Pavement Rehabilitation of Residential Streets to Excel Paving Company, 2230 Lemon Avenue, Long Beach, California 90806, in the amount of $384,671.14 (award amount of $349,701.04 plus 10% contingency). The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF AWARD OF CONTRACT FOR THE AMERICANS WITH DISABILITIES ACT (ADA) ALTERATIONS, PUBLIC WORKS PROJECT NO. 9430: The Public Works Director reviewed the staff report dated June 17, 1996, which indicated that six bids were received for the Americans with Disabilities Act (ADA) Alterations project. The work includes: reconstructing concrete access ramps at the Police Department, City Hall and Darrell Essex Park, modifying handralls at City Hall and Council Chambers and modifying restrooms at City Hall, Police Department, Boys and Girls Club, Community Center, Senior Center, Evergreen Park, Willow Park, Oak Knoll Park and Darrell Essex Park. it was moved by Councilmember Jones and seconded by Councilmember Age to: 2 CITY COUNCIL MINUTES June 22,1996 1.Determine that the lowest responsible bidder for Public Works Project No. 9430 to be Lloyd Engineering Corporation; and 2.Award a contract for the Americans with Disabilities Act (ADA) Alterations to Lloyd Engineering Corporation, 909 E. Yorba Linda Blvd., Suite H, Placentia, California 92670, in the amount of $181,418.00 (award amount of $157,755.00 plus 15% contingency). The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF A STORAGE ROOM AND TRASH ENCLOSURE AT THE SENIOR CENTER, PUBLIC WORKS PROJECT NO. 9550, REQUEST FOR QUOTATION NO. 9596-21: At the request of the City Manager, the Public Works Director summarized the staff report dated June 18, 1996, which indicated that two bids were received for the construction of a storage room and trash enclosure at the Senior Center to provide for the storage of chairs and tables and to eliminate the current practice of storing this equipment at an off-site storage facility. It was moved by Councilmember Jones and seconded by Councilmember Carroll to authorize an award of contract for the construction of a storage building and trash enclosure to T & M Construction, 8946 Reales, Alta Loma, California 92407, in the amount of $18,380. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF EXTENSION ON A MONTHLY BASIS WITH MELAD AND ASSOCIATES FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES: The Community Development Director summarized the staff report dated June 18, 1996, which requested the consultant plan check contract be renewed as part of the budget process. Staff is requesting extension of the existing contract with Melad and Associates be renewed on a month-to-month basis until a new contract is awarded. The fees charged by Melad and Associates will remain the same as the original contract date of April 26,1988. It was moved by Councilmember Age and seconded by Councilmember Carroll that the City Council extend, on a month-to-month basis, the contract for professional building plan check services with Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, California 92647, until such date as a new plan check contract is awarded, but in no event to exceed three months. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF AWARD OF CONTRACT FOR LOBBY FURNITURE FOR THE CYPRESS RECREATION AND PARK DISTRICT: The Recreation & Park Director, at the request of the City Manager, presented the staff report dated June 18,1996, dealing with the purchase of new furniture for the east, west and administrative office lobbies in the Community Center. The goal was to purchase a commercial grade furniture that would adapt to the various activities and rentals in the Center. Five bids were received for the selected furniture. It was moved by Councilmember Carroll and seconded by Councilmember Jones that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the award of contract to TFS, Inc., dba, lnterservice, 2284 N. Glassell Street, Suite G, orange CA 92665, in the amount of S25,826.54. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:1 COUNCILMEMBERS: Kerry 3 CITY COUNCIL MINUTES June 22,1996 CONSIDERATION OF EXTENSION ON A MONTHLY BASIS WITH WILLDAN ASSOCIATES FOR SUPPLEMENTAL PROFESSIONAL BUILDING PLAN CHECK SERVICES: The Community Development Director reviewed the staff report dated June 14, 1996, which indicated that the supplemental consultant plan check contract needed to be renewed. Staff is requesting an extension of the existing contract on a month-to-month basis until a new contract is awarded. The fees charged by Willdan Associates will remain the same as the original contract dated March, 1990. it was moved by Councilmember Age and seconded by Councilmember Jones to extend, on a month-to-month basis, the contract for supplemental structural building plan check services with Willdan Associates, 12900 Crossroads Parkway South, Suite 200, industry, California 91746, until such date as a new plan check contract is awarded, but not to exceed three months. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Kerry 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 said that Councilmember Kerry had called and asked that item 14, Legislation and other Issues for Council Support or Opposition be pulled. Councilmember Carroll requested that Items 13,15 and 17, Monthly Investment Program, MOU and Authorizing Resolution for Cypress Public Safety Employees' Association and Senior Citizens Nutrition Transportation Agreement, respectively, be removed. it was moved by Councilmember Carroll and seconded by Councilmember Jones to approve Consent Calendar Items No. 8 through 1 8, except Items 13, 14, 15 and 17. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry tem No. 8: Motion to Approve City Council Minutes of June 10, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of June 10, 1996, as submitted. Item No. 9: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 10: Consideration of Proclaiming July 1996, as "Parks and Recreation Month." Recommendation: That the Mayor and city Council officially proclaim July 1996, as "Parks and Recreation Month" in the City of Cypress. tem No. li: Consideration of Continuous Employment Lists - Police off lcer Lateral Entry and Academy Trained Entry. Recommendation: Receive and file. Item No. 12: Consideration of Resolution Approving the City's Participation With the County of orange in the Federal Housing and Community Development Block Grant (CDBG) and HOME Programs. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the Cooperation Agreement with the County of Orange to continue the City's participation in the Community Development Block Grant (CDBG) and HOME Programs for Fiscal Years 1997-1999. 4 CITY COUNCIL MINUTES June 22, 1996 RESOLUTION NO. 4649 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS WITH THE COUNTY OF ORANGE. item No. 16: Continuation of Consideration of Addendum #1 to Maintenance Employees' Association Memorandum of Understanding and Authorizing Resolutions Regarding Alcohol and Controlled Substance Policy & Testing Program for Commercial motor Vehicle Drivers Relating to Regulations issued by the Federal Highway Administration of the Department of Transportation. Recommendation: That the City Council move to adopt the Resolutions by titles only, titles as follow, to ratify Addendum #1 to the Memorandum of Understanding between the City and the Cypress Maintenance Employees' Association (MEA), and to modify the job descriptions of various positions. RESOLUTION NO. 4650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN ADDENDUM #1 TO THE CURRENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION BY ADDING AN ALCOHOL AND CONTROLLED SUBSTANCE PREVENTION POLICY AND TESTING PROGRAM FOR COMMERCIAL MOTOR VEHICLE DRIVERS RELATING TO REGULATIONS ISSUED BY THE FEDERAL HIGHWAY ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. 4651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY REVISING THE JOB CLASSIFICATIONS OF MAINTENANCE WORKER 1, MAINTENANCE WORKER 11, MAINTENANCE SPECIALIST, ASSISTANT MECHANIC, MECHANIC, AND STREET SWEEPER OPERATOR IN THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Recreation & Park District Matters: Item No. 18: Consideration of an Appropriation of Funds From the Cypress Recreation and Park District's General Fund for the Payment of Contract instructors. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve an appropriation of $7,000 from the Cypress Recreation and Park District's General Fund to Program Account 4187- 12-316-10. Regarding Item No. 13, Consideration of Monthly Investment Program for the Month of May 1996, Councilmember Carroll asked for clarification on the difference between the par value and the market value of the investments, which was explained by the Finance Director. it was moved by Councilmember Carroll and seconded by Counclimember Age to receive and file the report. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry With regard to Item No. 14, Consideration of Legislation and Other issues for City Council Support or opposition, Councilmember Age expressed Councilmember Kerry's suggestion to support AB 2357 and recommend the addition of "roller blading" as a hazardous recreational activity. it was moved by Councilmember Age and seconded by Councilmember Jones to: 1) Authorize support of the League of California Cities' position on AB 2357 (morrow), and recommend addition of "roller blading," relating to the inclusion of skateboarding as a hazardous recreational activity; 2) Authorize support of the League of California Cities, position, supporting SB 1393 trailer bill/s to provide for greater return of revenues to cities from Vehicle Code fines and property tax transfers; and 3) Authorize support of the League of California Cities' position on AB 2385 (Brulte), relating to joint and several liability economic damages limitations. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES June 22,1996 AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry in regard to Item No. 15, Consideration of Memorandum of Understanding and Authorizing Resolution for the Cypress Public Safety Employees' Association, Councilmember Carroll remarked that the two year contract was a plus, the increase reflected 6.8% total over the two years and the Public Safety Employees have done a service to the City and the City Council did a fine job negotiating the agreement. it was moved by Counclimember Carroll and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, that ratifies the Memorandum of Understanding between the City and the Cypress Public Safety Employees' Association. RESOLUTION NO. 4652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC SAFETY EMPLOYEES'ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry Regarding item No. 17, Consideration of Senior Citizens Nutrition Transportation Agreement, Councilmember Carroll asked how many Cypress citizens used this service, the frequency and how much of the cost is incurred. The Recreation & Park Director responded that the average has been about $5,500 annually and, in the past, the ceiling was even higher. The average cost is about $1.74 per person and the service is for seniors without transportation. it was moved by Councilmember Carroll and seconded by Councilmember Jones that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the Transportation Agreement with the orange County Transportation Authority for the 1996-97 Fiscal Year, at a cost not to exceed $6,204, payable to OCTA for the performance of the Agreement. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry PUBLIC HEARINGS: CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS - GREATER LONG BEACH CHRISTIAN SCHOOLS, INC., D.B.A., B.C. THRIFT CENTER, 4955 LINCOLN AVENUE, CYPRESS: Mayor Bowman opened the public hearing and the City Manager presented the staff report dated June 18, 1996. An application for a Special Permit to allow the conduct of a secondhand business has been received from Ms. Becky Holland, manager for the B.C. Thrift Center, 4955 Lincoln Avenue, Cypress, sponsored by the Greater Long Beach Christian Schools, Inc., for the sale of used clothing, kitchen utensils, small pieces of furniture and housewares. other items that contain serial numbers, such as stereos and sewing machines, may occasionally be marketed and, in that respect, a Secondhand Dealer's License from the State has been obtained. The Affidavits of Publication, Mailing 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 application. The Chief of Police conducted an investigation in accordance with Section 15-60 of the Cypress City Code. The Planning Department staff recommended that no outdoor display/storage of merchandise be allowed and all sorting of items be conducted indoors. 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. 6 CITY COUNCIL MINUTES June 22,1996 Mr. David Wolf, Director of Advancement and Chief Financial Officer for Greater Long Beach Christian Schools, volunteered to answer any questions from the Council. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. No one spoke. Councilmember Age expressed the hope that this type of business would fit the Lincoln Avenue Redevelopment plans. Counclimember Jones commented that the location of the thrift store is of greater concern to her than the actual permit. Councilmember Carroll commented if the secondhand Dealer's license was rescinded, then the City could invalidate the permit, but in any event, the permit be reviewed in two years. The City Manager suggested that would be an appropriate condition. The City Attorney concurred and indicated the appropriateness of Council review of the status in two years. it was moved by Councilmember Carroll and seconded by Mayor Bowman close the public hearing, conditionally approve the permit that no outdoor display/storage of merchandise be allowed, all sorting of items to be conducted indoors, with the Special Permit to be reviewed by the City Council in two years. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF PUBLIC HEARING RE: REVIEW OF ORDINANCE NO. 856, REGULATING THE OPERATION OF LEAF BLOWERS IN THE CITY OF CYPRESS: The public hearing was opened by the mayor. The City manager referred to the staff report dated June 19, 1996, which indicated that the City Council had requested a Public Hearing to review Ordinance NO. 856 regulating the operation of gas-powered leaf blowers in the City of Cypress. 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 issue. A brief survey of the other 30 Orange County Cities revealed that 20 cities have no regulations, nine have an Ordinance similar to Cypress and one City (Laguna Beach) totally bans leaf blower use. The Public Works Director advised that the increase to City personnel costs would be approximately $13,000/year, should a ban on leaf blowers be initiated. in addition, Golden Bear Arborists, the landscape maintenance contractor for the City parks and medians, reported that it would be necessary to provide two additional full-time employees, an estimated increase of S39,000/year to the current contract rate. At the request of the Council, the Public works Director briefly summarized the current ordinance on leaf blowers. Mayor Bowman asked if anyone wished to speak in favor of or in opposition to the proposed ban on gas-operated leaf blowers. No one wished to speak. It was moved Councilmember Age and seconded by Councilmember Jones to close the public hearing and remain with the current leaf blower Ordinance No. 856. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF THE 1996-97 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT: The Mayor opened the public hearing. The City Manager introduced the Recreation and Park District budget that is required to be considered in a public hearing and has already been reviewed by the City Council, with the City Manager, the District Director and the Finance Director. As stated in the staff report dated June 7, 1996, the total operating revenues presented for adoption are $3,138,796 which is $53,981 or 1.8% higher than the prior year's adopted budget. 7 CITY COUNCIL MINUTES June 22,1996 Councilmember Age mentioned that the Council has had many workshops on the budget. Councilmember Carroll commented that the Director has done a good job of allocating the resources to all ages and areas of interest in the City. No one wished to speak in support of or in opposition to the proposed budget. it was moved by Councilmember Age and seconded by Counclimember Jones that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, close the public hearing and adopt the 1996-97 District Budget as proposed. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF THE ADOPTION OF THE 1996-97 BUDGET FOR THE CITY OF CYPRESS: The City Manager presented the staff report dated June 7, 1996, which advised that the City Council reviewed the preliminary 1996-97 budget at the May 4, 1996 workshop with the City Manager and the Department Heads. The recommendations made by the Council have been incorporated, along with other changes, into the budget document. The total proposed budget is $2,499,910 or 12.9% higher than the 1995-96 adopted budget. The City Manager expressed his pride in this particular budget as it dovetails with the Redevelopment and Capital improvement budgets. The budget balances, salaries and benefits are provided for, maintenance and operations have been increased to maintain the City streets with a return to the public for improvements and enhanced appearance of the community. The sales tax has increased with improvements in the Business Park, a service level maintained without increasing staff and the operating budget is slightly higher than prior years but the revenues are even higher. Councilmember Jones felt that the citizens will benefit greatly over the next fiscal year and the budget provides for the public safety and the infrastructure of the City. Councilmember Carroll felt that the two most important civic responsibilities were the infrastructure and public safety. The Council has considered the budget for some time and It will be available in the Cypress library. Councilmember Age mentioned that Cypi,ess is one of the few cities that does not have a utility tax and Cypress City Councils have worked very hard to bring in sales tax revenues for the City. It was moved by Councilmember Jones and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, adopting the 1996-97 Budget for the City of Cypress. RESOLUTION NO. 4653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR, COMMENCING JULY 1, 1996 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF REPORT ON GANG ACTIVITY: The City Manager asked the Police Chief to present the report on gang activity. The Chief provided a brief history of gangs. He reported that the City of Cypress is not free of gangs but it is not a haven for gang crime. Tracking gang crime is relatively new to orange County and he gave some statistics county-wide on the number of gang members in various age categories, the names of gangs and their cities and type of victims. There is no known gang that claims Cypress as its territory. on June 26, 1996, the gang information tracking system will release all its data and information countv-wide on gang crimes. He emphasized that 8 CITY COUNCIL MINUTES June 22,1996 the City of Cypress is a very safe and positive community in which to live. Training and education in the schools is continuing. At the request of Councilmember Carroll, the Chief spoke about the recent Citizens Police Academy graduation of its first class. it is a ten week program, each Tuesday night taught by members of the Cypress Police Department as it relates to every aspect of the Department. The City Manager said that the major resources of the Cypress community go to public safety and he assured the public that the City does spend money to address the issues of gangs and other types of crime prevention. CONSIDERATION OF TRANSFER OF OWNERSHIP FOR CITY-OWNED TRAILER TO STRAIGHT TALK, INC.: The City Manager summarized the staff report dated June 17, 1996, which advised that Straight Talk, Inc., has occupied a City-owned trailer located at 5732 Camp Street since November 1971. The trailer is located on Cypress School District Property as authorized by a lease agreement between the City and the District and Straight Talk occupies the trailer under the terms of a sub-lease agreement with the City. The trailer is not used by the City of Cypress and, at this time, it would benefit the City financially and socially to convey ownership to Straight Talk. Responding to Councilmember Carroll, the City Attorney replied that the transfer of title to Straight Talk, would relieve the City of the financial liability to meet ADA requirements. It was moved by Councilmember Jones and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, conveying the City-owned trailer to Straight Talk, Inc., terminating the Lease Agreement with the Cypress School District and the Sub- Lease with Straight Talk, Inc. RESOLUTION NO. 4654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING DISPOSITION OF THE CITY-OWNED TRAILER, LOCATED AT 5732 CAMP STREET, DIRECTING THAT OWNERSHIP OF THE TRAILER BE CONVEYED TO STRAIGHT TALK, INC., TERMINATING THE SUB-LEASE AGREEMENT OF NOVEMBER 22,1971, BETWEEN THE CITY AND STRAIGHT TALK, INC., AND AUTHORIZING TERMINATION OF THE LEASE AGREEMENT OF NOVEMBER 22,1971, BETWEEN THE CITY AND CYPRESS SCHOOL DISTRICT. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF ADOPTION OF REQUIRED RESOLUTIONS FOR THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,1996: The City Manager reviewed the staff report dated June 18, 1996 to which were attached copies of the required Resolutions for the conduct of the General Municipal Election to be held on November 5, 1996 for the purpose of electing two (2) Members of the City Council for the full terms of four (4) years and for the submittal of a Drainage Bond measure. Councilmember Age stated that the governing body has the first option to write the arguments for the Drainage Bond measure and the Council should consider if they wish to do so. Councilmember Jones felt that if the Councilmembers did write the argument, that would be the way to convey their support of the ballot measure. Councilmember Carroll clarified that it was appropriate for the Council to author the arguments, but not the staff. In response to Councilmember Jones' question, the City Attorney explained the foreign language policy. It was moved by Councilmember Age and seconded by Councilmember Carroll to adopt the Resolutions by titles only, titles as follow: calling and giving Notice of the Holding of 9 CITY COUNCIL MINUTES June 22,1996 a General Municipal Election, requesting the Board of Supervisors of the County of orange to consolidate the election, adopting regulations for candidates, setting priorities for filing written arguments and providing for the filing of rebuttal arguments. RESOLUTION NO. 4655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A STORM DRAINAGE BOND. RESOLUTION NO. 4656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. RESOLUTION NO. 4657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION. RESOLUTION NO. 4658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. RESOLUTION NO. 4659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry It was moved by Councilmember Age and seconded by Councilmember Jones that the City Council exercise their right and submit language for the drainage bond measure argument. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Kerry CONSIDERATION OF THE ADOPTION OF THE 1996-2003 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT: The City Manager and the Public Works Director presented the staff report dated June 20,1996, which described that the preliminary 1996-2003 Capital Improvement Program (CIP) was reviewed by the City Council at its May 4, 1996 workshop. Each year, portions of the City, Recreation and Park District and Redevelopment Agency budgets are devoted to projects that maintain and improve the CitV's Infrastructure of streets, storm drains, sewers, traffic signals, buildings and park facilities. The goal of the City of cypress seven year Capital Improvement Program is to identify all facility upgrades, infrastructure maintenance or new construction of facilities, along with their funding sources, so that the City will have a financial plan to meet these needs. In addition, it provides the means to effectively prioritize projects based on the health, safety and welfare of Cypress' residents and businesses, when the financial resources are not available to fund all of the City's needs. 10 CITY COUNCIL MINUTESJune 22,1996 Councilmember Jones said that she was well pleased with the program and asked if there was any way to move the dollars forward for sidewalk repair. Councilmember Carroll saluted staff for their outstanding work on the long term strategic planning. Mayor Bowman stated that budgeting was a function of revenue and if there isn't revenue, capital improvements cannot be budgeted. This community is very fortunate that they have been able to build up the revenue without a utility tax. Councilmember Age commented that the Council and staff have had the vision to be able to predict the long range goals and follow them. It was moved by Councilmember Age and seconded by Councilmember Jones to adopt the 1996-2003 Capital Improvement Program. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT. I COUNCILMEMBERS: Kerry CONSIDERATION BY THE CITY COUNCIL TO APPROVE AMENDED EXHIBIT "A" TO THE RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES: The City Manager asked the City Attorney to summarize the staff report dated June 18, 1996, which asked for City Council approval of an amended Exhibit "A" to the Retainer Agreement for city attorney services as proposed by Woodruff, Spradlin & Smart. The city attorney's rates have remained the same since they were retained in 1994. Councilmember Jones said she had no problem with increasing the rate, but she asked for an explanation of the retainer which was provided by the City Attorney. it was moved by Councilmember Jones and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, amending Exhibit "A" to the Retainer Agreement. RESOLUTION NO. 4660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING AMENDED EXHIBIT "A" TO THE RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES. The motion unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry CONSIDERATION OF RECOMMENDATION FROM THE CATV COMMISSION REGARDING CABLE TV PUBLIC, EDUCATION, & GOVERNMENT CHANNEL 1992 -1994 REVIEW - PUBLICITY PLAN FOLLOW- UP RECOMMENDATIONS: The City Manager called upon the Administrative Services Director to summarize the staff report dated June 21, 1996, which provided the status of the publicity plan recommended 13v the CATV Commission and earlier approved by the City Council. The publicity plan was referred back to the CATV Commission for review and recommendation on the various publicity issues relating to PEG programming. The publicity plan recommends various unbudgeted expenditures and if the Council approves the plan, a subsequent report will be prepared for budget appropriations for Items 1 and 3. CATV Commission Chairman Giampapa was present to answer questions from Council. Councilmember Jones referred to Action Item B and felt that financing and promoting a middle and high school TV production class was one of the most important things that could be done for the community and the youth. She suggested a review of the CATV Commission budget. Counclimember Age commented about an update of the PEG publicity program and Chairman Giampapa responded that much of the program has already been implemented. CITY COUNCIL MINUTES June 22,1996 Councilmember Carroll referred to items 1 and 3, which he considered to be very important parts of the plan but they are not costed out. He asked if it would be acceptable to the Commission if the Council excluded approval on Items 1 and 3 until some future date. chairman Giampapa said he would like to see the items approved and then the Commission would come back with a cost, which doesn't mean the money would be available at that time. Counclimember Carroll would approve the concepts, but he expressed concern about the final budget figure. it was moved by Councilmember Age to approve the CATV Commission's PEG Publicity Plan in concept and direct the Commission to return to Council with the breakdown of costs. Mayor Bowman suggested PEG channels cablecast reruns of the D.A.R.E. graduations to assist in providing additional publicity. Councilmember Carroll seconded the motion and it was unanimously carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Kerry COUNCILMEMBER KERRY ARRIVED AT 8:45 P.M. CONSIDERATION OF REQUEST TO DETERMINE WHETHER AN OFFICE SUPPLY STORE IS A SIMILAR USE TO PERMITTED USE FOR THE PROFESSIONAL OFFICE LAND USE CATEGORY (PLANNING AREA 5) OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN: The City Manager asked the Community Development Director to summarize the staff report dated June 17, 1996, which described a request by Mr. Christo Bardis regarding a potential office supply store use for the corner of Katella and Winners Circle. This location is within Planning Area 5, which is designated for Professional Office land use in the Cypress Business & Professional Center Specific Plan. The specific plan allows for consideration of uses which are similar to the list of permitted uses. Mr. Bardis is requesting that the office supply store use be determined to be a similar use to the list of permitted uses. Responding to Counclimember Carroll's inquiry on why this use should be included now, the Community Development Director and City Attorney answered that the specific plan adopted was very flexible to allow contingencies such as this request and to fully utilize the specific plan thus increasing its value. The City Manager mentioned that this auxiliary use augments office uses and it also produces revenue, which offices generally do not produce. It was moved by Councilmember Jones and seconded by Councilmember Age to find that the requested office supply store use is consistent with the purpose and intent of Chapter VI of the Cypress Business & Professional Center Specific Plan, is similar to the listed permitted uses and would be compatible with those uses. Mayor Bowman commented that office supply stores may not be listed in other zones that it would be allowed in because it is a new concept. 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 SALARY AND BENEFIT RESOLUTION FOR TOP MANAGEMENT EMPLOYEES: The City Manager referred to the staff report dated June 14,1996, to which was attached the Resolution providing for salary and benefit changes for the Top Management Employees. The Resolution conforms to prior authorization provided by City Council. He said the changes were well-deserved and he highly recommended the increases. It was moved by Counclimember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, establishing salary ranges and other benefit changes for the Top Management positions. RESOLUTION NO. 4661 A RESOLUTION 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. 4496, ESTABLISHING SALARY RANGES AND OTHER BENEFIT CHANGES FOR THE TOP MANAGEMENT POSITIONS. 12 CITY COUNCIL MINUTES June 22,1996 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 AMENDED AND RESTATED COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CYPRESS PARK SENIOR COMMUNITY HOUSING PROJECT: The Community Development Manager presented the staff report dated June 18, 1996 which referred to the previously approved Conditional Use Permit 93-15 allowing the construction of a 124 unit senior apartment complex at 9021 GrindlaV Street. Condition No. 35 of the permit required a certain number of units to be targeted to specific income groups and rented at affordable housing Costs. To resolve issues relating to the application of housing funds for the payment of a portion of the utilities and park fees, the Cypress Redeveloliment Agency must also comply with State Law by having the developer designate and covenant three additional units as moderate units, which they have agreed to do. it was moved by Councilmember Kerry and seconded by Councilmember Age to approve the Amended and Restated Covenants, Conditions and Restrictions for the Cypress Park Senior Community Housing Project adding three additional moderate units to the project. 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 COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21367 - 21554: It was moved by Councilmember Age and seconded by Counclimember Kerry to approve the warrants No. 21367 and 21554 in the amount of $722,687.71. 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 Cypress Recreation & Park District Matters: CONSIDERATION OF PARTICIPATION IN THE 8TH ANNUAL CALIFORNIA STATE GAMES "ATHLETE OF DISTINCTION" AWARDS DINNER: The Recreation & Park District Director reviewed the staff report dated June 19, 1996, describing the California State Games as a multi-sport festival of OlVmpic-stvie competition for California's amateur athletes ages 6-18. The Recreation and Community Services Commission unanimously voted to recommend that the Council award the "Athlete of Distinction" to Isaiah like' Hicks and Michelle Woiemberghe. The Commission further recommended that the City participate in the event with a purchase of a dinner table for 12 people. Councilmembers Jones and Kerry encouraged that all the high schools that the Cypress residents attend be considered equally In the future. it was moved by Counclimember Age and seconded by Counclimember Kerry that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the recommendation of the Recreation and Community Services Commission as follows: 1.That the City of Cypress participate in the Athletes of Distinction program for the California State Games and consider the nomination of Isaiah like" Hicks as Cypress Male Athlete of the Year and Michelle Wolemberghe as the Female Athlete of the Year. 2.That the City of Cypress be represented at the California State Games "Athlete of Distinction" awards Dinner by purchasing a table at the event, at a cost of $750 and that the money be appropriated from the City of Cypress General Fund. The motion carried unanimously by the following roll call vote: 13 CITY COUNCIL MINUTES June 22, 1996 AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:05 p.m. to allow the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:10 p.m. with all Counclimembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mrs. Therese McCormack, 9130 Esther Street, Cypress, complained the City Council allowed a business, Cypress Auto Parts at 9111 Moody Street, to store old autos and asked for an explanation. The neighbors were never notified by the City prior to their vote. Mayor Bowman stated that staff would need to review the situation. Mrs. McCormack continued with her report on the noise and chaos at the site and asked for the Council's immediate consideration. Mayor Bowman asked for copies of her presentation for the Council and she said she would provide them. Councilmember Jones asked the Community Development Director to provide Council with any previous action on this operation, along with Mrs. McCormack's report. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. The City Manager asked the Council to address the need to select a date and time for the workshop on redevelopment and drainage bonds. After some discussion, the workshop was set for Tuesday, July 23, 1996 at 4:30 p.m. in the Administrative Conference Room. it was mentioned by the City Manager that the parking issue during the Concerts on the Green will be brought back to Council at their next meeting. A portion of the Wicker Drive property is being overlaid with recycled asphalt to serve as a parking area. The City manager noted that the Mayors' and Councilmembers forum sponsored by the League of Cities had not been agendized and the advance registration deadline is July 3, 1996, which is prior to the next Council meeting. The City Attorney agreed that this matter came to the Council's attention late and could be added to the Agenda with a four-fifths vote. it was moved by Councilmember Jones and seconded by Councilmember Kerry to add item to the Agenda. 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 Kerry to approve the attendance of any interested Councilmembers at League of California Cities Mayors and Councilmembers Executive Forum and concurrent Redevelopment and Leadership seminars from July 17 - 20,1996 in Monterey, California and be reimbursed for all actual and necessary expenses incurred. 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 Mayor Pro Tem Kerry explained that she was late this evening because of her daughter's graduation and awards ceremony from the 6th grade. She commented that this was the first Council meeting she has missed or been late for in eight years. Mayor Bowman announced that this meeting was Darrell Essex' last Council meeting as City Manager for the City of Cypress. He mentioned the retirement dinner given for Mr. Essex on June 21 with over 300 people in attendance. 14 CITY COUNCIL MINUTES June 22,1996 ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:35 p.m. to 4:30 p.m., Monday, July 8,1996 in the Administrative Conference ROOM for CATV Commission interviews and a workshop on north Cypress residential areas. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS is