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HomeMy WebLinkAboutMinutes 96-09-09MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 9, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, September 9, 1996, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor walter K. Bowman presiding. PRESENT: ABSENT: Councilmembers Age, Carroll, Jones and Bowman Councilmember Kerry Also present were City Manager Mark Ochenduszko, City Attorney John Cavanaugh and Administrative Services Director Gary Bacock. Councilmember Age requested, that Consent Calendar Item No. 7, Consideration of Claim Filed by Dennis Allen Deakin, be discussed during Closed Session and hearing no objection, Mayor Bowman so ordered. CLOSED SESSION: Mayor Bowman then recessed the meeting into Closed Session to discuss the agendized item of Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a) Orange County Superior Court Case No. 751159, Jon Hockey and the added Consent Calendar item, Consideration of Claim Filed by Dennis Allen Deakin. COUNCILMEMBER KERRY ARRIVED AT 6:00 P.M. The City Council meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tern Kerry. The City Manager reviewed discussions held during the Closed Session on the Orange County Superior Court Case No. 751159 and a claim filed by Dennis Allen Deakin. PRESENTATIONS: Continuation of Presentation of Grant Funds to the Cypress Police Department from Representative of Target Stores. No one from Target was present. ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:00 p.m. Agenda. No one spoke. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR REMOVAL AND DISPOSAL OF CITY-GENERATED HAZARDOUS WASTES, REQUEST FOR QUOTATION NO. 9596-20: The staff report, presented by Gonzalo Vazquez of the Public Works Department, advised that the City has had an annual contract with Laidlaw Environmental for removal and disposal of City-generated hazardous materials, which expired earlier this year. Requests for proposals were mailed to 16 companies with only three companies responding to the request. In accordance with State and Federal regulations, all hazardous wastes must be disposed of properly and it prohibits agencies from storing hazardous wastes on site beyond a 90-day period. It was moved by Councilmember Carroll and seconded by Councilmember Jones to approve an award of contract for removal and disposal of City-generated hazardous wastes to Consolidated Waste Industries, Inc., 10680 Silicon Avenue, Montclair, California 91763-4621, for one year, beginning October 1, 1996, and terminating September 30, 1997, for an amount not to exceed $17,000. 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 AWARD OF CONTRACT TO I.K. CURTIS SERVICES, INC., TO PROVIDE AERIAL PHOTO PAVEMENT MARKING DOCUMENTATION, REQUEST FOR QUOTATION NO. 9697-4: The City Manager asked the Public Works Director to review the staff report which requested a contract be awarded to I.K. Curtis Services, Inc., to provide aerial photo documentation CITY COUNCIL MINUTES September 9, 1996 of the City's arterial pavement markings for litigation purposes and for general office use when doing traffic analysis or restriping streets after resurfacing. The photos were last done in 1983 and funding was included in this year's budget to update these records. It was moved by Councilmember Jones and seconded by Councilmember Kerry to award a contract to I.K. Curtis Services, Inc., 2919 Empire Avenue, Burbank, California 91504, to provide aerial photo pavement marking documentation in accordance with RFQ No. 9697-4 in the amount of $13,215.54. 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 Jones asked that Item No. 14, Promissory NOteS Between the Cypress Redevelopment Agency and the City, be removed. Item No. 17, Acceptance of Final Tract Map No. 15284, was pulled by Mayor Bowman. Councilmember Carroll requested that Items No. 10 and 12, Monthly Investment Program for the Month of July 1996 and Additional Appropriations for Fiscal Year 1995-96, respectively, be removed. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to approve the Consent Calendar Items No. 3 through 18, with exception of Items No. 10, 12, 14 and 17. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 3: MOtion tO Approve City Council Minutes of August 26, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of AUgust 26, 1996, as submitted, with Council Member Jones abstaining due to her absence at the meeting. Item No. 4: 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 Proclaiming October 1996, as "Independent Living Month." Recommendation: That the Mayor and City Council officially proclaim October 1996, as "Independent Living MOnth" in the City of Cypress. Item No. 6: Consideration of Adoption of Resolution Commending Cypress College on its 30th Anniversary. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Cypress College on its 30th anniversary. RESOLUTION NO. 4693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING CYPRESS COLLEGE ON ITS 30TH ANNIVERSARY. Item NO. 7: Consideration of Claim Filed by Dennis Allen Deakin. Recommendation: Receive and file. Item No. 8: Consideration of Adoption of Resolution Commending Eagle Scout David Robert Muse. 2 CITY COUNCIL MINUTES September 9, 1996 Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scout David Robert Muse on attaining the rank of Eagle Scout. RESOLUTION NO. 4694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT DAVID ROBERT MUSE ON ATTAINING THE RANK OF EAGLE SCOUT. Item No. 9: Consideration of Application for Alcoholic Beverage License Transfer Filed by Peacock LLC (Limited Liability Company), D.B.A. Ramada Hotel Cypress Cafe, 5865 Katella Avenue, Cypress. Recommendation: Receive and file. Item No. 11: Consideration of Acceptance of Parcel Map NO. 96-136, Property Located at Northeast Corner of Valley View Street and Katella Avenue. Recommendation: That the City Council approve Final Parcel Map No. 96-136 and authorize the City Clerk to sign the Record Map. Item No. 13: Consideration of Fiscal Year 1995-96 Carryover of Appropriations and Encumbrances for the City of Cypress. Recommendation: Authorize the appropriation of funds in Fiscal Year 1996-97 for the carryover items as detailed in Attachment A and summarized as follows: 11 General Fund $ 805,615 22 Special Gas Tax Fund 182,446 26 Plan Local Drain Fac FUnd 34,506 35 Civic Center Redevelopment Fund 19,502 36 CRA LOW & Moderate Housing Fund 1,820 39 Measure M Gas Tax Fund 407,714 40 AB 2766 Fund 40,001 41 Sewer Fund 100,000 76 Central Services Fund 21,800 90 Equipment Replacement Fund 843,556 $2,456,96O o Authorize the appropriation of funds in Fiscal Year 1996-97 for items encumbered at June 30, 1996, as detailed in Attachment B and summarized below: 11 General Fund $107,188.73 15 Capital Projects Fund 65,764.75 22 Gas TaX 2106 FUnd 90,414.39 35 Civic Center Redevelopment 2,858.54 36 Civic Center Redevelopment 25,886.87 37 Lincoln Avenue Redevelopment 2,381.39 38 Race Track Redevelopment 816.66 39 Measure M Gas Tax Fund 529,812.10 40 AB 2766 FUnd 1,768.40 41 Sewer Fund 380.00 76 Central Services Fund 27,145.38 89 Print Shop Fund 1,456.24 $855,873.45 Item No. 15: Consideration of Design Review Committee's Approval of DRC #96-25. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 96-25 - with conditions. RESOLUTION NO. 4695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-25 - WITH CONDITIONS. 3 CITY COUNCIL MINUTES September 9, 1996 Item NO. 16: Consideration of Continuous Employment LiStS - Police Officer Lateral Entry) and Police Officer (Academy Trained Entry). Recommendation: Receive and file. Recreation & Park District Matters: Item No. 18: Consideration of F/Y 1995~96 Carryover of Appropriations and Encumbrances for the Recreation and Park District. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: Authorize the appropriation of funds in Fiscal Year 1996-97 for the carryover items as detailed in Attachment A and summarized as follows: 12 Gener&l $571,236 o Authorize the appropriation of funds in Fiscal Year 1996-97 for items encumbered at June 30, 1996, as detailed in Attachment B and summarized below: 12 General Fund $118,000.17 83 Central Service Fund 6,300.00 $124,300.17 With regard to Item No. 10, Consideration of Monthly Investment Program for the Month of July 1996, Councilmember Carroll, asked for an explanation of an article appearing in one of the local papers indicating that the City of Cypress was losing money on its investment program, i.e., amount of the original investment compared to the current market value of the investment. The Finance Director explained that it is the City's policy to hold investments until maturity and when they mature, the City will receive the full value plus the interest earned on the investment. There is no loss if the investment is held until maturity. It was moved by Councilmember Carroll and seconded by Councilmember Jones to receive and file. 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. 12, Consideration of Additional Appropriations for Fiscal Year 1995- 96, Councilmember Carroll asked for an explanation, by item, why the additional appropriations were needed for the past fiscal year and what impact it would have on the 1995~96 budget. The Finance Director provided an explanation of the additional appropriations. It was moved by Councilmember Carroll and seconded by Councilmember Age that: The City Council approve the additional appropriations and estimated revenues for fiscal year 1995-96 from the unreserved fund balances of the appropriate funds as follows: 4179-11-105-01 (Legal Services) 4211-11-105-01 (Litigation Costs) 4275-11-150-15 (Interest) 3400-11-999-99 (Interest Earnings) 4174-12-520-37 (Facility Acquisition) 1200-12-999-99 (Transfer In-Park Development) 2200-11-999-99 (Transfer Out-CRPD) $ 6O 105 8 8 525 525 525 .000 .000 .650 .650 .000 .000 .000 o That the Cypress Redevelopment Agency Board approve the additional appropriations and estimated revenues from the unreserved fund balance of the appropriate funds as follows: 4299-35-194-06 (Development Assistance) 3700-35-999-99 (Proceeds from Sale) 4275-52-368-15 (Interest) 4279-52-368-15 (Principal) $ 372,000 525,000 1,125,000 2,225,000 CITY COUNCIL MINUTES September 9, 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 In regard to Item No. 14, Consideration of Promissory NOteS Between the Cypress Redevelopment Agency and the City of Cypress, Councilmember Jones asked for some clarification on the Wicker Drive property financial situation. The Finance Director explained the additional money is needed over the next three years to keep a positive cash flow within the Civic Center project area. Councilmember Carroll commented that it was important to understand that these things have to be paid for and it can't be through non-producing use of the assets. Councilmember Age said that there are some projects where the tax dollar is not going to be realized. The Business Park has been marketed to realize that tax dollars to support projects that the citizens in the community can use. Councilmember Kerry remarked that when the City buys property, they should consider the community needs first, and they do not necessarily bring in tax revenue. The Council has worked very hard to provide a tax base for the community so there is money to spend on the things the citizens want. Councilmember Jones said the property is in the Redevelopment Agency and one of the ideas would be to develop the property so it could generate some type of tax increment for the City, then use that money for the public good. It was moved by Councilmember Jones and seconded by Councilmember Kerry to receive and file. 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 Councilmember Carroll asked if the item was to be received and filed or a motion made to authorize the staff recommendation. Mayor Bowman recommended a revote and, hearing no objection, it was moved by Councilmember Jones and seconded by Councilmember Kerry to authorize City staff to execute the Repayment Agreement and three Promissory NOtes (Exhibit "B"), in the amount of $9,900,000, with the Redevelopment Agency with the repayment by the Agency to be made from future tax increments or other sources from the project areas. 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. 17, Consideration of Acceptance of Final Tract Map NO. 15284, Property Located at 9737-9761 Walker Street, Mayor Bowman advised that he would be abstaining on this item. It was moved by Councilmember Carroll and seconded by Councilmember Age to approve the Final Tract Map No. 15284 and authorize the City Clerk to sign the Record Map. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones and Kerry 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Bowman END OF CONSENT CALENDAR ORDINANCES (Second Reading): It was moved by Councilmember Age and seconded by Councilmember Kerry to order the following Ordinance read by title only, title as follows and to adopt the Ordinance granting Metricom, Inc., a nonexclusive Franchise. ORDINANCE NO. 956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, GRANTING TO METRICOM, INC., ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO ATTACH, iNSTALL, OPERATE AND MAINTAIN A WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN, ON, OVER, UPON, ALONG AND ACROSS THE PUBLIC RIGHT-OF-WAY CITY COUNCIL MINUTES September 9, 1996 IN THE CITY OF CYPRESS, CALIFORNIA, AS THE SAME NOW OR MAY HEREAFTER EXIST, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS IN RESPECT THERETO. 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 Kerry and seconded by Councilmember Carroll to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending Appendix I, Zoning, of the City Code. ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING APPENDIX I, ZONING, OF THE CODE OF THE CITY OF CYPRESS AND AMENDING SECTION 13.4 REGARDING ANTENNAS. 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 PUBLIC HEARINGS: 7:30 P.M. CONSIDERATION OF PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT - CAMPUS BILLIARDS, 9111 VALLEY VIEW STREET, #107, CYPRESS: Mayor Bowman opened the public hearing. The City Manager presented the staff report which described an application for a Live Entertainment Permit filed by Mr. Jerry Deukmajian, D.B.A. Campus Billiards, 9111 Valley View Street, #107, Cypress, to allow a four-member ROck & Roll Band to entertain on Saturdays only, from 9:00 p.m. to 1:30 a.m. No cover charge will be imposed. The Police Department has conducted their investigation and made their recommendations. Pursuant to Section 9-8 of the Cypress City Code, the City Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation or business by the applicant, and the live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the public or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, intemperate habits, or bad reputation for truth, honesty or integrity. As required by Section 9-7 of the Cypress City Code, a Public Hearing has been scheduled for 7:30 p.m., Monday, September 9, 1996. Affidavits of Publication, Posting and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor or in opposition to this application. The City Manager noted that if a live entertainment permit is granted and there is an activity that occurs at the site which would violate the terms of the permit or would be injurious to the health, safety or welfare of the community, the Police Chief or City Manager have the ability to suspend the permit pending a public hearing and Council review. The applicant, Jerry Deukmajian, had no remarks to add and he then answered questions from the Councilmembers. Councilmember Kerry asked the applicant if he would agree to an additional condition requiring the 16 pool tables to remain and not be removed. The applicant agreed. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. No one did so. It was moved by Councilmember Kerry and seconded by Councilmember Age tO grant the Live Entertainment Permit as requested by Mr. Jerry Deukmajian, D.B.A. Campus Billiards, 9111 Valley View Street, #107, Cypress, for a four-member Rock & Roll Band to entertain on Saturdays only, from 9:00 p.m. to 1:30 a.m., with the following conditions. No persons under the age of 21 be permitted on the premises. Identification to be verified by a valid identification. Applicant will provide facility and parking lot security during hours of the live music operations. CITY COUNCIL MINUTES September 9, 1996 3. Applicant will comply with all conditions of the Alcoholic Beverage Control License and City Business License. 4. NO entertainment shall be permitted outside of the place of business. 5. Permit be issued for no more than one year. 6. The City Council reserves the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. 7. The 16 pool tables will remain and not be removed. 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 NEW BUSINESS: CONSIDERATION OF CYPRESS BRANCH ORANGE COUNTY LIBRARY: REDUCED FUNDING OPTIONS: The City Manager asked Senior Management Analyst Kevin Justen to present the staff report which referred to the Council workshop of August 12, 1996 when Council was updated on recent actions taken by the Orange County Board of Supervisors concerning the County Library System. These actions concerned the financing and governance of the system and are in response to a funding shortfall the libraries are experiencing. Since the workshop, it has become known that the reduced funding to the Cypress Branch will be $58,589 for fiscal year 1996-97. Several options were considered and Staff's recommendation would be to support the alternative that would have the least impact to Cypress residents. Mr. John Adams, the County Librarian, answered questions from the Council on hours and days of operation and reduction of employee hours. He clarified that the decisions to reduce the budget were not made by the Board of Supervisors and are a result of actions by the State legislature shifting dollars away from local government. The allocation formula utilized is based on the worst case scenario and he felt it was safe to assume that the five day service provided by the Cypress Library would be the maximum of service reduction for this facility. Councilmember Age asked that language be inserted in the Resolution that the Board of Supervisors could only override the decisions of the Library Advisory Board by a 4 to 1 vote thus providing the cities more responsibility in the governance of the libraries. Responding to Mayor Bowman, Mr. Adams replied that it was his understanding that the libraries in Garden Grove and Buena Park would be open on Fridays. It was moved by Councilmember Jones and seconded by Councilmember Age to support the County Librarian's recommendation to close the Cypress Branch Library on Fridays and adopt the Resolution by title only, title as follows, supporting the Orange County Regional Public Library System including the language suggested by Councilmember Age requiring a 4 to I vote. RESOLUTION NO. 4696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE ORANGE COUNTY REGIONAL PUBLIC LIBRARY SYSTEM. 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 Councilmember Kerry suggested that when the hours that the Cypress Library will be open become known, they be published in the City Newsletter. Mayor Bowman suggested the hours of operation of the libraries in surrounding cities be included. 7 CITY COUNCIL MINUTES September 9, 1996 Councilmember Age recommended all the information be cablecast. Councilmember Carroll commended Mr. Adams on the admirable job of managing his budget. CONSIDERATION OF LINCOLN AVENUE SPECIFIC PLAN ADVISORY COMMITTEE'S IMPLEMENTATION RECOMMENDATIONS: The City Manager asked the Community Development Director to summarize the staff report discussing the recommendations for implementation made by the Lincoln Avenue Specific Plan Advisory Committee. They had recommended that an ongoing committee, association or commission be formed to ensure implementation. At the July 22, 1996 meeting, the City Council directed staff to analyze the recommended changes to the draft Specific Plan and return to the Implementation subcommittee to further discuss their ideas while working with the City Attorney to identify any concerns regarding formation of a commission. The subcommittee is very interested in working with the Lincoln Avenue property and business owners to stimulate implementation of a business association/organization to ultimately work with the City Council regarding implementation of the Lincoln Avenue Specific Plan. Councilmember Kerry asked if the members of the Advisory Committee would want to continue and be involved with the final Specific Plan. Mayor Bowman remarked that the 27 people on the Advisory Committee probably would want to be involved and he suggested renaming the committee and opening it to all members. Councilmember Carroll suggested that instead of sending all 27 members to a meeting perhaps send one or two representatives, but work they've done should be utilized. He also suggested that the name be changed to something other than the "Association Formation Steering Committee." Councilmembers recommended the name be changed to "The Cypress Lincoln Avenue Association Steering Committee." Councilmember Carroll referred to Item NO. 4 and remarked that there should be a long-term commitment rather than six months. Councilmember Jones suggested waiting until the mission statement, then determine a timeline. The City Manager said that the initial recommendation of the Implementation Committee would be that they form a business association on Lincoln Avenue for the short term and, during that time, work on a mission statement and identify guidelines for the operation and the relationship with the Council and staff. The focus is on Lincoln Avenue and should be incorporated as part of their title. He suggested continuing this item to the September 23, 1996 meeting so staff is able to review Council input, incorporate their recommendations, meet with the Committee to arrive at a definitive work plan and then return to Council. Councilmember Carroll agreed in concept and he suggested that there be a Committee member who can define the real financial implications of the items considered and that be added to the Committee's responsibilities. The City Manager clarified that it was his understanding that the Council would like a financial element introduced into the work of the Committee and that they be informed of that so the Lincoln Avenue issues would be considered in that light. He advised that staff will attempt to bring this item back at the September 23, 1996 meeting. tf not, it will be the following meeting. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the Council meeting of September 23, 1996. The Community Development Director advised that she would be contacting all the members of the Committee prior to the next Council meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF A REQUEST FOR CONFORMITY DETERMINATION FROM THE COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY FOR FLOOD CONTROL CHANNEL REPAIR: The Community Development Director summarized the staff report to which was attached a letter, dated August 16, 1996, received from the County of Orange requesting a General Plan conformity determination for repairs to the Bolsa Chica Channel. The request is in conformance with the City of Cypress General Plan Land Use and Safety Elements for CITY COUNCIL MINUTES September 9, 1996 control of flooding within the City. A General Plan conformity determination letter has been prepared bv staff for the Mayor's signature. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to determine that the Bolsa Chica Channel Flood damage repairs are in conformity with the City's adopted General Plan and instructed staff to submit the Mayor's letter to the County stating that determination. 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 ESTABLISHING A SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND IN COMPLIANCE WITH AB 3229: The City Manager requested the Police Chief to review the staff report which advised that Governor Wilson signed AB 3229 into law in July of 1996. This legislation allocated $100 million to statewide law enforcement as funds to supplement existing local budgets for law enforcement programs, personnel and equipment. AB 3229 required establishment of local Supplemental Law Enforcement Services Funds by the Treasurer of each entity entitled to share in the allocated funding. The legislation also mandated the specific method for the disbursal, expenditure and accounting of AB 3229 funds. The City of Cypress' share is estimated to be $108,000. In answer to Councilmember Carroll's inquiry, the Chief responded that options for the use of the funds will be provided to Council at the September 23, 1996 meeting. It was moved by Councilmember Kerry and seconded by Councilmember Age tO: Direct the Treasurer of the City of Cypress to establish an interest earning restricted fund account to be known as the "Supplemental Law Enforcement Services Fund." Direct the City Treasurer to deposit funds received pursuant to AB 3229 into the "Supplemental Law Enforcement Services Fund," and to allocate such funds in compliance with State statute. o set Public Hearing for the City Council meeting of September 23, 1996, to determine the use of funds received pursuant to AB 3229. 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 ADOPTION OF RESOLUTION REGARDING THE APPROVAL OF THE TRANSFER OF THE CATV FRANCHISE FROM CONTINENTAL CABLEVISION, INC., TO U.S. WEST, INC.: The Administrative Services Director referred to the staff report which represented a request to transfer the CATV Franchise from Continental Cablevision to U.S. West. U.S. West provides telephone service to the Rocky Mountain area and operates cable systems in other parts of the country. The City's Cable TV Attorney, William Marticorena, Rutan & Tucker, has reviewed and approved the transfer documents. The City Attorney has consulted Mr. Marticorena and he also recommended approval. It was moved bv Councilmember Kerry and seconded by Councilmember Jones to adopt the Resolution bv title only, title as follows, approving the transfer of control of the cable television franchise. RESOLUTION NO. 4697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO CONTINENTAL CABLEVISION, INC. TO U.S. WEST, INC. The motion unanimously carried by the following roll call vote: 9 CITY COUNCIL MINUTES September 9, 1996 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. 22429 - 22607: It was moved by Councilmember Carroll and seconded by Councilmember Age tO approve the Commercial Warrant List for Warrants NO. 22429 through 22607 in the amount of $1,446,371.69. 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 8:27 p.m., to allow the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 8:30 p.m., with all Councilmembers present. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Mr. Robert Sundwall, 5486 Vista Sierra, Cypress, said he was present to thank the Council for the work they have done for the City and for appointing Mr. Ochenduszko as the new Cid/Manager. Mr. Lawrence Turner, 9283 Vista Mesa, Cypress, showed the Council some of the debris and cement dust left in his neighborhood by the street repair crew. Fie also expressed a concern about the possible slippage underneath his house and he would like the prime contractor to have a geologist's survey performed to make sure nothing is slipping. Mayor Bowman commented that the City Manager and City Engineer will review. Ms. Wendy Strong, 5822 Myra Avenue, Cypress, took issue with the parking problem during the opening game of the AYSO season at Lexington Junior High School. People were parking up and down Denni Street and Orange Avenue and the Police Department had gone up and down Orange Avenue issuing citations because it is not legal to park on certain sections of Orange Avenue. She reported that 60 to 80 citations were issued to cars parked on Orange Avenue and requested consideration be given to allow AYSO parents to park in that area just on Saturdays. Mayor Bowman suggested that the City Manager and the Police Chief review this situation. Councilmember Kerry asked that the City Manager review consideration of providing a temporary parking area and allow the Traffic Commission to review the issue. Mr. Tim Keenan, 4157 Devon Circle, Cypress, commended the Police Department for issuing tickets in the small no parking area, about ten car lengths, where it is too narrow to park cars and it is a dangerous situation. On the remainder of Orange Avenue, parking is allowed on weekends. WRITTEN COMIV1UNICATIONS: FOr Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 8:40 p.m. to 5:30 p.m., Monday, September 16, 1996 in the Council Chamber. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 10