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HomeMy WebLinkAboutMinutes 98-01-26CITY COUNCIL MINUTES CITY OF CYPRESS January 26, 1998 Page ABC LICENSE--R/F app for transfer, Leu Wei Chi, Little Szechwan, 6151 Ball Road CIVIC CENTER--Apprv plans & specs for renovation, PW Proj 9801 COUNCIL APPOINTMENTS, SPECIAL PERMITS--COUnCil made changes to proposed Ordinance for 2/9 CUP NO. 97-31--P/H on demolish & construct new automotive repair, 5431 Lincoln to 2/9 CULTURAL ARTS COMM--Apprv recommendations of Corem for funding CYPRESS BUS & PROF CENTER ASSESSMENT DIST 1--Adopt Resos ordering the proposed improve- ments to be made & City treasurer to collect & receive money ELECTION--DiScussion on conduct of candidates' night EMISSIONS INSPECTION SYSTEM--AWard contract to purchase Bar 97 system, RFQ 9798-10 EMPLOYMENT LIST--R/F list for Secretary to the City Manager FINANCE DEPT, COMMERCIAL WARRANT LIST--Apprv Warrants NO. 29985 - 30157 FINANCE DEPT, MONTHLY INVESTMENT PROGRAM--R/F program for December 1997 LEGAL ADVERTISEMENTS--Split 60/40, Community Close-up & News Enterprise LEGISLATION--Join League of Cities in opposing HR 1534 & auth staff to forward letters LEGISLATION--Join League of Cities in opposing PECG Initiative & SB 479 & prepare letters LINCOLN AVE BRIDGE--Apprv plans & specs for bridge upgrade & solicit bids LIVE ENTERTAINMENT ORD--COUncil made changes to proposed Ordinance for 2/9 LIVE ENTERTAINMENT PERMIT--Public comment taken and P/H set for 2/23 NORTH END RESIDENTIAL STUDY--Workshop session on economic analysis ORAL COMMUNICATIONS--Citizens spoke on live entertainment permits, curb painting, grand jury service, planning commission, outreach program ORANGE COUNTY WATER DIST--Write letter asking Board to postpone action on annexation PACIFIC ELECTRIC--Confirm that right of way areas are City's top priorities for enhancement POLICE DEPT--Apprv purge of personnel file records REC & PARK DIST--Apprv reopening of Nature Park RESIDENTIAL CARE FAClLITIES--AUth staff to correspond w/task force requesting legislation SR CENTER--Apprv specs & advertise for handicap site improvements, PW Proj 9724 TRAFFIC SIGNAL--Award contract for interconnect design for Moody St., PW Proj 9318 TRAFFIC SIGNAL--Award contract to purchase control equipment Lincoln Ave/Home Depot PW Proj 9729 ZONING CODE--Workshop session on code update ZONING MATTERS--Item on DRC No. 97-45, Home Depot sign, withdrawn ZONING MATTERS--AdOpt Reso apprv DRC No. 97-46 6 11 7,8 14 6-7 10, 11 3 5 12 5 4 6 6 5 11.12 8,9 1-3 10 10 5,6 13, 14 5 6 3 3,45 1 8 5 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 26, 1998 The Regular Meeting of the Cypress Cib/Council was called to order at 5:32 p.m., Monday, January 26, 1998, in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, Mayor Mary Ann Jones presiding. PRESENT: ABSENT: Councilmembers Bowman, Carroll, Keenan, Piercy and Jones None Also present were the City Manager, City Attorney and staff members Angus, Kelly, Mariscal and consultants from the firms of Cotton Beland Associates, Keyser Marston Associates and Ralph Mechur Architects. WORKSHOP SESSION: NOrth End Residential Study Economic Analysis. Discussions were held with the Council on further ways to enhance development in the area with direction provided to staff who will return to another workshop session. Comprehensive Zoning Code Update. The Community Development Director reported that changes in the Code were made consistent with State law, sections added that were needed and in accordance with prior direction from the City Council. RECESS: Mayor Jones recessed the meeting at 6:20 p.m. to allow the City Council to continue meeting in the Council Chamber. The meeting reconvened at 6:28 p.m. with all Councilmembers present. CLOSED SESSION: The Mayor immediately recessed the meeting into Closed Session to discuss the agendized items of Public Employment (Government Code Section 54957), Chief of Police and one Liability Claim (Government Code Section 54956.95), Marcella Ortiz vs. City of Cypress. The meeting reconvened at 7:05 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Christoffels, DeCarlo, Kelly Schaefer, Storey and Wylie. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Carroll. INVOCATION: The Invocation was given by Pastor Carl Che of the Orange County Chinese Church. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized discussion held during the Workshop Session on the NOrth End Residential Study Economic Analysis and Comprehensive Zoning Code Update. The City Attorney reported that the two agendized items were discussed in Closed Session. The first item, Public Employment, a briefing was provided the City Council about the retirement of the current Chief of Police and the selection of a new Chief. The Council also considered and unanimously rejected a claim from Marcella Ortiz against the City of Cypress because the claim was a result of an incident in which the City had no involvement. ORAL COMMUNICATIONS: Limited to One-Half Hour. MS. Susan Linde, 9845 Joel Circle, Cypress, referred to Item No. 21, which was the six month review of the Live Entertainment Permit for Via Maria. She expressed her concern regarding the gang-related stabbing that occurred at the Via Maria. There is an obligation to protect the citizens and she is not seeing that happen. Mr. Don Wesling, 11431 Anegada Street, Cypress, concurred with Ms. Linde's statements on Via Maria and this is not the type of business needed in the City of Cypress. He mentioned the curb painting of house numbers and it was his understanding that the City supplied the paint. His concern was the method in which the fees were solicited. He suggested that a non-profit organization be used for this task. CITY COUNCIL MINUTES January 26, 1998 Mayor Jones asked the Public Works Director to respond and he said the individuals supply the paint. In terms of collection, it is not a mandatory fee and if it is otherwise, it will be reviewed. A homeowner can paint the street number themselves with stencils provided by the City. The City Attorney advised that a permit was granted by the City Council and if there is conduct inconsistent with the permit, it can be revoked. The City Manager asked the Police Department to contact Mr. Wesling to determine the appropriateness of the solicitation and if there were other contacts that seemed inappropriate. He said there is no obligation, it is a donation and the service being provided is not exclusive. The City Attorney said that the Police Department has expressed concern about their scope in investigating the bona fide nature of organizations who seek special solicitation permits. There is an ordinance on the agenda which seeks to strengthen the investigatory powers of the Chief of Police. Mayor Jones remarked that the Via Maria item is not a public hearing but public comment will be allowed. Councilmember Bowman commented that a request was sent to all service groups in the community for curb painting and none of the groups responded. Councilmember Carroll said that the Grand Jury is seeking applicants for jury service. There will be a meeting February 13 for prospective jurors. Councilmember Carroll mentioned the past agenda item of the Planning Commission and, at that meeting, there were three consultants in the audience. He asked who alerted them, who instructed then to appear and who is paying them. He hoped the citizens of Cypress would determine the facts. Councilmember Carroll then made some brief comments on the history of a Planning Commission in Cypress and those in other Orange County cities. He wanted to know why these special interest groups would spend so much money to oppose a planning commission. He reported that Councilmember Anna Piercy has filed a petition for a proposed Charter amendment affecting a Planning Commission. The petition is clearly the work of professionals and would amend three sections of the City Charter. He said she could have brought this matter to the City Council for discussion rather than circumventing her colleagues. These matter should be developed with public dialogue. Councilmember Piercy responded that what she did was an endeavor to keep the issue in the public's control. She felt very strongly that there was a majority of Councilmembers that had made it very clear they were going to make the decision. She was arguing that the issue go to a vote of the people. She did not want to argue a pro or con position about a Planning Commission. Mayor Jones said she recalled that the issue before the Council was on the pros and cons of a Planning Commission. The discussion became unclear, there was an attempt to focus the discussion and the discussion about implementation didn't take place because the Council doesn't know if they want a Planning Commission or not. It was somewhat premature to circumvent the Council and not have the public discussions that were desired. Councilmember Bowman commented that Councilmember Piercy pre-empted everyone in a bright maneuver. She did a good job. Councilmember Keenan commented that it was an attempt to squash public comment on the issue and he disagreed with the action. Councilmember Piercy said she didn't believe that public comment would be stopped. She has made a statement to the Council and perhaps the Council can now openly discuss this issue. The Council may come up with a decision that will be put to a vote of the people and she might withdraw, otherwise she fully believed it should go to the people. Mayor Jones remarked that this petition was not done solely by Councilmember Piercy. Responding to questions from some Councilmembers, Councilmember Piercy replied that she had secured the help of a consultant. Councilmember Bowman said that he and Councilmember Kanel wrote the ballot argument for a Planning Commission previously. The reason this issue needs to go back to the people is that two-thirds of the people voting in that election did not want a CITY COUNCIL MINUTES January 26, 1998 planning commission. He did not feel he should vote on this issue without hearing from the people. There was discussion at the Council meeting that this was a decision that the Council was going to make, not the people. Councilmember Carroll stated that the Council hadn't explored the issue enough to know which way the vote would go. Councilmember Piercy said she had the right as a citizen in this community to start a petition. She will acquire the signatures needed and she will seek any help she needs. Mayor Jones announced that the Pageantry Group from Cypress High School participated in the half time event during the Super Bowl and she named the participants. She also announced that, on a monthly basis, she will be available at the library, Albertson's and some of the local restaurants. The first meeting will be on Saturday, February 7, from 10 to 12 noon at the Cypress library. The Mayor introduced her father and his friend from Philadelphia. AWARD OF CONTRACTS: AWARD OF CONTRACT FOR TRAFFIC SIGNAL INTERCONNECT DESIGN FOR THE MOODY STREET TRAFFIC SIGNAL INTERCONNECT PROJECT, PUBLIC WORKS PROJECT NO. 9318: The Public Works Director presented the staff report which indicated three bids were received from engineering firms in response to the Request for Proposal (RFP) tO prepare the plans, specifications, estimates and contract documents for the installation of a hardwire traffic signal interconnect which will be installed on portions of Moody Street from Cerritos Avenue to Orangethorpe Avenue. Upon completion of the project, staff will return to Council for approval of these documents and proceed with advertising the project for bid. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to award a contract for traffic signal interconnect design for the Moody Street Traffic Signal Interconnect Project, Public Works Project No. 9318, to Albert Grover & Associates, 211 E. Imperial Highway, Suite 208, Fullerton, California 92835, in an amount not to exceed $17,290. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCLMEMBERS: None 0 COUNCILMEMBERS: None AWARD OF CONTRACT TO PURCHASE A BAR 97 EMISSIONS INSPECTION SYSTEM, REQUEST FOR QUOTATION NO. 9798-10: At the request of the City Manager, the Public Works Director summarized the staff report. Two bids were received for the purchase of a vehicle emissions inspection system for the City's vehicle maintenance operations. The equipment replaces the current smog analysis equipment and puts the City in compliance with California's current smog emissions testing requirements. It was moved by Councilmember Bowman and seconded by Councilmember Plercy to award a contract to purchase a Bar 9? Emissions Inspection System per the specifications outlined in Request for Quotation No. 9798-10 to ESP, 3132 W. Adams Street, Santa Ana, California 92?04, in the amount of $45,117.08. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None AWARD OF CONTRACT TO PURCHASE TRAFFIC SIGNAL CONTROL EQUIPMENT FOR THE INTERSECTION OF LINCOLN AVENUE AT THE HOME DEPOT DRIVEWAY, PUBLIC WORKS PROJECT NO. 9729: The Public Works Director presented the staff report which requested the award of a contract for the purchase of traffic signal control equipment for the intersection of Lincoln Avenue at the Home Depot driveway. In an attempt to reduce the delivery time of the traffic signal control equipment and to avoid contractor markup, the City will purchase the equipment for this traffic signal project directly. It was moved by Councilmember Carroll and seconded by Councilmember Keenan to: Award a contract for the purchase of traffic signal control equipment for the intersection of Lincoln Avenue at the Home Depot/Kmart driveway, Public Works Project NO. 9729, tO Econolite Control Products Inc., 3360 EaSt La Palma Avenue, Anaheim, California 92806, in the amount of $18,465.12. 3 CITY COUNCIL MINUTES January 26, 1998 Appropriate $19,000.00 from the unreserved fund balance of the CIP Fund tO Account No. 4186-15-807-27 (Lincoln Avenue Improvements) and authorize an operating transfer of $19,000.00 from the Traffic Mitigation Fund (24) to the CIP Fund. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None AWARD OF A THREE YEAR CONTRACT FOR PUBLICATION OF LEGAL ADVERTISEMENTS: Councilmember Keenan said he has been advised to abstain from the vote on this item as his business does work with the parent company of one of the bidders. The City Manager asked the Finance Director to review the staff report which indicated that the one year contract for publication of legal advertisements expired on January 12, 1998. Two bids were received as the result of a mailing of Request for Quotation to five newspapers. Both bidders are adjudicated which is a requirement for publication of legal advertisements. The number of paid subscribers to Community Close-up in Cypress is 9,000. The News-Enterprise makes 12,109 home deliveries (paid and unpaid) within the city limits. In the past, if a deadline was missed for the Community Close-up, then the News-Enterprise was used. Councilmember Carroll said that the News-Enterprise has value because they publish news of local concern and he moved that the award be split 60% to Community Close-up and 40% to the News-Enterprise. The motion died for lack of a second. Mayor Jones commented that previously circulation had been one of the main concerns and the News-Enterprise has increased their circulation. Councilmember Piercy remarked that the Community Close-up is for Cypress, La Palma, Buena Park and only those homes receive this paper. The Finance Director said that businesses do have a tendency to subscribe to the Orange County Register as opposed to the News-Enterprise. Mr. Pat Cavanaugh, Publisher of the News-Enterprise, clarified that the paper is delivered to homes in the community. He didn't believe that the number of businesses that receive the publication could be determined. Councilmember Bowman stated that method of circulation and delivery of the News- Enterprise has changed. Previously, the low bidder was awarded the contract but when it was necessary to expedite some publication, it was given to the News-Enterprise. After some discussion, the City Attorney advised that this is not a public works contract so the Section 21A-17 can be invoked that will authorize the Purchasing Officer to make a finding that the interests of the community are served better by choosing one particular vendor through a public bidding process. It was moved by Mayor Jones and seconded by Councilmember Piercy to award a one year contract to the News-Enterprise. Councilmember Carroll said he would vote against this motion because he believed that the Community Close-up also supports the City in its news articles, but he would vote to split the award. The motion failed with the following roll call vote: AYES: 2 COUNCILMEMBERS: Piercy and Jones NOES: 2 COUNCILMEMBERS: Bowman and Carroll ABSENT: O COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Keenan It was moved bv Councilmember Carroll and seconded bv Councilmember Bowman that the award be split with 6O% to Community Close-up and 40% to the News-Enterprise for a three year period. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Carroll, Bowman and Jones NOES: I COUNCILMEMBERS: Piercy ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Keenan CITY COUNCIL MINUTES January 26, 1998 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 Ilsted on the Agenda. Councilmember Keenan requested that Item NO. 11, Approval of Specs and Authorization to Advertise the Project for Bid for Handicap Site Improvements at the Senior Center, be removed. It was moved by Councilmember Keenan and seconded by Councilmember Carroll to approve the remainder of the Consent Calendar with the exception of Item NO. 11. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item NO. 5: MOtion tO Approve City Council Minutes of December 16, 1997, December 22, 1997 and January 12, 1998. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of December 16, 1997, and the Regular Meetings of December 22, 1997 and January 12, 1998, as submitted. Item No. 6: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 7: Application for AlCOhOlic Beverage License Transfer Filed bv Leu Wei Chi, D.B.A. Little Szechwan Restaurant, 6151 Ball Road, Cypress. Recommendation: Receive and file. Item NO. 8: Approval of Design Review Committee No. 97-46, Request to Construct a Second-Story Residential Room Addition, 4366 Avenida Carmel, Cypress. Recommendation: That the City Council adopt the resolution by title only, title as follows, approving Design Review Committee No. 97-46- with conditions: RESOLUTION NO. 4896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-46 - WITH CONDITIONS. Item NO. 9: Continuation of Approval of Plans and Specifications and Authorization to Solicit Bids for the Construction of a Lincoln Avenue Bridge upgrade, Public Works Project No. 9732. Recommendation: That the City Council approve the Plans and Specifications for the construction of the Lincoln Avenue Bridge Upgrade Project, and authorize staff to solicit bids for the project. Item No. 10: Authorization to Prepare Letters to the Residential Care Facilities Task Force, Requesting Their Support for Legislation to Require a 1,000 foot Separation Between Residential Care Facilities. Recommendation: Staff recommends that the CitV Council authorize staff to send a letter to the members of the Residential Care Facilities Task Force requesting legislation to require a 1,000 foot separation between residential care facilities. Item No. 12: Review of Monthly Investment Program for the MOnth of December 1997. Recommendation: Receive and file. Item No. 13: Approval of Employment LiSt- Secretary to the City Manager. Recommendation: Receive and file. Item No. 14: Approval to Purge Police Personnel File Records. 5 CITY COUNCIL MINUTES January 26, 1998 Recommendation: That the City Council authorize the destruction of the following named Police Department's personnel records in accordance with Government Code Section 34090 and City Council Resolution NO. 2338, dated February 9, 1981. Item No.15: Authorization to Oppose HR 1534 (Gallegly) Federal Takings-Preemptions of Traditional State and Local AUthority. Recommendation: Staff recommends that the City Council join the League of California Cities and the National League of Cities in opposing HR 1534 and authorize staff to forward letters of opposition. Item No. 16: Approval of Plans and Specifications and Authorization to Solicit Bids for the Civic Center Renovation Project, Public Works Project No. 9801. Recommendation: That the City Council approve the Plans and Specifications for the Civic Center Renovation Project, Public Works Project NO. 9801, and authorize staff to solicit bids for the project. Item No. 17: Authorization to Oppose Professional Engineers in California Government (PECG) Initiative and SB 479 Regarding State Involvement in the Designing and Engineering of Capital Projects. Recommendation: Staff recommends that the City Council join the League of California Cities in opposing the Professional Engineers in California Government (PECG) Initiative and Senate Bill 479 and authorize staff to prepare letters of opposition. Regarding Item No. 11, Approval of the Specifications and Authorization to Advertise the Project for Bid for Handicap Site Improvements at the Senior Center, Public Works Project No. 9724, Councilmember Keenan asked for clarification as to where the handicap parking spaces were going to be. The Public Works Director explained that there will be two handicap parking spaces moved to the west side of the Center. In addition, rather having the spaces lined up on the south side of the building, some van accessible spaces will be constructed along the south side of the building. Councilmember Keenan commented that the City is providing this service beyond what is required. Responding to Councilmember Carroll, the Public Works Director replied that this plan was approved by the Senior Citizens Commission. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to approve the specifications and authorize staff to advertise the project for bid for the Handicap Site Improvements at the Senior Center, Public Works Project No. 9724. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: O COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF PUBLIC HEARING REGARDING ADOPTION OF RESOLUTION CONFIRMING ASSESSMENT IN CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT NO. 1, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY. Mayor Jones reopened the public hearing. The City Manager invited the Public Works Director to present the staff report which indicated that the City Council adopted a Resolution of Intention (ROI) on October 27, lgg7 and a resolution preliminarily adopting, confirming and approving the Engineer's Report and appointing the time and place for hearing protests to improvements in the proposed Cypress Business and Professional Center Assessment District NO. 1. The first hearing was held on December 8, 1997 and no comments were received. On January 12, 1998, the City Council adopted an amended ROI and opened the final required public hearing. The City Council now needs to conduct the final public hearing. At the conclusion of the public hearing, the Council either abandons the district formation procedure or formally establishes the district by adopting the attached Resolutions. Responding to a question posed by Councilmember Carroll, the underwriting representative, Tom Westhoff, replied that this is an alternate form of borrowing with the land as security, with an underwriting discount of 2%. NO one wished to speak in support of or in opposition to the District and Mayor Jones closed the public hearing. CITY COUNCIL MINUTES January 26, 1998 The Public Works Director reported that ten ballots were issued and all ten were returned to the City Clerk in favor of the District. It was moved by Mayor Jones and seconded by Councilmember Bowman to: Adopt the Resolution by title only, title as follows, confirming assessment in Cypress Business and Professional Center Assessment District NO. 1, ordering the proposed improvements to be made, and designating the City Treasurer to collect and receive money. RESOLUTION NO. 4897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING ASSESSMENT IN CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT NO. 1, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY. o Adopt the Resolution by title only, title as follows, issuing limited obligation bonds under the Improvement ACt of 1915 for the Cypress Business and Professional Center Assessment District NO. 1. RESOLUTION NO. 4898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ISSUING LIMITED OBLIGATION IMPROVEMENT BONDS UNDER THE IMPROVEMENT BOND ACT OF 1915 FOR CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT. Adopt the Resolution by title only, title as follows, awarding the sale of Cypress Business and Professional Center Assessment District NO. I limited obligation improvement bonds. RESOLUTION NO. 4899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AWARDING THE SALE OF CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT LIMITED OBLIGATION IMPROVEMENT BONDS. Adopt the Resolution by title only, title as follows, determining unpaid assessments in the Cypress Business and Professional Center Assessment District NO. I, and the manner of payment thereof and listing bonds issued on the security thereof. RESOLUTION NO. 4900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN THE CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT NO. I AND THE MANNER OF PAYMENT THEREOF AND LISTING BONDS ISSUED ON THE SECURITY THEREOF. o Adopt the ReSOlution by title only, title as follows, covenanting diligent prosecution of foreclosure of delinquent assessments within Cypress Business and Professional Center Assessment District No. 1. RESOLUTION NO. 4901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COVENANTING DILIGENT PROSECUTION OF FORECLOSURE OF DELINQUENT ASSESSMENTS WITHIN CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 97-31, A REQUEST TO DEMOLISH AN EXISTING AUTOMOTIVE REPAIR BUILDING AND CONSTRUCT A NEW AUTOMOTIVE REPAIR BUILDING, LOCATED AT 5431 LINCOLN AVENUE: Mayor Jones opened the public hearing. The City Manager reported that the applicant has requested that this hearing be continued to the following meeting. NOtices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. Staff has not received any communication regarding the proposed project. CITY COUNCIL MINUTES January 26, 1998 No one wished to speak for or against the application. It was moved by Mayor Jones and seconded by Councilmember Bowman to continue the hearing on Conditional Use Permit No. 97-31 tO February 9, 1998. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None DEFERRED BUSINESS: CONTINUATION OF DESIGN REVIEW COMMITTEE NO. 97-45, A REQUEST BY JOE CAVAZOS WITH SIGN METHODS TO APPROVE A MONUMENT SIGN FOR THE HOME DEPOT BUILDING, LOCATED AT 5800 LINCOLN AVENUE: The City Manager advised that the applicant has asked that his application be rescinded because he is in the process of developing a new sign. Hearing no objection, Mayor Jones received and filed the item° NEW BUSINESS: SIX MONTH REVIEW OF THE LIVE ENTERTAINMENT PERMIT FOR THE VIA MARIA RESTAURANT, 9979 WALKER STREET, CYPRESS: The City Manager asked Lt. Schaefer to present the staff report, which provided a brief history of events related to the Via Maria restaurant from February 24, 1997 through the present. The City Council approved the continuation of the Live Entertainment Permit, which included entertainment on Friday nights, with amendments to the Live Entertainment Permit as proposed by the owners and Council requested that staff return to City Council in January of 1998 for a six month review of that Live Entertainment Permit. The report is presented for Council's six month review of the permit for the Via Maria Restaurant. After some discussion, responding to Mayor Jones' question about the incidents being related to live entertainment, the City Attorney replied that but for the existence of the live entertainment permit would the crowds have gathered in sufficient numbers, would there be large numbers of people arriving and departing such that while the type of music played in the live entertainment itself may not be the cause, the fact is the permit permitted that congregation of individuals to occur. There is a sufficient nexus from the point of view of the Council's exercise of its police powers that they think it is reasonable to condition live entertainment permits to try to mitigate what are referred to as a secondary effect. The City Manager said there are reasons for people to gather besides the fact there is a live entertainment permit; however, there has been criminal activity that has occurred at the site, the time when these activities occur and the fact that all people leave the facility at the same time and certain types of live entertainment draw certain types of crowds based on the nature of the entertainment. There is a relationship between those things and the live entertainment permit. The City Attorney stated that it is his legal opinion that there doesn't have to be for Council to exercise police powers over this area. There has to be some reasonable nexus to help welfare and safety issues while assuring the provider of live entertainment first amendment protections and other appropriate civil rights protections. The current ordinance is consistent with those protections and the additional conditions that experience suggests be warranted are also lawful. Mayor Jones said the three assaults, the stabbing and gang activity in the City certainly warrants the consideration of modifying or revoking a live entertainment permit and she urged Councilmembers to consider holding a public hearing to discuss modifying or changing the terms of the live entertainment permit. After some discussion, Councilmember Keenan agreed that a public hearing would be beneficial in view of some of the changes that are being proposed to the live entertainment permit. The dilemma is the control of the patrons, who cause most of the problems. Mayor Jones asked if anyone wished to speak. Mr. Paul Blurnenfeld, owner of Via Maria, expressed his confusion on some statements and he explained some of the incidents. He said that there have been incidents at other businesses in the City. They have not been questioned and asked why he was always before the Council. He said he has done everything asked of him and he has added security on Saturday nights. 8 CITY COUNCIL MINUTES January 26, 1998 MS. Susan Linde, 9845 Joel Circle, Cypress, said that we are dealing with a violent situation. This is her community and she has a right to feel safe. MS. Paula English, 5975 Suva Street, Cypress, expressed her confusion about the Police Department because she felt they sounded like they continually support Via Maria's live entertainment permit. The City Attorney said that the staff is not condoning these acts. Based on an evaluation of six months, there is no recommendation that the Council do anything more than receive and file the report. It the Council wants to hold a public hearing to take evidence, that can happen. The City Manager clarified that the Code describes the conditions under which the City issues a live entertainment permit. If the conditions are met, the permit shall be issued. The City Council takes the facts and applies them to the terms of the code. If the terms of the code are met, the live entertainment permit must be issued. If facts do justify that the terms of the Code have been met, then the Council may not revoke the permit. Mayor Jones felt that there had been enough information presented to hold a public hearing and the reason is that the incidents that have occurred within our community do pose a threat to the community from a public welfare standpoint and certainly a nuisance. The incidents are significant to warrant holding a public hearing to consider modifying or revoking the live entertainment permit at Via Maria and she so moved. The motion was seconded by Councilmember Keenan. Councilmember Bowman said he would vote against it because they seem to meet all the criteria required under the entertainment permit. There are incidences that go on all over the City and he didn't believe we are headed in the right direction. He approved of the direction of the new ordinance. His recommendation would be to accept the staff report that the permit neither be revoked or modified. Mayor Jones said we have a motion and a second. There has been a significant discussion amongst this Council about incidences that have occurred at other restaurant-bars and the things presented tonight are much more severe than anything we have encountered. If you look over the history of this particular facility and compare the assaults and things that have gone on here, they are significant and I think it does impact the public welfare. She was asking that there be a public forum taking public testimony to hear what the people have to say. Councilmember Piercy remarked that the public is saying they are not happy with the things that are going on. She expressed the opinion that it was more than just the entertainment, it is use and location also. These businesses are right in the middle of residential areas. Council needs to look at this and vote on this item now. Mayor Jones urged the Council to consider holding a public hearing. Responding to councilmember Carroll, the City Manager replied that the live entertainment permit expires in July 1998. The City Attorney said the permit wouldn't be reviewed again, it would expire on its own terms and the applicant would reapply for a permit and proceed with the public hearing process, assuming the applicant wants to reapply. Mayor Jones wished to have the public hearing as soon as possible. The City Manager advised that the soonest date would be February 23, 1998. Councilmember Carroll expressed his support of conducting a public hearing. The motion carried with the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones I COUNCILMEMBERS Bowman 0 COUNCILMEMBERS: None The City Attorney clarified that the only action taken tonight was to schedule a public hearing at which time public testimony will be taken and staff will provide a further report. RECESS: Mayor Jones recessed the meeting at 9:10 p.m. and reconvened at 9:30 p.m. with all Councilmembers present. 9 CITY COUNCIL MINUTES January 26, 1998 UPDATE ON PACIFIC ELECTRIC RIGHT-OF-WAY AESTHETICS PLAN: The City IVlanager requested that the Community Development Director summarize the staff report regarding the Aesthetics Plan for the Pacific Electric Right-of-way which is being developed by the Orange County Transportation Authority (OCTA). This Plan is the second phase of the Orange County Transportation Authority's Utilization Study on the Pacific Electric Right-of- Way. The first phase resulted in the conclusion by the Orange County Transportation Authority to retain the Pacific Electric Right-of-Way for long-term transit use and work with cities to develop interim uses to improve the appearance of the property. Staff has been working with the OCTA to identify areas of concern and opportunity. Due to the importance of the Lincoln Avenue revitalization effort, staff identified the right-of-way areas within and adjacent to the Lincoln Avenue Specific Plan area as the City's top priority. The Orange County Transportation Authority is now seeking formal prioritization from each city regarding which areas along the right-of-way should be addressed first. Councilmember Keenan said he has attended some of the preliminary meetings about what the public desired and what they should do with this property. One thing the City could do to make a commitment to take some responsibility for the long-term maintenance of the improvements. Councilmember Bowman commented that before any funds are volunteered, recognize that tax dollars are already paying for that and he moved to confirm that the Pacific Electric Right-of-Way areas within and adjacent to the Lincoln Avenue Specific Plan Area are the City's top priorities for aesthetic enhancement. The motion was seconded by Councilmember Carroll and unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None Wind FlOwer, 1330 Oriole Street, Anaheim, member of the Nature Park Committee, had attended the public meetings. She hoped that the City would have input to the Orange County Transit to have trails along the Pacific Electric Right-of-Way that would be a great enhancement to the community. PROPOSED ANNEXATION TO THE ORANGE COUNTY WATER DISTRICT: At the request of the City Manager, the Public Works Director reviewed the staff report which was a response to a letter received from the City of Huntington Beach requesting the City take a position relative to a proposed annexation to the Orange County Water District. Southern California Water Company (SCWC) has indicated they are working with other water suppliers in the area to put forth to the Orange County Water District Board a recommendation that should further annexations into the basin be permitted, baseline pumping rates should be established for all current users and that any new users or expansions of existing users be subject to incrementally higher pumping rates to offset costs, such as those outlined by the City of Huntington Beach. At the February 4 Orange County Water District Board meeting, they will be asked to continue the annexation issue and allow for workshops and studies to answer the questions. Staff's request is for a letter from the Mayor directed to the Board asking them to postpone any actions on the proposed annexations from the Irvine Ranch water District and the Yorba Linda Water District until studies and workshops are held to determine both the effects on cost and the supply of our water basin. Councilmember Bowman agreed with the staff recommendation that this issue be studied in workshop sessions. It was moved by Mayor Jones and seconded by Councilmember Bowman that the Mayor write a letter to the Orange County Water District Board asking them to postpone any actions on the proposed annexations from the Irvine Ranch Water District and the Yorba Linda Water District until studies and workshops are held to determine both the effects on cost and the supply of the water basin. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None REQUESTING THE LEAGUE OF WOMEN VOTERS TO CONDUCT A CITY COUNCIL CANDIDATES FORUM PRIOR TO THE NOVEMBER 3, 1998 GENERAL MUNICIPAL ELECTION: Councilmember Tim Keenan had requested that the City Council consider requesting the League of Women Voters to conduct a televised City Council candidates forum prior to the November 3, 1998 General Municipal Election. He felt that in the quest for balanced government and fairness in the election process to have someone outside the City conduct the televised 10 CITY COUNCIL MINUTES January 26, 1998 forum that is held every election cycle. The League of women voters is the obvious choice and he would entertain any other options. He said that the forum that receives the most exposure, that's televised, should be done bv a group that does it all the time and would be totally unbiased. He asked for the Council's concurrence. Councilmember Piercy commented that she understood the League of Women Voters had conducted forums, along with the Chamber of Commerce and she believed that the Chamber has done a good job. She wouldn't want to see the Chamber replaced unless they didn't want to conduct the forum. Councilmember Keenan said his request was that only the televised meeting, aired by MediaOne, be conducted by the League of Women voters. The Chamber has already taken a stand on a Planning Commission so to him that biases them one way or the other on what's going to be a significant issue in the next election. Councilmember Piercy remarked that if the Chamber wants to continue having their debate they could have it televised also. Councilmember Bowman stated that the Council is not the proper body to decide who is going to have a debate or who is going to conduct the debate. It is a decision to be made by an independent group, which is the voters of the community through whatever groups they want it to be done and not within the purview of the Council. Councilmember Carroll had expressed his concerns to the President of the Chamber when he ran for office and it was totally an honest debate. Whatever prejudice the Chamber has on certain things, they did an exemplary job on candidates' night. Candidates' night is instrumental in broadcasting what the candidates stand for and he would not want to lose that window. He would support someone asking the Chamber to do it, but he didn't know if the Council was the proper body. Mayor Jones commented that she concurred with Councilmembers Carroll and Bowman and she recommended that the Council move forward. INTRODUCTION FOR FIRST READING AN ORDINANCE AMENDING THE MUNICIPAL CODE, REGARDING THE METHOD AND MANNER OF MAKING APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES, AND EXPANDING THE INVESTIGATORY POWERS OF THE CHIEF OF POLICE IN CONNECTION WITH SPECIAL PERMITS AND EXEMPTIONS THERETO: The City Attorney presented for the consideration of the Council, an Ordinance amending various sections of the Municipal Code dealing with the method and manner of making Council appointments to various boards, commissions or committees. In addition, the following Ordinance codifies and, to some extent, expands the investigatory power of the police department in connection with issuing certain permits under Article II of the Municipal Code. The proposed Ordinance is largely a series of clean-up legislative changes to the Municipal Code which are intended to make the Code conform with current policy of the City Council or to codify what was intended to be the desired scope of authority of the Chief of Police in undertaking certain application investigations. The City Attorney is of the opinion that the Ordinance is legally enforceable, and does not seek to invade protested constitutional or statutory rights of privacy or otherwise. Responding to Mayor Jones, the City Attorney replied that Council would have access to any information that is in the public domain and he explained the meaning of Section 6(a)(1). Councilmember Carroll asked that the Ordinance state that any member of the Council may nominate a person to a board, commission or committee. Several language and grammatical changes were made by the Council to the Ordinance. Councilmember Carroll would like to see the same criteria that applies to all Commissions be spelled out at the beginning of the section. The City Attorney will return to the next meeting with the changes suggested by the Council and hearing no objection, Mayor Jones so ordered. ADOPTION OF AN URGENCY ORDINANCE AMENDING THE CYPRESS MUNICIPAL CODE RELATING TO LIVE ENTERTAINMENT AND THE PROCEDURES FOR ISSUING AND REVOKING THE SAME; REGULATIONS APPLICABLE TO THE OPERATION OF BUSINESSES WHICH PROVIDE LIVF ENTERTAINMENT; AND OFF-STREET PARKING REQUIREMENTS FOR BUSINESSES PROVIDING LIVF ENTERTAINMENT: The City Attorney advised that there were two versions of this Ordinance. The current permitting process needs to be revised and the current criteria for granting and revoking permits needs to be expanded. Two approaches have been taken. One would change the current procedure for issuing, denying and revoking live entertainment permits by authorizing the Police Chief to issue or deny live 11 CITY COUNCIL MINUTES January 26, 1998 entertainment applications after a thorough review. The proposed amendment would also authorize the City Manager to appoint a hearing officer, who, after notice and a hearing, would render decisions on the revocation of such permits. The second approach that could be taken is to continue to vest in the Police Chief the primary responsibility for investigating an application and for making a preliminary determination to grant or deny a permit subject to a due process appeal. That appeal process would still go to an independent hearing officer who would make a recommendation to the Council. That recommendation would come to the Council to sustain or overturn the determination of the Hearing Officer and make an independent determination of its own. This amendment would add numerous regulations on the operation of businesses which provide live entertainment in order to reduce the undesirable impacts such businesses have been known to cause. Finally, the urgency ordinance also amends Chapter 14.2 relating to parking requirements for businesses which provide live entertainment. There followed a question and answer period on the differences and clarification between the two variations on the ordinance. Mayor Jones suggested that there be a location requirement placing businesses with live entertainment away from residential areas. Councilmember Carroll expressed his objection to the Police Chief granting the permit and then having the authority to revoke it leaves too much authority invested in one person. He didn't believe that the problems with live entertainment in the City were paramount enough for that kind of concentrated authority. After further discussion, Councilmember Bowman agreed with Councilmember Carroll. He believed that the community expects the Council to make these decisions and it is their responsibility. Mayor Jones concurred and asked for an opinion on the number and location of businesses with live entertainment. The City Attorney said that the continuing problem is a conditional use permit will be approved for the premises for a broad use and then the premises will choose to focus on some component of the approved use. Councilmember Keenan concurred with the other Councilmembers. The City Attorney stated that this is not a political decision, it is a quasi-judicial decision. A code needs to be established that sets the criteria. The Council is not left with unlimited discretion. The City Manager noted that there were two ordinances before the Council both of them require that the terms of the code, taking the facts of the matter and applying them and one is the Chief would do it and the other is the Council would do it. The second amended Ordinance had a Section I related to criminal activity that would be utilized in making a determination whether or not a live entertainment permit could be revoked. Responding to Councilmember Bowman's question on grandfathering, the City Attorney replied that existing perrnitees could be exempted or it could be amortized with some reasonable period of time to comply. If a Iocational requirement were imposed which would prevent them from getting a new permit, probably we would have to give the permitee longer than the one year recommended. The City Attorney will return to Council with a revised ordinance at the February 9, 1998 meeting. Councilmember Bowman suggested a better definition of "live entertainment" in the ordinance. APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 29985- 30157: It was moved by Councilmember Keenan and seconded by Councilmember Bowman to approve the Warrant List for Warrants No. 29985 through 30157 in the amount of $1,018,159.04. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. 12 CITY COUNCIL MINUTES January 26, 1998 APPROVAL OF RECOMMENDATIONS TO RE-OPEN THE NATURE PARK: Mayor Jones asked Mrs. Nieto tO come to the podium and thanked her, on behalf of the Council, for all the work she and her committee had done. Mrs. Nieto reported that the Committee has scheduled their meetings to continue and the long term goal is to make the Nature Park economical to open and operate with volunteers and docents. Hopefully, financial support will come from people in the community. She thanked her committee members. The Director of Recreation and Parks introduced Recreation Services Manager June Liu who presented the staff report, which indicated the Recreation and Community Services Commission had formulated a citizens committee to solicit input for suggested practical approaches to re-open the Cypress Nature Park for public use. Considerations for capital improvements, recreation programming, at little or no cost to the public, and maintenance issues, were also addressed by the Committee. The committee of 12 individuals was given a tour of the Nature Park and met a total of four times over the course of three months. Their main concerns were the park's safety and security, and the development of a variety of educational and recreational programming at the park. The Committee selected Anne Nieto to serve as the Chairperson and at the Commission meeting of December 16. 1997, Mrs. Nieto and five of the committee members presented their recommendations to re-open the Nature Park. She identified some of the committee members that were present. Councilmember Keenan asked if the concerns about the drains and fencing had been satisfied. MS. LiU responded that the concerns had been addressed. Councilmember Keenan proposed that the park visits be expanded to a year-round activity on weekends, if there is support for it. He also knew of an audio company in Cypress that would donate services for the audio cassette tour and duplication of tapes if a script were provided. Mr. Bruce Seaton, 4438 Via Largo, Cypress, neighbor and committee member, said the Nature Park is really an attractive nuisance and he made three major points. He commented that a Health Risk Assessment was needed, ADA requirements need to be addressed and security. He has been burglarized twice from people who have access through the Nature Park. Ms. Liu addressed the concerns stated by Mr. Seaton on the lab counts, ADA guidelines and police calls It was moved by Councilmember Carroll and seconded by Councilmember Piercy that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the following recommendations: 1. Construction of chain link fencing above each of the four drains to prevent potential liability of someone falling from the upper non-trail area into a concrete drain. 2. Installation on one drinking fountain near the southwest corner of the park, on the upper trail 3. Construction of a staircase with handrails on southwest corner of park to allow access from upper trail to basin. Preparation and printing of 500 educational booklets, self-guided tour brochures and children's activity books to provide educational aspects about the Nature Park to patrons. o Suggested programming elements to be conducted at the Nature Park to include a supervised program, operating on a seasonal basis, during the daytime hours, using volunteer and recreation staff, beginning mid-April. Suggested days and times include Tuesdays and Thursdays from 3:00- 5:00 p.m., Saturdays from 10:00 a.m. - 3:00 p.m., and Sundays from noon - 3:00 p.m., beginning mid-April. Councilmember Carroll thanked the Committee Members and the City Manager for his leadership in bringing the plans for the Nature Park to completion. Councilmember Keenan commented that the Council is not immune to the neighbors' concerns but an organized program would discourage unauthorized persons from using the facility. The City is going to work very hard to make sure the Nature Park works. Councilmember Bowman expressed his pleasure at the reopening of the Nature Park. The motion unanimously carried by the following roll call vote: 13 CITY COUNCIL MINUTES January 26, 1998 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None APPROVAL OF RECOMMENDATIONS BY THE CULTURAL ARTS COMMISSION FOR THE SELECTION OF ARTS PROJECTS TO BE FUNDED FROM THE CITY GENERAL FUND RESERVES: At the request of the City Manager, the Recreation and Park District Director presented the staff report in which the Cypress Cultural Arts Commission recommended expenditures from the City's general fund reserves in the amount of $17,956 for four art-related projects. These expenditures are to be made from the $30,000 granted to the Commission in June of 1997. He introduced Recreation Services Manager Patty Bailey who briefly reported on the process the Cultural Arts Commission took, meeting with various arts groups. The Commission sent out a formal Request for Art Funding which went to all art organizations, schools and commissions. A total of 13 requests were received. Of those received, five requests are recommended as denied, four requests are recommended as pending and four recommended for funding. Cultural Arts Commission Chair Frann Shermet responded to questions from the Council on their recommendations for funding. Ms. Shermet thanked the Council for allowing the funds to grant to the various groups. She said they were working on using street lighting poles for the over-the-street pole banner project at the City's maintenance yard, which will save a tremendous amount of money. It was moved by Councilmember Keenan and seconded by Mayor Jones that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the recommendations of the Cultural Arts Commission granting funds to the following organizations: Cypress Art Lea~que - $1,450 for the purchase of demonstration equipment and a cordless microphone Cypress Youth Commission - $500 for the purchase of art display easels; Cypress Pops Orchestra - $9,006 for the purchase of portable risers; and Cypress Civic Theatre Guild - $7,000 for the purchase of new theater chairs. with the stipulation that the City retains the property once it has been purchased. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCLMEMBERS: None 0 COUNCILMEMBERS: None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. Nothing was presented. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Ms. Paula English, 5975 Suva Street, Cypress, mentioned the handicapped parking spaces at the Senior Center and why they couldn't be parked horizontally. She also mentioned the handicapped parking spaces on the south side of the Center which required a long walk to the destination in the Center. The City Manager replied that these spaces did meet ADA requirements. Although the requirements are met in some circumstances it is difficult and the handicapped parking cannot be altered. Councilmember Bowman commented that it could be altered if the parking lot were reconfigured. He didn't believe that the lot was laid out properly. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Jones adjourned the meeting at 11:35 p.m. to 5:30 p.m., Thursday, February 5, 1998 in the Administrative Conference Room. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 14