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Minutes 99-01-11CITY COUNCIL MINUTES CITY OF CYPRESS January 11,1999 CITY PROMOTION-Appr of a periodic TV program hosted by City Council Members CULTURAL ARTS COMMISSION-Interview session for appointment scheduled for Jan 25 @ 6:00 pm CUP NO. 98-20-Denial of a Ryder Truck Rental Facility at 5552/5592 Lincoln Avenue Page 11 12 7-8 DRC NO. 98-43-Appr to remodel the front facade of Cypress Plaza shopping Center, 9907-9967 Walker St. EMPLOYEES-Appr to establish Policy restricting outside employment of staff upon separation FINANCE- MISC-Appr the attendance to the Govern Finance Officers ASSO Confby the Dir of Finance FINANCE-Review of monthly Investment Program for November 1998 -Adopt of Resos & Ordinance authorizing changes in monetary limits -Appr of Commercial warrant List for Warrant NO. 35212 - 35613 8-9 5 4 10-11 12 LINCOLN AVENUE-ACCept the Seismic Retrofit of Bridge at Coyote Creek Channel PW Proj NO. 9620 4 ORANGE COUNTY FIRE AUTHORITY-Adopt Reso opposing implementation of the Equity Study ORANGE COUNTY- MISC-AdOpt Reso appr City's participation In the County 1999 Mortg Credit Certi Prog ORGANIZATIONS- MISC-Appr the support of BOys & Girls Club expansion of programming & facility 9-10 5-6 6 PARKS ARNOLD/CYPRESS -Accept of picnic pavilion renovation Public Works Project No. 9740 PERMITS- LIVE ENTERTAINMENT-AdOpt Ordinance amending Chap 9 of the Cypress Municipal Code PUBLIC WORKS-Cont of request for an appro of funds for emergency repairs to Fuel Facility STREET IMPROY-Adopt Reso to secure Federal funding for the rehab of Walker PW Proj No. 9841 -Appr of contract for rehab of Ball Road PW Proj NO. 9840 6 6-7 5 4 2-3 TAXES-Adopt Reso oppo Federal Payroll Tax propo to mandate State & Local Govern partici in Social Security 4 TRAFFIC SIGNAL-Accept of Proj No. 9318, installation of the Moody St traffic signal 3-4 TREES-Denial Of tree removal at 5701 Cerritos Avenue 9 -Denial of tree removal at 8158 James Alan Street 9 YOUTH COMMISSION-Appr Ordinance allowing two alternate Youth Commissioners 12 ZONING- MISC-Appointment of Mayor & Mayor Pro Tem to the Target Marketing Subcommittee 11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 11,1999 The Regular Meeting of the Cypress City Council was called to order at 5:05 p.m., Monday, January 11, 1999, in the Board Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, with Mayor Keenan presiding. PRESENT: ABSENT: Councilmembers: McCoy, McGill, Sondhi, Mayor Pro Tem Piercy and Mayor Keenan None Also present were City Manager Ochenduszko, City Attorney Wynder, and staff members Christoffels and Liu. Also present was Patrick Scanlon, Director of The Orange County District of the Southern California Water Company. WORKSHOP SESSION: ORANGE COUNTY WATER DISTRICT 2020 MASTER PLAN The City Manager opened the workshop by informing Council that Patrick Scanlon, of the Southern California Water Company, was invited to present some information on the Orange County Water District (OCWD) 2020 Master Plan. The City Manager further indicated that the Plan was created when the Irvine Ranch District wanted to annex into the OCWD. The cities asked for a Master Plan to show what the impacts with the demands of water would be and as a result this Master Plan was created. The Public Works Director and Patrick Scanlon gave a history of the Southern California Water Company and how it obtains its water. They further indicated that this plan has been completed and is being circulated for comment. Because the City of Cypress does not operate its own water system, it is not directly impacted by the actions of the OCWD. However, the City's provider, Southern California Water Company is, therefore staff reviewed the Plan and provided a summary for the City Council. The Plan is available for review in the Director of Public Works' office. Following which, the City Council received and filed the report. RECESS: Mayor Keenan recessed the meeting at 5:35 p.m. to allow the Council to meet in the Council Chamber. The meeting reconvened at 5:42 p.m., with all Councilmembers present. CLOSED SESSION: The Mayor immediately recessed the meeting to a Closed Session to discuss the two agendized Conference With Legal Counsel items. 7:00 P.M. SESSION The meeting reconvened at 7:00 p.m., with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Christoffels, Angus, Storey, Hensley, DeCarlo and Liu. PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Piercy. INVOCATION: The Invocation was given by Pastor Dale Johnson of the Mount Calvary Lutheran Church. PRESENTATIONS: Mayor Keenan presented a Community Service Plaque to former Cultural Arts Commissioner Frann Shermet. The Mayor also presented a Mayor's Proclamation to Mary Van Cott-Hand, recognizing her as the Cultural Arts Commission's "Quarterly Arts Recognition" Recipient. Mayor Keenan concluded the presentations by presenting a Mayor's Proclamation recognizing Machelle Rene Cox as the Sweepstakes Award Recipient - 1998 Holiday Decorating Contest. CITY COUNCIL MINUTES January 11, 1999 REPORT OF CLOSED SESSION/WORKSHOP AGENDA The City Manager presented a report on the discussion of the Orange County Water District 2020 Master Plan, held during the Workshop Session at 5:00 p.m. Mr. Ochenduszko indicated that the City Council was briefed on the matter and no action was taken at that time. The City Attorney reported that the City Council met in Closed Session to confer with its legal counsel regarding two litigation matters. The first, Via Maria, Inc., v. City of Cypress, et al, which was conducted as an extensive background and status review for the benefit of the entire Council. He indicated that the City Council unanimously authorized the privileged and confidential strategies and recommendations presented relative to this litigation. The second discussion was relative to Save Our Neighborhood (SON) v. City of Cypress, in which privileged confidential strategies and recommendations were made by the legal Counsel and unanimously authorized by the City Council. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR Elke Faraci from the Cypress Library presented the City Council with Library cards and invited them to a tour of the Library. Bernard Weiss, resident of Cypress, requested a special permit to park a 30 ft. trailer truck in front of his house. The Mayor asked the City Manager to look into this matter. Paula English, Chairperson of the Cultural Arts Commission, on behalf of the Commission, thanked all the participants in the Holiday Decorating Contest. She also gave an update of upcoming events. Don Wesling, resident of Cypress spoke about a traffic problem at the intersection of Juanira and Orange Avenue and asked the City Council to address it. Mayor Keenan asked the Public Works Director to look into this matter. Mayor Pro Tem Piercy asked staff to re-study the possibility of installing a left turn signal at the intersection of Orange and Walker as she feels that the traffic has increased. Councilmember McCoy thanked the Cultural Arts Commission for providing a list of the Holiday Decorating Contest participants and indicated that Ms. Cox's decoration was excellent. AWARD OF CONTRACTS: Award of Contract for Professional Engineering Services for the Rehabilitation of Ball Road From East to West City Limits, Public Works Project No. 9840: The Public Works Director presented the item which recommended that the City Council award a contract to KFM Engineering, Inc., to provide aerial topographic mapping services for Ball Road from east to west city limits. The Public Works Director indicated that last year the City competed for and obtained Federal Matching Funds for the complete rehabilitation of Ball Road. The actual money for construction becomes available next year but this year the City was allocated some Federal funds for design purposes so the project could be started. Since existing drawings of Ball Road are limited in some areas and non-existent in others, the services of a professional engineering company are needed to provide accurate base maps of Ball Road prior to proceeding with project design. In responding to Mayor Pro Tem Piercy, Mr. Christoffels indicated they will make an effort to install median islands wherever possible, except in areas where a left turn is made, to avoid prohibiting left turns into businesses. Councilmember Sondhi, for the benefit of the public, requested further clarification on how staff will address the drainage status on Ball Road. 2 CITY COUNCIL MINUTES January 11, 1999 Mr. Christoffels gave a brief drainage source history and concluded that one alternative would be to install pipes in Ball Road to provide additional capacity and if that is the alternative taken, staff will work out some arrangements so that the construction work occurs before the City resurfaces Ball Road. The City Manager added that the piping could relieve some of the flooding that occurs at Ball Road and Bloomfield. In responding to Mayor Keenan, Mr. Christoffels said that there is money for the design work and the construction. It was moved by Mayor Pro Tem Piercy and seconded by Councilmember Sondhi to award a contract to KFM Engineering, Inc., 18 Technology, Suite 165, Irvine, California 92618, to provide aerial topographic mapping services for Ball Road from east to west city limits. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 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. Mayor Keenan asked the Council if they wished to pull any items on the Consent Calendar for comments or discussion. Councilmember McGill requested to pull Item No. 2 and No. 13, and announced that he was abstaining on Item No. 14. Councilmember McCoy requested to pull item No. 4 for discussion. The City Manager requested that item No. 7 be continued at the January 25, 1999 Council Meeting. Councilmember Sondhi asked that Item No. 8 be pulled for discussion. It was moved by Councilmember McGill and seconded by Mayor Keenan to approve the Consent Calendar items 2 - 14 with the exception of Items No. 2, 4, 7, 8, 13 & 14. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 5: Approval of Design Review Committee Permit No. 98-43, Request to Remodel the Front Facade of the Cypress Plaza Shopping Center, Located at 9907- 9967 Walker Street. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 98-43 - with conditions. RESOLUTION NO. 5047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 98-43 - WITH CONDITIONS. Item No. 6: Acceptance of the Installation of the Moody Street Traffic Signal Interconnect, From Cerritos Avenue to Orangethorpe Avenue, Public Works Project No. 9318. CITY COUNCIL MINUTES January 11, 1999 Recommendation: That the City Council: 1) Accept the project for the Installation of the Moody Street Traffic Signal Interconnect, From Cerritos Avenue to Orangethorpe Avenue, Public Works Project No. 9318, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $11,312.28 to Computer Service Company, 4570 E. Eisenhower Circle, Anaheim, CA 92807, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon the Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon the expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No. 9: Acceptance of the Seismic Retrofit of Lincoln Avenue Bridge at Coyote Creek Channel, Public Works Project No. 9620. Recommendation: That the City Council: 1)Accept the project for the Seismic Retrofit of Lincoln Avenue Bridge at Coyote Creek Channel, Public Works Project No. 9620, as being satisfactorily completed in conformance with project specifications in the final amount of $196,754.61; 2) Approve the final retention payment of $19,675.46 to 4-Con Engineering, Inc., P.O. Box 1026, Azusa, CA 91702, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon the Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon the expiration of the required lien period, if no claims or objections have been filed, upon the concurrence of the Director of Public Works. Item No. 10: Adoption of Resolution Approving Agency-State Master Agreement No. 12-5330 and Program Supplemental Agreements No. MOO1 and No. MOO2 to Secure Federal Funding for the Rehabilitation of Walker Street From Cerritos Avenue to Katella Avenue, Public Works Project No. 9841, and the Rehabilitation of Ball Road From East to West City Limits, Public Works Project No. 9840. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving the Local Agency-State Master Agreement No. 12-5330 and Program Supplemental Agreements No. MOO1 and No. MOO2, and authorize the City Engineer to execute said Agreements for the Rehabilitation of Walker Street, Public Works Project No. 9841, and the Rehabilitation of Ball Road, Public works Project No. 9840. RESOLUTION NO. 5048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING LOCAL AGENCY-STATE MASTER AGREEMENT NO. 12-5330 AND PROGRAM SUPPLEMENTAL AGREEMENTS NO. MOO1 AND NO. MOO2. Item No. 11: Opposition to Proposed Payroll Tax for Mandatory Universal Social Security Coverage for all New State and Local Government Employees. Recommendation: It is recommended that the City Council adopt the Resolution by title only, title as follows, opposing increases in Federal payroll taxes for mandatory State and local government participation in Social Security, and authorize the Mayor to sign a letter on behalf of the City Council to appropriate U,S. Senators and Congressmen asking them to oppose such a bill, RESOLUTION NO. 5049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING FEDERAL PAYROLL TAX PROPOSAL TO MANDATE STATE AND LOCAL GOVERNMENT PARTICIPATION IN SOCIAL SECURITY. Item No. 12: Review of Monthly Investment Program for the month of November 1998. Recommendation: Receive and file. CITY COUNCIL MINUTES January 11, 1999 Item # 2: Approval of City Council Minutes of December 12, 1998, December 14, 1998, December 15, 1998, and December 28, 1998. Councilmember McGill pulled this item as there was an incorrect name at the last page, first paragraph of the December 14, 1998 minutes. The modification should reflect the correct name of Pat Cavanaugh of the News Enterprise newspaper, not The Event, newspaper. It was moved by Councilmember McGill and seconded by Mayor Keenan to approve the Minutes of the December 12, 1998, December 14, 1998, December 15, 1998,, and December 28, 1998, with the modification to the last page, first paragraph of the December 14, 1998 minutes to reflect the correct spelling of Pat Cavanaugh of the News Enterpr/se.. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 4: Authorization for Attendance of the Director of Finance and Administrative Services to the Governmental Finance Officers Association's 93~d Annual Conference: Councilmember McCoy indicated that he pulled this item to comment that he would like to see agendas outlining the class which an employee requests to attend to ascertain that the City money is well spent. Mr. Storey, Finance and Administrative Services Director, at the Mayor's request, presented a brief report of the conference. It was moved by Councilmember McCoy and seconded by Mayor Pro Tem Piercy to authorize the attendance of the Director of Finance and Administrative Services to the 93rd Annual Conference of the Governmental Finance Officers Association, to be held on May 23-26, 1999, in Nashville, Tennessee, and be reimbursed for all actual and necessary expenses incurred. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 7: Request for an Appropriation From the Unreserved Fund Balance of the General Fund for emergency Upgrade Repairs to the City Fuel Facility, the City Manager asked that this item be continued to the January 25, 1999 meeting. Item No. 8: Adoption of a Resolution Approving the City's Participation in the County Administered 1999 Mortgage Credit Certificate (MCC) Program. Councilmember Sondhi explained that she pulled this item as she felt it was important to present an expanded report for the benefit of the citizens. Ms. Angus, Community Development Director indicated that this is a program that the City has participated in and each year the City has to authorize that participation. In comparison to the City programs that are funded through redevelopment funds, this program gives a credit certificate, primarily to first-time home buyers. The people eligible for the program are in the low to moderate income category and the housing prices are also limited to fit that income category. This program gives a tax credit for a portion of the Federal Income Tax equal to 20% of the interest that is paid on a mortgage and it is different from the City's but it can dovetail with the City's program. It was moved by Councilmember Sondhi and seconded by Mayor Pro Tem Piercy to adopt Resolution by title only, title as follows, continuing the City's participation in the County's Mortgage Credit Certificate Program. RESOLUTION NO. 5050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE. 5 CITY COUNCIL MINUTES Januarv 11, 1999 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: Item No. 13: Acceptance of the Arnold/Cypress Park Picnic Pavilion Renovation, Public Works Project No. 9740. Councilmember McGill indicated that he pulled this item as the report noted that the final cost of the project came in at $25,000 more than was originally bid. He asked for a public feed back on this issue. The Public Works Director indicated that the project was to renovate a building that was built by the County in the 50s, before the City of Cypress incorporated. Staff discovered a sewer line problem, termite damages and electrical panels that needed to be brought up to City Code. Those three items made up the Change Order Nos. 1 through 18, in the amount of $25,738.43. The City Manager further provided information on the change order policy. In responding to Mayor Keenan, the City Manager indicated that there are sufficient funds in the Capital Improvement Project to complete this project. It was moved by Councilmember McGill and seconded by Mayor Pro Tem Piercy, acting as the ex officio Board of Directors of the Cypress Recreation and Park District: 1)Accept the project for the Arnold/Cypress Park Picnic Pavilion Renovation, Public Works Project No. 9740, as being satisfactorily completed in conformance with the project specifications; 2) Approve Contract Change Order No. 1 through 18, in the amount of $25,738.43; 3) Approve the final retention payment of $13,348.34 to A & G Design & Construction, P.O. Box 27604, Santa Ana, CA 92779, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon the concurrence of the Director of Public Works; and 4) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon the expiration of the required lien period, if no claims or objections have been filed, upon the concurrence of the Director of Public Works. The Motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 14: Approval in Concept for Collaborative Support for the Boys and Girls Club for Future Program and Facility Expansion, as Recommended by the Recreation and Community Services Commission. Councilmember McGill announced that he was abstaining from this item as he serves in the Board of Directors of the Boys and Girls Club. The City Council, with Councilmember McGill abstaining, and acting as the ex officio Board of Directors of the Cypress Recreation and Park District, approved the support of the Cypress Boys and Girls Club expansion of programming and facility in concept, and participate by giving input through the Club's strategic planning process, as recommended by the Recreation and Community Services Commission. ORDINANCES (Second Reading): Second Reading of An Ordinance of the City Council of the City of Cypress, California, Amending Chapter 9 of the Cypress Municipal Code, Relatin.q to Live Entertainment: The City Attorney presented the report which was brought back with modifications as requested at the December 14, 1998 Council Meeting with the technical corrections noted. The City Attorney additionally suggested to add the phrase "or a special" to page 5 Subsection "( c )", to read "The submission of an application for a Eve or a special entertainment permit does not authorize the performing of live entertainment until such permit has been granted as provided herein." 6 CITY COUNCIL MINUTES January 11, 1999 It was moved by Councilmember Sondhi and seconded by Mayor Pro Tem Piercy to adopt the Ordinance by title only, title as follows, amending Chapter 9 of the Cypress Municipal Code, relating to live entertainment. ORDINANCE NO. 984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 9 OF THE CYPRESS MUNICIPAL CODE, RELATING TO LIVE ENTERTAINMENT. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The Mayor, before proceeding to the next item, took a moment to acknowledge that Alice Angus was selected as the Cypress' Community Development Director and June Liu as the Assistant to the City Manager. PUBLIC HEARINGS: 7:30 P.M. Continuation of Public Hearing Regarding Conditional Use Permit No. 98-20, Request to Establish a Ryder Truck Rental Facility at 5552~5592 Lincoln Avenue: Mayor Keenan re-opened the Public Hearing and asked the Community Development Director to present the item. Ms. Angus said that the item was continued from the City Council Meetings of December 14, and November 9, 1998, and represented a request, by Fredtic Calvin, to establish a Ryder Truck Rental facility at 5552~5592 Lincoln Avenue. The subject site contained an unauthorized Ryder Truck rental use which the City became aware of through a code enforcement action. The application was an attempt to legalize the unauthorized use. Under the CH Commercial Heavy Zoning, this use could be considered with a Conditional Use Permit, but under the proposed Downtown Zoning designation of the Lincoln Avenue Specific Plan, truck & trailer sales, rental and service will no longer be permitted. It was recommended that the City Council adopt the Resolution denying Conditional Use Permit No. 98-20. Staff re-posted the property and re-noticed all property owners within three hundred (300) feet of the subject property. Ms. Angus indicated that a call from a Richard Preuss was received expressing opposition to the project. Jeanette Calvin, Representative of Cypress Tire & Automotive on Lincoln, and Bryan Alto, Ryder Representative gave a brief presentation of their request and indicated that they would abide to the conditions the City has put forward. Mayor Pro Tem Piercy commented that Ryder has been operating illegally for two years and asked why a permit was not requested sooner. Ms. Calvin indicated that at that time there was a moratorium which prohibited them from getting a permit. Steve Calvin of Cypress Tire & Automotive commented that the City's Business Licensing Department told them, when inquiring for a license for truck rental, that their existing automotive permit covered Ryder. The Community Development Director remarked that they do not have a business license for the truck rental and it is not part of their existing license as they are separate uses. Mayor Keenan asked if any one wished to speak in opposition or in support of the project, No one spoke. In responding to Mayor Pro Tern Piercy, Ms. Angus replied that the moratorium was in place for about a year. When staff received the first complaint on the business it was prior to the moratorium and staff talked to them about the Ryder truck use not being permitted without a CUP but they didn't take action until after the moratorium was in place. In responding to Mayor Keenan relative to the facility having enough parking spaces under the new Lincoln standards with the exclusion of the truck rental use, Ms. Angus replied that the parking spaces do not meet existing standards. CITY COUNCIL MINUTES Januarv 11, 1999 Following further discussion and comments by the City Council, it was moved Mayor Pro Tem Piercy and seconded by Mayor Keenan to close the Public Hearing and adopt the Resolution by title only, title as follows, denying Conditional Use Permit No. 98-20 for the establishment of a truck rental facility located at 5552 and 5592 Lincoln Avenue. RESOLUTION NO. 5051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 98-20 FOR THE ESTABLISHMENT OF A TRUCK RENTAL FACILITY LOCATED AT 5552 AND 5592 LINCOLN AVENUE. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None DEFERRED BUSINESS: Establishing Policy of Restrictions Regarding Outside Employment of City Staff Upon Separation: June Liu, Assistant to the City Manager, presented the report which indicated that at the request of the Council, staff had provided information at the Council Meeting of November 23, 1998, regarding the restriction for employment after serving as a member of City staff. Several sample policies from outside cities were reviewed and staff, at that time, presented a proposed policy, which was included as part of the staff report, to address this issue. It was recommended that the City Council review and discuss the proposed policy and provide direction. Councilmember McGill commented that item No. 2 listed on the staff report, is too vague where it states that City employees shall not communicate with former City employees on any issue or matter in which that employee had official responsibility or participation, for a period of one year. He suggested to delete "communicate" and replace it with "should not respond to a solicitation for information or offering of advice". Mayor Pro Tem Piercy remarked that she agreed that item No. 2 is too broad and general and felt that it is not needed as part of the policy. She also commented that item No. 3 refers to Cypress employees which is to broad and it should be clarified if it is only going to relate to Management employees. The City Attorney stated that the intent for a code of ethics is to prevent employees from using their positions in the City to gain employment with a major vendor of the City or using their former position with the City to achieve an advantage on behalf of themselves or their client. Councilmember Sondhi indicated that item No. I and 2 do not state any consequences and suggested that it should be very clear as to how the document is going to be used. She also agreed that item No. 2 is very broad. Mayor Keenan clarified that points 1, 2 and 3 on the report are not meant to be the code of ethics and are just guidelines to see which direction Council wishes to take. He indicated that the code of ethics will be much more encompassing. Councilmember McCoy said that the code of ethics should address Management employees only. The City Attorney summarized that if the Council approved the general concepts presented, staff would craft a precise and easier to understand legislation to present for formal consideration. It was moved by Mayor Keenan and seconded by Councilmember McCoy to direct staff and the City Attorney to craft a policy to apply to top management and middle management employees and that it be broader than the limitations on outside future employment and to provide a bid of a code of ethics associated with outside employment and other activities such as the use of confidential information which parallels some of the other terms that were used in City of San Diego's policy. The motion was unanimously carried by the following roll call vote: 8 CITY COUNCIL MINUTES January 11, 1999 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None NEW BUSINESS Request to Remove a parkway Tree at 5701 Cerritos Avenue: The Public Works Director presented the report which was an appeal to the Public Works Director's decision denying removal, of the parkway tree at 5701 Cerritos Avenue, as authoirzed by the City Code. The street tree at 5701 Cerritos Avenue does not meet any of the criteria established by the City Council for tree removals. Staff recommended that the City Council hear Mrs. Castillo's appeal and provide direction to staff on whether the street tree should be removed or left in place. Jocye Castillo, applicant, remarked that the pictures presented by staff were taken after the tree was trimmed. She indicated that there are some sidewalk damages and felt that the tree would create further damage, possibly to her property, as roots of the tree have appeared in her lawn. Councilmember McCoy asked if the sidewalk is lifting or cracking as the result of the tree roots. Mr. Christoffels responded that the sidewalk does not meet the tripping hazard criteria at this time but it currently shows a slight displacement. Mayor Pro Tem Piercy commented that the tree appeared it was not being properly maintained by the City but after the trimming, the tree appears healthy and she would not approve the removal of the tree. Councilmember McGill stated that he visited the subject site and had a concern of the tree damaging Mrs. Castillo's block wall. Mr. Christoffels indicated that it does not appear that the tree will cause any damage to the block wall in the near future but may eventually. Councilmember Sondhi asked if there is a remedy for the potentially rising roots that the tree appears to have and concurred that the tree does not need to be removed. It was moved by Mayor Pro Tern Piercy and seconded by Councilmember Sondhi to deny the request to remove a parkway tree at 5701 Cerritos Avenue. The motion was carried with the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Piercy and Sondhi I COUNCILMEMBERS: Keenan 0 COUNCILMEMBERS: None Request to Remove a Parkway Tree at 6158 James Alan Street: The Public Works Director presented the item which was a request by Mrs. Allison Rodgers to remove a parkway tree at 6158 James Alan Street. Mr. Christoffels stated that the street tree does not meet any of the criteria established by the City Council for tree removals. Curb and gutter repairs were completed as the tree had caused some damages. After a brief discussion, it was moved by Councilmember Piercy and seconded by Councilmember Sondhi to deny the request to remove a parkway tree at 6158 James Alan Street. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Piercy and Sondhi 1 COUNCILMEMBERS: Keenan 0 COUNCILMEMBERS: None Adoption of Position Opposing the Implementation of the Orange County Fire Authority Equity Study: The City Manager indicated that the Orange County Fire Department was restructured as the Orange County Fire Authority (OCFA), a joint powers agency, in 1995. An important provision of the founding agreement was that an "equity" study be conducted within three years to evaluate the relationship of revenues generated and costs to serve each member jurisdiction. That study has recently been completed and demonstrates that OCFA property taxes from Cypress generate approximately $770,000 less per year than the cost of providing services. 9 CITY COUNCIL MINUTES January 11, 1999 The OCFA Board of Directors will soon consider whether to implement cost adjustments for each member agency. The City Manager proceeded in presenting a lengthy report which covered a history of the OCFA and the Equity Study, reviewed the effect of the implementation of the equity study, related the equity study to voter approved statewide policy, and recommended a position on behalf of the City of Cypress. He also went over some alternatives that staff did not recommend. After concluding his presentation, the City Manager indicated that staff recommends, at this time, that the City Council adopt the Resolution by title only, title as follows, opposing the imposition of the Equity Study by the Orange County Fire Authority, and direct its member on the Board of Directors to represent this position accordingly at future OCFA Board meetings. The City Council commended the City Manager for writing a very concise report that was very clear to understand. The Mayor asked that if property turn over and property taxes increase in general, have an impact on the Fire Authority's revenue stream. The City Manager indicated that it does and went over some examples. After brief remarks from City Council, it was moved by Councilmember McGill and seconded by Mayor Pro Tem Piercy to adopt the Resolution by title only, title as follows, opposing the implementation of "equity adjustments" within the Orange County Fire Authority, and direct its member on the Board of Directors to represent this position accordingly at future OCFA Board meetings: RESOLUTION NO. 5052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING THE IMPOSITION OF THE EQUITY STUDY BY THE ORANGE COUNTY FIRE AUTHORITY. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Amendin.q Chapter 21A of the Code of the City of Cypress and Resolutions Authorizing Chan.qes in Monetary Limits: Mr. Storey, Director of Finance and Administrative Services presented the report which presented recommendations from the Finance Review Committee (FRC). The FRC, during its review of the City's Purchasing and Bidding Policies and in their report to the City Council on October 13, 1998, recommended that certain monetary levels be changed. These include the amount of the level for formal bidding be increased from $10,000 to $25,000, the level for Public Works Contract formal bidding be increased from $10,000 to $25,000, the level of the maximum amount on a blanket purchase order be increased from $500 to $2,000, and the maximum petty cash purchase be increased from $50 to $100. Based on the recommendations of the FRC, staff prepared an Ordinance and Resolutions for City Council approval. It was recommended that the City Council: 1) Approve the an Ordinance amending Chapter 21A, "Purchasing System" of the Code of the City of Cypress; and 2) Approve a Resolution adjusting the level on department blanket purchase orders; and 3) Approve a Resolution increasing the petty cash limit from $50 to $t00. At the request of the Mayor, Mr. Storey went over bidding procedures under the new Ordinance, Councilmember McGill asked that Mr. Storey comment on the accounting procedures used for the blanket purchase orders. Mr. Storey explained the process of the blanket purchase orders. It was moved by Councilmember McCoy and seconded by Councilmember McGill to introduce the Ordinance for first reading by title only, title as follows, amending Chapter 21A., "PURCHASING SYSTEM", OF THE CODE OF THE CITY OF CYPRESS, and adopt the Resolutions by title only, titles as follows, Adjusting the Limit on Department Blanket Purchase Orders, and Adjusting the Petty Cash Reimbursement Limit, respectively. 10 CITY COUNCIL MINUTES January 11, 1999 ORDINANCENO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 21A., "PURCHASING SYSTEM", OF THE CODE OF THE CITY OF CYPRESS. RESOLUTION NO. 5053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJUSTING THE LIMIT ON DEPARTMENT BLANKET PURCHASE ORDERS. RESOLUTION NO. 5054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJUSTING THE PETTY CASH REIMBURSEMENT LIMIT. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Appointment of Two City Council Members to the Target Marketing Subcommittee: The Community Development Director presented the report which necessitated the appointment of two Councilmembers to serve on a subcommittee to clarify and target what is meant by retail and entertainment uses. One of the goals identified in the City's Strategic Plan is to increase retail, restaurant and entertainment uses. Associated with this goal is the objective that by February 28, 1999, a Target Marketing Subcommittee composed of two Council members, Community Development representative and the Finance/Administrative Services Director clarify and target what is meant by retail and entertainment uses. It was recommended that the City Council appoint two Council Members to serve in the Target Marketing Subcommittee. After a brief discussion, it was moved by Mayor Keenan and seconded by Mayor Pro Tern Piercy to appoint the Mayor and Mayor Pro Tern to the Target Marketing Subcommittee. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Request to Produce a Periodic Television Program on Topics of Community Interest Hosted by City Council Members: June Liu, Assistant to the City Manager, presented the report which was originally a suggestion by the Mayor at the last Council Meeting, to produce a periodic community show on the City's Channel 36 with the show hosted by the Mayor and Council Members on a rotation basis. Several options for the show's format were outlined in the staff report. It was recommended that the City Council discuss the proposed television program for Channel 36 and direct staff as appropriate. The City Council, in summary, concurred that a community show will be an excellent idea as it will offer the community information on City events, on education and encourage them to participate in community events. The City Council all agreed to strive for the Magazine Format presented as an option in the staff report. Mayor Keenan suggested that at the next workshop meeting, Council present ideas for the programs. It was moved by moved by Councilmember McGill and seconded by Mayor Pro Tern Piercy to direct staff to start the process to produce a periodic television program on topics of community interest hosted by City Council Members and to use the proposed Magazine format for a show. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 11 CITY COUNCIL MINUTES January 11, 1999 SCHEDULING INTERVIEW SESSION FOR APPOINTMENT TO THE CULTURAL ARTS COMMISSION: The City Council concurred on scheduling the interviews at 6:00 p.m., on January 25, 1999. Approval of Commercial Warrant List for Warrants No. 35212 - 35613: It was moved by Councilmember Sondhi and seconded by Mayor Pro Tem Piercy to approve Warrants No. 35212 - 35613 in the amount of $3,007,157.56. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Change to the Youth Commission Ordinance to Allow for Two Alternate Youth Commissioners in Addition to the Current Seven, Effective With the 1999-2000 Terms, as Recommended by the Recreation and Community Services Commission on November 17, 1998: Marvin DeCarlo, Recreation & Parks Director presented the report which presented recommendations by the Recreation and Community Services Commission. The Recreation and Community Services Commission, at its regular meeting of November 17, 1998, unanimously voted to recommend to City Council a change in the Youth Commission Ordinance to allow for two Alternate Youth Commissioners in addition to the current seven, effective with the 1999-2000 terms. At the direction of the City Council, the Recreation and Community Services Commission met with the Youth Commissioners and concluded that it would be beneficial to change the policy and create alternate positions for the Youth Commission. It was recommended that the City Council approve the change in the Youth Commission Ordinance to allow for two Alternate Youth Commissioners in addition to the current seven Commissioners, effective with the 1999-2000 terms and direct the City Attorney to review Article IX, sections 2-91 and 2-92 of the Municipal Code and develop language to amending the Code, as recommended by the Recreation and Community Services Commission. In responding to Mayor Pro Tem Piercy relative to previous discussion of having Junior High School students participation in the Youth Commission, Mr. DeCarlo replied that the Recreation & Community Services Commission and the Youth Commission, felt that they would address this issue in a more informal basis. They will be contacting the Junior High Schools to ask for representatives to participate in discussions with the Youth Commission. It was moved Mayor Pro Tem Piercy and seconded by Mayor Keenan, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the change in the Youth Commission Ordinance to allow for two Alternate Youth Commissioners in addition to the current seven Commissioners, effective with the 1999-2000 terms and direct the City Attorney to review Article IX, sections 2-91 and 2-92 of the Municipal Code and develop language to amending the Code, as recommended by the Recreation Community Services Commission. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. None presented. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Mayor Pro Tern Piercy announced that she serves on the Orange County Sanitation Board and attended a workshop to discuss The Strategic Plan which addresses water issues. She indicated that the Board has been working on this for about a year and a half and anticipates that they will be finished in a couple of months. 12 CITY COUNCIL MINUTES January 11, 1999 Councilmember Sondhi indicated that she was going to be attending an Orange County Regional Airport Authority meeting, on January 13, 1999. Councilmember McGill announced that he was going to attend an Orange County Fire Authority Workshop on the Equity Study on January 19, 1999. Mayor Keenan remarked that he attended an Orange County Transportation Authority Board of Directors meeting and was sworn in. He said that at that meeting, a public hearing date was approved to discuss possible rate increases. He said that they also discussed a "day-pass" which will allow riders to ride the bus unlimited times in any direction on daily basis. ORAL COMMUNICATIONS: Mayor Pro Tem Piercy provided the City Manager with an article relating to trees and asked that copies be given to the other Councilmembers. She also suggested using this article, as information, at the Tree Policy Workshop. Mayor Pro Tem Piercy commented that she would be interested in attending an Orange County Treasurers' Conference and invited the other members to attend. WRITTEN COMMUNICATIONS: None Presented ADJOURNMENT: Mayor Keenan adjourned the meeting at 10:46 p.m., to Monday, January 18 at 7:00 p.m., for a City Council/Skatepark Task Force Workshop at the Community Center, 5700 Orange Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 13