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Minutes 99-02-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 22, 1999 The Regular Meeting of the Cypress City Council was called to order at 5:04 p.m., Monday, February 22, 1999, in the Administrative Board Room, Cypress, with Mayor Keenan presiding. PRESENT: Councilmembers: McCoy, McGill and Sondhi Mayor Pro Tem Piercy and Mayor Keenan ABSENT: None Also present were City Manager Ochenduszko, City Attorney Wynder, staff members Angus, Christoffels, Liu, Mariscal, McDonald and Storey. Also present was Kathleen Head from Keyser Marston Associates, Inc. WORKSHOP SESSION: City's Street Tree Removal and Replacement Program The Public Works Director opened the presentation on the Tree Policy by giving a history on how this policy came about. He indicated that city trees have been planted in parkways by cities all over California. In the 1920s, 1930s, 1940s and early 1950s, housing tracts had quite a large parkway, 5 and 7 feet between the curb and the sidewalk. As housing tracts developed, the City, in exchange for open space for neighborhood parks, allowed the developers to reduce the parkway widths to as little as two or three feet, or in some cases eliminate the parkway altogether, placing the sidewalk against the curb and creating small tree wells within the sidewalk area. The result has been an ongoing problem with sidewalks being damaged by tree roots from trees not suited for these small growing areas. This matter has been discussed by previous City Councils in 1983, 1989, t99~, and again in 1997, resulting in the City's current street tree policy. The City Council concluded at their May 12, 1997 meeting, that street trees should only be removed under certain circumstances. Staff instituted this new policy and is currently no longer authorizing tree removals unless they meet the approved criteria. Any exceptions or resident appeals are presented to the City Council for consideration. Past actions by previous City Councils leading to these policies were done to try to resolve the tree incompatibility issue, as well as address the complaints of those that must live with these trees near their property on a daily basis. It was determined that street trees not desired by the residents, generally result in excessive requests for tree trimming, liability claims, and occasionally direct vandalism of the trees. The current policy takes a more conservative approach, recognizing the fact that street trees provide beauty and value and are an asset to the whole community, not just the residence where the tree is located. Previously, trees causing any kind of sidewalk or curb damage were removed. CITY COUNCIL MINUTES February 22, 1999 This was done to address the cost of replacing tree damaged sidewalks every four to five years. The current policy dictates that a tree can be removed only if the damaged sidewalk cannot be repaired or safely ramped. The City Council believed that the $300 to $500 spent to repair the sidewalk every four to five years was a minimal investment to maintain a mature street tree. Previous policy also allowed removals of trees not on the current approved list, but the current policy does not allow any such removals. It was recommended that the City Council provide staff with policy direction on the removal and replacement of City street trees. The City Manager suggested adding the following to the current policy: · Tree is not on the approved list, has caused damage, likelihood of future damage exists and resident agrees to pay for a 36 inch box on the approved street tree list that is consistent in appearance with those on the street. Following discussion by the City Council, the existing Tree Removal/Replacement Policy criteria was amended as follows: · Tree is dead or diseased · Tree is determined to be a hazard (i.e. tree is leaning into the street) · Resident can prove to the City that the tree has roots in the sewer system. · Tree is not on the approved list, has caused damage, likelihood of future damage exists and resident agrees to pay for a 36 inch box on the approved street tree list that is consistent in appearance with those on the street. Lincoln Avenue Economic Study The City Manager indicated that the presentation included an update and an overview of the Lincoln Avenue Economic Study. He informed Council that after the presentation they would move into closed session to discuss information about specific properties on Lincoln Avenue. Alice Angus, Community Development Director, introduced Katherine Head of Keyser Marston Associates, Inc., (KMA), who conducted the Economic Study for Lincoln Avenue. Ms. Angus and Katherine Head went over the study prepared by KMA. In summary, KMA concluded that the demographic characteristics of the market area are sufficiently strong to support the development of a major retail center in the area. A likely mix of uses would include an anchor tenant, such as a multiplex cinema and a mix of retail and restaurant uses, perhaps including a large-scale book, home furnishings, sporting goods and/or electronics store(s). Ms. Head indicated that they looked at the draft specific plan and at the Advisory Committee's recommendations for the land uses to be included in the Specific Plan area. They did not do any market analysis on uses that were specifically excluded from the draft Specific Plan, most notably Hotel/Motel and auto related services. After a brief discussion, Council went into closed session for Phase 2 of the KMA study, which was to identify and evaluate potential catalyst projects. CITY COUNCIL MINUTES February 22, 1999 CLOSED SESSION: The City Council met in Closed Session to discuss the agendized Conference with Real Property Negotiator and Liability Claims. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by Cub Scout Pack 660. INVOCATION: The invocation was given by Bishop Don Lewis from the Church of Jesus Christ of Latter-Day Saints, 5t" Ward. PRESENTATIONS: Mayor Keenan presented a Community Service Plaque to Former Cultural Arts Commissioner Penny Brown for her eight years on the Commission. The Mayor also introduced Dr. Marjorie Lewis, Newly Appointed President of Cypress College. Dr. Lewis thanked the Council for their past support of the College and support of their programs. She invited Council to a forum coordinated to address a hate crime incident that occurred at the college. Mayor Keenan indicated that on February 20 at a California Park and Recreation Conference held in Santa Clara, the City of Cypress along with the City of La Palma, was the recipient of a California Park and Recreation Society Award of Excellence. REPORT OF CLOSED SESSION/WORKSHOP AGENDA The City Manager reported that the City Council held two workshops to discuss items of interest. One was the City Street Removal and Replacement Program wherein considerable discussion about the existing program, limitations related to the planting of trees, history of the tree policy and changes that have occurred, took place. The City Council unanimously directed staff to bring back a revised policy for their consideration. Mr. Ochenduszko also reported that an update presentation related to the viability of certain types of business on Lincoln Avenue was held and presented by Keyser Marston Associates. The City Attorney reported that the City Council considered two claims, the first by J & F Machines and the second by Ryan Weatherman by Stephen S. Asaki, Attorney at Law. The Council unanimously determined to reject both claims and give notice as required by law. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR (THREE MINUTES PER SPEAKER, SPEAKING ONCE) 3 CITY COUNCIL MINUTES February 22, 1999 Rick McFall, owner of Well Lot 15 on Acacia Drive, requested that the City Council deny permits for block walls or any type of construction on Well Lot ~15 until purchasing negotiations matters are finalized. The City Manager indicated that staff would address this issue and would get back to him. Mayor Keenan, as a reminder, announced that he has been holding office hours, one hour before the Council Meetings. CONSENT CALENDAR All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Sondhi pulled items No. 1, No. 4, No. 5 and Item No. 7. It was moved by Councilmember McGill and seconded by Mayor Pro Tem Piercy to approve Consent Calendar Items No. 1 through No. 12 with the exception of item No. 1, No. 4, No. 5 and No. 7. 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. 2: Motion to Introduce an/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and To Waive Further Reading. Item No. 3: Acceptance of t998-99 Resurfacing of Residential Streets, Public Works Project No. 9826. Recommendation: That the City Council: 1) Accept the project for the 1998-99 Resurfacing of Residential Streets, Public Works Project No. 9826, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $57,238.88 to All American Asphalt, P. O. Box 2229, Corona, CA 91718-2229, 35 days after the Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed. Item No. 6: Approval of Contract Change Order No. 6 for the Lincoln Avenue Streetscape, Public Works Project No. 9805. Recommendation: That the City Council approve Contract Change Order No. 6 for the Lincoln Avenue Streetscape Project, Public Works Project No. 9805, to Hillcrest Contracting, Inc., 1467 Circle City Drive, Corona, CA 91719, in the amount of $29,684.55 4 CITY COUNCIL MINUTES February 22, 1999 Item No. 8: Approval of Design Review Committee No. 99-3, Request to Approve an 8' High Pallet Enclosure at the Rear of the Home Depot Site, Located at 5800 Lincoln Avenue, Within the PC Planned Community Zone. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 99-3-with conditions. RESOLUTION NO. 5064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 99-3-WITH CONDITIONS. Item No. 9: Adoption of Resolution in Support of SB 204 to Control and Eradicate Fire Ants in Orange County. Recommendation: That the City Council adopt the Resolution by title only, title as follows, in support of SB 204, and authorize the Mayor to sign a letter, on behalf of the City Council, addressing appropriate Senators and asking them to support such a bill. RESOLUTION NO. 5065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING SB 204 TO CONTROL AND ERADICATE FIRE AN~'S IN ORANGE COUNTY. Item No. 10: Review of Monthly Investment Program for the Month of January 1999. Recommendation: Receive and file. Item No. t'1: Opposition to AB 83 Prohibiting Imposition of Business Licenses on Home Operated Business. Recommendation: It is recommended that the City Council oppose AB 83 exempting home-based businesses from local business taxes, and authorize the Mayor to sign a letter, on behalf of the City Council, addressing appropriate Assemblymen and asking them to oppose such a bill. Item No. 12: Adoption of Statement of Investment Policy. Recommendation: That the City Council of the City of Cypress, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Statement of Investment Policy Resolution by title only, title as follows. RESOLUTION NO. 5066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. 5 CITY COUNCIL MINUTES February 22, 1999 Item No. 1: Approval of City Council Minutes of February 1, 1999, February 4, 1999, and February 8, 1999. Councilmember Sondhi explained that she pulled this item as she wanted a modification made to the February 4 minutes. She indicated that she commented to offer the contest to other grades such as Junior High School and Senior High School students and the minutes only reflected that she mentioned Junior High School students. She asked that minutes reflect inclusion of Senior High School students. It was moved by Councilmember Sondhi and seconded by Mayor Pro Tem Piercy to approve the minutes of February 1, 1999, February 4, 1999 to reflect inclusion of Senior High School students on page 3 of the minutes and February 8, 1999. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGilI, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 4: Acceptance of Carpeting for the Cypress Police Department, Public Works Project No. 9823. Councilmember Sondhi asked, for clarification, how many yards of carpeting were installed in the Police Department. Mr. Christoffels, Public Works Director responded that 924 square yards of carpeting were installed in the Police Department. It was moved by Councilmember Sondhi and seconded by Mayor Pro Tem Piercy to 1) Accept the Carpeting for the Cypress Police Department, Public Works Project No. 9823, as being satisfactorily completed in substantial conformance with the project specifications; 2) Appropriate $277 from the unreserved fund balance of the CIP Fund to Account No. 4186-15-816-24; 3) Approve the final retention payment of $3,5t7.14 to Shaw Contract Flooring/Pacific International, 132 E. Dyer Road, Santa Ana, CA 92707, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, upon the Director of Public Works' concurrence; and 4) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon 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. 5: Defining "Maintenance and Improvement of Public Safety" as it Relates to the City's Strategic Plan Three Year Goal: Maintain and Improve Public Safety. Councilmember Sondhi requested that this item be continued, for further definition and discussion, to a Workshop Retreat session scheduled for March 1,1999. It was moved by Councilmember Sondhi and seconded by Mayor Keenan to continue the item to the Workshop Retreat scheduled for March 1, 1999. The motion was unanimously carried by the following roll call vote: 6 CITY COUNCIL MINUTES February 22, 1999 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGill, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 7: Approval of Design Review Committee Permit No. 99-2, Request to Approve the Installation of an 18' High, 13' in Width Monument Sign for Home Depot, Located at 5800 Lincoln Avenue, Within the PC Planned Community Zone. Councilmember Sondhi indicated that she pulled the item as she was concerned about the size of the sign being installed on Lincoln Avenue. She remarked that signage guidelines for Lincoln Avenue, as part of the vision for the new Lincoln Avenue, have not been set. She requested that the item be continued until there is clear understanding of what type of signage is desired for Lincoln Avenue. Mayor Pro Tem Piercy remarked that Home Depot has being very cooperative with the City and this signage item has been presented to the City Council several times and felt that Home Depot has finally come down to a consensus. She said she would be in favor of approving the sign request. The Community Development Director indicated that the first time the sign was presented to Council, it was a 25 foot high pole sign and it was then dropped to a monument sign. Ms. Angus remarked that they solicited the opinion of the landscape architect for Lincoln Avenue, Steve Smith, who thought it was in context to the streetscape and the elements in the size of the landscaping that is going in on Lincoln Avenue. It also meets the standards of the Code. Ms. Angus commented that this site is unique based on the size and magnitude of the development and the size of the site and staff felt that the sign is in scale with the building. The applicant, Dane Cardone, explained that he was before the City Council 14 months ago, for a freestanding sign. He said it has been a long process and they have cooperated with staff as to the conditions. He indicated that the sign will be the same size as the K-Mart and the IHOP signs on Lincoln Avenue. Following a lengthy discussion, it was moved by Mayor Keenan and seconded by Councilmember McGill to continue the item and direct staff to work with the applicant in presenting something more in scale. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: McCoy, McGill, Sondhi and Keenan 1 COUNCILMEMBERS: Piercy 0 COUNCILMEMBERS: None DEFERRED BUSINESS: Establishment of Municipal Ethics Policies for Executive Staff Restrictin.q Outside Employment and Use of Confidential Information: The City Manager recommended that this item be continued for a workshop session in the near future. CITY COUNCIL MINUTES February 22, 1999 NEW BUSINESS: TEFRA Hearing Update: Reauest bv Bertram Development Comoanv and the California Statewide Communities Development Authority, to Receive the TEFRA Hearing Input to Approve the Tax Exempt Financing for the Cypress Grove Apartments, Located at 9950 Juanita Street, in the RMo20 Residential Multiple-family Zone: The City Manager asked the Community Development Director to open the presentation and indicated that he would follow-up with some comments from the Public Hearing that he held on Friday, February 19, 1999. Ms. Angus indicated that the TEFRA Hearing deals with tax exempt bonding for a proposed housing acquisition and rehabilitation within our City, specifically represented by the California State-wide Communities Development Authority who requested the Hearing in order to proceed with the bond issuance. Under the Internal Revenue Code, it is necessary for a hearing to be held at the local level and for the local elected body to give support for the bonds to be issued. Due to some timing requirements of this bond issuance, it was necessary for the hearing to occur by February 19, 1999. Ms. Angus indicated that noticing was done by the State, in a paper of general circulation, which doesn't meet the same time requirements as the typical notice for a Council hearing or any other type of Public Hearing. In addition, staff requested the applicant, Bertram Development, to provide notice to the tenants within the apartment project at Cypress Grove on Juanita Street. Staff also sent notices of the Public Hearing and of this meeting to residents within a 300 foot radius. In response to that notice, staff received a total of 35 phone calls expressing opposition to the project. The City Manager relayed that on Friday, February 19, 1999, he held a Public Hearing with the applicant, Bertran Development Partners, LLC, regarding the TEFRA application. He explained that the reason he held the public hearing rather than the City Council, was because there was a very short time frame in making this application to the California State Community Development Authority, and the only way that the City Council could consider this matter was if he held the hearing. The Project is a 160 unit apartment project that is 30 years old. The City Manager indicated that the bond for this project is $10 million, $9 million will be for the acquisition of the property and $1 million dollars would be for rehabilitation of the property. Mr. Ochenduszko indicated that the applicant has mentioned that the majority of work to the property was going to be maintenance work and rehabilitation and not a significant remodeling or upgrading of the facility to modernize it. Considering the age of the structure, he did not feel there was sufficient funds reserved to bring this project up to current standards. He was also concerned about the 30 year timeframe reserved for low income housing, and would recommend denial of the application. The applicant, Mark Goodman, representing Bertram Development Partners, LLC, went over his background relating to affordable housing and redevelopment. He explained that the project is not government housing and they are spending $1 million in the project. He indicated that they are going to manage the complex themselves, with an onsite Manager, Assistant Manager, Maintenance Supervisor, Assistant Maintenance Worker, a grounds keeper and security will be provided. The City Attorney, before the Mayor asked for public input, indicated that Council has the discretion to limit the repetitious objections, questions or concerns. Each subsequent speaker should not repeat the same, comments or concerns. 8 CITY COUNCIL MINUTES Februar~ 22, 1999 Susie Linde spoke about the existing violence at Juanita and Ball. She indicated that she is concerned that the Police can not handle anymore crime at that intersection. She talked about not having been properly notified of the Public Hearing held February 19, 1999. She expressed concerns about the property values going down because of this project. Mr. Kenjie, Dan Shelton, Doug Bailey, Dick Horn, Caroline Bulko, Christina Olkie, and Mary Bethbeck all expressed their opposition to the project as they were concerned about increased crime, property values going down, safety issues, higher density that would affect traffic and schools and the subject property becoming a HUD housing complex. They also commented that they were not properly notified of the hearing by City staff. Jean Mathews, resident at the Cypress Grove Apartments, stated that she is in a very low income and would benefit from this project. The Mayor asked the Community Development Director to address the noticing process. Ms. Angus explained that this project is different in that it is being proposed as a bond issue through the State. There was a requirement for a Public Hearing and the only notice required under the Internal Revenue Code is a notice in the newspaper. This notice was done by the State Agency. In addition staff requested the developer to notice the tenants and at the last minute decided to some noticing to the adjacent neighbors within a 300 foot radius. This noticing was not required as it is not a zoning issue. The City Attorney indicated that staff provided greater notice than it is required. Bernadette Zavala expressed safety concerns due to the deterioration of the property and asked Council if there are any other plans for the project if this proposal from Bertram Development is denied. The Mayor clarified that the City does not develop private property and there are no other proposals for this property. Laura Whitman, real-estate expert, indicated that the tenants at the subject property fall in the low income category and felt that the demographics will not change. She indicated that the effect will be the long term of this project. She stated that approving the project will not benefit Cypress but would make the Developer a lot of money. The applicant, Mr. Goodman, clarified that Fannie Mae requires $2,500 per month for ongoing maintenance and operation expenses and they are proposing to spend $3,500 a year per unit. The $250 a year, per unit, he mentioned previously, is reserve money, not for regular maintenance. After a lengthy discussion, the Council all concurred that a 30 year bond would not benefit the City of Cypress as it would strictly be reserved for low income housing. CITY COUNCIL MINUTES February 22, 1999 It was moved by Mayor Pro Tem Piercy and seconded by Councilmember McGill to deny the request for approval of the proposed financing. 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 Approval of OranCle County Transportation Authority Proposal to Administer Taxi Service Licensin~l on a Countywide Basis: The City Manager asked Lt. Jim Weuve to present the report which recommended participation in the Orange County Taxi Administration Program (OCTAP). Currently, the City of Cypress licenses, administers and regulates all taxicab service within the City, pursuant to Section 26A-1, et seq., of the Code of the City of Cypress. In March of 1997, Council considered a proposal to participate in the OCTAP. The purpose of the proposal was to secure participation by all Orange County cities in a program that would centralize all permitting and administration of the taxicab services within those jurisdictions under the Orange County Transportation Authority. At that time, Council voted to reject the proposal, in part, due to the fact that the procedures and processes for the program had not been established. Since that time, the Orange County Transportation Authority has created and implemented a thorough and comprehensive program of standards and procedures for the permitting and administration of all taxicab services. The program began operation on January 2, t998. To date, the program has been evaluated as being very successful in providing a more effective and efficient means of regulating taxicab service matters, One of the acknowledged attributes of the program is that it eliminates much of the previous duplication that cab companies and cab drivers were subjected to if they wished to operate in multiple cities. Under OCTAP, other than obtaining a city business license, cab companies only have to comply with one set of unified rules, regulations and standards. As of December 31, 1998, twenty-five (25) communities have joined the program. Five additional jurisdictions are in various stages of implementation. The Orange County Taxi Administration Program has issued 772 taxicab drivers and 596 taxicab permits. It was recommended that the City Council adopt a Resolution approving the City's participation in the OCTAP program and approve the first reading of the Ordinance repealing Section 26A-1 et seq., of the Code of the city of Cypress, adding a new Section 26A thereto, and revising the regulations applicable to the operation of taxicabs. Councilmember McCoy asked if there are any regulations as to how many cabs can operate in the City. Lt. Weuve indicated that the City still maintains the control and authorization of which taxi-cab vendors operate within the City. Councilmember McGill asked, for confirmation, if the three existing contracts under the OCTAP, would be affected in any way. Lt. Weuve indicated that they currently belong to OCTAP and meet all of their standards. 10 CITY COUNCIL MINUTES Februar~ 22, 1999 He indicated that this program does not put them through a number of different processes to operate in the various jurisdictions. Under the current system, they would have to go through the City's process as well as OCTAP to operate in the participating OCTAP cities. Mayor Keenan and Mayor Pro Tem Piercy both concurred that it is a good program and would be in favor of it. It was moved by Mayor Pro Tem Piercy and seconded by Mayor Keenan to adopt the Resolution by title only, title as follows, adopting Orange County Taxi Administration Program (OCTAP) Rates of Fare and Regulations and approve the first reading of the Ordinance, repealing Chapter 26A of the Code of the City of Cypress, Adding a New Chapter 26A thereto, and Revising Regulations Applicable to the Operation of Taxicabs. RESOLUTION NO. 5067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) RATES OF FARE AND REGULATIONS. ORDINANCENO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REPEALING CHAPTER 26A OF THE CODE OF THE CITY OF CYPRESS, ADDING A NEW CHAPTER 26A THERETO, AND REVISING REGULATIONS APPLICABLE TO THE OPERATION OF TAXICABS. 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 RECESS: The Mayor recessed the meeting at 9:00 p.m. The meeting reconvened at 9:11 p.m., with all Councilmembers present. Approval to Appropriate and Expend Money from Public Safety Grant Funds (AB 3229): The City Manager asked Chief Hensley to present the report which addressed two separate issues of the Supplemental Law Enforcement Fund. The first issue was the acceptance of money and the second the payment of fees regarding the Mobile Data Systems (MDS) computer project. Since 1996 the City of Cypress has received funding pursuant to AB 3229. This Bill provides for $100 million to police departments through out the State. This year, the City of Cypress received $108,150 to supplement existing front line law enforcement services. The Chief indicated that if the grant is accepted, the matter would be presented to Council for a public hearing to identify the expenditures. 11 CITY COUNCIL MINUTES February 22, 1999 The second issue was the appropriation of $18,069 for grant writing services for the Mobile Data Systems Computer Project. In April of 1998, the City. Council authorized the City of Cypress to join in a grant funding process with the City of Brea and authorized the City Manager to sign the Memorandum of Understanding for the Brea MDS Federal COPS MORE grant, and sign a Letter of Agreement with the City of Brea to participate for a five year period. This program will provide Mobile Data Computers for police vehicles. It was recommended that the City Council approve an increase of estimated revenues for fiscal year 199811999, in the Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants account number 3525-30-999-99 for $108,150. Appropriate $18,069 from the fund balance of the Supplemental Law Enforcement Services Fund to account 4189-30-181-05 for the payment of grant writing services related to the Mobile Data System Computer Program. In responding to Councilmember Sondhi relative to this being approved previously, the Chief indicated that this had been approved in the past from prior funding that was set aside through the grant process. Mayor Pro Tem Piercy asked what two cities dropped out and why. The Chief said that he did not know which cities they were but they dropped out because they were not able to provide the matching funds as required by the grant. The Chief indicated that Cypress has applied for a waiver that would excuse the City for the matching funds. In responding to Councilmember McGill relative to an article on how COPS grant money is being spent, Chief Hensley explained that the grant is approved from year to year and it is very difficult for a city to hire police officers and jailors and use this funding to supplement their salary. It is appropriately acceptable, under the guidelines, to use the money for equipment acquisitions, training and some support positions. He indicated that Cypress is meeting all of the requirements. After a brief discussion, it was moved by Councilmember McGill and seconded by Mayor Pro Tem Piercy to approve an increase of estimated revenue for fiscal year 1998/99, in the Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants account number 3523-30-999-99 for $108,150 and appropriate $18, 069 from the fund balance of the Supplemental Law Enforcement Services Fund to account 4t89-30-181-05 for the payment of grant writing services related to the Mobile Data System Computer Program. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: McCoy, McGilI, Piercy, Sondhi and Keenan 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Approval of Commercial Warrant List for Warrants No. 36009 - 36194: Councilmember McGill asked that the record reflect that he was abstaining from Warrant No. 36074. Mayor Keenan stated that he was abstaining from Warrant No. 36183. 12 CITY COUNCIL MINUTES February 22, 1999 It was moved by Mayor Pro Tem Piercy and seconded by Councilmember McCoy to approve the Commercial Warrant List for Warrants No. 36009 - 36194 in the amount of $829,969.28 with Councilmember McGill abstaining on Warrant No. 36074 and Mayor Keenan abstaining on Warrant No. 36183. 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. None presented CYPRESS REDEVELOPMENT AGENCY MATTERS: as the Cypress Redevelopment Agency. The Cypress City Council Acting RECESS: The Mayor recessed the meeting at 9:24 p.m., to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:41 p.m., with all Councilmembers present. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS: Mayor Pro Tem Piercy reported that Councilmember Sondhi and she attended a Leadership Academy Meeting relating to City Council and City Manager relations. She said it was very interesting and informative. She also reported that they attended a League of California Cities meeting at the new Edison Facility. Councilmember Sondhi announced that the next Academy Leadership Meeting will be on how Councils interact with the Press. She also reported that she attended the Orange County Regional Airport Authority Meeting on February 10, 1999. There were three items on the agenda for discussion, one was a report on the proposed interim cargo operations of El Toro Airport. The outcome of the discussion was the passage of a Resolution that would support the Board of Supervisors action to pursue interim cargo operations at El Toro. Mayor Keenan announced that he artended an Orange County Transportation Authority Board of Directors Meeting wherein a public hearing, for a rate restructuring, was held. ORAL COMMUNICATIONS: For Matters Not on the Agenda Mayor Keenan commented that the Council's Video is almost finalized. Allen Crowder asked what is the purpose of installing elevated crosswalks and median islands along Lincoln Avenue. The Public Works Director explained that the crosswalks have been temporarily elevated but will be leveled when new asphalt is installed. The new islands will be landscaped as part of the project. Councilmember McGill invited interested people to attend an Adult Day Care Meeting scheduled for February 23, 1999 at 6:30 p.m. 13 CITY COUNCIL MINUTES February 22, 1999 He also related that a member of the community asked about the possibility of considering a position for Honorary Chief for the former Police Chief. He asked that staff explore the feasibility of this suggestion. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda None presented. ADJOURNMENT: The Mayor adjourned the meeting at 9:55 p.m., to Monday, March 1, 1999, 4:00 p.m., at the Court Yard by Marriott, 5865 Katella Avenue, Cypress, to conduct a City Council/City Manager Retreat. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 14