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Minutes 95-12-11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 11, 1995 The Regular Meeting of the Cypress City Council was called to order at 5:32 p.m. in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding. PRESENT: Councilmembers Age, Carroll, Jones, Kerry and Bowman ABSENT: None Also present were Cib/Manager/City clerk Darrell ESseX, City Attorney John Cavanaugh and staff members Bacock, Chrlstoffels, DeCarlo, Kelly, Storey and WIcker. ORAL COMMUNICATIONS: FOr Matters on the 5:30 P.M. Agenda. No one spoke. AWARD OF CONTRACT: CONSIDERATION OF AWARD OF CONTRACT FOR THE REPAIR OF ASPHALT PAVEMENT AT THE MAINTENANCE YARD - REQUEST FOR QUOTATION NO. 9596-12, PUBLIC WORKS PROJECT NO. 9547: The City Manager asked the Public Works Director to summarize the staff report dated December 4, 1995 which indicated that nine bids were received for the removal and replacement of damaged asphalt pavement and the application of a seal coat and traffic striping for the front parking lot and rear yard area at the City Maintenance yard. Councilmember Carroll questioned the disparity between the high and low bidders and the Public Work Director respollded that the difference was the profit margin. It Was moved bV Councilmember Kerry and seconded by Councilmember Jones to: Determine that the lowest responsible bidder for Repair of Asphalt Pavement at the Maintenance Yard to be Copp Contracting, Inc.; and Award a contract for the Repair of Asphalt Pavement at the Maintenance Yard to Copp Contracting, Inc,, 12507 S. Carmenira Road, Whittier, CA 90605, in the amount of $19,990.76 (award amount of $18,173.42 plus 10% contingency). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AUTHORIZATION TO CONTRACT WITH COMPULINK, GST AND ADS CONSULTING GROUP, FOR THE PROVISION OF A CITY-WIDE DOCUMENT IMAGING SYSTEM: The City Manager called upon Jamie Herbon to present the staff report dated December 4, 1995 which advised that staff had solicited 20 prospective bidders, received and reviewed six proposals and identified four finalists whose proposals met all bid specifications. Staff visited the software companies and customer sites to see vendor and customer demonstrations of each type of software. The software that best met the current and future needs of all departments was LaserFische by Compulink. In addition to software, staff developed a request for proposal for the computer hardware needed to run the imaging system. The lowest responsible bidder was GST, Inc. Staff is recommending utilization of the services of ADS Consulting Group for installation and integration with the existing computer network. councilmember Bowman asked If thls new system would be able to interface with the GSI system to streamline the permit process and requested contact be made to determine compatibility between the systems. It was moved by Councilmember Carroll and seconded by Councilmember Jones to award contracts to: Compulink Management Center, Inc., 370 South Crenshaw BIrd., Suite E-106, Torrance, CA 90503, for the provision of document imaging software and support, In an amount not to exceed $33,100.00; GST, Inc., 17707 Valley View, Cerritos, CA 90701, for the provision of document Imaging computer hardware In an amount not to exceed $37,410.00; 109 CITY COUNCIL MINUTES December 11, 1995 ADS Consulting Group, 10743 Molony ROad, Culver City, CA 90230, for the provision of document imaging hardware installation in an amount not to exceed S3,200.00 from Project AcCOUnt 4189-11-464-24 for which there exists sufficient funds; and Transfer $37,410.00 from Project Account 4189-11-464-24 to the Internal Service ACCOUnt 4404-90-656-35 for the imaging hardware and the transfer of $33,100.00 from 4189-11-464-24 to 4116-11-464-24 for the imaging software and support. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF APPROPRIATION FOR THE PURCHASE OF STORAGE CONTAINER: The Police chief reviewed the staff report dated December 1, 1995, which sought to purchase a shipping container to be located at the Public Works Yard for property and evidence storage, Three bids were received for a painted 8' X 8.5' X 40' storage container. Installation of this container was reviewed by the City's Design Review Committee in an effort to determine a means of installing such a container in a manner that complied with the Zoning Code. No affordable, reasonable solution could be found. It was the opinion of the DRC that it would be reasonable for Council to grant a governmental exemption as authorized by the Zoning Code for the placement of this temporary property storage locker at the Public Works Yard. It was moved bV Councilmember Kerry and seconded by CoUncilmember Jones that the City Council: Appropriate S2,856.00 to be transferred from the unreserved fund balance of the General Fund to Account Number 4533-90-656-35 (Capital Equipment) in the Central Service Fund, to purchase an 8' X 8.5' X 40' storage container from J.S. Container, Inc., 17848 van Buren Blvd., Riverside, CA 92508; and Make the findings for a governmental exemption and grant a governmental exemption for the placement of a 40 foot shipping container to be used as a temporary property storage locker in the western portion of the Public Works Yard. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent calendar" are to be considered by the city Council to De routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Carroll asked that Item No. 7, Consideration of Acceptance for the Installation of an Energy Services Package be pulled. Mayor Bowman requested that Items NO. 8 and 10, Consideration of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 195 and Consideration of Employment LISTS for the Positions of City Planner, Senior Management Analyst and Police Officer Tralnee (Designated Academy), respectively, be removed. Councilmember Jones had asked that Item NO. 12, Consideration of Wicker Drive Land Use AdvisOry Committee Status Report, be removed and the City Manager wanted Item NO. 15, Consideration of Adoption of Resolution Commending Eagle SCOUt Dave White De removed for discussion. It was moved by Councilmember Jones and seconded by Councilmember Kerry to aDl:)rove the Consent calendar Items No. 4 through 18, with the exception of Items NO. 7, 8, 10, 12 and 15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 4: Motion to Approve City Council Minutes of November 27, 1995. 110 CITY COUNCIL MINUTES December 11, 1995 Recommendation: That the City Council approve the Minutes of the Regular Meeting of November 27, 1995, as submitted. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 6: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Tuan Van Nguyen and Ounchay Sasuvan, D.B.A. T & T Beer and Wine, 6271 Ball ROad, Cypress. Recommendation: Receive and file. Item NO. 9: Consideration of Proclaiming December 1995, as "National Drunk and Drugged Driving Prevention MOnth" and December 15, 1995, as "National Lights On For Life Day" In the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim December 1995, as "National Drunk and Drugged Driving Prevention MOnth" and Friday, December 15, 1995, as "National Lights On FOr Life Day" In the City of Cypress, Item NO. 11: Consideration of Design Review Committee's Approval of DRC ~95-52. Recommendation: That the City Council adopt the resolution by title only, title as follows, approvlng Design Review Committee Permit No. 95-52 - With Conditions. RESOLUTION NO. 4574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-52 o WITH CONDITIONS. Item No. 13: Consideration of a Technical Compliance Audit Of the Paragon Cable TV System in Cypress. Recommendation: That the City Council authorize a technical compliance audit of the Paragon Cable TV system In Cypress. Item NO. 14: Consideration of Legislation and Other issues for City Council Support or Opposition. Recommendation: That the City Council move to authorize opposition to the approval of H.R. 1058/S.240 Securities Litigation Reform ACt. Recreation & Park District Matters: Item No. 16: Consideration of Authorization for the Recreation and Park Director to Attend the League of California Cities' Community Services Conference, Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, authorize the attendance of the Recreation and Park Director to the League of California Cities' Community Services Conference, to be held in Monterey, California, on April 10 - 12, 1996, and be reimbursed for all actual and necessary expenses incurred. Item No. 17: Consideration of Support for the California State Games. Recommendation: That the City Council, acting as the ex-offlcio governing Board of Directors of the Cypress Recreation and Park District, receive and file this report. Item No. 18: Consideration of Agreements for Use of Community Parks at Damton and Vessels School Sites. Recommendation: That the city Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park DiStrict, approve the agreements for use of community parks at Damron and Vessels School sites. END OF CONSENT CALENDAR 3 CITY COUNCIL MINUTES December 11, 1995 Regarding Item NO. 7, Acceptance of Project for the Installation of an Energy Services Package, the City Manager reported that the City is not ready to accept the project. Councilmember Carroll asked if there was a system In place to determine the base period and the Public Works Director replied in the affirmative. Councilmember Carroll asked for an explanation of the procedure. The City Manager said that a system audit could be added to the final report. Mayor Bowman expressed a concern on the company's performance after the bond has been released. The City Attorney advised that, in light of the specific legal questions posed by council, he would revisit the agreement and provide answers prior to the acceptance of the project. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to continue this item to the January 8, 1996 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None In regard to Item No. 8, Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 1995, Mayor Bowman said he had understood the taxes applied to General Law cities, not to Charter cities. The Finance Director replied that the initiative specifically precluded Charter cities. Since then, the Gann Group have indicated they felt it was meant to include Charter cities, but the analysis Indicate that it would not affect the Charter cities. Councilmember Carroll had some questions on the report, which were answered by the Finance Director. It was moved by Councilmember Carroll and seconded by Councilmember Jones to receive and file the report. The motion unanimously carried bY the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None With regard to Item NO. 10, Employment LiStS for City Planner, Senior Management Analyst and Police Officer Trainee, Mayor Bowman asked if these were budgeted positions and the City Manager responded in the affirmative. It was moved by Councilmember Jones and seconded by Councilmember Kerry to receive and file. The motion unanimously carried bV the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Regarding Item NO. 12, Wicker Drive Land Use Advisory Committee Status, Chairman Bill Wostenberg requested a reaffirmation of the City Councll's support of the Advisory Committee and its mission. Responding to Councilmember Age, Mr. Wostenberg responded that about ten Individuals appear to no longer be interested In participating. He felt that they were making excellent progress and would be ready to return to Council in April to present their recommendation. Councilmember Carroll asked what the authority was to remove individuals from the committee. The Community Development Director advised that letters had been sent to people that had not shown up at meetings, followed by phone calls. Mayor Bowman suggested that the Cypress School District be contacted for their input. The Community Development Director will provide the Council with a list of those people that have not artended the meetings. It was moved by Councilmember Jones and seconded by Councilmember Kerry to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None In reference to Item No. 15, Resolution Commending Eagle Scout Dave White, the City Manager said that there has been a serious illness in the family and the information requested to prepare the resolution had not been provided. He suggested the resolution be approved, the resolution written when the information is received and then be presented at a future Council meeting. It was moved by Councilmember Kerry and seconded by councilmember Jones to adopt the Resolution by title only, title as follows, commending Eagle Scout Dave White. CITY COUNCIL MINUTES December 11, 1995 RESOLUTION NO. 4575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT DAVE WHITE ON ATTAINING THE RANK OF EAGLE SCOUT. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Bowman recessed the meeting at 6:20 P.m. to enable the Council to enter into Closed Session to discuss the agendlzed matters of Conference with Labor Negotiators (Government Code Section 54957.6) for Public Safety Employees, and Public Works Maintenance Supervisors Associations and Top Management Employees; Conference With Legal Counsel on two Anticipated Litigation Matters (Government code Section 54956.9(b) and Conference with Real Property Negotiator (Government Code Section 54956.8). The meeting reconvened at 7:32 p.m. with all Councilmembers present. Also present were the City Manager/City Clerk, City Attorney, staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Jones. PRESENTATIONS: Mayor Bowman made presentations of Community Service Plaques to former Cable Television Commissioners Fredrick Glass, Howard Martin and Janet Spurgeon. Presentation o~ the Mayor's Plaque to former Mayor Cecilia L. Age was made bY Mayor Bowman. Councilmember Age recounted some of the events that took place during her year as Mayor. The Resolution commending Eagle Scout Dave White was not presented at this time. ORAL COMMUNICATIONS: FOr Clarification of Ma~ters on the 7:30 P.M. Agenda. No one wished to speak. The City Manager summarized the actions taken by the city council during the 5:30 P.M. portion of the December 11, 1995 City Council meeting. The City Attorney revlewed discussions held during Closed Session on Personnel Matters involving the Police and Public Works Maintenance Supervisors Associations, the Personnel Matter involving Top Management Employees was not discussed and the Real Property Negotiation involving the property owner Christine Swain, Assessor's Parcel NO. 262-431-36. TwO Anticipated Litigation items were discussed, one involving the Cable TV transfer from Copley/Colony to Continental Cablevision. The second was a McDonnell DOUglaS parcel map, the facts justifying Closed Session were stated and that session will be continued at the end of tonlght's Regular Meeting. PUBLIC HEARINGS: CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 91-3, ADDITIONAL PARKING LOT - GRACE CHURCH. 5100 CERRITOS AVENUE, CYPRESS: Mayor Bowman referred to the staff report dated December 13, 1995, which requested a continuance of this item. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the City Council meeting of January 8, 1996. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and E~owman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON- EXCLUSIVE TAXICAB FRANCHISE - RED TOP CAB CO.: Mayor Bowman opened the public hearing. The City Manager summarized the staff report dated December 5, 1995, which CITY COUNCIL MINUTES December 11, 1995 represented a request for an application from Ezra FiSk, Jr. of the Red TOp Cab Co., 9774 Katella Avenue, Suite J208, Anaheim, CA 92804 for a non-exclusive Taxicab Franchise in the CiL-y of cypress. The Affidavits Of PubliCation and Posting of the Public Hearing NOtiCe are on file in the Office of the City Clerk. In addition, pursuant to Section 26A-5 Of the Cypress City Code, the Yellow Cab Company of Northern Orange County and the A- AAA YellOW Cab, Inc., which are the other non-exclusive taxicab franchise holders operating in the City, have been forwarded a copy of the Red TOp Cab Co.'s application and a copy of the staff report. For the record, the city Manager read the communication from Yellow Cab Co., signed by the President, Larry Slagle, expressing opposition to the granting of the non-exclusive taxicab franchise. The Police Department has completed its investigation. FOllOwing the testimony taken at the Public Hearing, the City Council, pursuant to Section 26A.6 Of the Cypress City Code, may grant this non-exclusive Taxicab Franchise to the Red Cab Co., for a period of one year or may deny the application on the determination that the public convenience or necessity does not require the operation of any additional taxicabs in the City. Councilmember Carroll stated the applicant would only be working the race track and asked the City Attorney if a franchise could be that restrictive. The City Attorney replied that because the franchise is non-exclusive, the applicant can probably operate in one particular area of the City and not be designated. Responding to Mayor Bowman, the City Manager said that the City has two cab companies operating now. Under the provisions of the code, as many cab companies as the Council approves can operate in the City. Mr. Ezra Fisk, Jr., Red Top Cab Co., 9774 Katella Avenue, Suite J208, Ariahelm, stated that he is a one cab operation, he has a franchise in Los Alamltos and he Just works the race track. No one spoke in favor of the application. Mayor Bowman asked If anyone was opposed to the application. Mr. Jim Hlggins, General Manager of Yellow Cab, 1619 E. Lincoln Avenue, Anaheim, said Mr. Fisk iS honest in that he has no intention of servicing the city of Cypress, just the race track. Yellow Cab can't afford to have any less demand and the race track is a staging area. NO one else wished to speak. It was moved by Councilmember Jones and seconded by Councilmember Age tO deny -the application on the determination that the public convenience or necessity does not require the operation of any additional taxicabs In the City. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAR FRANCHISE - SOUTH COAST CAB CO.: The public hearing was opened by Mayor Bowman. The City Manager presented the staff report dated December 5, 1995, which represented a request for an application from Michael V. Reynolds Of the South Coast Cab Co., 10700 W. Katella Avenue, Suite #C, Anahelm, CA 92804, for a non-exclusive Taxicab Franchise in the City of Cypress. The Affidavits of Publication and Posting of the Public Hearing are on file in the Office of the City Clerk. One communication has been received from the Yellow Cab Co., which was read into the record previously, objecting to the granting of another non-exclusive franchise. Pursuant to Section 26A-5 Of the Cypress City Code, the Yellow Cab Company of Northern Orange County and the A-AAA Yellow Cab, Inc., which are the non-exclusive taxicab franchise holders operating in the City, have been forwarded a copy of the South Coast Cab company's application and a copy of this staff report. Also in accordance with Section 26A-4 Of the City Code, the Police DePartment has completed its investigation. Following the testimony taken at the Public Hearing, the City Council, pursuant to Section 26A.6 of the Cypress City code, may grant this non-exclusive Taxicab Franchise to the South COaSt Cab CO., for a period of one year or may deny the application on the determination that the public convenience or necessity does not require the operation of any additional taxicabs in the City. 6 CITY COUNCIL MINUTES December 11, 1995 Mr. Michael Reynolds, 525 Victoria Street, #65, Costa Mesa, CA 92627, representing South Coast Cab, said that they get calls from the Los Alamitos race track and had an open account with them for quite some time. They have 26 cabs In their fleet and have applied for permits for four of them to do business in Cypress. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. Mr. Jim Higglns, Vice President and General Manager, Yellow Cab Company, 1619 E. Lincoln Avenue, Cypress, commented that South Coast Cab has already started operating in Cypress and Yellow Cab has had experience with this organization. He didn't believe they could demonstrate how they would generate extra demand in service to support themselves. They foist themselves off as Yellow Cab Company and Yellow Cab gets the complaints. Mr. Savvas Rodiris, 714 Veneto, Irvine, CA, president of South coast Cab Co., said he has done business for many years, they give discounts for tourists, senior citizens and the disabled. Responding to Councilmember Kerry, Mr. ROdiriS answered that they do have a contract with the race track. They have contracts with hospitals, dental offices, universal care companies and hotels. Responding to Councilmember Kerry, the Police Chief advised that he had the recent documentation and it appeared that the discrepancies with the cabs had been corrected. Mr. Reynolds stated that their cabs do not sit at the property but they do guarantee their service to the race track. It was moved by Councilmember Age and seconded by Councilmember Jones to close the public hearing and deny the application because two cab companies were sufficient. Councilmember Kerry asked if the cab company was called in and not staged there, were they required to have a permit. The City Manager responded that, as he understood the law, they can be called and there was no obligation to have a franchise. The City Attorney advised that they could not solicit nor be parked, but the cabs could serve if called on an infrequent basis. The motion unanimously carried by the following roll call Vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: REQUIRED ONE YEAR REVIEW OF CONDITIONAL USF PERMIT NO. 94-21 - BINGO GAME OPERATIONS, CYPRESS HIGH SCHOOL ATHLETIC CLUB, 6165- 6177 BALL ROAD, CYPRESS: The Mayor opened the public hearing. Chris Kelly, the Community Development Director, presented the staff report dated November 30, 1995, which advised that Conditional Use Permit No. 94-21 was originally approved in November 1994. Because of the compatibility Issue of the use within the center, it was conditloned that It be approved for only one year. The Community Development and Police Departments have monitored the operation over the course of the year. Because the continued operation was based on a review of the one year trial period, Council would need to act on one of the renewal operations. Notices of the public hearing for the renewal of Conditional Use Permit No. 94-21 were mailed to all property owners within a 300 foot radius. To date, staff has not received written or oral comment. Mayor Bowman asked if anyone wished to speak in support of or In opposition to the application. Mr. LoUie Giampapa, representing the Cypress High SChOol Athletic Booster Club, P.O. Box 2004, Cypress, asked that Condition NO. 11 be eliminated. There have been no problems and they are in compliance with the conditional use permit. Mr. Gil Gurand, First Vice President of the Cypress High School Athletic Boosters, said he has talked to all the business operators In Cinnamon Square and there have been no complaints. He also asked that the one year provision be eliminated. CITY COUNCIL MINUTES December 11, 1995 It was moved by Councilmember Kerry and seconded by Councilmember Jones to close the public hearing and approve the continued operation of a Bingo Use, as approved under CUP No. 94-21, subject to the conditions of approval eliminating Condition NO. 11. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-22 - UNMANNED CELLULAR TELEPHONE FACILITY AT 5175 LINCOLN AVENUE: The public hearing Was opened by Mayor Bowman. The City Manager asked the CommunitY Development Director to summarize the staff report dated December 6, 1995, which represented a request to construct an unmanned cellular telephone facility, consisting of a 40 foot high antenna monopole With three antenna support arms, six antennas, six duplexer antennas and two ground mounted electronic equipment cabinets. The total height of the antennas and the monopole does not exceed 40 feet. The subject lease area Is located in the rear yard area of the property at 5175 Lincoln Avenue. The proposed public utility use meets all development codes and standards set forth in the Cypress Zoning Ordinance and is consistent with the provisions of the Lincoln Avenue Redevelopmerit Project Redevelopment Plan. In accordance with the California Environmental Quality Act (CEQA), an Initial Study and a Negative Declaration have been prepared for this project. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel. TO date, staff received one phone call from TOm JUStiCe, the owner of a property located on Watson Street In Cypress. He did not think the City should approve the proposed cellular facility on Lincoln Avenue because it would not represent an improvement to the Lincoln Avenue Redevelopment Project Area. He added that this project would be more appropriate in the ML Industrial Light Zone. The applicant also mailed out notices of a neighborhood briefing, regarding the proposed project to all listed owners of the residential properties within 300 feet of the subject parcel; however, no residents artended the meeting. Councilmember Kerry remarked, for the record, that she had information about concerns of GSM technology, which can become life-threatening, but too much money had been invested in Europe tO change technology now. The technology had been determined detrimental to hearing aid wearers. MS. Kori Nevarez, Assistant Planner, presented several exhibits relating to the siting issue for existing sites, what sites have been considered In the past and why certain sites weren't utilized. Mr. Rick BiShOp, representing Pacific Bell Mobile, 2955 Red Hill Avenue, Suite 100, Costa Mesa, mentioned that they have reviewed each of the 39 conditions and do concur with them. He commented that they have a very narrow area in which to site these facilities. They attempted to have an informal work session with the neighborhood at which no one appeared and they provided a briefing to the City Council at a workshop. Responding to Councilmember Kerry, Mr. Bishop replied that there is an increasing market demand for these kinds of technology but as a condition of their license from the FCC tO provide a certain percentage of users with this technology over a period of time. It Is a wireless technology. There was some discussion on the effects to hearing aids and hearing aid wearers. Mr. Bishop reported that the industry is adamant that there are no III effects from the antenna to be considered, but the handsets are Said tO be the problem. Councilmember Age expressed her concern with aesthetics, it is too close to a residential area and she preferred the monopole be erected In a light industrial area. Mr. Stewart Shutt, also representing Pacific Bell MObile services, 2955 Red Hill Avenue, costa Mesa, advised that the hearing problem Is with the susceptibility of the hearing aid itself to radio frequency transmissions. The more modern hearing aids do not suffer with the interference problems. He answered additional questions and further explained the technology of the way a radio signal is prevented from interfering with the amplification process of hearing aids. 8 CIT~ COUNCIL MINUTES December 11, 1995 Mr. Bob Eckes, Owner of the property at 5171-5185 Lincoln Avenue, Cypress, explained how his property was chosen as the site for the facility. He said that the pole couldn't be seen from the street and questioned whether the landscaping would be necessary. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. Mr. John Kern, representing the California Communications Council, 4275 Executive Square, La Jolla, said that there is interference with hearing aids with this technology. He referred to the filing with the Public Utilities Commission. He also referred to and read from an article from the Daily Oklahoman. He expressed the opinion that the Council is being asked to approve a siting for a technology that interferes with hearing aids. He asked that the request be denied until testimony Is received from an independent agency that says there is no interference with hearing aids and that they assume all liability for problems with the technology. Mr. Kern then answered questions from the Councilmembers. Mr. BishOp said they were in attendance to discuss land use issues. They are very interested in making sure this kind of system has applicability, it Is a competitive market and there are analogue and digital users. Mr. Schutt responded to Councilmember Kerry's concern about future cable capabilities of these wireless systems advising that he has never seen an appiication where video could be transmitted over one of their phones. That band requires video transmissions which are far above what is available on their phones. The RF Manager for Pacific Bell, Costa Mesa, clarified that the effect on hearing aids comes from the mobile phone, not from the proposed tower. Mayor Bowman asked the City Attorney if existing towers could be retrofitted to use the same technology. Once the conditional use permit is approved, would that request have to come before the Council. The Ci~'y Attorney replied that on a preliminary review of the pleading papers, the answer would be yes because it is an entirely different technology and he would need time to research. Councilmember Carroll asked if another condition could be imposed that any future video transmission use would require review by the Council. The City Attorney advised that If the council wished to proceed in making a decision on this issue, a condition would be appropriate. Councilmember Jones concurred. Mr. Rick Bishop said that the condition would be acceptable to them. Councilmember Kerry felt that the word "cellular" In the conditions need to be changed to more carefully identify the technology because It appears to be more than cellular, The City Attorney agreed and suggested that the item be approved subject to the insertion of the accurate terminology. Mr. RiCk BIShop agreed to the change in terminology and would ask that it be referred to as an PCS facili~-Y which would accommodate the differentiation In the use technology. Councilmember Age stated that she would vote to deny this Item because she did not like its proposed location in a residential area. Councilmember Kerry questioned the length of the lease for five years and asked that this permit be brought back before council at the end of the lease. Mayor Bowman asked the applicants if they would agree to a five year term and they said they would. It was moved by Councilmember Jones and seconded by Councilmember Carroll to close the public hearing, approve the Negative Declaration, direct staff to file a Notice of Determination and adopt the Resolution by title only, title as followS, approving Conditional Use Permit NO. 95-22, Subject to conditions. Councilmember Jones asked if the landscaping could be corrected, Councilmember Carroll asked that staff review it and the condition was made subject to Design Review. AlSO included in the motion was a condition of video transmission, the insertion of more accurate terminology to describe the technology and limit the conditional use permit to five years. 9 CITY COUNCIL MINUTES December 11, 1995 RESOLUTION NO. 4576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-22 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman NOES: I COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-23 - IRONHORSE BAR AND GRILL, 5591 LINCOLN AVENUE, CYPRESS: Mayor Bowman declared the public hearing open. The Community Development Director summarized the staff report dated November 29, 1995, which represented a request to re-establish the onslte sale of general alcohol at the Ironhorse Bar and Grill located at 5591 Lincoln Avenue. This location began operating as a restaurant with the sale of beer and wine in 1972. In 1986, the City Council approved the sale of general alcohol In conjunction with a full service restaurant and cocktail lounge. Subsequently, the City Council approved Amendment to Conditional Use Permit NO. 84-8 for a cocktail lounge use operated under the name of the Ironhorse Bar and Grill. Due to staff's concern regarding the compatibility of this use with the adjacent motel use, the City Council approved this request for a period of one year in order to provide staff with sufficient time to determine the compatibility of the two uses. In order to address the aesthetics of the property, staff ls including conditions of approval requiring the construction of a concrete block trash enclosure and perimeter landscaping to be completed within four months of the approval date of this request. Notices of the public hearing were posted, published and mailed to all property owners within a 300 foot radius of the subject property. To date, staff has not received any commenLs on this proposal. Mr. Richard Zarate, 1714 E. Willow Street, Anahelm, volunteered to answer questions from the Councilmembers. He said that in the future he wanted to establish a restaurant. NO one wished to speak in support of or in opposition to the application. Responding to Councilmember Carroll, the Police Chief replied that there has been a dramatic decrease In the number of calls for service during the period July 1994 through July 1995. He felt the reason for the reduction in calls was the removal of a public telephone located In front of the facility. Councilmember Kerry requested that a condition be added prohibiting an outdoor telephone on the premises. It was moved by Councilmember Age and seconded by Councilmember to close the public hearing, direct staff to file the Notice of Exemption and adopt the Resolution by title only, title as follows, approving conditional Use Permit No. 95-23, subject to conditions, including the condition prohibiting the outdoor telephone. RESOLUTION NO. 4577 A RESOLUTION OF THE CITY COUNCIL OF THE CIT~ OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-23 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 95-13 - SIGNAGE FOR DIAMOND SPORTS BUILDING, 11130 WARLAND DRIVE, CYPRESS: Mayor Bowman opened the public hearing. The Community Development Director reported that some new information had just been received today and she summarized the letters request. There were two variance requests before the Council; one for signage on the side of the building, which they are requesting be continued until January 8, 1996 so they can work with staff to modify the sign. Second, that the monument sign will have the same design but a 10 CITY COUNCIL MINUTES December 11, 1995 reduction In the size to require only an administrative adjustment for the extra five inches. The City Councll's action would be to approve the Design Review. Mayor Bowman clarified that two separate motions were needed: one to contlnue the public hearing on the wall sign and second to approve the DRC for the monument sign. It was moved by Councilmember Jones and seconded by Councilmember Kerry to continue the public hearing on the variance from the terms of the Zoning Ordinance to allow the installation of a wall sign to the Council meeting of January 8, 1996. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, approvlng Design Review Committee NO. 95- 55, with conditions. RESOLUTION NO. 4578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO, 95-55 WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:50 and reconvened at 10:00 p.m., with all Councilmembers present. CONTINUATION OF CONSIDERATION OF ADOPTION OF RESOLUTION REGARDING THE APPROVAL OF THE TRANSFER OF THE CATV FRANCHISE FROM PROVIDENCE JOURNAL COMPANY, A PARENT COMPANY OF COPLEY COLONY CABLEVISION, TO CONTINENTAL CABLEVISION, INC.: The City Manager referred to the staff report dated December 6, 1995 and suggested that the item be continued to the January 8, 1996 Council meeting. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to January 8, 1996. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The Mayor commented that the City and Continental Cable are still in negotiations which is the reason for the continuance. CONTINUATION OF CONSIDERATION OF INSTALLATION OF STOP SIGNS ON LARWIN AVENUE AT ELIZABETH COURT: The City Manager asked the Public Works Director to summarize the staff report dated November 30, 1995, which indicated that this item had been discussed by the Council at its November 27, 1995 meeting and they had requested additional information to be returned to Council for further consideration. The Council had approved the Implementation of the Traffic Commisslon's other recommendations and asked for information on: school bus stops, location of swimming pools, playgrounds and all existing stop signs within the Tanglewood area and the possibility of upgrading street lighting at the intersection of Larwln Avenue and Elizabeth Court. Councilmember Jones expressed concern about placing a StOP sign so close to BlOomfield which might cause a false sense of security to pedestrians and motorists might tend to run the stop sign. Mr. James Hagenbach, 4021 Larwln Avenue, Cypress, said he brought a detailed AT&T map. He felt that the small cost of two stop signs to regulate the intersection would be well worthwhile. They hoped to eliminate any tragic accidents. 11 CITY COUNCIL MINUTES December 11, 1995 Councilmember Age s~ated that she believed that It was a safety issue and she would like to see the two stop signs installed. Councilmember Jones expressed her concern about not meeting the State warrants but wanted to insure that the citizens were protected. However, she lives on a street that has an improperly placed stop sign, which causes concern because the motorists don't stop and it could create a bigger problem. Councilmember Carroll commented that, at the last meeting, several steps were taken by the Council to ameliorate the concern. The Traffic Commission and staff have said these are not the devices to use and he would like to review the situation in six months. councilmember Kerry asked the City Attorney about the legal implications of installing the stop signs. The City Attorney responded that State law enables the City Council to install traffic devices for the sole purpose of traffic flow and the Council would make the determination on the necessity for the device at this intersection. However, a City does subject itself to some problem If It creates a dangerous condition. The City is not exposed to liability for failure to install a stop sign, but they may be exposed to liability by putting a stop sign in if it creates a dangerous condition. Mayor Bowman remarked that the request is community driven, it Is a safety issue and he would vote to install stop signs. It was moved by Councilmember Kerry and seconded by Councilmember Age tO install stop signs at Larwin Avenue and Elizabeth Court Intersection and bring back for Council review in six months. Responding to Councilmember Carroll, Mr. Hagenbach stated that the request was not from the Homeowners' Association but they dld sign the petition. Councilmember Carroll said he would llke the Homeowners' Association to make the request. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Jones, Kerry and Bowman I COUNCILMEMBERS: Carroll 0 COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 95-43 - TWO-STORY OFFICF BUILDING, 6261 KATELLA AVENUE, CYPRESS: The City Manager asked the Community Development Director to review the staff report dated November 29, 1995, which represented a request by Warland Investments to construct a two-story office building on the property located at 6261 Katella Avenue. She clarified the two conditions had been faxed to the Council on December 8, 1995. Condition No. I replaced Condition No. 5 and Condition NO. 54 became Condition NO. 51. The date of November 30, 1995 should be inserted into the ReSOlUtiOn. The proposed project met all development codes and standards set forth in the PC-4 Planned Community Business Park Zone and the Warland/Cypress Business Center Specific Plan. The proposed project is also consistent with the goals and policies as set forth In the Cypress General Plan. In accordance with the requirements of the California Environmental Quality ACt, an Initial Study and Mitigated Negative Declaration have been prepared for this project. Councilmember Carroll asked why this project was not subject to public comment and the Community Development Director said there have been several layers of review and two tracks of review pertaining to zoning and land use entltlements and to CEQA. Mr. John Law, Co-managing Director of Warland Investments Company, 1299 Ocean Avenue, Suite 300, Santa Monica, stated they are very proud of the project which befits the high image use of the Katella Avenue corridor. The landscaping plan for the project is double the code requirement and Interest had been shown from two potential tenants. He introduced the Warland team who will manage the project. Responding to councilmember Age, Mr. Law explained the philosophy behind building on a speculative basis. Councilmember Jones remarked that recently she had voted against a spec warehouse project because of truck traffic and she didn't feel that was an issue in this project. Mr. Del de Revere of deRevere and Associates, architects for the project, said that the building is pre-cast concrete with a blue reflective glass with extensive landscaping. Responding to Councilmember Carroll, Mr. Law replied that they have agreed to all the conditions and he thanked the City staff. It was moved by Councilmember Jones and 12 CITY COUNCIL MINUTES December 11, 1995 seconded by Councilmember Kerry to approve the Negative Declaration and direct staff to file a NotiCe of Determination, and adopt the Resolution by title only, title as follows, approvlng Design Review Committee NO. 95-43, subject to conditions. RESOLUTION NO. 4579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-43 - WITH CONDITIONS. The motion unanimously carried by the following roll call Vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RESOLUTION REGARDING POSTING OF POLITICAL SIGNS: The City Manager reported that there had been discussion on this Resolution with the request that it be placed on the Agenda. Councilmember Age said she had requested this item be placed on the Agenda for discussion of the resolution which very clearly states where political signs can be posted. She expressed her concern with the lack of enforcement with this resolution and asked the City Attorney to research enforcement possibilities. councilmember Carroll said that if the political sign resolution was going to be modified, something should be done about the sign vigilantes. The City Attorney advised that there are parameters that need to be considered with respect to the enforcement of violations of the political sign ordinance, which is a first amendment issue and asked for the opportunity to conduct research and return to the Council. He highly recommended that the adopted political sign document be an ordinance so it is Codlfied. Councilmember Jones wanted to know how the other cities in Orange County addressed this issue, including enforcement and fee structure for penalties. councilmember Age asked the City Attorney to define a "political sign." Councilmember Kerry commented about the public right-of-way, utility poles, fines for removal and to stop recurrence. The City Attorney remarked that there are special rules that apply solely to political signs and that is what will be considered. The other sign Ordinances are separate issues. Mr. Tim Keenan, 4157 Devon Circle, Cypress, a candidate In the last election, agreed that expendlng the City's resources on this issue at this time looks like political vindictiveness and a waste of the City's resources. Addressing the issue of removal of signs is almost just as important. Councilmember Carroll voiced the opinion that he did not want to spend a lot of City money on this item. Councilmember Jones agreed that the political sign resolution should be enforced but she had a problem with spending money and resources researching this issue. Councilmember Carroll wondered how the political sign ordinance could be enforced. Mr. Don Wesling, 11431 Anegada Street, Cypress, concurred with Mr. Keenan's comments and anybody running for an office in the City of Cypress should be able to post signs any place they see fit. councilmember Jones also asked the city Attorney to check with other cities to determine how they enforce, their success in enforcement and the fees collected. It was moved by Councilmember Kerry to look into other ordinances In other citles as to what kind of control, the success of the enforcement procedures In place and return to council at the January 22, 1996 Council meeting with that Information to determine what type of ordinance can be utilized in the City of Cypress. Councilmember Carroll asked that the motion be amended to include the expenditures of a total of $300 on the research and Councilmember Jones seconded the amended motion. The motion failed with the following roll call vote: 13 CITY COUNCIL MINUTES December 11, 1995 AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Carroll and Jones 3 COUNCILMEMBERS: Age, Kerry and Bowman 0 COUNCILMEMBERS: None Councilmember Kerry amended her motion to Include a higher dollar figure. The City Attorney couldn't quote a figure on how much time or money it would take to review and he stated that if the Council had a problem with the bill, he should be notified. Councilmember Kerry repeated her original motion, Councilmember Age seconded that motion, which carried with the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Kerry and Bowman 2 COUNCILMEMBERS: Carroll and Jones 0 COUNCILMEMBERS: None CONSIDERATION OF A PARKING STUDY ANALYSIS FOR THE LOS ALAMITOS RACE TRACK PROPERTY: The City Manager called upon the Public Works Director to present the staff report dated December 4, 1995, which advised that the race track property is currently being implemented under an approved Specific Plan and corresponding Development Agreement, with the City of Cypress. BOth the SpeCific Ran and the Development Agreement stipulate that Planning Area 8 of the Specific Plan maintain a minimum of 6,500 parking spaces for the race track operations. If either the City or the property owner desire to change this minimum amount, a parking study will need to be performed to determine the new amount of parking spaces that will be required under the Development Agreement. Due to recent proposals to develop to sell land within Planning Area 8, the properb/owner has approached the City seeking an adjustment in the parking space requirement. Attached to the staff report was a copy of a parking study completed by Kimley-Horn Associates, Inc., that recommended that the current 6,500 space requirement be reduced to 4,600 customer spaces plus 350 additional spaces for employees, groomers, trainers and owners. Mr. Brad MCKinZie, representing Los Alamitos Race Course, said that the reasons for the original parking allotment have changed drastically over the years based on the average attendance figures and usage. He asked that the 20% contingency factor be eliminated, and he would like to see 3,680 parking spaces for customers and 350 spaces for employees and asked to return to the Council with their plan which will include 1,000 spaces of reciprocal parking. The Public Works Director asked If Mr. McKinzie's proposal would be 3,680 plus the 1,000 spaces because the consultant's proposal was 4,600 spaces, 1,000 of which could be reciprocal. It was moved by Councilmember Jones and seconded by Councilmember Age to receive and file the staff report with the understanding that the following findings of the parking analysis for the Los Alamitos Race Track are being adopted: A parking supply of 4,600 spaces for Race Course customers be maintained for peak Race Course operations. In addition, 350 spaces be maintained for employees, groomers, trainers and owners. Sufficient space shall be provided to accommodate the storage of horse trailers and associated trucks. That a revised Race Course Parking Plan be required as a condition of approval of this study. The revised parking plan should depict the location of the required parking supply for the following: - 4,600 customer parking spaces; - 350 non-customer parking spaces; o Truck and horse trailer parking. The revised parking plan should be to scale, with parking quantities for each parking aisle shown, to demonstrate that the reclulred parking can be provided. Standard parking stalls should be 9 feet by 20 feet. With City approval, up to 30 percent of the parking supply may be compact parking, with Stall size 8.5 feet bV 15 feet. The revised parking plan should indicate those spaces that are available on a shared or reciprocal basis. 14 CITY COUNCIL MINUTES December 11, 1995 That shared or reciprocal parking arrangements be allowed for no more than 1,000 spaces. Parking agreements should indicate that such spaces will be available by the Race Course at specified times and events. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNITY SAFETY ADVISORY COMMITTEE - CYPRESS "A.W.A.R.E." PROGRAM: The City Manager said that this report should have been on the next Agenda and a motion to receive and file Is needed at this time. This item will be on the January 8, 1996 agenda. It was moved by Councilmember Kerry and seconded by Councilmember Jones to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF REVIEW OF RESULTS OF ADVISORY MEASURES VOTED AT THE NOVEMBER 7, 1995 SPECIAL MUNICIPAL ELECTION: The CIty Manager commented that the City Council had previously requested that a review be made of the voting results of the advisory measures for discussion. Mayor Bowman suggested that the City Manager be directed to consider the results during the budget process. Councilmember Age expressed concern about the flood control issue because it was an overwhelming victory and Council had talked about the possibility of putting that to a vote of the people as a bond issue In November. councilmember Jones said that there are a couple of other issues that might be considered along with the flood control Issue. Councilmember Carroll suggested plans of action of things to do to alleviate flooding problems. The City Manager explained that the first step was to obtain the bonds and then seek the grants. He suggested that at a budget workshop, staff present Council with some preliminary figures and procedural steps on the flood control issue. It was moved by councilmember Kerry and seconded by Councilmember Age tO direct staff to look at flood control issue to determine the funding and procedures needed. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Councilmember Jones said that the Council also needed to discuss at the budget meeting some of the other advisory measures that passed because asking for more than a $3.5 million bond may allow the City to proceed with the other measures that were passed. Councilmember Kerry agreed and suggested that the rest of the items passed with 50% or greater also be discussed at the budget workshop. CONSIDERATION OF CITY COUNCIL APPOINTMENTS: Mayor Bowman referred to the staff report dated December 5, 1995 and he said that If no one had any objection, Councilmembers may desire to retain their current appointments to the various organizations, except In the case of the Orange County Sanitation District and the Orange County Division of the League of California Cities, where the bylaws require the Mayor to be the City's delegate. After discussion, the following appointments were made. 15 123 CITY COUNCIL MINUTES December 11, 1995 Orange County Sanitation District (Meets 2nd Wednesday of the MOnth) Mayor - Representative Gall H. Kerry - Alternate League of california Cities Orange County DIvision (Meets 2nd Thursday of the MOnth) Mayor - Representative Gall H. Kerry - Alternate Santa Ana River Flood Protection Agency Mary Ann Jones Gall H. Kerry - Alternate Southern california Association of Governments Gall H. Kerry - Representative Tom Carroll - Alternate City/Cypress School District Joint Steering Committee Gall H. Kerry Cecilia L. Age Councilmember Kerry suggested that the following appointment be for four years and hearing no objection, Mayor Bowman so ordered. Orange County vector Control DiStriCt (Meets 3rd Thursday of the Month) Lincoln Castro (term expires 12/31/95, may be appointed for a four year term) Growth Management Area No. 2 Mary Ann Jones - Representative Joint Ventures Committee w/Cities of La Palma, LOS Alamitos, Seal Beach Cecilia L. Age Gall H. Kerry Orange County Fire Authority Tom Carroll - Representative Mary Ann Jones - Alternate League of California Cities Legislative Delegate Program Waiter K. Bowman - Representative Gall H. Kerry - Alternate OCTA - Corridor Elected Officials Committee Tom Carroll It Was moved by Councilmember Kerry and seconded by Councilmember Jones to confirm the appointments to the various aforementioned organlzatlons. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AN APPOINTMENT OF CITY CLERK: The City Manager advised that this was an issue that he has been concerned with over the years. HiS retirement had prompted him to make this recommendation and asked that this appointment be accomplished prior to the recruitment process for the City Managers replacement. He felt that it was appropriate that Millan Halna be appointed to the position of Executive Coordinator/City Clerk. Additionally, new specifications will also be prepared to establish the position of Recording Secretary/Deputy City clerk for the purpose of assisting the City Clerk. The City Manager explained that there were two lines of authority and control reporting to the City Manager and the City council. Councilmember Kerry commented that the people who have been doing the work of the Clerk's POSitiOn are now being given the titles that go with It. It was moved by Counciimember Kerry and seconded by Councilmember Jones to approve the appointment of Lillian Haina to perform the duties of the City Clerk, effective December 11, 1995. The motion unanimously carried by the following roll call vote: 16 124 CITY COUNCIL MINUTES December 11, 1995 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry andBowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Due to the lateness of the hour, it was moved by Councilmember Kerry and seconded by Councilmember Jones to continue the City Council meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF AN ORDINANCE TO INCREASE CITY COUNCIL COMPENSATION: The City Manager referred to the staff report dated December 6, 1995, which indicated that the City Council has not approved an increase in compensation since January 14, 1991. By law the City Council is restricted to increases basedon the Government Code Section 36516 et seq., which authorizes an annual 5% cost of living adjustment. However, the City Council declined to increase salaries in January 1992, January 1993, January 1994 and January 1995. The proposed increase is 5% for 1996; therefore, this proposal will increase the current salary of $463 per month to S486 (+ $23) per month, effective February 8, 1996. The City Attorney explained that the Government Code dictates that the Council can only increase their salary at the rate of 5% each 12 month period, but the increases cannot be made retroactively. It was moved by Councilmember Carroll and seconded by Councilmember Jones to approve the first reading of the Ordinance by title only, title as follows, increasing City Council monthly salary to $486.00, effective February 8, 1996. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2- 3.3(b) OF THE CODE OF THE CITY OF CYPRESS ADJUSTING COUNCIL COMPENSATION BY 5% AS AUTHORIZED BY STATE LAW. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 18336 - 18639: It was moved by Councilmember Age and seconded by Councilmember Jones to approve the Warrant LiStS for WarrantS NO. 18336 through 18639 in the amount of $615,464.55. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 11:40 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:48 p.m. With all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke. WRITTEN COMMUNICATIONS: The City Manager brought the possibility of Council conducting a budget workshop during the month of January. It was agreed to schedule the workshop for Tuesday, January 16, t996 at 6 p.m. in the Administrative Conference ROOm. COuncilmember Kerry asked about the inquiry regarding a bus stop at Valley View and Orange Avenue being sent to the Traffic Commission and have them reviewed for potential traffic problems. She also asked that an item be placed on a future Council agenda regarding Council direction to the Youth Commission regarding underage youth gaining easy access to dgaret~es. Councilmember Jones complimented the Recreation and Park Director for the fine job done on the Holiday Community Sing. 17 CITY COUNCIL MINUTES December 11, 1995 CLOSED SESSION: MaVor Bowman recessed the meeting at 11:50 p.m. to enable the Council to enter into Closed Session. The meeting reconvened at 12:00 midnight with all Councilmembers present. ADJOURNMENT: Mayor Bowman adjourned the meeting at 12 midnight. MAYOR OF THE ~ OF CYPRESS ATTEST: ~HE{HECI~ESS 18