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Minutes 96-09-23 ::;; : - / / 356 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD september 23,1996 The Regular Meeting of the cypress City Council was called to order at 5:30 p.m., Monday, september 23, 1996 in the Council Chamber, 5275 orange Avenue, cypress, Mayor Walter K. Bowman presiding. PRESENT: ABSENT: Councilmembers Age, Carroll, Jones, Kerry and Bowman None Also present were City Manager Mark J. Ochenduszko, City Attorney John cavanaugh and Administrative Services Director Gary Bacock. CLOSED SESSION: Mayor Bowman immediately recessed the meeting to enable the Council to enter into a Closed Session to discuss those agendized matters of PUblic Employee Discipline (Government Code Section 54957) and Conference with Legal Counsel - Anticipated Litigation (Government Code Section S4956.9l. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, KellY, storey and Wicker. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge as led by Councilmember Carroll. PRESENTATIONS: Mayor Bowman read and presented a "Fire Prevention Week" Proclamation to Battalion Chief Mike Rohde of the orange county Fire Authority. community Service Plaques were presented to outgoing Recreation & community Services Commissioners Leo Friedland and Brian Sunley by Mayor Bowman. The City Manager recapped the City Council workshOP meeting held on September 16, 1996 with the Wicker Drive Land Use Advisory Committee making their presentation. Council received and filed the report and directed staff to study several parts of the report, then return to Council with further information. The City Attorney reviewed discussions held during Closed Session on PUblic Employee Discipline and Conference with Legal counsel, Anticipated Litigation. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE A BRUSH CHIPPER. REQUEST FOR QUOTATION NO. 9697-3: The staff report was presented by the Public Works Director advising that the 1996-97 budget included funding to replace a 17 year old brush chipper utilized by the City's tree trimming crews. Bids have been solicited for this replacement equipment and staff is recommending award to the low bidder. It was moved by Council member Age and seconded by Councilmember Carroll to award a contract to purchase a Bandit model 200XP brush chipper per the specifications outlined in Request for Quotation No. 9697-3 to Direct Edge, Inc., 1480 Arrow Highway, La verne, California 91750, in the amount of $17,699.97. AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF CONFIRMATION OF THE TERMINATION OF THE CITY'S CURRENT CITY CONTRACT FOR CUSTODIAL SERVICES. AND AWARD OF THE CONTRACT TO THE NEXT QUALIFIED BIDDER: The PUblic Works Director presented the staff report which indicated that the current custodial contractor was notified that their contract was being terminated at the end of thirty days if their poor performance did not change. Their performance has not improved and staff is recommending that the contract be formally terminated and a new contract awarded to the next qualified bidder, sterling Building Services. 1 , '/'_0: "'"' 357 CITY COUNCIL MINUTES september 23,1996 Councilmember Kerry asked if there would be any reason Council could not make the decision to engage the original maintenance contractor, Advance Building Maintenance. The Public Works Director advised that would be possible, because the City is not obligated to bid a maintenance contract and could negotiate with that firm. It was moved by Councilmember Kerry and seconded by Councilmember Jones to: 1. Confirm the 30-day notice Issued to orange county Janitorial Company dba Premier Building Services terminating their City of cypress Custodial Contract effective september 30,1996. 2. Award a new two year contract, effective October 1, 1996, to Advanced Building Maintenance, 10830 E. Whittier Blvd., Whittier, CA 90606. Councilmember Carroll asked for parameters and the Public Works Director advised that the City would use Advanced BUilding's maintenance services If they held to their original bid price. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PLAN REVIEW AND SUPPLEMENTARY INSPECTION SERVICES: The community Development Director asked the Building Official to review the staff report advising that, at the meeting of April 8, 1996, Council had reqUested that bids for plan review service be obtained prior to the execution of future contracts. Staff mailed out Request for Proposal to six plan review firms. All six firms responded and staff recommended the consultants listed be hired by contract to provide plan review and supplementary Inspection services for the City of cypress. The top two consultants were chosen based on the combined score of their evaluations and bid response. It was moved by Councilmember Age and seconded by Councilmember Kerry to award the contract for plan review and supplementary inspection services to: 1. Willdan Associates, 12900 Crossroads Parkway south, Suite 200, Industry, CA 91746- 3499 and 2. Melad & Associates, 8907 warner Avenue, Suite 161, Huntington Beach, CA 92647. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES: The staff report was summarized by the Public Works Director who advised that the City currently has a contract with Peek TraffiC/Signal Maintenance Inc. (PT/SMIl for the City's traffic signal maintenance which expires this month. ReqUests for proposals were sought and mailed to three companies who provide traffic signal maintenance services in this area. Two companies responded to the request. Staff has reviewed the requests to compare the costs for ordinary and extraordinary maintenance and determine if they have the qualifications to maintain the City's traffic signals and traffic signal interconnect systems. The Superior Signal Service (SSS) proposal noted the certifications held by their technicians but provided no information in regard to their familiarity, background or ability to maintain the City's traffic signal interconnect systems as PT/SMI had done. It was moved by Council member Carroll and seconded by Council member Jones to approve an award of contract for traffic signal maintenance services to peek TraffiC/Signal Maintenance Inc., 2283 Via Burton st., Anaheim, California 92806, for a three year period beginning september 24, 1996. The motion unanimously carried by the fOllowing rOil call vote: 2 358 CITY COUNCIL MINUTES september 23,1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Carroll asked that Item N0. 18, Resolutions Requesting the orange County Transportation Authority and the Board of supervisors to Include Various Intersection, signal and Transportation Demand Management projects Within the orange County Combined Transportation Funding Program, be removed. It was moved by Council member Age and seconded by Council member Jones to approve the Consent Calendar Items NO.5 through 20, with the exception of Item No. 18. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.5: Motion to APprove City Council Minutes of September 9, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of september 9,1996, as submitted. Item NO.6: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title only and to Waive Further Reading. Item NO.7: Consideration of proclaiming October 1996, as "Escrow Month." Recommendation: That the Mayor and City Council officially proclaim October 1996, as "Escrow Month" in the City of cypress. Item NO.8: Consideration of proclaiming October 6-12,1996, as "Fire Prevention Week." Recommendation: That the Mayor and City Council officially proclaim October 6-12, 1996, as "Fire Prevention Week" in the City of cypress. Item NO.9: Consideration of proclaiming October 7-11,1996, as "California Rideshare Week." Recommendation: That the Mayor and City Council officially proclaim October 7-11, 1996, as "California Rideshare Week" in the City of Cypress. Item No. 10: Consideration of proclaiming October 26, 1996, as "Make a Difference Day" in the City of cypress. Recommendation: That the Mayor and City Council officially proclaim October 26, 1996, as "Make a Difference Day" in the City of Cypress. Item NO. 11: Continuation of Consideration of Lincoln Avenue specific Plan Advisory Committee's Implementation Recommendations. Recommendation: That the City Council continue this matter to the meeting of October 28, 1996. Item NO. 12: Consideration of Employment Lists for the Positions of Maintenance specialist, streets, and secretary. Recommendation: Receive and file. Item No. 13: Consideration of Proclaiming October 1996, as "Arts and Humanities Month." 3 /. . 1'/ 359 CITY COUNCIL MINUTES september 23,1996 Recommendation: That the Mayor and City Council officially proclaim October 1996, as "Arts and Humanities Month" in the City of cypress. Item No. 14: Consideration of a Monthly Investment Program for the Month of August 1996. Recommendation: Receive and file. Item NO. 15: Consideration of Acceptance of the pavement Rehabilitation of valley View street, PUblic Works project No. 9306. Recommendation: That the City CounCil: 1. Accept the project for the pavement rehabilitation of Valley View street, Public Works project No. 9306, as being satisfactorily completed in substantial conformance with the project specifications; 2. Approve the final retention payment to Hillcrest contracting, Inc., P.O. Box 1898, corona, California 91718-1898, 35 days from the Notice of Completion is filed, if no claims or objections have been filed and upon Director of Public Works' concurrence; and 3. Authorize the City Clerk to release the Labor and Materials Bond, upon expiration of the required lien periOd, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon concurrence of the Director of PUblic Works. Item No. 16: Consideration of Approval of the specifications and Authorization to Advertise the Project for Bid for the 1996-97 Resurfacing of Residential streets, Phase I, Public Works Project No. 9629. Recommendation: That the City Council approve the specifications and authorize staff to advertise the project for bid for the 1996-97 Resurfacing of Residential streets, Phase I, Public Works Project No. 9629. Item No. 17: Consideration of Design Review Committee's Approval of DRC #96-26. Recommendation: That the City Council adopt the Resolution by title only, title as fOllOWs, approving Design Review Committee Permit No. 96-26 - with conditions. RESOLUTION NO. 4698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-26 - WITH CONDITIONS. Item No. 19: Consideration of Appointments to the 1996-97 Youth Commission. Recommendation: That the City Council ratify the following recommended appoints for the 1996-97 Youth Commission: Karen pan - senior, sunny HillS High School stephen Mealey - Junior, Cypress High School Sonia Malhotra - Junior, cypress High School Kelly Cane - senior, St. Joseph's High SchOOl Malmi Karunaratne - Sophomore, Cypress High School Reema Shah - sophomore, Cypress High School Ivan Gulmesoff - Junior, cypress High School Task Force Members: Jayson Cote - cypress High School Jennifer Hung - cypress High School cathy Marcum - cypress High School Eric Munesato - cypress High School Taka Masuda - cypress High School stephanie Wardle - Cypress High School 4 [! 1- _.I ~ 360 CITY COUNCIL MINUTES September 23,1996 Item No. 20: Consideration of Landis & Gyr City Facility Energy savings Report for Period of March 1996 to June 1996. Recommendation: Receive and file. Regarding Item No. 18, Consideration of Resolutions Requesting the orange County Transportation Authority and the Board of supervisors to Include Various Intersection, Signal and Transportation Demand Management Projects Within the orange County Combined Transportation FUnding program, Council member Carroll asked if the purchase of a seven passenger van for carpooling would be practical and the van used effectively. The Public Works Director responded that the request came from some of the Maintenance employees that have moved to the Riverside area. They currently carpool in two or three vehicles and asked the rideshare coordinator if there were monies available for a van pool program. vanpools, carpools and carpool parking lots are all funded out of Measure M monies, specifically the Combined Transportation Funding Program. It was moved by Councilmember Carroll and seconded by Councilmember Age to approve the submittal of the proposed applications and adopt the Resolutions, by title only, titles as fOllOW, demonstrating support for these projects. RESOLUTION NO. 4699 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF KATELLA AVENUENALLEY VIEW STREET INTERSECTION IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF MOODY STREET TRAFFIC SIGNAL INTERCONNECT SIGNAL IMPROVEMENT AND GROWTH MANAGEMENT AREA PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF VAN POOL PROGRAM PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE SUBMITTAL OF TRAFFIC SIGNAL HARDWARE UPGRADE SIGNAL IMPROVEMENT AND GROWTH MANAGEMENT AREA PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, CarrOll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None END OF CONSENT CALENDAR Mayor Bowman, noting the hour, brought forward the item under Deferred Business for Council consideration. DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF A DAYTIME CURFEWITRUANCY ORDINANCE: The City Manager asked the Police Chief to summarize the staff report which advised that a Daytime CurfewlTruancy Ordinance was brought before the City Council for consideration at the meeting of August 16,1996. At this meeting Council directed that the matter be continued to the meeting of september 23,1996 to provide staff time to 5 -/b 361 CITY COUNCIL MINUTES September 23,1996 respond to concerns expressed and Questions raised. While staff has begun its research, it has not been completed and will likely take some time. Responding to Council member Age's inquiry, the City Attorney said that the first two sections of the ordinance essentiallY recite what state law required with respect to truancy. After that, he had serious questions as to the provisions on enforcement and the operation. After additional questions and answers on research, purpose of nighttime curfew ordinance, number of students, percent of truancy in cypress Schools and number of juvenile arrests, Councilmember Jones recommended that this item be permanently tabled until there is a need to bring it back before the Council. Council member Carroll said that he would second that motion, provided his reasons, and quoted from an article regarding the City of Monrovia's program. He also quoted from an article in the Orange County Register authored by the City Attorney. The following individuals spoke in opposition to the proposed ordinance on duplication of rules, carrying papers, habitual truants, penalizing parents, fees, truancy law and new law and parental rights. MS. Kathy Simcox, 6143 Trinidad Avenue, cypress Ms. Kathy LaRose, 5101 Olga Avenue, Cypress Ms. Linda Cabrera, 8402 Carob Street, cypress Ms. Cathy Duffy, 16172 Huxley Circle, westminster Mr. Richard Tucker, 5647 Sprague Avenue, cypress Mr. L.E. Terrell, 1307 N. Jasmine Place, Anaheim Mr. Joseph M. Brown, 220 Martha Place, Fullerton Mr. Ed Crossett, 5677 Nelson Street, Cypress Ms. Lisa Burkhart, 5646 st. Ann, Cypress MS. Eglah Mijares, 9951 Holder street, #13, Cypress Ms. Teddi Homsher, 6201 Ferne Avenue, cypress Ms. Margaret Holmes, 11571 Rabaul Drive, cypress It was moved by Councilmember Jones and seconded by Council member carroll to indefinitely table this item until there is some need in the future to bring it back before the Council. Councilmember Age said that she would like to review the Seal Beach ordinance and consider other alternatives before she would make a final vote. She would vote to continue. Councilmember Kerry agreed with Councilmember Age's comments. She believed that there is a need to review this ordinance very carefully to make sure that all the issues have been addressed because there are problems. The motion failed by the fOllOwing roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: CarrOll and Jones 3 COUNCILMEMBERS: Age, Kerry and Bowman o COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councllmember Age to continue this item to the Council meeting of October 28, 1996. Council member Jones commented that she felt there was no need for additional research, the City does not have a serious problem and laws are already in place. She will vote against continuing the item. Councilmember Carroll said he will vote no on this item because there have been two Council sessions on this and not one person in Cypress has spoken in favor of this ordinance. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Kerry and Bowman 2 COUNCILMEMBERS: Carroll and Jones o COUNCILMEMBERS: None PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96- 4. WIRELESS COMMUNICATIONS TRANSMISSION FACILITY. 6555 KATELLA AVENUE. CYPRESS: Mayor Bowman opened the public hearing and referred to the staff report in which the applicant requested that this item be continued. It was moved by Councilmember Age and seconded by Council member to continue consideration of Conditional Use Permit No. 96-4 to the meeting on October 28, 1996. The motion unanimously carried by the fOllowing roll call vote: 6 ! , I - ....c ~ 362 CITY COUNCIL MINUTES September 23,1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-24. ADDITION OF USED AUTOMOTIVE SALES. ACTION ALIGNMENT AND BRAKE. 9032-9052 WALKER STREET. CYPRESS: Mayor Bowman opened the public hearing and referred to the staff report which requested a continuation of the request so the Traffic Commission's recommendation can be incorporated into the City Council report and presented at the October 28, 1996 meeting. It was moved by Councilmember Jones and seconded by Councilmember Carroll to continue this item to the October 28, 1996 City Council meeting. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - BAGEL LADY. 6964 KATELLA AVENUE. CYPRESS: The public hearing was opened by Mayor Bowman. The City Manager presented the staff report requesting a Live Entertainment permit. The application was filed by Mr. Steven Kishi, d.b.a. Bagel LadY, 6964 Katella Avenue, Cypress, to allow a soloist, three-piece musical group and occasional customer sing-along to entertain on Monday - saturday, from 7:00 -10:00 p.m. and on sundays from 12 Noon - 4:00 p.m.. As required by Section 9-7 of the cypress City Code, a Public Hearing has been scheduled for 7:30 p.m., Monday, september 23,1996. Attached to the report was a copy of the application and a copy of the Police Department's investigation of the application and the proposed type of entertainment. The Community Development Department recommended that, "No entertainment be permitted outside the place of business." Pursuant to Section 9-8 of the Cypress City code, the City Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation of business by the applicant, and the live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the public or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, Intemperate habits, or bad reputation for truth, honesty or Integrity. The Affidavits of publication, posting, and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor of or in opposition to this application. The applicant, Steve Kishi, Bagel Lady, 6964 Katella Avenue, cypress, had no additional comments to make and he answered questions from the Council. NO one wished to speak in support of or in opposition to the application. It was moved by Council member Age and seconded by Councilmember Jones to close the public hearing and conditionallY approve the Live Entertainment Permit as requested by Mr. Steven Kishi, D.B.A., Bagel Lady, 6964 Katella Avenue, cypress, for a soloist, three-piece musical group, and occasional customer sing-along to entertain on Monday - saturday, from 7:00 - 10:00 p.m., and on Sundays from 12 Noon - 4:00 p.m., subject to the fOllOwing conditions. 1. No entertainment shall be permitted outside of the place of business. 2. The City Council reserves the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. The motion unanimously carried by the fOllowing rOil call vote: 7 L.______ ~/~ l 363 CITY COUNCIL MINUTES september 23, 1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS. PLAY IT AGAIN SPORTS. 10155 VALLEY VIEW STREET. CYPRESS: Mayor Bowman opened the pUblic hearing. The City Manager reviewed the staff report which represented a request for a Special Permit filed by Mr. Larry G. Jarvis, d.b.a. Play It Again Sports, 10155 valley View street, cypress, to allow the conduct of a secondhand business selling used sporting goods. Pursuant to cypress City Code Section 15-61, a PUblic Hearing has been scheduled for 7:30 p.m., Monday, september 23,1996. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the cypress city Code and finds no cause to protest the issuance of this permit. The community Development Department was requested to submit any conditions appropriate for the issuance Of this Special Permit and the fOllowing condition is recommended: "No outdoor display/storage of merchandise will be allowed and all sorting of items to be conducted Indoors." In accordance with Section 15-62 of the cypress City Code, the City council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The Affidavits of publication, posting, and Mailing of the Public Hearing Notices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor or in opposition to this application. Mr. Larry G. Jarvis, Play It Again sports, 10155 valley View street, cypress, responded to a question from Councilmember Kerry on the requirements to sell or trade any type of used merchandise. The Police Chief added that the applicant has other establishments licensed and has had a secondhand dealers license issued by the State. NO one spoke in support of or in opposition to the application. Council member Jones stated that she believed this was a good company to have in the city of Cypress and she moved to close the public hearing and conditionallY approve the SpeCial Permit as requested by Mr. Larry G. Jarvis, D.B.A. Play it Again Sports, 10155 Valley View street, cypress, to allow the conduct of a secondhand business selling used sporting goods, SUbject to the fOllowing condition: 1. No outdoor display/storage of merchandise will be allowed and all sorting of items to be conducted indoors. The motion was seconded by Councilmember Kerry and unanimously approved by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: POLICE DEPARTMENT'S EXPENDITURE OF FUNDS RECEIVED PURSUANT TO STATE ASSEMBLY BILL 3229 lAB 3229): Mayor Bowman opened the public hearing. The Police Chief referred to the staff reports dated september 9 and 23, 1996, which described State Assembly Bill 3229. Funds of $100 million are to be allocated statewide for supplemental law enforcement funding. Based upon population, the City of Cypress' share of these funds is approximately 5108,000. At the City Council meeting of September 9,1996, the Council directed the establishment of a Supplemental Law Enforcement Services Fund account wherein monies received pursuant to AB 3229 are to be deposited in compliance witt! the proVisions of the legislation. Additionally, a public hearing was to consider expenditure of funds received and the Chief had submitted a list of potential uses for funds received. Notices of the pUblic Hearing have been posted and published. Two telephone calls were received: one in support of additional police patrol vehicles in the form of bicycles and a second for pOlice equipment to include portable radios and radios for pOlice vehicles. 8 364 CITY COUNCIL MINUTES september 23, 1996 Council asked questions of the Chief on the number of vehicles involved, timing of and partial installation of MDTs and the purchase of all or part of the equipment on the high priority items. Mayor Bowman asked if anyone wished to speak in support of the proposal. Mr. Bob sundwall, 5486 Vista Sierra, Cypress, spoke in favor of the video surveillance cameras In patrol vehicles. NO one else spoke In support of or In opposition to the request. Council member Kerry spoke in favor of expediting the purchase of the video surveillance cameras and to allow the Police Department to choose how the remainder of the funds would be spent. Councilmembers Jones and Age concurred. Council member Carroll suggested that some of the funds be put In the Mobile Data Terminals (MDT) and review and update ail police Department policies, procedures and training manuals, but leaving the final decision up to the department. It was moved by Council member Kerry and seconded by Council member Jones to close the public hearing and approve the expenditure of funds specificallY for the installation of video surveillance cameras In every patrol vehicle and any remaining funds to be used as the police Department so chooses. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 94-14. PHASE II OF THE WARLAND DEVELOPMENT. LOCATED AT 11137 WAR LAND DRIVE: The City Manager asked the Community Development Director to present the staff report which represented a request to construct a 61,000 square foot speCUlative bUilding. She passed out a memo from staff amending the report by reducing the square footage that has either been built or anticipated. Phase I, as constructed, is 90,567 square feet with Phase II proposed at 61,000 square feet for a reduced total of 151,697 square feet. ShoUld a wholesale or distribution use be requested In the future, the use would require a conditional use permit. There were also some minor modifications to the conditions. This second phase complied with the development standards of the warland/cypress Business Center specific Plan, PC-4 Zone. This project received environmental clearance in the form of a Negative Declaration, adopted at the JUly 25,1994 City Council meeting. There have been no substantial changes to the proposed development or in the surrounding area since the adoption. Also, no new information of substantial significance has become available which would require reanalysis of the potential environmental Impacts. The applicant, Mr. carl Robertson, Warland Investment Company, advised that this was Phase II of what has been a very successful project, with Phase I to be fUlly leased soon. The building and landscaping will be in accordance with Warland's high standards. He thanked the staff for their cooperation. It was moved by Councllmember Jones and seconded by Councilmember Age to adopt the Resolution by title only, title as fOllOWS, approving Design Review Committee No. 94- 14 Phase II for the construction of a 61,000 square foot structure, subject to conditions. RESOLUTION NO. 4703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 94-14, PHASE II - WITH CONDITIONS. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 96-27. TWO-STORY OFFICE BUILDING. 6261 KATELLA AVENUE: The community Development Director reviewed the staff report representing a request by Warland Investments to construct a 74,000 square foot two- 9 '/- , . 365 CITY COUNCIL MINUTES September 23,1996 story office building on the property located at 6261 Katella Avenue which is located in Planning Area 2 of the Warland/Cypress Business Center specific Plan area. This project was originally approved on December 11,1995, under DeSign Review Committee No. 95- 43. The City Code states that Design Review approval shall lapse and become void one year fOllowing the date of approval unless prior to the date of expiration, a building permit is issued and construction is commenced. No provision exists for an extension of Design Review committee approval. The applicant has stated that they will not begin construction within the one year expiration date and, therefore, are requesting approval of this Design Review application. The proposed office use of the building is listed as a permitted use in the Warland/cypress Business Center Specific Plan. Staff has reviewed this proposal and found that the project complies with all of the development standards of the PC-4 Zone. The City Council adopted the Mitigated Negative Declaration for this project on December 11, 1995, as part of the Design Review Committee No. 95- 43. Under CEQA, because no substantial changes in circumstances or no new information of substantial importance has become available since its original adoption, the Mitigated Negative Declaration remains valid. She noted that Condition No. 42 does not apply in this instance because Warland already has the environmental documentation. Mr. John Law, Warland Investment Company, commented that they do want to attract high quality office tenants and he believed this is a high end building befitting the image of the Katella corridor. It was moved by Council member Jones and seconded by Councilmember Carroll to adopt the Resolution by title only, title as fOllOWS, approving Design Review Committee No. 96-27, subject to conditions. RESOLUTION NO. 4704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-27 . WITH CONDITIONS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 8:55 p.m. and reconvened the meeting, with all Councilmembers present, at 9:05 p.m. CONSIDERATION OF ESTABLISHMENT OF AWARD OF FUNDS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE INDIVIDUALS RESPONSIBLE FOR THE MURDER OF BONG (ROBBIE) JIN: The City Manager asked the police Chief to present the staff report, which SOUght allocation of funds to be established and offered as reward for information supplied to the police Department that would lead to the arrest and conviction of those individuals responsible for the murder of Bong (Robbie) Jin. Council member Kerry commented that the Council has observed this case very closely and have agreed that a reward could be a great incentive for witnesses to come forward to offer evidence. Councilmember Carroll said he would support the proposal, he hoped that this offer of a reward would bring about a conviction and asked the press to feature this offer. Councilmember Age suggested that flyers be posted in the post Office. Council member Jones asked staff to prepare a press release to be sent to the local newspapers. It was moved by Council member Kerry and seconded by Council member Jones to authorize the transfer of $10,000.00 from the unreserved fund balance to Account Number 4104-11-165-05. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF GENERAL INFORMATION ON MUNICIPAL SPECIAL ASSESSMENT DISTRICTS: The City Manager asked that the Finance Director summarize the staff report which indicated that Mayor pro-Tem Kerry had requested that staff make an information 10 366 CITY COUNCIL MINUTES september 23,1996 analysis of the City's property assessments. The City currently has three assessment districts: Lighting District NO.2, Community Facilities District #1 and corporate Center Maintenance District #1. All the assessment districts were established prior to the State taking away monies. Recently there has been legislation and initiative proposals on establishing voting restrictions on property assessments and it has been suggested that these assessments are "disguised property taxes" and should be subject to voter approval. The state has shifted money away from local governments and one of the reasons for this shift was that they indicated that local governments have the ability to use taxes and assessment districts. It was moved by Council member Kerry and seconded by Council member 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 o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF A RECOGNITION PROGRAM FOR EARNING THE BOY SCOUT RANK OF EAGLE SCOUT: The City Manager requested that the Administrative Services Director present the staff report which provided suggestions for expanding the program giving recognition to Cypress Eagle Scouts. Those suggestions were: add a continuous plaque, have a one time ceremony for the recognition of all past Eagle Scouts in cypress or have an annual Eagle Scout Day. The current program involves the preparation of a resolution recognizing the Eagle Scout and a City Official presents the resolution at an Eagle Scout Court of Honor ceremony. Mayor Bowman commented that there is a nice ceremony when the scout becomes an Eagle, inviting other Eagle Scouts and it is important that the City continue to send a representative to the Court of Honor with a resolution. He would opt to continue the current practice. Councilmember Age remarked that it would be difficult to start now for past recipients not to be recognized and where would the program start to include everyone. Council member Carroll said that the Court of Honor ceremonies are very solemn and it is important that the community recognize their achievers. The problem is that there are other events and ceremonies inVOlving cypress citizens that may also have to be included. Councilmember Kerry believed that the effort in obtaining the Eagle Scout honor and the community service involved Is something that should be recognized beyond the ceremony. She favored an Eagle Scout plaque. Council member Jones stated that the community service that the scouts give is far and above what many other citizens are able to return to the community. She would like to continue the present practice but enhance it somewhat and she suggested that the scout be invited to the Council meeting after he has received his resolution. Councilmember Age suggested that the Eagle Scouts attend Council meetings on an individual basis and not as a group. Councilmember Kerry asked that the Eagle Scouts be informed that they are Invited to attend a Council meeting to receive their recognition. Mayor Bowman said that the information could be gathered informally by the Council with no staff time Involved. It was moved by Council member Kerry and seconded by Councilmember Carroll to receive and file. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22608 - 22783: It was moved by Councilmember Carroll and seconded by Council member Age to approve the Commercial Warrant List for warrants No. 22608 through 22783 in the amount of 5922,094.99. The motion unanimously carried by the following roll call vote: 11 ~. CITY COUNCIL MINUTES September 23,1996 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, carroll, Jones, Kerry and Bowman o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:30 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:33 p.m., with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda Mr. Michael MCGill, 6097 Pitcairn street, Cypress, advised that he was an Eagle scout, he thanked the Council for their consideration and asked them to consider the girl scouts' award also. Council member Kerry mentioned the wonderful performance given recently by the cypress POPS and the Southern California Mormon Choir with approximately 3,000 people in attendance. Mayor Bowman commented that the POPS Orchestra is having their fundralser on saturday, September 28 at the Los Alamitos Race Track. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:35 p.m. ~ ATTEST: ~Oh.~ LERK OF THE CITY OF CYPRESS 12 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 15, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m. on Tuesday, October 15, 1996, in the Council Chamber, 5275 Orange Avenue, Cypress, California, by City Clerk Lillian M. Haina. PRESENT: None ABSENT: Councilmembers Age, Carroll, Jones, Kerry and Bowman ADJOURNMENT: Due to the lack of a quorum, the City Clerk adjourned the meeting at 5:35 p.m., to Monday, October 21, 1996 at 4:30 p.m. in the Administrative Conference Room. ~r< MAYOR OF THE C TY OF CYPRESS ATTEST: , 4/ I ~~ ~ . "t*s-'-",,,-, CITY CL RK OF THE CITY OF CYPRESS