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Minutes 96-11-25 1/- ;; : / / 400 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL Held November 25, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday, November 25, 1996 in the Council Chamber, 5275 Orange Avenue, cypress, by City Clerk lillian M. Haina. PRESENT: ABSENT: None Councilmembers Age, carroll, Jones, Kerry and Bowman RECESS: Due to the lack of a quorum, Lillian M. Haina, City Clerk, recessed the meeting at 5:35 p.m. to 6:00 p.m. The meeting reconvened at 6:05 p.m. with Mayor Walter Bowman presiding. PRESENT: ABSENT: Council members Carroll, Jones and Bowman Councilmembers Age and Kerry Also present were City Manager Mark OChenduszko, City Attorney John cavanaugh and staff members Bacock, Christoffels, DeCarlo, Haina and storey. CLOSED SESSION: The Mayor immediately recessed the meeting to enable the Council to enter into Closed Session to discuss the agendized item of Conference with Labor Negotiator lGovernment Code section 54957.6) on cypress Employees, Mid-Management Employees, Public Works Maintenance supervisors and Maintenance Employees Associations. The meeting reconvened at 7:00 p.m. with all Council members present except Councilmembers Age and Kerry. Also present were the City Manager, City Attorney and staff members Bacock, Chrlstoffels, Decarlo, Halna, KellY, storey and Wicker. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The pledge was led by Council member Jones. CONSIDERATION OF RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5. 1996: Mayor Bowman asked the City Clerk to present the staff report to which was attached a Resolution declaring the results of the General Municipal Election held on November 5, 1996 along with the orange county Registrar of Voters' semi-official certificate of the election. It was moved by Councilmember Carroll and seconded by Councilmember Jones to adopt the Resolution by title only, title as fOllOWS, reciting the fact of the General Municipal Election held on November 5, 1996, declaring the semi-official result and such matters as provided by law, and authorize the City Clerk to attach, upon receipt, as Exhibit "A-1" the official Certificate of the Canvass of the Election results from the orange County Registrar of Voters. RESOLUTION NO. 4725 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW. The motion unanimously carried by the following rOil call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: CarrOll, Jones and Bowman o COUNCILMEMBERS: None 2 COUNCILMEMBERS: Age and Kerry In accordance with Section 5 of the above Resolution No. 4725, the following is a statement of the results of said election. 1. That the whole number of votes cast in the precincts except absent voter ballots was 14,418 That the whole number of absent voter ballots cast in the City was 3,045, making a total of 17,463 votes case in the City. 2. That the number of persons voted for at the election for Member of the City Council are as follows: //-.:~; 401 CITY COUNCIL MINUTES November 25, 1996 Anna Piercy Brian Sunley Steve Blount Tim Keenan Leo Friedland Christen Marie FOUty Michael McGill 3. That the Measure voted upon at the election Is as follows: Measure G. STORM DRAINAGE BOND MEASURE Shall the City of cypress issue an estimated $10 million in General obligation Bonds for the purpose of constructing and upgrading City-wide storm drain facilities to provide additional storm drain protection to Cypress residents? Yes 10,108 5,800 No 4. The City Council does declare and determine that elected as a member of the City Council for the fUll term of four years were: Anna Piercy Tim Keenan 6,149 5,739 That as a result of the election, two-thirds of the voters voting on the measure relating to the Storm Drainage Bond Measure did not vote in favor of it, and the measure was not carried, and shall not be deemed adopted and ratified. 5. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective office for which the persons were candidates and for and against the Measure were as fOllOWS: M B M B B C R H 8 - R T I 0 C 8 R CI T H IT B M TY L N I D R B Y B 8 B C R B A C A R T 0 M H A 0 L OON I B T A A I I L PU tt A V I P R B ON 8 0 NA N B M R I L -A T T CC I B CO R . YIP 8 B K B M YB A PL I U L B D P C P T C R B N 0 B L 0 0 RB I A B- R L U N A U I BO Y , 0 8 82 C B N A N T L 8N . N I N T 8- Y Y T N D Y L 8D . 0 ~~~~~=CYPRBSS 74 473 ~~ I~; ~; ~~: 10 4 31 32< ~O 77 323 4 4 3 15 3 ~~)19-CYPRBSS 82 45 ~~C ~~; 6 14 11 4 5 ~~ ~~~ o".,n_I"'VDDDSS '103 64 " '0 " , 6 ~~~~~=~:::~; ~~ SO 20 "~ 10 ~~ 9 6 43 ~: ~~; '3 H <0 ,n 3 8 ~~~~~-~;::~88 94 543 ~~ 6 5 ~: 15 4 20 29 ~; 03 6-C P BSS 94 SO 7 9 6 7 6 9 273 lO329-CYPRBSS 80 46 ~~ ~~. 7 ~~. 7 62 5 28 ~~: lO330-CYPRBSS , on 562 8 11 . 6 30 ;~3~~=~::~SS 102 58 ~~2 ~~ ~: ~6J 9 52 9 ~~; ~~2 OJ3 - BSS 68 41 5 0 7 3 3 10JJ6-CYPRBSS 56 37 ~~ 6 ~, ~~ 73 3 4 ~~ ~~ lOJ37-CYPRBSS 83 '6 6 92 9 3 62 ~?JJ8-~:::~S 94 58 12 , 3 8 293 12' 3 20 ~~: ~~, 0339-C S8 ... '0 24 3 '0 ' .. 171 6 52 ~~~:~-~;:::~8 96 SO 22 ~~2 5 ~~] 93 73 3 28 17 1 -c P SS 75 u, 19 5 12' 4 4 24 162 ~?364-CYPRBSS 99 47 ~:; ,~ :~ ~~; , ;; 8' 2 ~~~ ~~, 0361- , 0" 583 7 13 10J71-CYPRBSS 94< 58C "~ "~ 8 "~: 163 6 10 33 19 , n,,,_ 7. " 3 " " ~~~~~=;;~~~~S ;~, 8 ,; ~~ 1 ,~; ~~ 1 . ,~2 2. 3 - SS 47 6 5 , n' 6 17 ~~~~~:CYPRBSS ~~; 423 ":; ~: 4C 151 ~l' 2< 11 . 2" 14 3" " ,no 03 3 "' ~" 93 ~?3:~:CYPRBSS ;~ 33! 8 j, 5' 11 10' 2! 6 21! ,9! 038 - 3.' 8 6 4 18 83 3 13 222 5 10384 CYPRBSS 753 45 18 10 5C 16 10C ., 8 ~~ ~~: 10388-CYPRBSS 7" 44 13 " 3 1.' ., 3 '03 lO392-CYPRBSS 79' 46( ~~ ~. ~: 133 III 53 10. 2~~ 20' I ~ 060" _r"VDDDSS '5 34 9 " 3 3! 17 12 r lO9Ol-CYPRBSS 16. 7. 3 1 3 11 1! I 4< 3( I IABSBNTBB TOTALS , 304~ ~:1 66' 52 100 65 32C 49. ~~~; ,:~~ : GRAND TOTALS 2529 17463 . 4 352 2.2 573 3782 '7.' 29" 10 0 - -..- I , I 2 ...- - 402 CITY COUNCIL MINUTES November 25,1996 The City Clerk administered the Oath of Office to the newly elected Councilmembers Anna Piercy and Tim Keenan who took their places on the dais. Council member Piercy thanked all her supporters and felt that it was a great honor to be elected to the cypress City Council. She Is looking forward to her tenure, doing the best she possibly can to represent the people of cypress and their wishes. Councilmember Keenan thanked his supporters and the many volunteers who helped in his campaign. He Is looking forward to the challenges he will be facing during the next four years and he felt there would be some positive changes for the betterment of Cypress. CONSIDERATION OF CITY COUNCIL REORGANIZATION: Mayor Bowman commented on the honor that it is to be the Mayor of the City of Cypress and to be able to represent this City at various functions throughout the county. DUring the year, Council had the opportunity to hire a new City Manager and they are very proud of their choice. He thanked the community, his family and the Council for their support throughout the year. He then resigned his position. The City Clerk called for nominations for the office of Mayor. Council member Jones nominated Councilmember Carroll for the position of Mayor and the nomination was seconded by Council member Keenan. A motion was made and seconded to close the nominations and, hearing no objection, the City Clerk declared the nominations closed. The City Clerk asked the Council to cast their votes for Council member Carroll for the position of Mayor. Council member Carroll was unanimously elected Mayor by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mayor Carroll assumed his seat and thanked his cOlleagues on the Council. He introduced his family and hoped to live up to the tradition and expectations of the office. He commended the former Mayor and Council members Age and Kerry and applauded them and personally thanked them for their pUblic service. He congratulated Tim Keenan and Anna Piercy on their election to the Council. He stated the City needed to move with unrelenting pursuit towards the opportunities in an uncompromising attack on the problems In Cypress. He has every confidence that the present City Council is well qualified, diversely experienced and philosophically balanced to set policies that will guide and lead cypress to a very satisfying future for all. Mayor Carroll opened the nominations for Mayor Pro Tem and he nominated Councilmember Jones. The nomination was seconded by Council member Bowman. A motion was made to close the nominations and, hearing no objections, Mayor Carroll declared the nominations closed. Council member Jones was unanimously elected Mayor Pro Tem by the following rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mayor Pro Tem Jones remarked that she hoped the City does not have to go through a recall election again. It was disruptive to the City and kept the City from accomplished many things the Council wanted to accomplish. She felt that over the next two years a number of the goals will be realized and she mentioned some of those items that would be most important to the City. She encouraged all citizens to contact the Council with their comments either by phone or written communication. RECESS: Mayor Carroll recessed the meeting at 7:25 p.m. to allow the members of Council to converse with members of the audience and enjoy refreshments. The meeting reconvened at 7:45 p.m. with all Council members present. 3 //. } (In I.. ..__..;> ...,. 403 CITY COUNCIL MINUTES November 25,1996 PRESENTATIONS: Mr. Dennis Brown, superintendent of Greater Long Beach Christian schools, read a letter commending the City and the cypress Police Department when one of their students, Andrea Clymore, was killed in an automobile accident in the City on October 9,1996. Prior to Battalion Chief patrick Mclntosh's presentation, Mayor carroll said that the City is concerned with the orange county Fire Authority's service, but he believed they are doing an excellent job. He then deferred to hear Battalion Chief Mcintosh who spoke on the Fire Authority's Emergency Medical services, provided a historical perspective of paramedic delivery service and addressed some of the concerns that have been expressed by the populace. Also present was Battalion Chief Mark Kramer. Mayor CarrOll acknowledged the donation of two fully equipped police patrol bicycles from Mr. Jon Wampler, president of PacifiCare/Secure Horizons to the cypress Police Department. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. No one wished to speak. 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. The City Manager asked that Item No. 12, Amendment to DRC No. 95-57 for the Construction of a single parapet Sign be removed. Council member Keenan requested that Item NO.3, City Council Minutes of November 12, 1996, be pulled. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Consent Calendar Items NO.3 through 13, with the exception of Items NO.3 and 12. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO.5: Consideration of proclaiming Remaining HOliday Months of 1996 and all of 1997, as "Buckle Up For Life challenge." Recommendation: That the Mayor and City Council officiallY proclaim the remaining months of 1996 and all of 1997, as "Buckle Up For Life challenge," stressing the importance of using seat belts whenever travelling in a motor vehicle. Item NO.6: Consideration of Attendance to the League of California Cities' Mayors and Council Member Institute. Recommendation: That the City Council authorize the attendance of any interested Council Member to the League of California Cities' Mayors and Council Members Institute, scheduled to be held on January 8-10, 1997, In sacramento; and be reimbursed for all actual and necessary expenses incurred. Item NO.7: Consideration of Approval of an Amendment to the Joint Powers Agreement Creating the orange county Fire Authority. Recommendation: That the City Council approve Amendment Number One to the Joint Powers Agreement Creating the orange county Fire Authority, relating to the number of members elected to the Executive Committee. Item NO.8: Consideration of Monthly Investment Program for the Month of October 1996 Recommendation: Receive and file. 4 404 CITY COUNCIL MINUTES Novernber25,1996 Item NO.9: Consideration of Audit Report of the City of cypress' Appropriation Limit for the Year Ended June 30, 1996. Recommendation: Receive and file. Item No. 10: Consideration of Acceptance of the Pavement Rehabilitation of Residential streets, Public Works Project NO. 9532. Recommendation: That the City Council: 1) Accept the project for Pavement Rehabilitation of Residential streets, Public Works Project NO. 9532, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $34,922.70 to Excel paving company, 2230 Lemon Avenue, Long Beach, CA 90806, 35 days after the Notice of completion is filed, if no claims or objections have been filed, and upon the Director of PUblic Works; concurrence; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, If no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No. 11: Consideration of Continuous Employment List - Police Officer (ACademy Trained) and Promotional Employment List for Maintenance Worker II. Recommendation: Receive and file. Recreation & Park District Matters: Item NO. 13: consideration of Audit Report of the cypress Recreation and Park District's Appropriation Limit for the Year Ended June 30, 1996. Recommendation: That the City council, acting as the ex officio Board of Directors of the cypress Recreation and park District, receive and file said report. Regarding Item No.3, Motion to Approve City Council Minutes of November 12, 1996, it was moved by Council member Bowman and seconded by Councilmember Jones to approve the Minutes of the Regular Meeting of November 12, 1996, as submitted, with abstention votes by newly-elected Council Members Keenan and Piercy. AYES: NOES: ABSENT: ABSTAINED: 3 COUNCILMEMBERS: Bowman, Jones and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None 2 COUNCILMEMBERS: Keenan and Piercy With regard to Item NO. 12, Consideration of Amendment to Design Review Committee No. 95-57 for the Construction of a Single parapet Sign, the community Development Director suggested, if the applicant concurs, to continue this item to January after the item on the December meeting has been resolved. The applicant, Mr. Dan Mundy, ERA, said that his business needs a sign and he was committed to having a parapet wall when he signed the lease. He said he needs to have a sign. It was moved by Councllmember Jones and seconded by Council member Keenan to continue this item to the meeting of January 13, 1997. The community Development Director recommended that, for the record, the banner sign remain through January until a decision is made and they have time to get a new sign. The motion unanimously carried by the following rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None END OF CONSENT CALENDAR The City Manager summarized the discussions held during Closed Session on the <lgendized item of Conference with Labor Negotiator. CONTINUED CONSIDERATION OF LINCOLN AVENUE ASSOCIATION FORMATION STEERING COMMITTEE'S IMPLEMENTATION RECOMMENDATIONS: The City Manager asked the community Development Director to summarize the staff report addressing the mission 5 -- ~ iio.> 405 CITY COUNCIL MINUTES November 25,1996 statement that was approved by the City Council on October 28,1996. subsequent discussion among the staff and the Committee members revealed the need to address the timely adoption of the Lincoln Avenue Specific Plan as a priority. It was decided that part of this Committee's mission would be to assist in the expedient adoption of the Lincoln Avenue Specific Plan because the adopted Specific Plan would be integral in helping the Committee complete its objectives. Council member Jones suggested that there be an opportunity for staff to provide the new Council with the Lincoln Avenue specific Plan. The City Manager responded that this item can be on the next meeting's agenda. Councilmember Bowman commented that a workshop would be beneficial for the new Council members to review all the material. Council member Jones concurred. The City Manager said that staff would work through the Council to schedule a workshop session. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the amended Mission Statement of the Lincoln Avenue Association Formation steering Committee and a workshop session to be scheduled on this item. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUED CONSIDERATION OF NEW AREA CODE BOUNDARIES: The City Manager asked the senior Management Analyst to provide an update on this item. On November 14,1996, Councilmember Carroll attended a local jurisdiction meeting to provide input to the California PUblic Utilities commission (CPUC) on the proposed boundaries. The local jurisdictions present recommended an area that would not affect cypress and the City will remain in the 714 area code. The final determination of the area code boundaries will be made by the CPUC by November 30. It was moved by councilmember Bowman and seconded by Council member Jones to receive and file the report regarding the new area code boundaries for orange county. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and CarrOll o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF RESEARCH ON SPECIAL PERMITS FOR SECONDHAND DEALERS: At the request of the City Manager, the community Development Director reviewed the staff report which advised that the City council had asked staff to research the number of secondhand dealers currently located within the City. The Council also directed staff to recommend measures to address the issue of concentration of secondhand dealers, if such a concentration exists. AS of November 14, 1996, there were a total of 14 secondhand businesses with special Permits to operate within the City of cypress. Based on the type of merchandise being taken in and/or resold, the businesses may also require a permit from the State Department of Justice. Council member Jones asked the City Attorney to comment on this subject. The City Attorney said that the Council has a degree of flexibility in considering these types of businesses. The concentration is a factor simply because of the nature of the business and the licensing regulations. When there Is one business, on a case-by-case basis, that tips the balance, the Council has the discretion to consider that factor in deciding whether to grant or deny a permit for a secondhand business. Councilmember Jones suggested that an updated map and the types of secondhand businesses, would be helpful addition in considering permits for future secondhand businesses. It was moved by Councilmember Jones and seconded by Council member Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None 6 -~,.. / 406 CITY COUNCIL MINUTES November 25, 1996 CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 23740 - 23927: It was moved by Mayor CarrOll and seconded by Council member Bowman to approve the commercial warrant List for Warrants NO. 23740 thrOugh 23927 in the amount of $683,487.52. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mr. Mike MCGill, 6097 Pitcairn street, cypress, congratulated the new City Councllmembers and he referred to the adult day care program suggested by the Senior citizens Commission. He expressed concern about the recommendation that the facility should be open from 9 to 3 p.m. and he suggested the hours be 8 to 5 p.m. Mr. Don Wesling, 11431 Anegada street, cypress, also congratulated the new Councllmembers and asked questions about the purchase of the wood chipper and the condition of the old chipper, which were answered by the Public Works Director. Mr. Wesllng asked why the street sweepers working in the south end of the City didn't go directly to the recycling center rather than back to the corporate Yard. Mr. Mike Gritchen, 11619 Malden street, cypress, congratulated the two new Councilmembers. He commented that he didn't believe that recall elections or recall campaigns are divisive. He believed the need for and the cause of a recall is what is divisive and he sees little need for that kind of action In the future with the current Council. Ms. Marie Hall, representing the cypress POPS Orchestra, welcomed the two newest members of the City council and the new City Manager. She thanked the Councilmembers for their support of the POPS orchestra and they will be performing on December 1 at the Grace Church. council member Bowman mentioned the City's annual Holiday sing, which is on December 13, and he asked the Council to pick a song to sing. The consensus was "White Christmas." Mr. Joe Hardcastle, 4588 Blanca Drive, cypress, said he was present to warn the new Councilmembers about the upcoming meeting of the League of California Cities where they will be brainwashed into thinking their primary job is to keep the City coffers filled, but their primary dUty is to represent the people of cypress. Councilmember Jones addressed the Issue of repealing the recentlY approved Truancy Ordinance and hoped that some other type of program could be Implemented. She asked that this be placed on the next meeting's agenda. subsequent to that, there should be some language that would prevent enactment of the current ordinance. Another item was the Sales Tax Revenue issue and access to information on sales and use tax records. Based on the City Attorney's analysis, the conclusion is that any officer or employee of City may be designated by Resolution to have this information. AlthoUgh the information Is confidential, It Is accessible to the Council. She asked this be placed on the January 13 Council agenda to repeal Resolution 958 and draft a new resolution allowing council members, as well as the Finance Director and the City Manager, access to this information to be placed on the agenda for the next meeting or the first meeting in January. Council member Jones referred to a draft resolution received from the Citizens for Jobs and the Economy and she asked that a resolution or letter be sent from the Council supporting the conversion of EI Toro for commercial use. councilmember Bowman mentioned that the enforceability of an ordinance needed to be addressed and he understood that any ordinance had to be enforced until it is actuallY repealed. The City Attorney agreed but he advised that the Council can direct the Police Department to stay enforcement pending enactment and adoption. Council member Keenan acknowledged his wife, who was in the audience and how supportive she has been. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. 7 I ..- ~ ;,'" ( 407 CITY COUNCIL MINUTES November 25, 1996 Mayor CarrOll advised that Councilmember Bowman has informed Council that December 9, the date of the next regular City Council meeting, is also the kick-off meeting for annual cypress COllege Americana Awards. Mayor Carroll asked the Councilmembers if there were any objections to adjourning the Council meeting to December 10,1996. The City Manager noted that there were several pUblic hearings set for December 9,1996 and asked the City Attorney if the appropriate action was to continue those hearings to December 10,1996. The City Attorney advised that there needed to be a minute order from the Council advising staff to continue those hearings so they can comply with the noticing requirements, unless they have already been sent out. The community Development Director said that notices have been sent to the newspaper and they will call the paper early next morning to make the change in the publication. If that cannot be done, the hearings will be renoticed. The pUblic hearing notices have not been sent out to the residents. ADJOURNMENT: Mayor Carroll adjourned the meeting at 8:50 p.m. y~~ MAYOR OF THE CITY OF CYPR SS ATTEST: die.".... ~ .~~ CITY CLERK OF THE CITY OF CYPRESS 8