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Minutes 94-01-24 / /1 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 24, 1994 The Regular Meeting of the Cypress City Council was cailed to order at 3:35 p.m., MOnday, January 24, 1994, In the Administrative Conference Room, West wing, City Hail, 5275 orange Avenue, cypress, Mayor Richard Partin presiding. PRESENT: ABSENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin None Also present were City Manager/City Clerk Darreil Essex, City Attorney John cavanaugh, Planning Director Christine Eynon and Traffic Consultant Steve SasakI. WORKSHOP SESSION: Traffic Fee, Marketing and orange Avenue Specific Plan. The Traffic Consultant steve Sasaki reviewed the traffic fee stUdy and the mitigation fee Of ail new developments to help offset the requirements of Measure M and qualify the City for the on-golng funding through Measure M. Council reviewed the Marketing Program that they had previously approved and discussed some specific Issues on that program under the City's redevelopment effort. One of the Issues was an attempt to attract new businesses and retain the existing businesses already In the community, both In the Business Park and elsewhere. That marketing effort was a part of the discussion and the Council did take some options which will be developed by staff and brought back to the Council for further implementation. RECESS: Mayor Partin recessed the workshop at 5:10 p.m. and reconvened at 5:20 p.m. with ail Councilmembers in attendance. A presentation and options on the orange Avenue specific Plan was given by members of the consulting firm of RBF. They provided some options for the Council in the development of some parcels of property located on the north side of Orange Avenue, west of MOOdy Street, which wiil be the subject for further discussion after Council review. RECESS: Mayor Partin recessed the meeting at 5:40 p.m. to enable the Council to reconvene in the Council Chamber. The meeting was reconvened at 5:50 p.m. with ail Council members present. Also present were City Manager/City Clerk Darreil Essex, City Attorney John cavanaugh and staff members Bacock, Barrett, Decarlo, Eynon, Munoz, storey and Wicker. The City Manager referred to Item NO. 22, Consideration of ReqUest from the BOYS & Girls Club of Cypress for a Loan, in the Amount of $40,000 and a request that item be moved to the 5:30 p.m. Council session. Representatives from the Boys & Girls Club were present for that discussion. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICES: The City Manager presented the staff report dated January 12, 1994, which requested the renewal of the annual contract to provide car washing services for the City-owned fleet. The contract expires on January 31, 1994 and the current rate of $3.25 per car, $5.00 per large truck or van, and $1.00 for vacuum only or air freshener onlY, was established in 1993. It was moved by Council member Bowman and seconded by Councilmember Kerry to authorize the renewal of the car wash service contract with cypress Car Wash, 9971 vailey View street, Cypress, California 90630, for a one year period from February 1,1994 through January 31, 1995, with no increase in price. The motion unanimously carried by the foilowing roil cail vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL POLICE BACKGROUND INVESTIGATIONS: The Police Chief reviewed the staff report dated January 12, 1994 outlining their use of Crackel Investigative Services of Orange to assist in the timely completion of personnel background investigations for Police Department applicants. ! '. " -,- .> ~I CITY COUNCIL MINUTES January 24, 1994 There Is a fee increase for the proposed contract of a completed background Investigation from $600 to $650 plus $.26 for mileage. A discontinued investigation fee will be raised from $20 to $25 per hour <minimum five hours>, plus mileage. it was moved by Council member Age and seconded by Council member Nicholson to award a contract to Crackel Investigative services for professional service of police background Investigations at a cost of $650.00 per completed investigation, plus $.26 for mileage. partially completed investigations will cost $25 per hour, with a minimum of five hours. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF ANNUAL PURCHASE AGREEMENT FOR ASPHALT CONCRETE MATERIALS: The City Manager asked the Actlng.Clty Engineer to summarize the staff report dated January 13, 1994 on the annual purchase agreement for asphalt concrete materials. The contract with All American ASphalt co. will expire on January 31, 1994 and they have offered contract renewal prices for a one year period with no rate increase. Although Blue Diamond and RJ. Noble companies offer lower unit prices, there are additional factors that were considered, such as, travel time and pick up priority. It was moved by Council member Bowman and seconded by Council member Nicholson to award an annual purchase contract for asphalt concrete products to All American Asphalt co., 14274 Magnolia Ave., P.O. Box 2229, corona, CA 92718-2229, In an amount not to exceed $"26,000 for a one year period from February 1, 1994 through January 31, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF REPLACEMENT PIECES FOR PLAYGROUND EQUIPMENT FROM THE CAPITAL PROJECT ACCOUNT: The Recreation and Park Director was requested by the City Manager to summarize the staff report dated January 14, 1994 which requested removal of existing spyro Slide and four chains to the swings on the Playbooster equipment at Pinewood Park for safety reasons. Due to the size specifications and safety features of the structure, as well as to maintain compatibility with the equipment on site, it is required that a single vendor be used. No modifications of the current play structure are required for either of the replacement pieces. It was moved by Council member Bowman and seconded by Council member Age that the City Council acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1. Dispense with formal competitive bidding for reasons described in the above report pursuant to City Code, Section 21-A-8F, and award the contract to Coast Recreation, Inc., 2082 S.E. Bristol, Suite 1, santa Ana, CA 92707, at a cost of $3,335.48 for the purchase and installation of a Spyro Slide. 2. Approve the expenditures in the amount of $3,335.48 from capital project Account 4186-12-500-29. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin 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. Council member Nicholson requested that Items No. 10 and 12, Consideration of Renewal of Maintenance Contract for the Cleaning of Cypress Village Public parking Areas and 2 j-.J"; /.1 2i CITY COUNCIL MINUTES January 24, 1994 Consideration of Continuous Employment Lists for the Positions of Police Officer - Academy Trained Entry and Lateral Entry, respectively, be removed. Councllmember Age asked that Item No. 13, Consideration of Adoption of Resolution Supporting the League of Cities option to the Orange county Board of supervisors, Regarding the Reuse process of the EI Toro Marine corps Air Station be pUlled from the Calendar. It was moved by Council member Nicholson and seconded by Council member Kerry to approve the Consent Calendar Items NO.5 through 13, with the exception of Items No. 10,12 and 13. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item No.5: Motion to Approve City Council Minutes of the Regular Meeting of January 10, 1994. Recommendation: That the City Council approve the Minutes of January 10, 1994, 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 supporting AB 688 - changes in Enforcement Provisions of AB 939 - Integrated Waste Management Recommendation: That the City Council go on record in support of AB 688 and authorize the Mayor to sign the letters to be transmitted to the appropriate State legislators. Item No.8: Consideration of Design Review Committee's Approval of DRC #93-25 and #94- 2. Recommendation: Receive and file. Item No.9: Consideration of Monthly Investment Program for the Month of December 1993. Recommendation: Receive and file. Item No. 11: Consideration of Acceptance of various Traffic Signal Modifications/Installations in the City of cypress, Public Works project No. 9149. Recommendation: That the City CounCil: 1) Accept the Various Traffic Signal Modifications/Installations in the City of cypress, Public Works project No. 9149, as being satiSfactorily completed in substantial conformance with the Plans and specifications; 2) approve the final retention payment, in the amount of $27,756.46, to Baxter-Griffin, 8210 Monroe, stanton, California 90680, thirty-five (35) days after the Notice of completion is flied; 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 flied, and to release the Faithful performance Bond upon expiration of one year's guarantee upon the Acting City Engineer's concurrence. END OF CONSENT CALENDAR Regarding Item NO. 10, Renewal of Maintenance contract for Cleaning of cypress Village Public parking Areas, Council member Nicholson questioned approving this contract when there has been discussion on redUCing the street sweeping from weekly to bi- weekly cleaning. Council member Bowman stated that when the landscaping company maintains the common area each week, they do the parking lot at the same time. Councilmember Nicholson stated her question has to do with fairness and should the Council wait until the street sweeping for the rest of the City is decided or proceed with this contract. It was moved by Council member Nicholson and seconded by Councilmember Age to continue this item to the adjourned meeting of January 31. Council member Bowman requested that staff contact the contractor to determine if he will reduce his fee if the 3 - ~ U/-f 28 CITY COUNCIL MINUTES January 24, 1994 parl<ing lot sweeping is changed to bi-weel<ly. The motion unanimously carried by the follOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCllMEMBERS: None In regard to Item No. 12, Consideration of Continuous Employment lists for the Positions of pollee Officer - ACademy Trained Entry and lateral Entry, Council member Nicholson asl<ed if this was the group that would be considered for the four additional pollee officers. The Chief replied that this list was a portion of the applicants and there are additional Interviews pending. It was moved by Councilmember Nicholson and seconded by Councllmember Age to receive and file. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None Regarding Item No. 13, Adoption of a Resolution Regarding the Reuse Process of the EI Toro Marine Corps Air station, Council member Age stated that she had asl<ed that this item be placed on the agenda. She reported this item was discussed at a JWA meeting and she had reservations about it because the three options that were proposed Include consideration of a commercial airport at EI Toro. Secondly, after the consultants return with the three best use plans, there Is still an opportunity to express an opinion, If It is warranted. Council member Kerry voiced concern about Irvine negotiating that It will be Incorporated into the City of Irvine and their General Plan precludes any airport there. Council member Bowman expressed concern about the representation. Councilmember Age stated that she did not want to put the city In the position where they weren't recognized and were not a part of the decision-mal<ing. The City Manager advised that It was agreed at the last meeting that the resolution would be resent to the cities who were neutral. After some discussion, the City Manager advised that a letter be sent to the City of Newport Informing them that the City of Cypress intends to continue participating with the group of cities. It was moved by Council member Age and seconded by Councllmember Kerry to send a letter to the City of Newport advising them that the City of Cypress plans to continue as part of the group. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCllMEMBERS: None Mayor Partin announced that there had been a reQuest to move Item No. 22, Consideration of ReQuest From the Boys & Girls Club of Cypress for a loan at the 5:30 p.m. session. It was moved by Council member Bowman and seconded by Councilmember Kerry to move Item No. 22 forward. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None CONSIDERATION OF REQUEST FROM THE BOYS & GIRLS CLUB OF CYPRESS FOR A lOAN. IN THE AMOUNT OF 540.000: The City Manager presented the staff report dated January 19, 1994 which Indicated a communication had been received from the Cypress BOys and Girls Club reQuesting consideration of a loan, in the amount of $40,000, to bring the Club current on its debts and operating funds. The reQuest is for a no-interest loan, with no payment for two years, after which they propose to pay 20% of the unpaid balance each year until the loan Is paid In full. Mr. Denis st. Clair, President Of the Board of Directors of the Cypress Boys & Girls Club, provided a brief overview of what the Club has been doing over the past year. He reported on their fund raisers and grants they have obtained. But, they have been fighting a financial battle all year long with $20,000 In bacl< pay and severance pay to a 4 ~.l~ / ~ 29 CITY COUNCIL MINUTES January 24, 1994 previous Executive and Program Director, litigation fees and expenses on the van, so they are not In good shape financially. After a question and answer period with the Council and the Club president, the Recreation & Park Director reported on the help provided by the District when there was no staff at the Boys & Girls Club and they had made some recommendations for changes to the program. Councilmember Age suggested the Boys & Girls Club appoint a five member committee to arrive at a structured plan and a guarantee for the next few years if the City is to make this kind of a loan. After further discussion, Councllmember Kerry stated she would support a loan of $20,000 at this time and have the Club work to see what they can fund and return to Council in six months with a progress report. Councllmember Bowman commented that he didn't want to see the Club fold, but would consider the loan to help the Club through the financial straits. It is not a good Idea to look to the City for the funding because the Board is to act as fund raisers. He would support making the loan but he believed there should be payments with Interest. Councllmember Age requested a Closed Session to discuss this matter further. CLOSED SESSION: Mayor partin recessed the meeting at 6:45 p.m. to enter into Closed session to discuss matters of personnel and litigation. The meeting was reconvened at 7:45 p.m. with all Councllmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Barrett, Decarlo, Eynon, Mulloz, storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF AllEGIANCE: The pledge was led by Mayor Pro Tem Joyce Nicholson. At Mayor Partin'S request, the City Manager reported that the Council met at 3:30 p.m. for three workshop discussion issues on traffic mitigation fees, Cypress Redevelopment Agency marketing program and orange Avenue Specific Plan. He also reviewed the actions taken by the Council during the 5:30 p.m. portion of the Agenda. The City Attorney, then reviewed discussions held during Closed Session on three items: a matter involving pending litigation in the application for disability retirement claim by Jon E. HOckey; a pending litigation matter involving stanton vs. City of Cypress and a discussion to determine if there was a significant exposure to litigation. Mayor Partin reminded those in the audience who wished to speak during Oral communications to fill out the Speaker Address form. Regarding Item No. 22, a request from the Boys & Girls Club for a loan, Mayor Partin advised that this item will be continued to the adjourned regular meeting of January 31, 1994. The motion to continue this item to January 31, 1994 was made by Councilmember Kerry who clarified that the request was for a loan, not a donation. Councilmember Bowman seconded the motion. Councilmember Nicholson announced that she would abstain from the vote on the advice of the City Attorney. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Nicholson ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda Mr. Bob sundwall, 5486 Vista Sierra, Cypress, commended the City Council for appointing the Citizens Fiscal AdviSOry Committee and he referred to an article in the L. A. Times. Mr. Soren Poulsen, 4460 Fairfield Way, Cypress, addressed the Council regarding the Cypress school District's caretaker trailer homes that have been placed on each of the nine elementary school grounds. A trailer had been placed directly behind his home 5 30 -. CITY COUNCIL MINUTES January 24, 1994 and it Is an eyesore, It has lowered property values and the petition drive with 39 signatures was presented to the school district on July 13 with a request to relocate the trailer without results. Council member Nicholson stated that they will receive a status report on this matter from the City Attorney during a later Closed Session. The City Attorney reported that he has reviewed all the documentation and he said that this matter will be discussed In Closed session, with the Council receiving a confidential memorandum from the City Attorney's office on what they feel is the appropriate action. Mrs. Jane wozniak, 4480 Avenlda Granada, Cypress, reminded the Council she had asked them to review putting a limit on campaign spending. She would like to see a class of people run for Council that are interested in doing something to help the City instead of helping themselves. She said she agreed with the CFAC findings, except the remarks about the Police and Fire Departments and the elimination of cablecast Council meetings. Mr. Bill Atwood, 11253 Knott Avenue, Cypress, referred to the mailer received from the Police Department about going to the Sheriff's Department. He stated that the Sheriff's Department cannot respond qUickly to Cypress. He advocated giving the Police an acceptable contract and decent salaries. Mr. Jerry Jeholch, 5622 st. Ann, Cypress, stated that he was from an annexed area and the reason they chose to be annexed to the City of Cypress was for pollee protection. He recommended that the Council find the money to hire more police. Mrs. Karen Kalzuka, 325 Travis Drive, Los osos, commented that the Cypress Police Department is overloaded and referred to the newsletter distributed by the department. Mrs. sandra Joshua, 11360 Matinlcus Court, cypress, stated she was a member of the family Involved in the shooting Incident on December 29 and she commented how good the pollee were In helping them through this ordeal. She felt that the department was understaffed and underpaid. Mr. Howard Cromer, 6634 Teakwood Street, Cypress, complained about the amount of the trash bill. He stated that Briggeman has just negotiated a ten year contract with the City of Cypress to pick up trash and whoever negotiated that contract didn't do a very good job of managing the City'S money. Mr. Eugene L Zechmelster, 9452 Alderbury Street, Cypress, reminded the Council of the many letters he had written regarding the police Department. He referred to the Pollee Department's newsletter and suggested that the money should be spent Immediately for wage Increases and additional officers. Ms. Yvonne Greenelsh, 8751 Sumner Place, Cypress, expressed her dissatisfaction because the Police Department stili didn't have a contract and she was thrilled because none of the Council would be back after the next election. She believed that most cities have a slush fund that can be used for special things. Mr. Ted Hili, 10001 St. Charles, cypress, stated that the Cypress Police Department is the best in orange county. Mr. Steven MCKinney, 5104 Sequoia Avenue, Cypress, stated that he believed no one on the Council had any Idea what It Is to grow up In an Inter-City ghetto where crime and continuous Infractions of the law are the norm rather than the exception. He asked the Council how they could even consider cutting something so vital to the community as the pollee force. Mr. Troy Lyman, 5134 sequoia Avenue, Cypress, commented that if this City does not fund its Pollee Department and give them the supplies and manpower that they need to protect this City, we will end up like some of the surrounding communities. He expressed pride In this City, but It will deteriorate If something Is not done Immediately. Ms. Carol Bliss, 9933 capri street, Cypress, stated she will fight for the police and firemen and it seems compromise might be the answer, but an answer is needed. She also stated that the citizens hire the police and firemen and she asked Why the City wasn't paying them enough. 6 /-2"';/7 31 CITY COUNCIL MINUTES January 24, 1994 Mr. craig campbell, 11623 Talaud street, Cypress, spoke about the cypress Police Department and addressed the newsletter they had distributed. He stated he had fought the same battle as the police are fighting now and he had lost. He asked the Council to give the CPSEA a contract and hire four additional officers. Police sergeant John Avila, 5275 orange Avenue, Cypress, provided the Council with some history on the CPSEA labor negotiations. RECESS: Mayor Partin recessed the meeting at 8:45 p.m. and reconvened at 9:00 p.m., with all Council members present. PRESENTATION: The City Manager presented a plaque from Disneyland to the City of cypress for their participation in "Mickey's Worldwide Kids' party," which was held on November 18, 1993 for less privileged children who otherwise would not have the opportunity to visit Disneyland. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 72-2. EXPANSION OF AUTOMOTIVE REPAIR FACILITY. 9052 WALKER STREET: Mayor Partin opened the public hearing. The City Manager presented the staff report dated January 17, 1994, which was a request from the applicant that this item be withdrawn from City Council consideration. It was moved by Council member Age and seconded by Councilmember NIcholson to approve the request to withdraw the application for Amendment to Conditional Use Permit NO. 72-2. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT NO. 93-7. ESTABLISHING REQUIREMENTS AND PROCEDURES FOR SINGLE ROOM OCCUPANCY DEVELOPMENTS: The public hearing was opened by Mayor Partin. The City Manager advised that the staff report dated January 11, 1994 was a request from staff to continue this item to allow time for additional research. It was moved by Council member Nicholson and seconded by Council member Kerry to continue this item to the meeting of February 14, 1994. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93-12. OUTDOOR SWAP MEET. NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET: Mayor partin declared the public hearing open. The City Manager advised that the staff report dated January 17, 1994 was a request for continuance of this item. It was moved by Council member Kerry and seconded by Council member Nicholson to continue this item to the Council meeting of February 28,1994. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 93-18. RESTAURANT INCLUDING SIX (6) VIDEO GAME MACHINES AND ON SITE SALE OF BEER AND WINE. 9921 WALKER STREET: The Mayor opened the public hearing. The staff report dated January 7, 1994 was presented by the Planning Director. The application represented a request to operate a pizza restaurant, including six video game machines and the sale of onsite beer and wine. In accordance with the requirements of the California Environmental 7 - 2d/J 32 . CITY COUNCil MINUTES January 24, 1994 Quality Act, a Negative Declaration had been prepared for this project. The proposed location of the restaurant Is an existing lease space at 9921 walker street In the cypress Plaza shopping Center. Staff researched all conditional use permits related to the subject shopping center In order to evaluate the parking provisions and compatibility of uses within the center, including the proposed pizza parlor. Notices of this public hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The applicant, Robert Bautista, 940 South Barton court, Anaheim, replied that he is proposing to operate the same type of business as previously occupied the site. No one wished to speak in support of or in opposition to the application. Mr. Bob Sundwall asked if video games were considered to be gambling and the answer provided by the Council was In the negative. It was moved by Councllmember Bowman and seconded by Councilmember NIcholson to close the public hearing, approve the Negative Declaration in accordance with the California Environmental Quality Act and approve Conditional Use Permit No. 93-18, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry Nicholson and Partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90- 1. FIVE (5l YEAR EXTENSION OF HOTEL REQUIREMENT. NORTHWEST CORNER OF KATEllA AVENUE AND WALKER STREET. ADJACENT TO THE LOS AlAMITOS RACE COURSE: Mayor Partin opened the public hearing. The staff report dated January 11, 1994 requested a continuation of this item to allow additional time to give proper notice of the publiC hearing. It was moved by Council member Nicholson and seconded by Council member Kerry to continue this item to the February 14,1994 City Council meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None CONTINUATION OF CONSIDERATION OF ISSUES FOR RECOMMENDED CITY-WIDE TRAFFIC FEE: The Planning Director summarized the discussion held at the Traffic Fee workshop and presented to the City Council seven speCific action items that required direction from the Council so they could be included in the traffic fee that will be presented on January 31. The seven items were as follows: 1. Council accepted the final mitigation list shown in Table #3 on page 20, adding the Katella Avenue and valley View Street right-of-way as an additional improvement. 2. City Council accepted the City staff estimates that 20% of the mitigation costs can be paid by the City. 3. The Council chose the "No Funding Gap Alternative" (Alternative Cl as the preferred methodology. 4. The Council chose the fee base of "AM & PM" peak. 5. The fee presented will be the cost per square foot method. 6. Indication was given by the Council that for the Shopping Center-Retail uses, "With Reductions" rates should be used; eliminate specialty strip centers as a separate category; for restaurants, it was determined that the ITE fee should be applied "With Reductions"; regarding the Business park category, the 35% TOM should continue to be assumed; for light industrial/warehouse uses, manufacturing, it was directed by City Council to include a 35% TOM assumption; 8 / -.2 .1/1 3~ CITY COUNCIL MINUTES January 24, 1994 and, finally, for corporate/single tenant office, the definitions should be the same but the single tenant fee should be used as the rate. 7. Council agreed that the fee should be based on square footage as shown in Table 4. The actual Resolution and Ordinance adopting the fee will be brought before the City Council at the January 31, 1994 meeting. Councllmember Bowman stated that he was not In favor of Including the existing vacant structures in the traffic fee unless there was a change In use. The City Manager suggested that this Issue be drafted Into the ordinance. It was moved by Councllmember Bowman and seconded by Councilmember Nicholson to continue this item to the meeting of January 31, 1994. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kerry, NiChOlson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION FROM THE CYPRESS PUBLIC SAFETY EMPLOYEES ASSOCIATION REGARDING THE FINANCIAL CONDITION OF THE CITY: The City Manager reported that he had transmitted a copy of the CPSEA's communication to the City Council, which requested them to authorize an independent audit of the City's fiscal condition. Mr. Lee Buzzard, chief negotiator for the Cypress Public safety Employees Association, stated that they have submitted a letter of general concerns associated with the current condition of the City's finances, including a specific request for Council consideration. He complained about not receiving information and not understanding Information associated with the budget as It is produced. Their Independent assessment of the general financial condition of the City also has given rise to some specific conclusions by their financial analyst. They suggest they have a significant factual dispute over the state of the crisis or no crisis that the City Is confronted with in budgetary terms. He then referred to some of the discrepancies perceived by their financial analyst. It appeared that the appropriate thing to do was to hire some reputable firm to perform an Independent review of the budget. He invited the Council to ask him questions on the status of negotiations as they exist at this time. He then Introduced pollee Officer David Blrozy, who wished to address the Council on financial questions. pollee Officer Blrozy expressed concern about the citizens and the officers In the third year without a raise and the second year without a contract. He then asked questions about the City's liability regarding the City Manager's PERS benefit. He also had substantial questions about the CFAC report. Councllmember Age suggested that the January 31 meeting be cablecast to give the CFAC the opportunity to respond to some of the questions and Councilmembers concurred. Officer Birozy stated he would defer his other questions to next week's meeting. Mayor Partin asked for a copy of all the questions and Officer Birozy would prepare that list and provide it to staff. Council member Age expressed a concern that the January 31 meeting hours of 6 p.m. to 10 p.m. would not be enough time. The City Manager responded that the City-wide Traffic Fee urgency Ordinance had to be approved because of the deadline set by another agency, the orange Avenue Specific Plan and Cypress Boys & GirlS Club would be on the Agenda with the main issue being the meeting with the Citizens Fiscal Advisory Committee. Mayor Partin asked if the Council were losing sight of the fact that the meeting was to be a joint meeting with the CFAC to ask questions of them. Council member Kerry remarked that she understood the meeting was with CFAC and the Council and the public was welcome, but It would not be a public in out meeting. Councilmember Age said that she was not planning on making any decisions at that meeting. 9 /- ,,",,' !../ 34 CITY COUNCIL MINUTES January 24, 1994 After further discussion, Officer Birozy continued with his questions to Council about the Citizens Fiscal Advisory Committee. He invited the Council to meet with the CPSEA and discuss the issues he had raised. Councilmember Age requested a copy of the questions be provided to the Chairman of CFAC because many of the questions will require a direct response from the Committee. CFAC Chairman Reynold Elkin explained that the questions asked by Police Officer Birozy came from the Executive summary and not the body of the report, which would have provided some explanations. He clarified that the Committee did not recommend the Sheriff's Department and was stated totally out of context. Their opinion is that the Committee meet with the City Council so they would have the opportunity to explain all of the findings and recommendations made in the report. He had no objection to meeting with the CPSEA and attempting to explain any of it Council member Nicholson suggested that the Council meet with the CFAC and review the various items. The CPSEA had given Council their questions and as they listen, the conversation between Council and CFAC will answer most of their questions. Council member Age clarified that the Council will meet with the CFAC and not debate with the CPSEA. The City Manager proposed that the City staff not be a participant in the discussion until the dialogue is complete because there are issues and questions in the minds of staff that would not be appropriate for comment during the meeting. Councilmember Kerry remarked that if it appeared that more time is needed, then the meeting be continued to TUesday, February 1. She referred to the explanation from the Finance Director regarding the questions from CPSEA and citizens and she suggested that document be read. The Finance Director clarified and responded to each question posed by the CPSEA. The City Manager stated that the City of cypress has continued to be presented the national "outstanding Financial statement Award" year after year which is a national recognition of cities who are the most effective in dealing with the accountability, reporting and consistency of budget and financial statements. Mr. Buzzard had some additional questions on the budget which were responded to by the Finance Director. Responding to Council member Bowman, the Finance Director explained the difference between an audit and a review of the budget. Council member Bowman asked staff to look into the cost of conducting an operational audit by an outside firm. He asked the CPSEA representative if their interest was in knowing how the revenue was spent and if it was accurate and correct. Mr. Buzzard replied that they are interested in two things: a management audit or operational audit with regard to the scope and method of hOw things are done and how money is spent. The CPSEA is also interested in an assessment of financial practice as it relates to the development and promulgation of the budget for the outside reader. After some discussion, Council member Kerry stated that there is a financial crisis within the City, which is the reason the CFAC was formed and why they have made their recommendations. Mayor Partin stated that the City has known that the financial problem has been coming, each year less and less services are performed in the City and now basic services cannot be cut any further or matching funds from other programs will be lost Mr. Buzzard stated that the Association does not accept that the City is in a fiscal crisis and the City is now confronted with a labor relations problem that's so explosive that it's probably gOing to elude control. CONSIDERATION OF CHAMBER OF COMMERCE MAP ARTWORK: The City Manager presented the proposed rendition of the City Map with the color for the back and front covers consistent with the Council's prior direction. The Assistant City Manager suggested that 10 I-.,;J <I 35 CITY COUNCIL MINUTES January 24, 1994 wording be placed on the front and back covers stating "Paid for by the City of Cypress and the Cypress Redevelopment Agency" in the same fashion as the "published by the Cypress Chamber of Commerce" is on the front side. Sheila Elkin, Executive Director, voiced her agreement with the Assistant City Manager's suggestion. It was moved by Councilmember Age and seconded by Council member Nicholson to approve the Chamber of Commerce Map artwork. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF REQUEST FROM THE BOYS & GIRLS CLUB OF CYPRESS FOR A LOAN. IN THE AMOUNT OF S40.000: Mayor partin announced that the Council had continued this item to January 31, 1994. CONSIDERATION OF CATV COMMISSION RECOMMENDATION TO CONDUCT AN AUDIT OF COPLEY/COLONY RATE REGULATION FCC FORM 393 FILING: The Assistant City Manager summarized the staff report dated January 17, 1994, which described the City's certification to regUlate its cable television rates effective October 10,1993. subsequently, the City has received the FCC Form 393 rate regulation initial filing by copley/Colony. After staff had concluded its preliminary review of form and the supporting worksheets, it was realized that several types of figures were used that could not be verified by staff. Discussions were held with the City Attorney's office about the feasibility of the City auditing figures used in completing FCC Form 393 using Diehl, Evans and company to perform a limited procedures audit of copley/Colony's figures. A formal written report would be provided of their analysis, with individual fOllOW-UP meetings with Copley/colony, the City staff and, finallY, with the City Council at the City'S rate regulation public hearing scheduled for March 14, 1994. A report can be completed in a timely manner with their review with Copley/Colony accomplished prior to the CATV Commission's March 3 meeting and the written report would be available to the public at that time. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to: 1) authorize the engagement of Burke, Williams & sorensen, in association with Diehl, Evans and company to provide legal and accounting services to audit copley/Colony Cablevision of Cypress' basic tier cable television rate regulation filing (FCC Form 393) with the FCC; and 2) set the subject public hearing for receiving public comment on the filing for Monday, March 14, 1994 at 7:30 p.m. The motion unanimously carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Partin recessed the meeting at 11:00 p.m. and reconvened at 11:05 p.m. with all Council members present. CONSIDERATION OF REQUEST FOR POLICY DIRECTION REGARDING FREESTANDING SIGNS ON LINCOLN AVENUE: The Planning Director reviewed the staff report dated January 20, 1994, which described two requests for free standing pole.type signs on properties located along Lincoln Avenue. In recent years, the City Council has commonly required monument-type freestanding signage through conditional use permits for new developments city-wide. The City Council has not yet adopted the new Draft Cypress Sign Ordinance and the Lincoln Avenue SpeCific Plan is still being drafted. Until these guidance documents are adopted, the Design Review Committee requests City Council policy direction regarding the preferred type and height of freestanding signage along Lincoln Avenue. A written policy would give clarification to the development community as to the City Council's preference regarding freestanding signage design on Lincoln Avenue. This type of poliCY will also preserve the applicant's right to appeal Design Review Committee denial of a pole-type freestanding sign to the City Council. Council member Age expressed her dislike for the tall pole signs and asked If it were possible to have a waiver informing people that, at some point in time, there will be a 11 --..:-, 36 / ., "'. CITY COUNCIL MINUTES January 24, 1994 sign ordinance In place. If the applicants want to spend the money for the signage, sign the waiver knowing, that In three or four years, they may have to remove the sign. Council member Bowman suggested that pole signs be approved on an Individual basis and if the sign Is approved, It would be until there is a specific plan in place. If the individual does not receive satisfaction through Design Review, they can then go before the Council. The City Attorney cautioned that the waiver has to be structured so the Individual Is well aware at the outset what the circumstances are on pole signs when a sign ordinance is passed. The Planning Director clarified that the signs will be approved, except that the sign might have to be removed or modified after two years and that an agreement be signed to that effect. CONSIDERATION OF ATTENDANCE AT THE 1994 CYPRESS COLLEGE AMERICANA AWARDS BANQUET: The staff report dated January 19, 1994 Indicated that the City Council had received Invitations from the Cypress College Americana Awards Banquet committee, requesting the City participate In this annual event, to be held at the Disneyland Hotel, on March 3, 1994, at the cost of $1 SO/person or $1,soo/table. It was moved by Councilmember Bowman and seconded by Council member Age to purchase a table. Councllmember Nicholson voiced the opinion that a spouse should not be Included and Council members should pay for their respective spouses. Council member Bowman concurred. After some discussion, Council member Bowman remarked that the City should have the responsibility of purchasing a table and If he takes his spouse, he would reimburse the City for that amount. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kery, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF THE AUTHORIZATION OF THE ISSUANCE AND SALE OF THE "COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) 1994 SPECIAL TAX REFUNDING BONDS" AND CERTAIN RELATED ACTIONS: Councilmember Age announced that she would abstain from voting on this Item because It deals with her employer, Bank of America, and she excused herself from the podium. The Finance Director summarized the staff report dated January 19, 1994, WhiCh suggested that, In light of current favorable Interest rates and the progress of the Sorrento Homes development, It Is now advantageous to refund the 1990 Bonds by Issuing new bonds at much lower Interest rates, thereby reducing the annual levy of special taxes and aChieving a net total present value savings of over $1 million. This savings will be passed on to the property owners who pay the annual special tax. The City Council Is requested to consider the attached resolution authorizing the issuance, sale and delivery of refunding bonds and approve the form and the execution and delivery of the documents in substantially the forms as presented. Councilmember Bowman commented that it was incumbent upon the City to notifY the homeowners that they do have the right of a buyout provision. MS. Maryanne Goodkind, Burke, Williams, Sorensen and Gaar, responded to Council questions on taxes, prepayment, buyout provisions and buyout premiums. Councilmember Bowman suggested a notice be given to the purchasers of the property that there is a buyout provision available. The City Manager suggested that those homeowners interested in the buyout provision be invited to a meeting with the experts In attendance to explain the provisions directly. After explanation by the Finance Director, Ms. Goodkind further explained that in this refunding issue, if prepayment is a concern, possibly adding a different kind of redemption category that would be solely for those people who prepay to make sure that they don't have to go for the ten years, possibly five or seven years. The Investor would know that the only time this redemption would occur is in the occurrence of a prepayment. 12 ~ - /3 37 CITY COUNCIL MINUTES January 24, 1994 After some discussion, the City Manager asked If the bond could be bid both ways and determine the difference In the rate before the actual closing. Mr. scott Baldridge, Whipple, Kinsell & O'Neal, Inc., Laguna Nlguel, mentioned the option of a special mandatory call specifically for prepayments of the special tax, the effect that has on the overall yield and Council can then decide what Is beneficial. Council member Bowman suggested that the City Manager and the Finance Director determine what the price of the bonds would be using the two options presented. The Finance Director mentioned that with the longer period of time, the Investment rates will, most probably, start going back up. Council member Bowman, the City Manager and the Finance Director would form a committee to determine which option to choose when the bond consultants return. It was moved by Councllmember Nicholson and seconded by Council member Bowman to adopt the Resolution by title only, title as follows, authorizing the Issuance, sale and delivery of the Community Facilities District No.1 1994 special tax refunding bonds. RESOLUTION NO. 4275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, MAKING CERTAIN FINDINGS AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE COMMUNITY FACILITIES DISTRICT NO.1 (SORRENTO HOMES) 1994 SPECIAL TAX REFUNDING BONDS, IN A PRINCIPAL AMOUNT OF APPROXIMATELY FOURTEEN MILLION EIGHT HUNDRED SIXTY-FIVE THOUSAND DOLLARS <$14,865,000); AUTHORIZING THE RETENTION OF BOND COUNSEL AND AN UNDERWRITER IN CONNECTION THEREWITH; APPROVING DOCUMENTS; AND AUTHORIZING BOND COUNSEL, THE UNDERWRITER AND OTHER PARTIES TO TAKE CERTAIN ACTIONS NECESSARY TO ACCOMPLISH THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Age Due to the lateness of the hour, It was moved by Council member Age and seconded by Councilmember Nicholson to extend the meeting beyond 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 8269 - 84S0: It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to approve Warrants No. 8269 through 84S0 in the amount of $995,103.50. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORAL COMMUNICATION: For Matters Not on the Agenda. The Assistant City Manager, David Barrett, announced that he had taken advantage of an offer of the position of Executive Vice President In private industry and he will be leaving his position with the City effective March 18. Council member Kerry asked about an update on the Airport Land Use Issue. The Planning Director provided the Council with copies of two documents: one is a comment letter from the Business Park owners for comments from Council and.a copy of the AICUZ stUdY as it was modified by the landowners because they met with some representatives of the base and they Indicated that they had some concerns with the 13 38 'I CITY COUNCIL MINUTES January 24, 1994 draft as previously proposed. The noise study that was prepared that the landowners are requesting be considered would be more beneficial to the City of Cypress. The City Manager advised that It would take two actions, I.e., an action to add the Item to the Agenda as an urgency because the communications were not received In time to prepare them prior to the meeting. second, there Is deadline of January 25, 1994 to finalize the response. It was moved by Council member Nicholson and seconded by Council member Bowman to add the AICUZ study to the agenda as Item No. 27A. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Councilmember Age asked how the final determination was to be made and Council member Bowman responded that the Airport Land Use Commission took the comments from the pUblic and representatives from the Base. Those representatives advised that whatever they decide on will be taken to the Department of Defense and they mayor may not incorporate any public comment into the study. A special hearing has been set for February 4 because they haven't received comments from the City of cypress. The Planning Director had a faxed copy of the potentiallY revised standard and requested authorization to send the letter tomorrow to AICUZ and the Airport Land Use Commission. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to direct staff to send the letter to AICUZ and the Airport Land Use Commission. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin. o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORAL COMMUNICATIONS: The City Manager commented on the CPSEA final report and the Finance Director's response to that report and the full report that was made to Council be given to the CPSEA. WRITTEN COMMUNICATION: For Matters Not on the Agenda. None were presented. CLOSED SESSION: Mayor Partin recessed the meeting at 12:05 p.m. in order to hold a closed session. The meeting reconvened at 1:10 a.m. ADJOURNMENT: At 1:10 a.m., Mayor partin adjourned the Council meeting after the Closed Session to 6:00 p.m., Monday, January 31, 1994 in the Council Chamber. /dJ~~ MAYOR OF THE CITY OF CYPRESS ATTEST: F CYPRESS 14