Loading...
Minutes 97-02-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL Held February 10, 1997 The Regular Meeting of the Cypress City Council was called to order on Monday, February 10, 1997 at 4:32 p.m., Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, Mayor TOm Carroll presiding. PRESENT: ABSENT: Councilmembers Bowman, Keenan, Piercy and Carroll Councilmember Jones Also present were City Manager Mark Ochenduszko and Finance Director Richard Storey. MAYOR PRO TEM JONES ARRIVED AT 4:33 P.M. WORKSHOP SESSION: Mid-Year Budget Review The City Manager prefaced the meeting with comments on the mid-year budget review to determine whether the City is on track and to focus on any budgetary problem areas. The Finance Director referred to the staff's summary report on the City's financial status, which indicated that the City is in line with its budget and will have excess funds added to its fund balance at year-end. Lincoln Avenue Specific Plan Issues Present for the Lincoln Avenue program were the Community Development Director Chris Kelly, City Planner Alice Angus and Redevelopment Technician Jim DellaLonga. Ms. Kelly summarized the staff report which addressed the design issues of public streetscape elements, reviewed private design elements including costs and trigger mechanisms, proposed setbacks and the relationship between setbacks and design. The consultant, Woody Dike, provided sketches with overlays to show the Council what could be accomplished with various facade treatments. RECESS: Mayor Carroll recessed the meeting at 6:00 p.m. to enable the Council to meet in the Council Chamber. The meeting was reconvened at 6:05 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels and Storey. CLOSED SESSION: The Mayor immediately recessed the Council meeting to allow Councilmembers to enter into Closed Session to consider the agendized items of Conference with Labor Negotiator (Government Code Section 54957.6) regarding negotiations with the Cypress Mid-Management Employees' Association and Conference with Legal Counsel on Anticipated Litigation (Government Code Section 54956.9(b) The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. 7:00 P.M. SESSION Councilmember Keenan announced that there would be cake served after the Council meeting in celebration of some Council and staff members' birthdays. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman PRESENTATIONS: Mayor Carroll advised that Mr. Christian Nelson of Assemblyman Scott Baugh's office was present to join the City in congratulating each of the former Commission members and presenting them with a certificate. Presentation of a community service Plaque was made to Former Cultural Arts Commissioner Bobbie Bloch by Mayor Carroll. Bill and Frank Noe accepted a Community Service Plaque from Mayor Carroll on behalf of their mother, former Senior Citizens Commissioner Nellie Noe, for her service on that Commission. CITY COUNCIL MINUTES February 10, 1997 Mayor Carroll presented a Community Service Plaque to former Senior Citizens Commissioner Gordon Wibbert, which was accepted by Ms. Verna Dodson. REVIEW OF CLOSED SESSION AGENDA: The City Manager reviewed the workshop session on mid-year budget review and Lincoln Avenue Specific Plan. He also reviewed discussions held during Closed Session on the Cypress Mid-Management Employees Association negotiations. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. No one wished to speak. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC SIGNAL INTERCONNECT DESIGN FOR THE BALL ROAD TRAFFIC SIGNAL INTERCONNECT PROJECT, PUBLIC WORKS PROJECT NO. 9320: The Public Works Director presented the staff report advising that three engineering firms responded to the request for proposal to prepare plans and project specifications for the Ball Road Traffic Signal Interconnect Project. The City has applied for and received funding from various programs through the Orange County Transportation Authority (OCTA) for this interconnect project. Councilmember Bowman mentioned the traffic signal at the intersection of Ball ROad and Valley View Street and he asked for consideration of a protected/permissive left turn light. The Public Works Director responded that the request will be taken before the Traffic Commission and if they want to move forward, it will be incorporated into the design. Councilmember Bowman said that another undesirable aspect of that corner was motorists making a left turn out of the Albertson's parking lot onto Ball ROad at peak hours, cutting across traffic to proceed west on Ball Road. He asked that there be a solution to that problem also. It was moved by Councilmember Jones and seconded by Councilmember Keenan to award a contract for traffic signal interconnect design for the Ball ROad Traffic Signal Interconnect Project, Public Works Project No. 9320 to Hartzog & Crabill, 275 Centennial Way, Suite 208, Tustin, CA 92680 in an amount not to exceed $15,600. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. The City Manager requested that Item No. 13, Consideration of Acceptance of Resurfacing Council Chamber Deck and Stairways, Public Works Project 9627, Request for Quotation NO. 9697-6 be removed because the project is not yet completed. Mayor Carroll asked that Item No. 7, Adoption of Resolution Commending Mr. Darrell ESSEX on being selected by the Cypress College Foundation as the 1997 Americana Award "Citizen of the Year" Recipient From the City of Cypress, be pulled. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Consent Calendar Items No. 2 through 17, with the exception of Items No. 7 and 13. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 2: MOtion tO Approve City Council Minutes of January 25, 1997 and January 27, 1997. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of January 25, 1997, and the Regular Meeting of January 27, 1997, as submitted. CITY COUNCIL MINUTES February 10, 1997 Item No. 3: MOtion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 4: Consideration of Resolution Supporting the Southern California Association of Governments' "California First" Legislative Leadership Summit on April 11, 1997. Recommendation: That the City Council adopt the Resolution by title only, title as follows, supporting the Southern California Association of Governments' "California FirSt" State Legislative Summit, to be held on April 11, 1997, at the University of Southern California, and direct the Mayor to forward letters to our State Legislators inviting them to the Summit. RESOLUTION NO. 4756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' "CALIFORNIA FIRST" LEGISLATIVE LEADERSHIP SUMMIT. Item NO. 5: Continuation of Consideration of Amendment to Design Review Committee No. 95-57 for the Construction of a Parapet for ERA Real Estate, 9917 Walker Street, Cypress. Recommendation: That the City Council accept the withdrawal of the Amendment to Design Review Committee No. 95-57, and waive the fee should the applicant choose to re-applv for a design review consideration. Item No. 6: Consideration of an Application for Alcoholic Beverage License Transfers Filed by Sunstone Hotel Properties, Inc., D.B.A. Ramada Hotel Cypress Care, 5865 Katella Avenue, Cypress. Recommendation: Receive and file. Item No. 8: Consideration of Claim Filed by Mike Fischer, Property Manager of Ball- Moody Investments. Recommendation: Receive and file. Item NO. 9: Consideration of Redesign of City, Recreation and Park District, and Redevelopment Agency Letterhead. Recommendation: That the City Council approve the redesign of the City, Recreation and Park District, and Redevelopment Agency letterhead. Item NO. 10: Consideration of Extension of Ambulance Service Contract With Medix Ambulance Service for 180 Days. Recommendation: That the City Council approve a 180 dav extension of the Ambulance Service Contract with Medix Ambulance Service. Item No. 11: Consideration of Approval of the Plans and Specifications and Authorization to Advertise the Project for Bid for the Widening of the South Side of Orange Avenue From Valley View Street to Peartree Lane for the Installation of an Eastbound Right Turn Lane and Traffic Signal Modifications at the InterSections of Valley View Street/Orange Avenue and Katella Avenue/Holder Street, Public Works Project NO. 9521. Recommendation: That the City Council approve the Plans and Specifications and authorize staff to advertise the project for bid for the Widening of the South Side of Orange Avenue From Valley View Street to Peartree Lane for the Installation of an Eastbound Right Turn Lane, and Traffic Signal Modifications at the Intersections of Valley View Street/Orange Avenue and Katella Avenue/Holder Street, Public Works Project No. 9521. Item No. 12: Consideration of Design Review Committee's Approval of DRC #97-1. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee No. 97-1 - with conditions. 3 CITY COUNCIL MINUTES February 10, 1997 RESOLUTION NO. 4757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-1 - WITH CONDITIONS. Item No. 14: Consideration of a Resolution Approving the City's Participation With the County of Orange in the Mortgage Credit Certificate (MCC) Program. Recommendation: That the City Council adopt the Resolution by title only, title as follows, continuing the City's participation in the County's Mortgage Credit Certificate Program. RESOLUTION NO. 4758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONTINUING THE ClTY'S PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE. Item No. 15: Consideration of Claim Filed bv Steven L. Anderson. Recommendation: Receive and file. Item NO. 16: Consideration of an Application for an Original Alcoholic Beverage License Filed by Chakkapop & Sowvanee Buntukampol, Pissamai Chaiharnswadi and Saran Unatitrakul, D.B.A. Sweetee Thai Cuisine, 10557 Valley View Street, Cypress. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 17: Consideration of a Contract Amendment With the Orange County Transportation Authority for Senior Citizens Nutrition Transportation, Reducing the City's Portion of the Per Ride Rate. Recommendation: That the Cypress City Council, acting as the ex- officio Board of Directors for the Cypress Recreation and Park District, approve the Amendment to the Paratransit Agreement with OCTA, reducing the City's per ride cost for transportation services from $1.54 per passenger trip to $1.18 per passenger trip. Regarding Item No. 7, Consideration of Adoption of Resolution Commending Mr. Darrell Essex On Being Selected as the 1997 Cypress College Americana Award "Citizen of the Year" Recipient From the City of Cypress, Mayor Carroll said that his question had nothing to do with Darrell Essex and asked when the discussion would occur as to who would fill the ten seats at the table purchased bv the City. The City Manager explained that the Councilmembers were contacted first, then the City Manager, City Attorney and department heads. He advised that not all the seats had been assigned. Councilmember Jones mentioned that she believed that some Commission members attended previously and she suggested that the City Manager and Mayor discuss filling any vacant seats with Commissioner members. It was moved by Mayor Carroll and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, commending Mr. Darrell ESSEX on being selected by the Cypress College Foundation as the 1997 Americana Award "Citizen of the Year" recipient from the City of Cypress. RESOLUTION NO. 475g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MR. DARRELL ESSEX ON BEING SELECTED AS THE 1997 CYPRESS COLLEGE AMERICANA AWARD "CITIZEN OF THE YEAR" RECIPIENT FROM THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None END OF CONSENT CALENDAR 4 CITY COUNCIL MINUTES February 10, 1997 DEFERRED BUSINESS: CONSIDERATION OF ADOPTION OF RESOLUTION OPPOSING THE CALIFORNIA CASINO GAMBLING, REGULATION AND TAXATION AMENDMENT: The City Manager reviewed the staff reporl: advising that the City Council, on January 27, 1997, received and filed a report regarding The California Casino Gambling, Regulation and Taxation Amendment. Subsequently, Councilmember Keenan has requested that a Resolution be prepared, which is attached, expressing opposition to the proposed Amendment. Councilmember Bowman suggested that there be an addition to the proposed Resolution that the Council has been contacted by a principle of the LOS Alamitos Race Track and they also have expressed their opposition to the proposed Amendment. Mayor Carroll asked the City Attorney if governmental bodies expressed a position, would they be limiting themselves for any further actions by voting on the Resolution. The City Attorney replied that the Council has the right to adopt the Resolution, taking a position against the proposed amendment and that is clearly protected under state law. The City Council is free to lobby the state legislature to take a position or to propose legislation that would affect this proposed amendment to protect the City of Cypress without running into the problem of using public funds to urge voters to take a position one way or the other. The amendment is at the signature stage, so it is not qualified to be on the ballot yet, but it is qualified to be circulated for signatures. The Council, at this point, can certainly take the position that it is opposed to the amendment. The Council can advise the cities or other individuals with information of what the petition or the amendment would do without advocating a position. As individuals, Councilmembers are free to advocate what position they would like to have people take. The problem is urging people to vote against a petition collectively as a Council. Mayor Carroll referred to a statement in the League of Cities bulletin regarding a recent Fair Political Practices Commission decision on Councilmembers providing informational materials which objectively evaluate a ballot measure or indicating their support or opposition to a measure. The City Attorney said, in his opinion, the Council can take both actions. Councilmember Bowman mentioned that in order to submit a rebuttal, a Councilmember had to participate in the ballot argument initially either for or against. Responding to Councilmember Bowman, the City Attorney believed that if this initiative were scheduled for the 1998 general election, the timeline for gathering signatures on a competing initiative could be met. Councilmember Bowman reiterated his request to add another statement to the proposed resolution that the City did receive correspondence from the Los Alamitos Race Track who were not supportive of the initiative. Councilmember Keenan said that there was a very informative investigative article in the L. A. Times on Sunday attempting to track down the proponent. He believed that this initiative is probably not going to go forward, but he would still endorse the passing of the resolution. He has attempted to dispel some of the rumors regarding the building of a California-style card club at the race track. Councilmember Jones voiced her support of the Resolution and felt it was necessary to send a message that the Council is opposed to any type of casino in the City of Cypress. She thanked Bill Billiter for his work on the L.A. Times article. it was moved by Councilmember Keenan and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, opposing the California Casino Gambling, Regulation and Taxation Amendment, including the additional statement suggested by Councilmember Bowman. RESOLUTION NO. 4760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING THE CALIFORNIA CASINO GAMBLING, REGULATION AND TAXATION AMENDMENT. The motion unanimously carried by the following roll call vote: 5 CITY COUNCIL MINUTES February 10, 1997 AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None NEW BUSINESS: CONSIDERATION OF APPOINTMENT OF ALTERNATES TO THE CYPRESS SENIOR CITIZENS COMMISSION: Referring to the staff report, Mayor Carroll announced that the Council appointed two alternates to the Cypress Senior Citizens Commission. They are Patricia Christopher and William Reimer. He thanked all the applicants for their interest. CONSIDERATION OF ATTENDANCE TO GOVERNOR'S AWARD CEREMONY FOR THE CALIFORNIA CITIES HELEN PUTNAM AWARD FOR EXCELLENCE: The City Manager presented the staff report that referred to the previous announcement that the City's application submitted to the 1996 California Cities Helen Putnam Award for Excellence on the Cypress Park Senior Community Project was selected as one of the award winners. The Governor's award ceremony has been scheduled for Thursday, February 20, 1997 at the Sacramento Community Convention Center. Although the notice indicated that attendance is limited to four people per award, staff has contacted the Institute and was advised that we may designate up to ten representatives. Councilmember Piercy suggested that the previous Council and perhaps the previous City Manager be invited to the awards ceremony. She would like to invite them and she felt that they participated and should be the persons present. Councilmember Bowman said those individuals who were a part of the City government responsible for the Cypress Park Senior Community Project were Councilmembers Gall Kerry, Cecilia Age, Walter Bowman, Richard Partin and Joyce Nicholson. The School District's representatives were Superintendents Bill Calton and Bill Eller and whoever was on the School Board at that time. He also mentioned the developer, Leon Hyter, who pulled the whole project together. Councilmember Jones said some of the slots should go to the school district and asking a member of the press was a very good idea. She suggested four spaces go to the School District, including Bill Eller, and he could decide who the other representatives should be. The rest of the spaces be allotted to the City for Councilmembers, staff and the press. Councilmember Keenan said he felt that the Community Development Director should be considered as a participant. Mayor Carroll agreed with the four spaces to the School District. With all respect to former Councilmembers, he believed the current members should get first preference. He mentioned the current City Manager, the Mayor and Mayor Pro Tem. Councilmember Piercy suggested Councilmember Bowman participate. She would step down and would sincerely like to have some of the previous Councilmembers offered the opportunity to participate in the award ceremony. Councilmember Jones concurred with the choice of Councilmember Bowman to attend and she did agree with the Mayor's suggestion to include Chris Kelly and Mark Ochenduszko. Councilmember Keenan concurred that the Mayor, Mayor Pro Tern, Councilmember Bowman, Chris Kelly and Mark Ochenduszko be the City's participants in the award ceremony. Councilmember Bowman said that the previous Council was instrumental in this project and if any of the representatives can't attend, then that place should be offered to one of them. In responding to the Mayor, the City Manager suggested he contact the Mayor for direction if any of the attendees were unable to go. It was moved by Councilmember Jones and seconded by Councilmember Keenan to designate Mayor Carroll, Mayor Pro Tem Jones, Councilmember Bowman, City Manager Ochenduszko and Community Development Director Kelly to represent the City at the CITY COUNCIL MINUTES February 10, 1997 Governor's Award Ceremony for the California Cities Helen Putnam Award for Excellence. The motion carried with the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Jones, Keenan and Carroll I COUNCILMEMBERS: Piercy 0 COUNCILMEMBERS: None Councilmember Jones clarified that the City would like Bill Billiter of the L.A. Times to be the press representative at the Awards ceremony. Councilmember Keenan noted that there were other press representatives present. CONSIDERATION OF APPOINTMENT OF COUNClL'S REPRESENTATIVES TO THE LINCOLN AVENUE ASSOCIATION FORMATION STEERING COMMITTEE: The City Manager summarized the staff report requesting consideration of the appointment of two Councilmembers to serve on the Lincoln Avenue Association Formation Steering Committee. Councilmember Piercy and Mayor Carroll each volunteered to serve on the Committee. Mayor Carroll said he had met with the Committee who thought they needed and wanted more input from the Council for direction and support. It was moved by Councilmember Keenan and seconded by Councilmember Jones to designate Mayor Carroll and Councilmember Piercy to serve on the Lincoln Avenue Association Formation Steering Committee. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 24628 - 24829: It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Commercial Warrant LiSt for Warrants NO. 24628 through 24829 in the amount of $1,146,257.15. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: FOr Matters NOt on the Agenda. Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, spoke about children and their safety because he did not believe that the City has done enough to protect them. He suggested the entire community put a Neighborhood Watch signs in the windows in their homes. The Neighborhood Watch Program has been forgotten. Also, years ago, a little plaque was available to put in windows advising children that this home was available to help if a child felt endangered. He urged the Council to encourage everybody in the community to post Neighborhood Watch signs on the front of their house. Mayor Carroll said that he had two invitations to BOy SCOUt Eagle Courts of Honor and he asked that all Councilmembers receive copies of the invitations. The City Manager will have resolutions prepared and made a part of the City's practice for Eagle Scout Courts of Honor. Also, copies of the invitations will be made and distributed to all Councilmembers. Mayor Carroll mentioned letters received on the City's Oversized Vehicle Ordinance not being strict enough and another letter berating the City for setting up regulations making it difficult for people to park their motor homes. The Mayor announced that the Cypress Federal Little League is going to conduct opening day ceremonies March I at Oak Knoll Park. Councilmember Piercy mentioned that the Cypress Girls Softball League is going to have their opening ceremonies at 9 a.m. on February 22 at Cypress Arnold Park. Mayor Carroll said that February 13 is the General Meeting of the League of Cities with attendance open to all Councilmembers. 7 CITY COUNCIL MINUTES February 10, 1997 A notice was received from Prudential Spirit of Community Initiative that Brian Harris, Cypress High School, has been chosen the State's top high school student volunteer in their award program and he will receive a $1,000 award. Councilmember Jones asked the City to provide a proclamation. Councilmember Keenan asked that the Political Sign Ordinance, especially sign removal during a political campaign, be placed on a future agenda for Council review. Mayor Carroll referred to some newspaper articles on Representative Loretta Sanchez husband fined for unauthorized removal of political signs and the Commerce Club fined for secretly funding the issue of a poker club. The OCTA has a proposal to centralize the taxicab permits so they can perform the permit process rather than the cities. He suggested this issue be reviewed. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Carroll adjourned the meeting at 8:00 p.m. to 4:30 p.m., Monday, February 24, 1997. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS