Minutes 97-03-24MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 24, 1997
The Regular Meeting of the Cypress City Council was called to order at 4:32 p.m.,
Monday, March 24, 1997 in the Administrative Conference ROOm, City Hall, 5275 Orange
Avenue, Cypress, Mayor TOm Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Jones, Keenan, Piercy and Carroll
None
Also present were the City Manager Mark Ochenduszko, City Attorney John Cavanaugh,
staff members Christoffels, Kelly and Storey.
WORKSHOP SESSION: Meeting with Supervisor James Silva, Lincoln Avenue Specific Plan
and Telephone System.
The Council met with Supervisor Silva, at his request, to ask how he could serve the City
of Cypress and to hear some of the issues related to the City.
An update on the Lincoln Avenue Specific Plan on the work being done by the
Committee and design alternatives were presented by Consultant Woody Dike.
The pros and cons of retaining the existing Centrex System or replacing it with a PBX
system was presented to Council, along with the need for new telephone equipment,
voice mail and voice cabling.
RECESS: Mayor Carroll recessed the meeting at 6:15 p.m. to allow the Council to continue
the meeting in the City Council Chamber. The meeting reconvened at 6:27 p.m. with all
Councilmembers present and the City Manager and City Attorney.
CLOSED SESSION: Mayor Carroll immediately called a recess to enter into Closed Session
to discuss the agendized item of Conference with Legal Counsel - Existing Litigation
(Government Code Section 54956.9(a), Workers' Compensation Appeals Board Case No.
VNO 311488, Retirement Disability Application of Kathleen Tautkas. The meeting
reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City
Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and
Police Lt. Schaefer.
7:00 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led bv Councilmember Keenan.
Mayor Carroll mentioned that Police Chief Daryl Wicker is in the hospital and wished him
well for a speedy recovery.
REVIEW OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager summarized the conversations that took place during the Workshop
Session.
The City Attornev reviewed discussions held during Closed Session on the agendized
item of Workers' Compensation Appeals Board Case No. VNO 311488 on the Retirement
Disability Application of Kathleen Tautkas.
PRESENTATIONS:
Mayor Tom Carroll, along with members of the Cypress Police Department, Lt. John
Schaefer, Officer TOm Siviglia and Community Service Officer Pam Kelch, recognized and
presented badges to ten members of the Cypress Police Department Police Explorer
Post 1036.
ORAL COMMUNICATIONS: For Matters NOt on the 7:00 p.m. Agenda.
None were presented.
AWARD OF CONTRACTS:
CITY COUNCIL MINUTES March 24, 1997
STREET RESURFAClNG AT 9991, 9971 AND 9951 DENNI STREET, PUBLIC WORKS PROJECT NO.
9701: The City Manager asked the Public Works Director to present the staff report
which recommended the award of a contract for the street resurfacing of Denni Street
fronting 9991, 9971 and 9951 Dennl Street. Six bids were received for the project which
consisted of removal of the top six Inches of street and the construction of six inches of
reinforced concrete over the compacted surface. City maintenance crews have repaired
the failed areas several times; however, due to the high water table in the area and
poor subgrade the pavement deteriorates sooner than expected.
Responding to Councilmember Keenan, the Public Works Director replied that the
homes were built so long ago, it would be difficult to claim a material defect in the
original construction.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to:
Determine the lowest responsible bidder for Public Works Project No. 9701 to be
J. B. Bostick Company Inc.; and
o
Award a contract for street resurfacing at 9991, 9971 and 9951 Dennl Street to J.
B. Bostick Company, Inc., 2870 E. La Cresta, Anaheim, California 92632, in the
amount of $17,368.80 (award amount of $14,474.00 plus 20% contingency).
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
SEISMIC RETROFIT DESIGN OF LINCOLN AVENUE BRIDGE AT COYOTE CREEK CHANNEL, PUBLIC
WORKS PROJECT NO. 9620: The Public Works Director summarized the staff report
requesting an award of contract to an engineering firm to prepare the final design for
seismic retrofit of Lincoln Avenue Bridge at Coyote Creek Channel. The City is managing
the seismic design at the State's request and will be reimbursed for all the costs
associated with this contract. In order to prepare Plans, Specifications and Estimate, the
City sent out requests for qualifications and four engineering firms responded.
It was moved by Councilmember Keenan and seconded by Councilmember Piercy to:
Approve an Increase of estimated revenues from Caltrans in the Miscellaneous
Grant Account No. 3525-15-999-99 in the amount of $65,515.00;
o
Appropriate $65,515.00 from the unreserved fund balance of the Capital
Improvement Program Fund to Account No. 4186-15-800-21 for this project; and
Award a contract for Seismic Retrofit design of Lincoln Avenue Bridge at Coyote
Creek Channel, Public Works Project NO. 9620, to Martin & Kane, Inc., 1401 Dove
Street, Suite 640, Newport Beach, California 92660, in an amount not to exceed
$65,515.00.
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
PURCHASE A REPLACEMENT AERIAL BOOM TRUCK FOR THE TREE MAINTENANCE DIVISION
REQUEST FOR QUOTATION NO. 9697-15: At the request of the City Manager, the Public
Works Director reviewed the staff report which Indicated that four bids were received
to replace a 16 year old aerial boom truck utilized by the City's tree trimming crews. He
noted that while the low bidder did not produce exactly what was originally specified,
when the bids are solicited, It says "or equivalent" to allow other manufacturers to
compete. Staff has looked at what was provided and deemed it an equivalent piece of
equipment.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
award a contract to purchase a Simon Telect TPL-33 aerial boom on a GMC truck chassis
as a low bid equivalent to the bid specifications outlined In Request for Quotation No.
9697-15, from Simon West Coast, Inc., 14670 Randall Avenue, Fontana, California 91750, in
CITY COUNCIL MINUTES March 24, 1997
the amount of $61,16(3.32. 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
In response to a question from the audience, Mayor Carroll said that Oral
Communications were opened and no one wished to speak. Mr. Wostenberg, a member
of the audience, noted that Oral Communications for Matters Not on the 7:00 p.m.
Agenda was opened but Matters on the 7:00 p.m. Agenda was not. Mayor Carroll then
asked if there were any ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:00
p.m. Agenda.
Mr. Alex Sinth, Long Beach, an emplovee of Altec Industries, Inc. and one of the bidders
on the aerial boom truck, commented that the specification on the aerial device called
for an ALTEC TA35 or equal. The low bid was a 33 foot aerial, which Is two feet shorter
and height is what Is paid for. If the qualifications had been lowered so the standard no
longer required a 35 foot aerial, he would like a chance to rebid or the company that
was low bid bump up into a model that Is at least as tall as the one called for.
The City Manager asked for the opportunity to review this matter with the City
Attorney. If appropriate, it will be brought back to Council.
Mr. Bill Wostenberg, 4290 Livermore Place, Cypress, referred to Item No. 16, Auto-related
Uses within the Lincoln Avenue Specific Plan Overlay Area, expressed his support of a
moratorium because there is a need to come up with a plan of future use of land within
the City. He felt there wasn't a need for more auto-related businesses in the City.
Regarding the Purchase of a Replacement Aerial Boom Truck for the Tree Maintenance
Division, the City Attorney stated, for the record, there was a vote to award the
contract but a motion for reconsideration was needed to continue Item No. 3. It was
moved by Councilmember Bowman and seconded by Mayor Carroll to reconsider the
award of contract for the purchase of a replacement aerial boom truck for the Tree
Maintenance Division. 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
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
continue this Item to the Council meeting of April 14, 1997. The motion unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 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.
Mayor Carroll commented that revised pages 10 and 17 of the City Council Minutes of
March 10, 1997 were Included. Councilmember Jones asked that Item No. 4, City Council
Minutes of March 10, 1997, be removed. Councilmember Keenan requested that Item
No. 12, Approval of Joint Use Agreement With the Cypress School District, be pulled.
It was moved by councilmember Bowman and seconded by Councilmember Jones to
approve the Consent Calendar Items No. 4 thrOUgh 12, with the exception of Items No. 4
and 12. 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. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
CITY COUNCIL MINUTES March 24, 1997
Item NO. 6: Application for Alcoholic Beverage License Transfer Filed by Klranjit Flower,
D.B.A. A & K Enterprises (ARCO AM/PM Mini Market), 5012 W. Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item NO. 7: Application for an Original Alcoholic Beverage License Filed by Kenneth
wayne Rossner, D.B.A. Valuetinas Pizza, 4911 Lincoln Avenue, Cypress.
Recommendation: Receive and file.
Item No. 8: Application for an Original Alcoholic Beverage License Filed by James D.
Miller, D.B.A. Players Pizza and Grill, 9937 Walker Street, Cypress.
Recommendation: Receive and file.
Item No. 9: Design Review Committee No. 97-4 - Exterior Remodel of Lucy's Pizza, 4720
Lincoln Avenue and Howard's Coffee Shop, 4780 Lincoln Avenue and Addition of a New
Driveway at 4700-4780 Lincoln Avenue and Design Review Committee No. 97-7 -
Installation of New Monument Sign for TOyO Tires, 6415 Katella Avenue.
Recommendation: That the City Council Adopt the ReSolutions by title only, titles as
follow, approving Design Review Committee Nos. 97-4 and 97-7 - with conditions.
RESOLUTION NO. 4771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-4 - WITH CONDITIONS.
RESOLUTION NO. 4772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 97-7 - WITH CONDITIONS.
Item No. 10: Acceptance of the Street and Storm Drain Work at Corporate Avenue,
Public Works Project NO. 9643.
Recommendation: That the City Council: 1) Accept the project for Street and Storm
Drain Repair Work at Corporate Avenue, Public Works Project No. 9643, as being
satisfactorily completed in conformance with the project specifications; and 2) Approve
the final retention payment of $1,420.00 to Grbavac Construction Company, Inc., 10519
Freer St., Temple City, CA 91780, 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.
Item No. 11: Monthly Investment Program for the Month of February 1997.
Recommendation: Receive and file.
Regarding Item No. 4, City Council Minutes of March 10, 1997, Councilmember Jones
mentioned two items for discussion and the Mayor clarified that the revised pages 10
and 17 of the Minutes were being considered. Councilmember Jones said that the
revised Minutes reflect the action that was taken with regard to Via Maria and she would
like them to stand. Councilmember Keenan seconded the motion. Councilmember
Bowman said that, in his opinion, the minutes should accurately reflect discussions at
the meeting and he quoted the paragraph eliminated in the revision. He said, for the
record, "during the past several years I've been on the Council, I don't ever recall that
we deleted something from the Minutes. Now this is going to be on the tape, it's not
going to be deleted from the tape. I believe that anyone that watched that Council
meeting knew the tenor of that meeting, knew what was going on in that meeting. I
don't believe It's necessary to go back and start deleting anything out of what was said
at that meeting. I've had plenty of things said about me and I have never in all the time
I've been on the Council nor none of my colleagues ever deleted anything, any
statement like this from the minutes, and I think this Is a very poor precedent."
Councilmember Jones said the March 10 meeting was pure theater and, in the past,
when people were busy name-calling, a lot of that didn't get into the minutes because it
did not reflect the Issue and the Via Maria issue was very serious. She felt that what Mr.
4
CITY COUNCIL MINUTES March 24, 1997
Beaber said were total lies, innuendos and cannot be substantiated and took place two
years ago. She asked the City Attorney his opinion regarding the minutes.
Mayor Carroll said the issue before the Council is: can the City Clerk or the City Manager
edit the Minutes or must they have a verbatim transcript.
The City Manager, at the request of the Mayor, explained the continuum from action
minutes at one end to verbatim minutes, which is a written transcript of exactly what
happened. The City maintains a verbatim transcript in tape recorded form and
maintains action minutes that attempt to describe the actions taken by the City Council
and the primary discussion related thereto. The City Clerk or the City Manager have
typically, at the request of Councilmembers, made a change to the minutes if that
editorial change was consistent with the Code and using their judgment whether or not
it was an editorial change or material to the decision being made by the City Council.
There is some discretion.
The Mayor asked the City Attorney if It was legal for the City Manager or the City Clerk to
make the change. The City Attorney replied in the affirmative. The minutes are a
summary and the particular language that was modified falls within that discretion.
Councilmember Piercy noted that If the one paragraph is dropped, then the next
paragraph doesn't make sense.
Councilmember Jones said she would amend her motion to delete the second
paragraph as well.
Councilmember Bowman said this City went through a tremendous upheaval in the City
in the last two or three years and never went through anything like this to try to
rewrite history. Councilmember Jones said that the statement had nothing to do with
the issue and the revocation hearing. Councilmember Bowman stated that there have
been other statements made that were obvious falsehoods in the Council Chamber and
they never went back and deleted those out of the minutes. Councilmember Jones still
felt that the statement was immaterial to the discussion and should be deleted. She
made her motion again, Councilmember Keenan seconded the motion. Councilmember
Jones called for the question.
Mayor Carroll felt more debate was needed and whatever people say goes into the
minutes. The City Manager must have some prerogative to edit the minutes so they are
not a verbatim transcript and he wanted to keep that open for the City Manager. He
wished to preempt the motion on the floor and vote on whether the Council wants
verbatim minutes or the City Manager or the City Clerk have some license to modify the
transcript. Councilmember Jones remarked that would have to be a separate agenda
item. The City Attorney agreed and the Council would be prohibited from acting on it
at this time.
Councilmember Piercy asked what the motion was because there were two corrections
to be made.
Councilmember Jones stated the motion would be to accept the amended minutes with
the deletion of the two paragraphs. She took issue with the fact that the minutes did
not mention the call took place in 1995, had nothing to do with the revocation and is
not reflective of what went on that night. She said language could be added stating
that, "He received a threatening phone call in 1995 regarding the recall election and he
completed a police report. He alleged that the person who made this call was Mary Ann
Jones." This language would be much more reflective of what occurred.
Councilmember Bowman said it is important that the gist of the conversation be
included in the minutes, which is the object.
Mavor Carroll asked that the date of the Dolice report be added to the minutes.
Councilmember Bowman said he would be willing to approve the original minutes,
specifying the date of the phone call.
The City Manager advised that there is a motion and second on the floor and that would
have to be withdrawn. Councilmember Jones withdrew her motion and Councilmember
Keenan withdrew his second.
CITY COUNCIL MINUTES March 24, 1997
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
approve the minutes with the amended minutes that were submitted with the change
on page 10 relative to the Via Maria issue and add the date that the phone call was
made in 1995. Councilmember Jones added that Mr Beaber's statement "was totally
inaccurate, false and irresponsible theater on the attorney's part. In the police report
that he gave, there was no mention of identification of anyone and, in fact, he could
not identify anyone. I did not make, nor would I think of calling the Via Maria for any
reason."
In response to Councilmember Piercy, Councilmember Jones clarified that her motion
was to accept the amended vote on page 17, delete the amended minutes for page 10
and go back to the original statement and add, "1995."
At Councilmember Bowman's request, the City Manager reiterated the motion. The first
section is on page 10, the originally submitted minutes, including paragraph 3, starting
with "Mr. Beaber" will remain, ending the first sentence with "...had completed a police
report on October 10, 1995" and the next paragraph would also remain in the minutes,
changing the word "said" to "alleged." Page 17 would be modified as submitted with
the revisions by staff which clarified the vote. 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
In regard to Item No. 12, Approval of Joint Use Agreement with the Cypress School,
District, Councilmember Keenan asked if the City was charging back fees for security
personnel. The Recreation & Parks District Director replied that the only events
requiring security personnel are those offering alcohol, but it is a trade off between the
two agencies. It was moved by Councilmember Keenan and seconded by
Councilmember Jones that the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, approve the Joint Use Agreement
with the Cypress School District. The motion 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
DEFERRED BUSINESS:
AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) TO EXCHANGE
CITY GENERAL FUNDS FOR OCTA GAS TAX REVENUES: The Public Works Director summarized
the staff report which advised that this item was continued from the March 10, 1997
City Council Meeting. As part of the Orange County bankruptcy settlement, the Orange
County Transportation Authority (OCTA) was required to give the County $38 million a
year for 15 years from their unrestricted bus operation funds and receive in exchange
from the County $23 million a year in restricted gas tax funds for 16 years. Since gas tax
funds are not eligible for bus operations, OCTA must find a way to exchange these gas
tax funds for a funding source that can be used to maintain the integrity of their bus
operations. A solution to this problem has been worked out with a fund exchange
agreement, which provided a mechanism to allow an exchange of unrestricted city
general funds currently being used by cities to meet Measure M "Maintenance of Effort"
requirements, for OCTA gas tax funds. The agreement will not have any fiscal impact to
the City.
Responding to Councilmember Bowman, the City Attorney believed this was
distinguishable with respect to the gas tax and felt that the City would be adequately
l~rotected in the event it was challenged.
Mayor Carroll commented that he would be surprised if the agreement held, but he
would vote in favor of it with Council review in a year.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
authorize the City Manager to execute the agreement to exchange certain City general
funds currently being used to meet the City's Measure M "Maintenance of Effort"
requirement for OCTA gas tax revenues. Councilmember Jones suggested it be brought
6
CITY COUNCIL MINUTES
March 24, 1997
back in a year and the City Manager advised that is what the agreement calls for and he
assured Council that it would be reviewed next year. 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
COUNCIL REVIEW OF CURRENT NONCOMMERCIAL AND POLITICAL SIGN ORDINANCF: The City
Manager asked the City Attorney to present the staff report that had been continued
from the March 10, 1997 Council meeting. The report provided the City Council with the
current noncommercial and political sign ordinance for the City of Cypress. The current
ordinance regulates noncommercial signs, including political signs, on both public and
private property within the City of Cypress.
Councilmember Keenan said he had addressed this issue prior to becoming a
Councilmember and his complaint was the lack of consistency with the regulation of
commercial signs vs. noncommercial or political signs. He read from an article from the
League of Cities magazine, "Western City," March 1997 regarding sign ordinances. There
has been a double standard in the past regarding enforcement and he would like to set
a standard and enforce it.
Councilmember Bowman asked if it was the intention to control real estate signs and
Councilmember Keenan replied in the negative and said he would like to look at the
usage and application of commercial, noncommercial and political signs and bring them
in line with each other.
Councilmember Bowman said that commercial and political signs are not allowed in the
public right of way and real estate signs are pre-empted by other laws.
Mayor Carroll commented that he would like to have an estimate from the City Attorney
to revise the sign ordinances. The City Attorney said there is a portion of a sign
ordinance that has been revised and there are inconsistencies that have developed.
Mayor Carroll said he would like vandalizing and stealing political signs dealt with.
Councilmember Bowman agreed that a lot of money should not be spent, stating there
is a state law in place and the City cannot do more than the State law allows. The City
Attorney agreed.
Councilmember Keenan mentioned the issue of fee charges for the collection and
replacement of signs posted in the public right-of-way.
Responding to Councilmember Jones, the Community Development Director advised
that there is a workshop planned on the sign ordinance and perhaps more direction
could be gathered from Council at that session.
After some additional discussion, it was moved by Councilmember Jones and seconded
by Councilmember Keenan to review the current Noncommercial and Political Sign
Ordinance at the May 12, 1997 workshop. Councilmember Bowman said he felt that the
majority of the citizens do not want signs in the public right-of-way and he would vote
against it. The motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll
I COUNCILMEMBERS: Bowman
0 COUNCILMEMBERS: None
ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY COUNCIL TO REVIEW CONFIDENTIAl
RECORDS RELATING TO SALES AND USE TAX INFORMATION FROM THE STATE BOARD OF
EQUALIZATION: The CiW Manager asked the Finance Director to present the item bV
which the adoption of a Resolution would authorize the City Council to review
confidential records relating to Sales and Use Tax information from the State Board of
Equalization. Staff had conducted a survey of Orange County cities regarding the
dissemination of confidential Sales and Use Tax information. A brief overview of the
survey was included with the staff report.
Mayor Carroll had written some additional conditions for this item and asked that they
be displayed on the ELMO.
7
CITY COUNCIL MINUTES March 24, 1997
Councilmember Keenan clarified that the survey conducted by the Finance Director
showed that there are cities that do allow the review of certain sales tax numbers in
specific instances. The Finance Director stated that there are some cities that indicated
if there was a governmental need by the City Council, they would provide that
information, but, at this time, they do not submit it as a regular report.
Mayor Carroll referred to his list of five additional conditions and provided explanations
on each item.
Councilmember Bowman recalled only one incident in which this type of information
would have been helpful to the Council. He felt that anyone that does or could do
business with any business in the City of Cypress, could have a potential conflict. He
commented that it would be risky and recommended the status quo be maintained.
Mayor Carroll commented on the "need to know," and at his request, the Finance
Director provided the sales tax revenues for the last three years. Mayor Carroll stated
that the City of Cypress has a set of unique circumstances which makes their need to
know greater than some other cities which happen to have a very broad sales tax base.
Councilmember Piercy questioned whether businesses in Cypress would have come to
this City had they known their sales and use tax information would be made available to
the Council. She did not believe the City Council needed this information because it is
one more issue to cause problems.
Councilmember Jones said she had brought this item up from a business perspective.
Her purpose was to be aware of the risk in the City's revenue stream. The City is only
interested in a broad overview so the Council can understand the risks to the revenue
stream and it is in the best interests of the citizens for the Council to be able to review
and understand the revenue that is helping fund City services. She asked the City
Manager to reveal his experience with other cities in divulging this information to the
City Councils.
The City Manager said that, as City Manager In a previous City, the information was
provided confidentially and occasionally to the Council in a letter which was not part of
a public meeting or closed session. The information was used for purposes of
budgetary decisions, economic development and business retention decisions.
Councilmember Jones felt it was important information and the Council could be more
effective leaders with the controls imposed as suggested by the Mayor and limit the
information from a very few number of firms.
Councilmember Keenan commented that other cities make this information available to
their Councilmembers. The City of Cypress needs to stay focused on the retention of
every asset in the City and optimize those resources. There has been far too much
secrecy and withholding of information from people who can best put that information
to work for the betterment of Cypress.
Mayor Carroll said that previous Councils have known the parameters of sales tax
revenues of certain companies and that did not frighten them from coming to this City.
Councilmember Bowman remarked that we are not talking about people coming into
the City but businesses that are already in the City.
Councilmember Piercy commented that less government is best and if the Council
wishes to determine a business' revenue, general, and not specific, information would
be sufficient.
It was moved by Councilmember Jones that the City Council be given the sales tax
information based on the parameters that Mayor Carroll has recommended, which
would include the top ten producers, the information does not leave the room, include
any producers that aren't in the top ten that might have received benefits from the
City of Cypress in the form of incentive returns, a penalty for improper disclosure and
the conflict of interest provision. Mayor Carroll said that this was a very emotional
subject and asked Councilmember Jones if she would consider continuing this item.
Councilmember Jones felt that a decision could be made tonight. Mayor Carroll stated
he would like more time to consider this item. Councilmember Jones agreed to amend
her motion to continue this item to the City Council meeting of April 14, 1997. Mayor
8
CITY COUNCIL MINUTES
March 24, 1997
Carroll seconded the amended motion and it was 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
RECESS: Mayor Carroll recessed the meeting at 8:50 p.m. and reconvened the meeting at
9:03 p.m., with all Councilmembers present.
DISCUSSION OF AUTO-RELATED USES WITHIN THE LINCOLN AVENUE SPECIFIC PLAN OVERLAY
AREA: At the request of the City Manager, the Community Development Director
presented the staff report advising that recently the City has received a number of
requests for new or expanded auto-related uses for locations within the Lincoln Avenue
Specific Plan Overlay Area/Lincoln Avenue Redevelopment Project Area. Staff is
concerned that a proliferation of such uses is contrary to the pedestrian orientation
that is being fostered in the draft Specific Plan. Currently, the City is in the process of a
comprehensive Zoning Code update that, among other items, will look at automobile
repair parking standards. The City is also in the process of refining the draft Lincoln
Avenue Specific Plan which will guide revitalization within the area. There is concern
that the continual processing of individual request for auto-related uses located in the
Lincoln Avenue Specific Plan Overlay Area may be inconsistent with future Zoning Code
regulations as well as the Lincoln Avenue Specific Plan.
Alice Angus, City Planner, showed slides of Lincoln Avenue starting from the eastern
edge of the City to its western boundary, noting the auto-related businesses. The
Community Development Director stated that staff is looking for input from Council on
what direction the City should take. Councilmember Keenan noted that there are many
auto-related businesses on Lincoln Avenue and he would support staff's
recommendation.
Councilmember Jones asked how applications on file would be treated and the
Community Development Director responded that when the ordinance is adopted, the
Council selects the time when the ordinance will be effective. The City Attorney advised
that since the ordinance takes effect immediately, the Council would have the
opportunity to determine what applications would be affected. He further advised that
State law controls the length of this type of Urgency Ordinance until staff has had the
opportunity to adequately study the issue.
Councilmember Piercy expressed reservation on the placing of a moratorium when
there are auto-related applications on file. She felt that the applications on file should
be precluded from the moratorium.
After some discussion, Councilmember Bowman remarked that when talking about the
Lincoln Avenue Redevelopment, nodes of activity were mentioned. Nodes of activity
for auto uses is being done. He mentioned Mayor Carroll's suggestion of placing a time
limit on some of the uses and setting design standards on these uses.
Councilmember Jones referred to the redevelopment plans presented by the architects
have been to create pedestrian centers at the Lincoln Avenue intersections. She felt
that it was time to review the process, analyze it and assure that the nodes of activity
are created in the proper places.
Councilmember Keenan said that the proliferation of auto-related uses is a deterrent to
bringing business into Cypress. He felt that the moratorium would give the Council a
chance to review the process and provide staff with direction.
Councilmember Piercy stated that some of the automotive uses on Lincoln Avenue have
been there for a long time and they have to be considered. She would consider a
moratorium on additional auto-related uses but not moving out existing businesses.
The City Attorney explained that the Urgency Ordinance would place a stay on
development in this particular area in order to allow staff to perform appropriate
studies.
Mayor Carroll would support a 45 day moratorium to allow staff to conduct their study.
9
CITY COUNCIL MINUTES March 24, 1997
Councilmember Jones asked the City Attorney to respond to any problems that might
arise from a Conditional Use Permit with a time requirement. The City Attorney replied
that there is always the question of enforcement.
Councilmember Bowman stated that Redevelopment is supposed to step in when the
private section can't act and it sounds like the City is going to make those decisions for
the economy. He would support a study for 45 days, excluding those applications on
file.
The City Manager noted that the question before the Council is do they want to direct
staff to prepare an Urgency Ordinance for their consideration, which will create a 45 day
moratorium for review of the work plan to be brought back to Council.
It was moved by Councilmember Bowman and seconded by Mayor Carroll to direct staff
to prepare an Urgency Ordinance which would create a 45 day moratorium on the
acceptance and processing of conditional use permits for auto-related uses within the
Lincoln Avenue Specific Plan Overlay Area, pending the studies of both the Zoning Code
update and the Lincoln Avenue Specific Plan, excluding the three applications already on
file with the City. 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
NEW BUSINESS:
ORANGE COUNTY TRANSPORTATION AUTHORITY PROPOSAL TO ADMINISTER TAXI SERVICE
LICENSING ON A COUNTYWIDE BASIS: The City Manager requested Police Lieutenant
Schaefer to present the staff report which indicated that the licensing, administration
and regulation of taxicab service is currently accomplished independently by each City
in the County and by the Orange County Transportation Authority for the County of
Orange. The Orange County Transportation Authority (OCTA) has proposed that licensing
and administration of taxicab services in the County of Orange be centralized under the
Orange County Transportation Authority in a program known as the Orange County Taxi
Administration Program (OCTAP). Should sufficient jurisdictions within the County desire
to proceed with a centralized authority for taxicab administration, the OCTA will
proceed in developing both administration procedures and processes with
representation from each participating jurisdiction and establish a transition plan for
implementation of the OCTAP program.
Councilmember Bowman commented that the OCTA appeared to be creating another
bureaucracy and he would vote against the City's participation in the OCTAP program.
Councilmember Jones agreed with Councilmember Bowman and expressed her
opposition to the program unless there was a compelling reason.
Mayor carroll said that Cypress should decide what taxicabs would operate in Cypress,
not the OCTA.
Councilmember Piercy clarified that if a taxicab operator wanted to drive in 31 cities in
Orange County, he would have to approach each of those cities for a license. Lt.
Schaefer advised that the proposed program would strive to standardize the operating
requirements across the County.
It was moved by Councilmember Bowman and seconded by Councilmember Jones not
to approve the participation of the City of Cypress in the OCTAP program. The motion
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEMBERS: Bowman, Jones and Carroll
2 COUNCILMEMBERS: Keenan and Piercy
0 COUNCILMEMBERS: None
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 25224 o 25443: It was
moved by Councilmember Jones and seconded by Councilmember Bowman to approve
the List for Warrants No. 25224 through 25443 in the amount of $1,023,775.36. The
motion unanimously carried by the following roll call vote:
10
CITY COUNCIL MINUTES March 24, 1997
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio
Governing Board of Directors. No one spoke on this item.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Actir]g as the
Cypress Redevelopment Agency. No one wished to speak.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Jones asked the Community Development Director to notify her and the
other Councilmembers of any planning and/or redevelopment seminars. She also asked
about the court ruling on newsracks displaying pornographic materials. The City
Attorney commented that the U.S. Supreme Court ruled last week that the newsrack
ordinance which regulates harmful material to minors was upheld. The City of Cypress
already has a Newsrack Ordinance in place.
Councilmember Piercy announced that the Lexington Junior High School student body
would like to invite the Cypress City Council to their Renaissance Fair on April 23.
Councilmember Keenan reported that he and Councilmember Jones had the pleasure of
attending a Court of Honor held in a courtroom at West Court for Eagle Scouts Ryan
Creager and Kevin Morimoto.
Mayor Carroll urged all staff members that attend seminars and conferences to
participate very vigorously.
Mayor Carroll provided a sampling of letters addressed to the Mayor and he asked that
they be placed on the ELMO. He noted how these letters had been addressed to the
Mayor and voiced his concern about the respect given to the office of Mayor of the City
of Cypress. The last letter and envelope were addressed to Thomas Carroll from the
Cypress Community Festival Association and he voiced his concern about the way that
letter was addressed. He knew most of the members of the committee and some of
them are capable of providing nonpartisan leadership in the best interests of Cypress
but he has concerns about the political nature and agenda of this association. The letter
was signed by Mr. Dash. The Mayor had invited him to discuss any subject matters with
the Mayor and the offer remains open. He considered the method of addressing that
letter an insult to the office of the Mayor and he intends to defend the office of Mayor.
He awaited a reply.
Councilmember Piercy referred to the letter written to the Mayor by an 8th grade
student being involved in skate boarding and asking the City to build a skate park.
expressed her pleasure in a student getting involved and writing a letter.
She
Councilmember Jones reported that her niece was in the audience, coming all the way
from Simi Valley, to observe the governmental process.
WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda.
Councilmember Keenan referred to a letter received from Eugene Zeckmeister, Lt. Col.
Ret., who enclosed a newspaper article regarding a dog dropping ordinance that had
been passed in Corona del Mar and he felt it would be appropriate for Cypress.
Councilmember Keenan asked that this item be placed on a future agenda.
Councilmember Jones agreed and perhaps having an ordinance would help people be
responsible for their pets' actions.
ADJOURNMENT: Mayor Carroll adjourned the meeting at 10:10 p.m. to April 7, 1997 at
4:30 p.m. in the Administrative Conference Room.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
11