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Minutes 97-06-09CITY COUNCIL MINUTES CITY OF CYPRESS June 9,1997 Paqe ADULT DAY CARE CENTER TASK FORCE--COuncil made appts to task force ARNOLD/CYPRESS PARK--COnt item to 6-23-97 meeting CITY ATTORNEY--WOrkShOp Session on budget and billings CITY COUNCIL--R/F report on annual dinner for Council & Commissioners COMMENDATIONS--Adopt ReSOS commending Eagle Scouts Jason Nitta & Dustin O'Malley CULTURAL ARTS COMM--Cont item for Commission input D.A.R.E.--Donation of $500 from Soroptimist International ECONOMIC DEVELOPMENT PLAN--AdOpted plan to be implemented in FY1997-98 FINANCE DEPT, WARRANTS--Apprv Commercial Warrant List for Warrants 26532 - 26712 FLOODPLAIN MGMT--Adopt Ordinance in accordance w/regulations esta by Nat'l Flood Ins. MASSAGE PARLORS--AdOpt Ordinance amending Chap 15A & repealing inconsistent sections MAYOR & MPT--Cont discussion on selection of Mayor & MPT MOTELS--Cont P/H on hotel/motel stays to 7-14 NORTH END RESIDENTIAL STUDY--Workshop session continued to July 14 ORAL COMMUNICATIONS--Citizens spoke on towing contract, auto sales lot, Councilmembers voting, public & private position of Councilmembers, conflict of interest, LART noise, skate park POLICE DEPARTMENT--AUth execution of contract renewal for court liaison services POLICE DEPARTMENT--Award contract for purchase of video surveillance cameras POLICE DEPARTMENT--Renewed contract for sexual assault exam PRESENTATIONS--Introduction of new Cypress librarian, Elke Faraci PRESENTATIONS--Certs of Appreciation to Jennifer & Michelle Wheeler, Natalie Schwartz & Brittany Rivera REC & PARK DIST--Apprv various activity classes for Fall 1997 SR CITIZENS COMMISSION--Presented Community Svc Plaque to Mary Ballerini ST MAINTENANCE--ACCept 1996-97 resurfacing residential sts, Phase 1, PW Proj 9629 TRAFFIC SIGNAL--Award contract for signal interconnect on Ball Rd, PW Proj 9320 VETERANS PARK--Apprv plans & specs for Picnic Shelter & solicit bids for project WEED ABATEMENT--Accept work, adopt Reso confirming assessments & apprv contract ZONING MATTERS--Adopt Reso apprv amendment to DRC No. 95-59 10 6 1 5 4 10 9,10 10 7 6,7 9 7-9 2,3 5 3 4 1 2 5 1 5 3 6 5 4,5 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 9, 1997 The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday, June 9, 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 INTERVIEW SESSION: The City Council conducted oral interviews of the last two applicants for the Adult Day Care Task Force who were unable to attend the June 7, 1997 interview session. WORKSHOP SESSION: Also present were the City Manager, City Attorney and City staff members Christoffels, DeCarlo, Haina, Kelly, Krauss and Storey. City Attorney Budget and Billings Council and staff discussed the use of City Attorney services addressing services provided, amount budgeted, internal controls and alternative suggestions for obtaining legal services. North End Residential Study DUe of the lack of time, this item was continued to a workshop to be conducted on July 14, 1997. CLOSED SESSION: At 6:10 p.m., Council entered into Closed Session to discuss the agendized item of Public Employee Performance Evaluation (Government Code Section 54957), City Attorney. Conference With Legal Counsel on one Anticipated Litigation (Government Code Section 54956.9(b) was withdrawn from the Agenda. RECESS: Mayor Carroll recessed the meeting at 6:50 p.m. to enable the Council to continue their meeting in the Council Chamber. The meeting reconvened at 7:00 p.m. with all Councilmembers present. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by BOy Scout Troop NO. 1666. PRESENTATIONS: The City Manager introduced the new Cypress Librarian, Elke Faraci, to the City Councilmembers. She was appointed to the position in March and has an extensive background in library work. MS. Faraci expressed her pleasure at the warm welcome she has received in Cypress. She provided the Council with a fiver announcing the upcoming library book sale. Mayor Carroll presented a Community Service Plaque to Former Senior Citizens commissioner Mary Ballerini. CITY COUNCIL MINUTES June 9, 1997 REVIEW OF CLOSED SESSION/VVORKSHIP AGENDA: The City Manager reviewed those discussions held during the 5:30 p.m. Workshop Session on the City Attorney's budget and the Closed Session items of Public Employee Performance Evaluation, City Attorney. It was determined the City Council would continue the Closed Session item on Public Employee Performance Evaluation after the regular meeting. ORAL COMMUNICATIONS: Mr. Don Wesling, 11431 Anegada Street, Cypress, reiterated his question of a Councilmember excusing themselves and then approaching the Council as a private citizen. He believed that the vote to approve the auto sales at Walker and Bishop should be rescinded and revoted. He commented on the award of a three year contract to Cypress AUtO TOW. The contract was awarded without a review of other towing companies. He didn't believe that the best provider of the service was found. Councilmember Jones said that perhaps the Council does not have a clear understanding of whether Councilmember Bowman could speak as a private citizen. She asked for a clearer and better understanding of when their role as a City Councilmember would end and that of a private citizen begin. Mayor Carroll asked the City Manager to prepare a letter to Mr. Wesling for his signature, addressing: the legality of the vote, reasons for the vote of the Council for the used auto sales lot on Walker and the vote on extending the contract for the only towing operation in Cypress. Councilmember Jones also asked for an opinion from the City Attorney regarding when a person would have a conflict of interest regarding their public and private position. The City Manager clarified that the City Attorney would provide a written opinion on whether a Councilmember could vote on the specific item of the auto sales. Councilmember Jones was asking for general information about a Councilmember acting as a private citizen, as well as addressing the overall concept of conflict of interest, which has properly been referred to the City Attorney. The City Manager would prepare a letter for the Mayor's signature providing the reasons for the majority Council vote on the used car lot on Walker and also for extending the Cypress Auto Tow contract. Mayor Carroll said that there has been a request to have a resolution rescinded and he wanted that addressed specifically in the letter. Mr. Arthur G. Korteland, 5090 Laurel Avenue, Cypress, referred to the noise emanating from the Los Alamitos Race Track last weekend and he referred to Ordinance No. 854 regarding outdoor concerts. There were three bands playing on Saturday and Sunday creating the noise and he asked if there was anything he could do about this. Mayor Carroll asked the City Manager to respond and the City Manager will be in contact with Mr. Korteland on the matter. Mr. Tom Lewis, Sequoia Avenue, Cypress, referred to the award of the tow contract to Cypress Auto Tow. He was the low bidder last time, he checked with the Purchasing Officer about the bid and two weeks later the City had awarded the contract with no legal notice. He had obtained a copy of the City Charter and he referred to the granting of a franchise, which is supposed to be posted in an official newspaper. He was low bidder in 1994. He has a new attorney that specializes in State, County and City government. Mayor Carroll asked the City Manager to review if the steps taken were appropriate as to state law and the City Charter. Mr. Mike Welsh, Mr. C's Towing, commented that there were a lot of things he was unable to say when the contract was awarded to Cypress Auto Tow. He referred to the Acting Chief of Police making several comments about Cypress Auto TOW, which Mr. C's does as CITY COUNCIL MINUTES June 9, 1997 inline skating. He suggested the empty parking lot near Mervyn's. The Recreation & Park District Director advised that a skate park is proposed in the 1997/98 Capital Project budget. They are recruiting people in the community who are interested in helping establish the skate park. AWARD OF CONTRACTS VIDEO SURVEILLANCE CAMERAS: The Acting Police Chief summarized the staff report advising that in July of 1996, State Assembly Bill 3229 became law and thereby funds of $100 million were to be allocated statewide for supplemental law enforcement funding. Based upon population, the City of Cypress' share was approximately $108,000. TO meet the mandates of AB 3229, a Supplemental Law Enforcement Services Fund (SLESF) account had to be established and pursuant to the public hearing on September 23, 1996, Council approved the purchase of video surveillance cameras for patrol vehicles. Bid requests were sent to 11 companies for the purchase and installation for the surveillance cameras, with one company responding. He noted a change in the cost of the cameras from $81,480 to $87,534, which included the sales tax. Responding to Mayor Carroll's query on the policy of tape storage, the Acting Police Chief answered that they must be kept for two years. However, there is legislation pending that might reduce storage time to 100 days. Councilmember Keenan expressed concern because only one company out of 11 responded and he asked if there was any follow-up. Capt. Krauss advised that the bids were sent by the Purchasing Officer who was not present. It was moved by Councilmember Jones and seconded by Councilmember Keenan to: Approve an increase of estimated revenues for the allocation of Supplemental Law Enforcement Services Fund (AB 3229) in Other Grants ACCOUnt number 3525-30-999- 99 for $107,964.00. Authorize the award of contract for fifteen (15) video surveillance cameras and related equipment of Kustom Signals, Inc., 9325 Pflumm, Lenexa, Kansas 66215- 3347, for an amount not to exceed $87,534. Appropriate $5,000 from the unreserved fund balance of the Supplemental Law Enforcement Services Fund to account number 4104-30-181-05 for the purchase of videotapes and upgrade one existing video system. Approve the transfer of $87,534 from the unreserved fund balance of the Supplemental Law Enforcement Services Fund to the Equipment Replacement fund and appropriate $87,534 to Account 4909-90-656-35. 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 INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT ON BALL ROAD FROM BLOOMFIELD STREET TO JUANITA STREET, PUBLIC WORKS PROJECT NO. 9320: The City Manager asked the Public Works Director to present the staff report which advised that nine bids had been received for the installation of a hardwire traffic signal interconnect system on Ball ROad from Bloomfield Street to Juanira Street. He noted, for the record, that this project is being funded entirely through OCTA grant funds. It was moved by Councilmember Keenan and seconded by Councilmember Jones to: Determine the lowest responsible bidder for Public Works Project No. 9320 to be CITY COUNCIL MINUTES June 9, 1997 RENEWAL OF CONTRACT FOR SEXUAL ASSAULT EXAMINATION: The City Manager asked the Acting Police Chief to review the staff report which required medical examinations of victims be conducted by medical personnel for rape or other sexual assault investigations. Martin Luther Hospital in Anaheim is one of the Orange County hospitals that meet Penal Code and Crime Lab requirements for sexual assault examination protocol. The number of such examinations that the Police Department may conduct in a year varies from 10 to 25 and based on a mutually acceptable "Agreement to Provide Service for Evidence Collection," the cost per examination is $650.00 Responding to Councilmember Keenan, the Acting Police Chief answered that there has been no change in the cost for the examinations. Councilmember Jones asked that an update be done for the next contract renewal with information regarding more local hospitals that might perform these examinations included in the staff report. It was moved by Councilmember Keenan and seconded by Councilmember Jones to approve the renewal of contract with Martin Luther Hospital, 1830 West Romneya Drive, Anaheim, California 92801, to provide sexual assault examinations, not to exceed $7,000.00 for fiscal year July 1, 1997 through June 30, 1998. 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 CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Keenan asked that Items No. 4 and 10, City Council Minutes of May 27, 1997 and Approval of Plans and Specs and Authorization to solicit Bids for the Construction of a Picnic Shelter at Veterans Park, respectively, be removed. Councilmember Jones requested Item NO. 14, Approval of Plans and Specifications and Authorization to Solicit Bids for the Replacement of Playground Equipment at Arnold/Cypress Park be pulled. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Consent Calendar Items No. 4 through 14, with the exception of Items NO. 4, 10 and 14. 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 Non~ Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: AdOption of Resolutions Commending Eagle Scouts Jason Kazuo Nitta and DUStin RiChard O'Malley. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, commending Eagle Scouts Jason KaZUO Nitta and Dustin Richard O'Malley. RESOLUTION NO. 4807 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT CITY COUNCIL MINUTES June 9, 1997 RESOLUTION NO. 4809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95-59 WITH CONDITIONS. Item No. 8: Annual Dinner for City Council and City Commissioners. Recommendation: Receive and file. Item NO. 9: Renewal of Agreement for Shared Court Liaison Services Between the Cities of Cypress, Seal Beach, and Los Alamitos. Recommendation: That the City Council authorize the City Manager to execute the renewal of the contract agreement with the cities of Seal Beach and Los Alamitos for Cypress to provide law enforcement court liaison services for fiscal year, beginning July 1, 1997 and ending June 30, 1998. Item No. 11: Acceptance and Assessment for Abatement of Seasonal and Recurring Weeds for Phase II of the 1996-97 Program. Recommendation: That the City Council: 1) ACCept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; 2) Adopt the Resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessments as a lien on the parcels listed on Exhibit "A"; 3) AUthOrize the Mayor to sign Proposition 218 Certification statement; and 4) Approve the contact cost with Gardner Tractor Service, 10552 Chestnut Avenue, Stanton, California 90680, in the amount of $9,461.67. RESOLUTION NO. 4810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item NO. 12: Acceptance of 1996-97 Resurfacing of Residential Streets, Phase I, Public Works Project No. 9629. Recommendation: That the City Council: 1) Accept the project for Resurfacing of Residential Streets, Phase I, Public Works Project NO. 9629, as being satisfactorily completed in conformance with the project specifications; 2) Authorize an additional appropriation of $299.75 to ACCOUnt NO. 4186-15-472.21 to cover the final project costs; and 3) Approve the final retention payment of $30,347.49 to All American Asphalt, P.O. BOX 2229, Corona, California 91718-2229, 35 days after the Notice of Completion is filed, if no claims or objections have been filed, and upon the Director of Public Works' concurrence; and 4) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful performance Bond, upon expiration of the required lien period, if no claims or objections have been filed, and upon the concurrence of the Director of Public Works. Recreation & Park District Matters: Item No 13: New Activity Classes for the Fall 1997 Session. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, approve the various activity classes for the Fall 1997 session. Regarding Item NO. 4, Minutes of the City Council Meeting of May 27, 1997, Councilmember Keenan noted, on page 1, that Councilmember Jones was listed as absent CITY COUNCIL MINUTES June 9, 1997 In regard to Item No. 10, Approval of Plans and Specifications and Authorization to solicit Bids for the Construction of a Picnic Shelter at Veterans Park, Public Works Project No. 9720, Councilmember Keenan asked about the large sum of money being requested for a picnic shelter. The Public Works Director stated that it will be a tiled roof structure that will match the restroom and the neighboring homes. It has stucco and brick columns, approximately 1,600 square feet and will include all the benches and tables, the barbecues, a sink and food preparation counter. Councilmember Jones clarified that this project is being funded with developer fees and an Orange County Urban Parks Grant and no General Funds are being used. Mayor Carroll asked the Recreation & Park Director to address the process for the development. Mr. DeCarlo said this was part of the development plan for this park. The picnic shelter, with the restroom were Phase II after the park was developed and the Recreation & Community Service Commission was involved in the planning from the start. Responding to Mayor Carroll, the Recreation & Parks Director replied that the Recreation & Community Service Commission did not sign off on the final phase. It was moved by Councilmember Jones and seconded by Councilmember Keenan to approve the Plans and Specifications for the Construction of a picnic shelter at Veterans Park, and authorize staff to solicit bids for the project. 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 With regard to Item 14, Approval of Plans and Specifications, and Authorization to Solicit Bids for the Replacement of Playground Equipment at Arnold/Cypress Park, From Community Development Block Grant Funds, Councilm~mber Jones asked what decision the Recreation and Community Service Commission made because she questioned the amount of their input on the equipment to be used. She was not ready to replace equipment if there is going to be a redesign of the park and she asked if the Commission decided this was the type of equipment to purchase. The Recreation & Park Director said that the Commission was not involved in the purchase of the specific playground equipment. Councilmember Jones had acquired a copy of the Commission's duties which states that they are to advise on the acquisition, development and maintenance of public parks and recreational facilities. In response to Councilmember Jones, the Recreation & Park Director said that this item would be taken before the Commission at their meeting next week and there was a need to develop the plans and spend the money before the end of June. However, the only urgency now would be to get the project done for application of the next year's funding. Councilmember Jones asked if an answer was needed tonight and the Director responded that, most likely, the extension would be granted. Councilmember Bowman clarified that if the funds are allocated and encumbered does that satisfy the criteria as far as the items that need to be purchased. The Finance Director explained that they do not consider an encumbrance a method of paying or using the funds. After some discussion, the City Manager asked the Director if the process for the acquisition of the equipment is started does it predetermine the location of the equipment. The Recreation & Parks Director answered that adjustments can be made in location and this item could be brought back to the Commission at their next meeting, then returned to the Council. Councilmember Jones asked if an answer could be obtained if the City is eligible for an extension. The City Manager advised that a written confirmation would be sought from the County on this CDBG fund. Mayor Carroll said he would not vote for this item tonight. He wanted the Recreation & Community Service Commission to review the plans. It was moved by Mayor Carroll and seconded by Councilmember Bowman to continue this item to the meeting of June 23, 1997. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None CITY COUNCIL MINUTES June 9, 1997 ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF TFIE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 15A OF THE CYPRESS MUNICIPAL CODE, REGULATING MASSAGE PARLORS AND SIMILAR BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH. 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 Mayor Carroll asked why this ordinance was writ:ten at this time, and the Acting Police Chief replied that there has been a problem regulating massage parlors because of ineffective ordinances. The ordinance will help protect citizens and provide a quality service for massage treatment through medical authorization. Councilmember Bowman said he received a call from a licensed masseuse who was asked to provide personal service at a large company on Katella Avenue and had asked the procedure to be followed when there is not a permanent establishment. The Acting Police Chief advised that they need to apply for a license, then the Police Department will investigate. It was moved by Councilmember Keenan and seconded by Councilmember Jones to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance establishing a Floodplain Management Ordinance. ORDINANCE NO. 968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING A FLOODPLAIN MANAGEMENT ORDINANCE IN ACCORDANCE WITH THE REGULATIONS ESTABLISHED BY THE NATIONAL FLOOD INSURANCE PROGRAM. 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 RECESS: Mayor Carroll recessed the meeting at 8:25 p.m. and reconvened the meeting at 8:40 p.m., with all Councilmembers present. PUBLIC HEARINGS: 7:30 P.M. ORDINANCE AMENDING THE CYPRESS ZONING CODE BY ESTABLISHING LIMITED STAY PROVISIONS AND OTHER REGULATIONS FOR MOTELS: Mayor Carroll opened the public hearing. The City Manager asked the Community Development Director to present the staff report. She introduced into the record, a communication received from Brad Griggs, Homestead Village. Mr. DOUglas Kirkman was present to represent Homestead Village. Their concern had to do with the requirement for daily maid or housekeeping service, which is provided on a weekly basis by Homestead but is available more frequently on request. Staff was comfortable with making a minor modification to this requirement if Council so chooses and she read the proposed change to Section 2, 10.3L1(b), "EaCh room rented for residential tenancy shall be provided with a minimum of weekly maid and housekeeping service with daily service available upon request." Also a letter was received on June 6 from Lawrence Josselyn providing arguments for long term stays and some of the assumptions the City was making that they disputed. Mr. E. E. Schworck, owner of the Lincoln Street Motel, has asked about the ordinance and indicated his units are rented long term and he would be attending the meeting to speak against the ordinance. She then introduced Alice Angus, City Planner, who presented the report indicating that CITY COUNCIL MINUTES June 9, 1997 operational and physical condition. The proposed Ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3). Notice of this public hearing was published and sent to all existing motel owners and managers. Responding to Councilmember Jones, the City Attorney advised that there was no problem requesting the remodel because it requires that nonconforming uses comply with the regulation. Mayor Carroll requested that there be more detailed description of daily maid and housekeeping service. He would also like to have the number of people allowed in a single room spelled out and require a recordkeeping system that is verifiable and complete, along with a penalty for falsification. A prime concern of the Mayor was obtaining the revenue from transient lodgers and unwanted de facto high density housing projects. Councilmember Jones referred to the October I deadline for compliance and the City Planner said that the motels would be allowed to operate, but would not be allowed the exemption to have long term occupancy in 15% of the rooms. Councilmember Jones questioned the clarity of that requirement. Councilmember Bowman said his concern was that a number of the motels in question would require all the criteria and the ordinance is not stating it. Councilmember Jones concurred and felt that there was verbiage missing and she was having difficulty in relating the ordinance to long term uses. Responding to Mayor Carroll, the Acting Police Chief requested Police Officer Olson to respond, who said that the number of police calls could not be equated to extended term stay people compared to transient stays. Total calls for service in 1996 from all the hotels on Lincoln Avenue were ?65, which is a 2% increase from 1995. If Council wished he could provide the data for each hotel on Lincoln Avenue. Mayor Carroll asked if anyone wished to speak in support of the ordinance. Mr. Doug Kirkman, Homestead Village, spoke in support of Section I of the ordinance and spoke on the daily maid and housekeeping service requirement to clarify that, in today's environment, the lodging industry typically provides weekly service as part of the base service. However, it is available on a daily basis upon request and for a charge. He requested that the ordinance be drafted so there is no possibility that the company could be found in violation on a technicality. Councilmember Bowman remarked that he felt this ordinance needed to be revised to stipulate what needs to be provided under residential tenancies to make sure other motels provide daily maid and housekeeping services. The ordinance needs to be separated into residential tenancy establishments and regular hotel/motels. Mr. Harry Gardikis, Orange Avenue, Cypress, said he felt that the short term stays should also be addressed. He said that if the stays are short, then the deterioration would be limited. No one else spoke in support of the proposed ordinance. Mayor Carroll asked if anyone wished to speak in opposition to the proposed ordinance. Mr. E. E. Schworck, Box 3306, Quail Valley, advised that he has owned a motel before the post office was built and has had long term tenants since 1963. When the City annexed his property, it was placed in the motel classification. His rooms are unfurnished and some rent for $300 a month. He commented that as of October 1, he was out of business because he couldn't provide all the things that would be required in the ordinance and he would like to have his property exempted. CITY COUNCIL MINUTES June 9, 1997 It was moved by Councilmember Jones and seconded by Councilmember Keenan to continue this item to July 14 for further discussion and clarification on the points that were raised during the hearing. Mayor Carroll suggested that there be one ordinance that covered all motels and then provide the conditions for extended stays. Councilmember Jones asked that Mr. Schworck's concerns be addressed. Councilmember Bowman said it seemed that a regular motel would have the daily services provided and the extended stay would have different criteria. Mayor Carroll clarified that Council wanted an ordinance on all motels on extended stay as part of this motion. A separate item, as a work action, is whether the Schworck property qualifies as a motel. The Community Development Director said that on the Schworck issue, staff was working on some enforcement issues and wanted to assure that would continue separately from the motel issue. 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 DEFERRED BUSINESS: CONTINUATION OF REVIEW OF OPTIONS FOR ROTATION OF MAYOR AND MAYOR PRO TEMPORE: The City Manager asked the Senior Management Analyst to review the staff report which outlined options for rotating the offices of Mayor and Mayor Pro Tempore. The intent of this project was to review City Charter provisions and alternatives to the current method of selecting the Mayor and Mayor Pro Tempore. The report explained the existing City Charter requirements for the selection, evaluated various options for this selection and recommended that Council choose one option and direct staff to prepare a written Council policy for their consideration. The two options that would involve a Charter amendment are Mayor Election and Council selection of Mayor Pro Tempore and less than annual terms for Mayor and Mayor Pro Tempore. Councilmember Jones asked why the option of less than annual terms for Mayor and Mayor Pro Tempore would require a vote of the people. The City Attorney advised that any change in the Charter required a vote of the people. The Charter specifically states how the appointments are made and any would require an amendment of the Charter, which would then require a vote of the people. Councilmember Bowman commented that either the current method be used or consider a Charter amendment for an elected Mayor. Councilmember Piercy referred to the seniority option and that option on a rotating basis. Even though there are four year terms, they do not begin and end at the same. It would work without a Charter change and be a simple solution. After some discussion, Councilmember Jones said she did not want to go to a General Election and change the charter and a selection based on seniority would prevent the selection from being a totally political process. She would consider the seniority option. Mayor Carroll commented that after eight years on the Council, a Councilmember could be Mayor once. It was moved by Mayor Carroll and seconded by Councilmember Jones to continue this item. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: O COUNCILMEMBERS: ABSENT: O COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None NEW BUSINESS: CITY COUNCIL MINUTES June 9, 1997 It was moved by Councilmember Jones and seconded by Councilmember Keenan to receive and file the Cypress Economic Development Plan. Mayor Carroll asked to amend the motion to reflect that the report was too fine to merely receive and file and he suggested that the staff prepare a distribution list. Councilmember Jones agreed to amend her motion and Councilmember Keenan amended his second. 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 DESIGNATION OF FUNDING FROM CITY GENERAL FUNDS RESERVES FOR AN ARTS PROJECT TO BI~ DETERMINED BY THE CULTURAL ARTS COMMISSION: The City Manager noted that two Cultural Arts Commissioners contacted him this afternoon requesting the City Council continue this item to allow enough time for the Cultural Arts Commission to consider it at their meeting and return with some recommendations. It was moved by Councilmember Jones and seconded by Councilmember Bowman to continue this item. 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 Mayor Carroll remarked that he expected the Cultural Arts Commission to review the projects in the City that should be considered, prioritize those projects and presented to the Council by the Commission Chair. He would entertain receiving a minority report. The Commission is supposed to review these items before they go to budget and they should have input into advising the City Council. APPOINTMENTS TO THE ADULT DAY CARE CENTER TASK FORCE: Mayor Carroll referred to the staff report advising that the Senior Citizens Commission representatives were Mary Mclver and Patricia Christopher. The City Council conducted interviews of a total of 11 applicants He read the names of the five appointees to the Adult Day Care Center Task Force: Mike McGill, AI Prevost, Harry Gardikis, Susie Linde and Roxanne Donaldson. He thanked all the applicants. He asked the City Manager to include the mission statement of the Task Force with the letters of appointment. CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 26532 - 26712: It was moved by Councilmember Jones and seconded by Councilmember Keenan to approve the Warrant List for Warrants No. 26532 through 26712 in the amount of $830,875.77. 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 RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. Nothing was presented. RECESS: Mayor Carroll recessed the meeting at the City Council could act as the Cypress Redevelopment Agency. The Council reconvened at 10:30 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: FOr Matters NOt on the Agenda. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. CLOSED SESSION: Mayor Carroll recessed the meeting at 10:30 p.m. to enable the Council CITY COUNCIL MINUTES June 9, 1997 ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:15 p.m. to June 23, 1997 at 5:00 p.m. in the Administrative Conference ROOm. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS