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Minutes 97-08-11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AUgUSt 11, 1997 The Regular Meeting of the CYpress City Council was called to order on Monday, August 11, 1997 at 5:02 p.m. in the Administrative Conference ROOm, WeSt Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Tom Carroll presiding. PRESENT: Councilmembers Bowman, Keenan and Carroll ABSENT: Councilmembers Jones and Piercy Also present were the Acting City Manager Richard Storey, staff members Angus and Kelly and consultants Karen Warner of Cotton Beland Associates, Kathleen Head of Keyser Marston Associates and Ralph Mercur of Ralph Mercur Architects. WORKSHOP SESSION: North End Residential Study: COUNCILMEMBER PIERCY ARRIVED AT 5:05 P.M. The Community Development Director introduced the Consultants who presented a brief analysis of Areas B, C, D and E and received input from City Council. Staff will proceed with a survey to determine attitudes and opinions in Area A. ACTING CITY ATTORNEY BURNETT ARRIVED AT 5:15 P.M. AND MAYOR PRO TEM JONES ARRIVED AT 5:27 P.M. RECESS: Mayor Carroll recessed the meeting at 6:15 p.m. to allow the Council to meet in the Council Chamber. The meeting reconvened at 6:25 p.m. with all Councilmembers present. Also present were the Acting City Manager and Acting City Attorney. CLOSED SESSION: The Mayor immediately recessed the meeting to enable the Council to enter into Closed Session to discuss those Agendlzed items on two Liability Claim (Government Code Section 54956.95) Juan Marcos Estrada vs. city of CYpress and Carol A. Willard vs. City of Cypress. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the Acting City Manager, Acting City Attornev and staff members Christoffels, Decarlo, Justen, Kelly and Schaefer. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman. REVIEW OF CLOSED SESSION/WORKSHOP AGENDA: The Acting City Manager summarized the discussions held during the Workshop Session on the North End Residential Study. The Acting City Attorney reported on events discussed during Closed Session on two Liability Claims. The first claim, Juan Marcos Estrada vs. the City of Cypress was unanimousIv denied bv Council. The second claim of Carol A. Willard vs. the City of Cypress was denied with Councilmember Keenan abstaining on the vote. CITY COUNCIL MINUTES AUgUSt 11, 1997 ORAL COMMUNICATIONS: Limited to one-half hour. Ms. Jewell TOIkin, 6088 James Allen Street, Cypress, President of the Cypress Civic Theatre Guild, asked that the Council negotiate a lease for ten years on their behalf with the Anaheim Union High School District. Ms. Verna Dodson, 5771 La Jolla Way, Cypress, spoke about the denial of a request to remove a tree from the parkway of a handicapped resident on Dover Circle. It is difficult for him to maintain the tree and she believed that the Council and its policy were in violation of ADA. Mr. Johnnie Perkins, 9219 Esther Street, Cypress, asked for clarification on Item NO. 18 and the Acting City Attorney responded that a request was given to the Council just prior to the beginning of the meeting. Mayor Carroll clarified the City's tree removal policy. AWARD OF CONTRACTS: CONSTRUCTION OF A PICNIC SHELTER AT VETERANS PARK, PUBLIC WORKS PROJECT NO. 9720: The staff report was presented by Public Works Director Mark Christoffels, who advised that six bids were received for the construction of a picnic shelter facility at Veterans Park. The funding is being provided through an Orange County Urban Parks Grant and from open space funds from the Recreation and Parks District. It was moved by Councilmember Bowman and seconded bv Councilmember Jones to award the contract for the construction of a picnic shelter at Veterans Park, Public Works Project No. 9720, tO SMC Construction Co., 3303 Harbor Blvd., Suite E-8, Costa Mesa, CA 92626, in the amount of $70,990.00, plus 10% contingency. 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 RENEWAL OF ANIMAL CONTROL SERVICES CONTRACT: The Acting City Manager asked staff member Gonzalo Vazquez to review the staff report, which requested consideration to continue the existing contract for animal control services with the County of Orange. Three categories of services are provided: field, special and shelter. Councilmember Jones asked if there were any competing services. Councilmember Keenan remarked that the agency is not too responsible. The Acting City Manager advised that the City has looked at other agencies to provide animal control services in the past and will review them again. Councilmember Jones asked that staff return in 60 days with that information. She requested that the services offered be publicized. It was moved by Councilmember Jones and seconded by Councilmember Keenan to approve the 1997-98 Agreement of Animal Control and Shelter Services with the County of Orange as long as the contract contains a 30 day cancellation clause and authorize the Mayor to sign and the City Clerk to attest the Agreement, subject to the approval of the City Attorney. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES AUgust 11, 1997 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. Councilmember Bowman pulled Item No. 5, Design Review Committee's Approval of DRC ~97-2, Request to Install Monument Sign, Best Video and Frame, 5391 Lincoln Avenue. Mayor Carroll requested that Item No. 10, Long Term Lease Negotiations with Anaheim Union High School District and Councilmember Keenan asked Item No. 9, Monitoring of Briggeman Disposal Franchise be removed from the Consent Calendar. It was moved by Councilmember Keenan and seconded by Councilmember Jones to approve the Consent Calendar Items No.3 through 10, with the exception of Items No. 5, 9 and 10. 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. 3: Motion to Approve City Council Minutes of July 23, 1997 and July 28, 1997. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of July 23, 1997 and the Regular Meeting of July 23, 1997, as submitted. Item NO. 4: Motion tO Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title only and to Waive Further Reading Item No. 6: Attendance to the 99TM Annual Conference of the League of California Cities. Recommendation: That the City Council authorize the attendance of any interested Council Member and staff to attend the 99~ Annual Conference of the League of California Cities, scheduled for October 12 - 14, 1997, in San Francisco; be reimbursed for all actual and necessary expenses incurred; and designate Mayor Carroll as the voting delegate and Mayor Pro Tem Jones as the alternate at the Business Meeting on October 14, 1997. Item NO. 7: AdOption of Resolution Designating Legal counsel for the City of Cypress and the Cypress Recreation and Park District. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, retaining the firm of Rutan & Tucker, LLP, and designating William W. Wynder as the City Attorney and Dan Slater as ASSiStant City Attorney for the City of Cypress; and designating William W. VVynder as Counsel and Dan Slater as Assistant Counsel for the Cypress Recreation and Park District. RESOLUTION NO. 4833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK CITY COUNCIL MINUTES August 11, 1997 DISTRICT, DESIGNATING LEGAL COUNSEL FOR THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT. Item No. 8: Adoption of Resolution Granting Permission to Ushio America, Inc., to Excavate in the Public Right-of-Way for the Purpose of Installing a Communications Facility. Recommendation: That the City Council adopt the Resolution by title only, title as follows, granting permission to Ushio America, Inc., to excavate in the public right-of-way for the purpose of installing a communications facility. RESOLUTION NO. 4834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING PERMISSION TO USHIO AMERICA, INC., TO EXCAVATE IN THE PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF INSTALLING A COMMUNICATIONS FACILITY. Regarding Item No. 5, Design Review Committee's Approval of DRC ~97-22, Request to Install Monument Sign, BeSt Video and Frame, 5391 Lincoln Avenue, Councilmember Bowman said he would abstain on this item. It was moved by Councilmember Keenan and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, approving Design Review Committee No. 97-22 - with conditions. RESOLUTION NO. 4835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMIl~EE NO. 97-22 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Bowman With regard to Item No. 9, Report on City's Monitoring Procedures of Briggeman Disposal Franchise, Councilmember Keenan asked staff to respond. The Public Works Director advised that an audit was conducted for the period July, 1992 through June 30, 1995. A similar audit will be conducted prior to June 30, 1998. Mayor Carroll said that the City is not at risk for collections and has no Manager clarified that the City owns recvcling but receive a franchise fee Councilmember Jones asked if there being sold. The Acting City Manager co-investments with Briggeman. The Acting City the trash cans. They do not receive any money from on the gross recei13ts from recvcling. was a need to do an audit now since the company is said that once the transfer is made, the City will audit up to that date. It was moved by Councilmember Keenan and seconded by Councilmember Jones to receive and file. 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 In regard to Item NO. 10, Approval to Negotiate a Long Term Lease With the Anaheim Union High School District for Use of the Oxford School Site for Open Space and Cultural Ar~S Uses, Mayor Carroll removed this item for public input. CITY COUNCIL MINUTES August 11, 1997 MS. Susan Linde, 9845 Joel Circle, Cypress, encouraged the Council to negotiate for a ten year lease and suggested community fund raising for any theatre improvements. MS. Paula English, 5975 Suva Way, Cypress, member of the Cultural Arts Commission, said that there have been no objections on an extended lease because it would be difficult to improve the facility on a year-to-year lease. Councilmember Bowman thanked the Anaheim School District for extending the opportunity to the City to negotiate for a longer lease. Ms. Betty Hill, no address given, Manager of the Theatre Group, said that a longer term lease would assist them in obtaining volunteers. Ms. JoAnne West, 9375 Cambridge Street, Cypress, expressed concern about the cost of improving the theatre because it would not be a permanent solution. It was moved by Mayor Carroll and seconded by Councilmember Jones to direct staff to begin negotiations with the Anaheim Union High School District for a long term lease agreement for continued use of the Oxford School site for open space and Building E. 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 END OF CONSENT CALENDAR ORDINANCES (Second Readin(J): It was moved by Councilmember Bowman and seconded by Councilmember Keenan to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance Amending Section 303 of the City Code. Councilmember Keenan requested that this item be widely publicized. ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING ORDINANCE NO. 679 AND AMENDING SECTION 3-3 OF THE CITY CODE PROHIBITING ANIMAL EXCRETA NUISANCE AND REQUIRING THAT PERSONS HAVING CHARGE, CUSTODY OR CONTROL OF AN ANIMAL CAUSE THE REMOVAL AND DISPOSAL OF FECES IN A SANITARY MANNER. 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 PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF VARIANCE NO. 95-3, ROOF-MOUNTED AIR CONDITIONING UNIT, 4322 CRESCENT STREET: Mayor Carroll opened the public hearing. The Community Development Director presented the staff report which advised that this item had been continued from the July 14, 1997 City Council meeting to allow the applicant to submit CITY COUNCIL MINUTES August 11, 1997 additional information. The information was submitted Friday to the City Council and staff is still researching the issues. Therefore, staff is requesting that this item be continued. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to continue this item to the August 25, 1997 meeting. Mayor Carroll asked if anyone wished to speak in support of the continuance and Councilmember Bowman asked for a point of clarification that there is a motion on the floor, seconded and it should be voted on. Councilmember Piercy withdrew her second to allow public comment. Councilmember Keenan then seconded Councilmember Bowman's motion to continue the item. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None Mayor Carroll then asked for public comment. Mr. Dan Pearson, attorney for Mr. Provenghi, complained about the number of continuances for this hearing and all at the request of the applicant. He asked for a reconsideration of the motion to continue and make a decision of denial tonight. He submitted and explained photos of the applicant's roof mounted air conditioner. After additional discussion on the issue of continuance, Councilmember Jones asked for clarification from the City Attorney if the Council could vote on this matter tonight. The City Attorney responded that the impression has been given to the public that the item would be continued. The staff has received information that they would like to research the new information and they would not be able to comment or make a recommendation. Mayor Carroll said that before he would agreed to another continuance on this item, there be a moratorium placed on the use of the air conditioners. The Community Development Director said that staff is requesting direction on the submittal of additional information and a deadline therefor. Regarding the moratorium on the use of the air conditioner, the City Attorney advised that a variance request has been submitted and there cannot be a moratorium before there is an official decision, other than asking the applicant to comply. Mayor Carroll said that any further continuance would include a condition placing a moratorium on the use of the air conditioner. CONTINUATION OF ORDINANCE AMENDING THE CYPRESS ZONING CODE BY ESTABLISHING LIMITED STAY PROVISIONS AND OTHER REGULATIONS FOR MOTELS: The public hearing was opened by Mayor Carroll. The Acting City Manager referred to the staff report which recommended that this item be continued to a workshop session. It was moved by Councilmember Jones and seconded by Councilmember Bowman to continue this item to a workshop on September 8, 1997 and continue the public hearing to the September 22, 1997 meeting. The motion unanimously carried by the following roll call vote: 6 CITY COUNCIL MINUTES AUgUSt 11, 1997 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None APPLICATION FOR SPECIAL PERMIT - MR. HOWARD I. BURAS, D.B.A. BURAS CONSTRUCTION COMPANY, DOOR-TO-DOOR SOLICITATION OF COMPANY'S FLYERS: The public hearing was opened by the Mayor. The Acting City Manager presented the staff report which represented an application for a Special Permit from Mr. Howard I. Buras, D.B.A. Buras Construction Company, 5812 Roxbury Court, Cypress, CA 90630, to allow door-to-door solicitation for distribution of the Company's flyers on roofing services. In accordance with Section 15-56 of the Cypress City Code, a Public Hearing has been scheduled for 7:30 p.m., on Monday, August 11, 1997, to consider this application. The Chief of Police has conducted an investigation pursuant to City Code Section 15-60 and finds no cause to protest this application. The applicant was requested to be present at the Public Hearing to answer any questions that the City Council may have. The City Council, having received the report from the Chief of Police and conducting a public hearing, is to determine whether or not the applicant and the operation of the business will comport with the peace, health, safety and general welfare of the public. Affidavits of Publication and Posting of the Public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of the writing of this report, no written communications have been received either in favor or in opposition to this Special Permit application. The Acting City Manager clarified that a special permit is required in any door-to-door, house-to-house solicitation for personal services, donations, except for tax exempt organizations. Councilmember Jones asked what made it a solicitation as opposed to the distribution of a flyer. The Acting City Manager, referring to the City Code, Section 15-47, indicated that a solicitor shall mean a peddler, vendor or other person who sells or leases any commodity or service or solicits or takes orders for sale or lease of any commodity or service of solicits for any contribution, donation, personal service or thing of value house- to-house. Councilmember Keenan commented that a lot of the flyers that are received door-to-door are done without benefit of a permit and no one has enforced that they don't have permits to solicit door-to-door. As the Acting City Attorney researched the Section, Mayor Carroll asked the applicant to come forward. The applicant was not in the audience and no one wished to speak in support of or in opposition to the application. Councilmember Piercy said that it appeared the applicant has gone through proper procedures. A lot of the flyers are put on doorsteps without going through the procedures and this gentlemen is requesting a permit in the proper way. Councilmember Jones said she wanted clarification because what the Council might be granting is the ability to knock on everyone's door. The ACting City Attorney said that what is important is that there is a potential to take an order, there is a potential to make centact and this acknowledges that. Councilmember Jones remarked that that application reflects that it is to distribute flyers only and asked if there was a way to condition the permit that he will not seek orders door-to-door. The Acting City Attorney advised that it could be made a condition of approval. Mayor Carroll would approve the application to distribute flyers; however, if he means to get a roofing order, he wanted to vote on that again. The Acting City Manager clarified CITY COUNCIL MINUTES August 11, 1997 that the applicant would be passing out flyers but if someone talked to him, he would solicit business. It was moved by Councilmember Jones and seconded by Mayor Carroll to close the public hearing and approve the permit to distribute flyers only, with the condition that the applicant not solicit sales door-to-door by knocking and interrupting the household. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Jones, Keenan and Carroll NOES: I COUNCILMEMBERS: Piercy ABSENT: 0 COUNCILMEMBERS: None REVIEW OF CONDITIONAL USE PERMIT NO. 82-16/DESIGN REVIEW COMMITTEE NO. 97-20, ALBERTO'S MEXICAN FOOD RESTAURANT/SIGNAGE, 5619 BALL ROAD: Mayor Carroll opened the public hearing. The Acting City Manager asked the Community Development Director to present the staff report. The application represented a City-initiated action to review the hours of operation for the Alberto Mexican fast food restaurant located at 5619 Ball Road. This action is taken In response to concerns of the adjacent residential property owners regarding the potential negative impacts which could result from 24 hour operations. Included with the review of the conditional use permit was a request for Design Review Committee approval of the proposed menu board and pole signs. NOtices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any additional communication regarding the proposed project. In addition to the normal noticing, staff has sent letters to both the Alberto Mexican restaurant property owner and the business operator. Mr. Ed Coulson, master lessor of the property, introduced Ms. Anna Morales, who is the operator of the restaurant. Mr. Coulson said when this first came to his attention, contact was initiated with the Community Development Department. He said that, without knowing what the complaints were, he asked what are the problems and what can be done. The bulbs in the sign have been replaced and turned down to 50% wattage. The speaker has been adjusted down. He asked that the hours of operation not be limited and the restaurant remain open for 24 hours. He submitted the informal petition that restaurant patrons had signed. Mayor Carroll asked if anyone wished to speak in support of the application. Mr. Gary Ridgely, Graham Street, residing adjacent to Alberto's, said that approximately one and one-half weeks ago, the back wall between his property and Alberto's was crashed and they have done nothing to correct the hole. He didn't believe they were concerned about the security of the neighborhood. He agreed that the proposed change in hours would be sufficient. Ms. Jean Kovarik, 9977 Graham Street, Cypress, said that the lights and the hours of operation are her main concerns but she would be able to accept the proposed hours of operation. MS. Susan Linde, 9845 Joel Circle, Cypress, commented that this is an establishment that attracts gangs, the Police Department is familiar with the establishment and she hadn't heard about any type of security system. Mayor Carroll asked if anyone wished to speak in opposition to the change in hours. An employee of Alberto's, representing other employees, asked the Council not to cut their hours because they need their jobs. CITY COUNCIL MINUTES August 11, 1997 Councilmember Jones asked the Acting Police Chief if there had been any police calls to the restaurant and their records showed four calls for service since the opening. Also, in response to a question from Mayor Carroll, the Acting Chief said that each 24 hour operation is unique and should be considered individually. Councilmember Jones remarked that she felt strongly about limiting the hours of operation of Alberto's. Councilmember Keenan said he would consider limiting the hours of operation further, but the residents are willing to accept the limitations Imposed by staff. He also said that the sign should be turned off when the restaurant is closed. Councilmember Piercy commented that the businesses in this area don't tend to operate on a 24 hour basis. The history is that there was the same problem with TaCO Bell and their hours were limited. It was moved by Councilmember Bowman and seconded by Councilmember Jones to close the public hearing, adopt the attached Resolutions by title only, titles as follow, limiting the hours of operation from 7:00 a.m. to 11:00 p.m. Sunday through Thursday and from 7:00 a.m. to 1:00 a.m. Friday and Saturday and approve DRC No. 97-20, with conditions; and the Council to review the conditional use permit in 90 days to determine if the speaker and the sign are compatible with the neighborhood. Councilmember Keenan suggested staff follow up with the applicant and urge them to cooperate with the neighborhood to resolve the damaged wall. The Community Development Director said staff would offer to facilitate a meeting. RESOLUTION NO. 4836 A RESOLUTION OF THE CTY COUNCIL OF THE CITY OF CYPRESS, LIMITING THE HOURS OF OPERATION FOR CONDITIONAL USE PERMIT NO. 82-16. RESOLUTION NO. 4837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-20 - WITH CONDITIONS. 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 asked earlier by Councilmember Keenan, Community Development Director Kelly reported that Burger King's hours of operation are Sunday through Thursday 6 a.m. to 10:30 p.m. and Fridays and Saturdays 7 a.m. to midnight. DEFERRED BUSINESS DISCUSSION PAPER ON THE PROS AND CONS OF REACTIVE AND PROACTIVE CODE ENFORCEMENT: The Community Development Director advised that this issue was brought at the May 5, 1997 Town Hall meeting. The staff report indicated that there was a desire for a more aggressive code enforcement program. Currently, the City operates Code Enforcement on a reactive/complaint basis. There are different forms of Code Enforcement depending upon the nature of the City and the concerns and goals of its citizenry. These range from CITY COUNCIL MINUTES August 11, 1997 active Code Enforcement programs wherein officers patrol the City looking for violations in addition to responding to complaints to more reactive programs that operate totally on a complaint basis. These are also programs that fall somewhere in the middle, where certain types of violations or certain select areas are targeted for active enforcement while the majority of the program operates on a reactive basis. She provided the pros and cons of each type of Code Enforcement. Mayor Carroll stated that the code must stand on its own and it doesn't have to bolstered by someone's complaint before the code is enforced. Councilmember Keenan said code enforcement sets standards and it is up to the City leaders to keep the standards high and maintain the quality of the City. He is interested in getting businesses more involved In code enforcement. The City is showing its age and he would recommend they take an aggressive proactive stance. Councilmember Piercy commented that the current type of enforcement is adequate. She did not approve of hiring someone to patrol the City for code violations. People perceive violations differently and they don't agree on all codes. She would recommend remaining with the current program, which is a hybrid program. Mayor Carroll said that it is the responsibility of the staff and the Council to enforce the Code. When a law is legitimately imposed, it is law until it is overturned. Councilmember Jones said she believed in setting standards; and is leaning toward a more proactive approach. As the City ages, there will be more and more enforcement issues and there is a need for closer scrutiny. Councilmember Bowman agreed that if there is a City Code, it should be enforced. When people don't want to comply, the court system must be used, which is a slow process. He said it appeared to him that the enforcement is working well right now. He would be opposed to having an employee on staff whose sole duty is to issue citations for violations. Proactivity on enforcement would require proactivity on everything. Mayor Carroll asked the City Attorney if it were possible to be active in some areas and wait for complaints in others. The City Attorney replied that it was possible and the City can identify certain areas as a focus for their code enforcement efforts. Mayor Carroll recommended staff develop a list of the most onerous violations and provide them for Council review. Councilmember Keenan commented that the City leaders need to look at the standards and ask themselves if they are high enough. It was moved by Councilmember Jones and seconded by Councilmember Keenan to receive and file the staff report but staff will be provided more direction on developing a plan highlighting certain enforcement areas and conditions to be reviewed by Council. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll None None NEW BUSINESS: REINSTATEMENT OF CYPRESS NEWS-ENTERPRISE AS OFFICIAL LEGAL PAPER OF THE CITY OF CYPRESS: The Acting City Manager summarized the staff report which indicated that a letter was received from T. Pat Cavanaugh, publisher of the Cypress News-Enterprise on CITY COUNCIL MINUTES AUgUSt 11, 1997 July 9, 1997. He requested that the Cypress News-Enterprise be reinstated as the official legal paper of the City. On January 13, 1997, the City Council awarded a one-year contract to Cypress News, 1771 S. Lewis Street, Anaheim, California, based on their being the lowest bidder. Councilmember Jones asked If the Cypress News has adhered to the prices they quoted in their bid. The Acting City Manager reported that the invoices he has seen they have committed to their quote of $.32 per line. Mr. Cavanaugh, News-Enterprise publisher, said that it was understood that when he purchased the paper that the legals were lost because of distribution and expense. He also said that his distribution is now over 12,000 households. He admitted that he couldn't compete with the rates quoted by the Register, but he can give the distribution and he can put the money back into the community. Responding to Councilmember Jones, the Acting CIty Manager replied that it would be more convenient to the City to have additional time to submit legal advertising. Councilmember Keenan felt that it was imperative to proceed with the least expensive cost, if it is convenient. He would recommend that if staff has the time, the publication is ready and the deadline can be met, use the least expensive method and if the deadline can't be met, use the News-Enterprise. Mayor Carroll stated that a contract was entered into and it cannot be capriciously changed. He asked there were any evidence of a breach of contract and the Acting City Manager responded in the negative. Councilmember Jones would support Councilmember Keenan's recommendation. The Acting City Attorney advised she had spoken with staff and there are times that, because of the deadlines, the News-Enterprise has been used and it is a non-exclusive contract. Ms. JoAnne West, said she does not subscribe to the Register, the News-Enterprise cared about Cypress and the City owes them some loyalty. Councilmember Piercy commented that this is a situation that has changed from Cypress News tO Community Close-up, but it appears that the circulation of the News-Enterprise has surpassed that of Community Close-up. She would support a dual use of the newspapers. It was moved by Councilmember Jones and seconded by Councilmember Keenan that the city Council add the Cypress News-Enterprise to its list for legal advertising. Councilmember Keenan said there is larger distribution for less cost and the contract be honored for its term and then reconsidered. Mayor Carroll could support this motion if the staff provided costs now and later. Councilmember Bowman remarked that the circumstances have changed and he would support the motion as it stands. Mayor Carroll would amend the motion to obtain data on the ratio of expenditures through July and also to the end of the annual contract. Councilmember Keenan seconded the amended motion, which failed by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Keenan and Carroll 3 COUNCILMEMBERS: Bowman, Jones and Piercy 0 COUNCILMEMBERS: None CITY COUNCIL MINUTES AUgUSt 11, 1997 The original motion was then voted upon and unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None REQUEST FOR ADDITIONAL FUNDING FOR CYPRESS mPOPS~ ORCHESTRA SEPTEMBER CONCERT: The Acting City Manager reported that a letter was received from the Cypress Pops asking that their request be withdrawn. Mr. Carl C. Eriksen, 5832 Crestview Circle, La Palma, thanked the Council for their consideration and advised them that the Board of Directors had resolved that they must cancel the tentatively scheduled Pops concert for September. He requested that the Council consider taking the $1,000 reserved for this concert and allocate the funds to the discretion of the Cultural Arts Commission. He urged that a meeting be scheduled with representative Councilmembers, the Cultural Arts Commission, the leadership of Friends of Cypress Cultural Arts and representatives from other interested organizations to further a dialog of interest and cooperation. REAPPOINTMENT OF MR. LOUIE GIAMPAPA TO THE CYPRESS CABLE TELEVISION AND TECHNOLOGY COMMISSION: The Acting City Manager summarized the staff report which represented a request from Cypress Cable Television and Technology Commissioner Giampapa requesting reappointment to the Commission for a second four year term. His first term of office on the Commission expires on August 23, 1997. Mayor Carroll referred to the attached attendance record of Commissioner Giampapa. He suggested that the Chairman of the CATV & Technology Commission furnish the City Council with a letter of recommendation and his opinion of the value of people who miss three out of seven meetings. He was not prepared to vote on this tonight. It was moved Councilmember Jones and seconded by Mayor Carroll to request that the Chairman of the CATV &Technologv Commission forward the letter to the Council and continue this item to the meeting of August 25. The motion carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 1 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan and Carroll Piercy None ADOPTION OF ORDINANCE AMENDING THE CITY CODE TO PROVIDE A PUBLIC WORKS PERMIT ISSUANCE MORATORIUM FOR NEWLY RESURFACED STREETS: The Acting City Manager asked the Director of Public Works to review the staff report, which described an effort to protect newly resurfaced streets from utility cuts. In order to protect the City's infrastructure investment from unnecessary excavation and adverse conditions from repeated excavations in newly resurfaced streets, staff is recommending the City restrict the issuance of Encroachment Permits for a period of three years after street resurfacing by amending the City Code making Public Works Permits issued for street excavations in locations that have been constructed, reconstructed or resurfaced within the previous 36 months discretionary and subject to City Council approval. Councilmember Bowman advised this has arisen before and he questioned the authority of the franchisee to dig up the City's streets. CITY COUNCIL MINUTES August 11, 1997 The Public Works Director explained that the State had wanted to encourage telecommunications in the State and offered statewide franchises. The Acting City Attorney said that once telephone or telegraph companies receive the State license and PUC approval, they can come in and install in the public rights of way without a City franchise. However, they have to repair the streets as good as or better than before. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the first reading of the Ordinance by title only, title as follows, amending Chapter 24, Article II, of the Code of the City of Cypress, to provide a Public Works Permit issuance moratorium for resurfaced streets. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 24, ARTICLE II, OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE A PUBLIC WORKS PERMIT ISSUANCE MORATORIUM FOR RESURFACED STREETS. 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 CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27347 - 27601: It was moved by Councilmember Keenan and seconded by Councilmember Jones to approve the Commercial warrant List for Warrants No. 27347 through 27601 in the amount of $1,256,484.46. 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. CHANGE IN THE SCOPE OF THE ARNOLD/CYPRESS PARK RENOVATION PROJECT TO INCLUDE A PROPOSED ROLLER HOCKEY RINK: The staff report was presented by the Recreation & Park District Director who advised that the Recreation and Community Services Commission made the recommendation that the City Council approve a change in the scope of the Arnold/Cypress Park Renovation Project to include a proposed roller hockey rink and warm-up area. This subsequently necessitated the moving of one of two tot lot play areas. If approved, the Commission will consider the roller hockey rink proposal with all other Arnold/cypress Park improvement proposals for future recommendation to the Council. It is essential to determine the location of the proposed roller hockey rink prior to the Commission's final park improvement proposal to the City Council to properly move forward with the installation of a tot lot play area. The play equipment must be installed by December 1997 to meet the deadline for expenditure of $107,520 in Community Development Block Grant Funds. Councilmember Bowman questioned the moving of the tot lot because there is not enough room to go east and west. He asked that the Commission go and look at the site, because the expansion area was to the north. He didn't think the present layout or the moving of the tot lot was a good idea. CITY COUNCIL MINUTES AUgUSt 11, 1997 The District Director said that most of the expansion is on the west side for parking. Mayor Carroll said that it does look like the tot lot is being placed close to where the new parking will go and it seems that the tot lot should be as far from moving cars as possible. He agreed that the Commission should look at it. Councilmember Jones expressed the same concerns about moving the tot lot to the proposed location, but she did support the roller hockey rink It was moved by Councilmember Jones and seconded by Mayor Carroll to approve the addition of the roller hockey rink but not the relocation of the tot lot. 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 RECESS: Mayor Carroll recessed the meeting at 10:02 to let the Council act as the Cypress Redevelopment Agency. The meeting reconvened at 10:05 with all Councilmembers present. ORAL COMMUNICATIONS: For Matters NOt on the Agenda. No one spoke. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Carroll adjourned the meeting at 10:05 p.m. to Monday, August 25, 1997 at 5:00 in the Administrative Conference ROOm. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS