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Minutes 89-02-13 1W MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 13, 1989 The regular meeting of the Cypress City Council was called to order at 5:42 p.m. on Monday, February 13, 1989, in the Cypress City Council Chambers, 5275 Orange Avenue. Cypress, California, Mayor William Davis presiding. PRESENT: Councilmembers: Arnold, Kanel, Kerry and Davis ABSENT: Councilmembers: Age Also present were City Manager/City Clerk Darrell Essex. City Attorney Jerry Patterson and staff members Beardsley, Hurst and Leonard. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were presented. CONSIDERATION OF RENEWAL OF CONTRACT FOR CAR WASH SERVICE: The City Manager presented the staff report dated January 31, 1989 which indicated Cypress Car Wash has offered to renew the contract providing car wash services for the City fleet for a one year period with no increase in price. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to authorize the renewal of the car wash service contract with Cypress Car Wash, 9971 Valley View Street, Cypress, CA for the period February 1, 1989 through January 31, 1990 at the present rates. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold. Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AUTHORIZATION TO RELEASE A "LETTER OF INTENT" FOR FISCAL YEAR 1989/90 POLICE PURSUIT VEHICLE PURCHASES: The City Manager introduced the staff report dated February 1, 1989, which indicated that the Police Department has requested the release of a "Letter of Intent" to purchase three (3) Police black and white pursuit vehicles after July 1, 1989. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to authorize the Purchasing Officer to release a Letter of Intent to Maurice J. Sopp Chevrolet, 5801 Pacific Blvd.. Huntington Park, CA 90255 to purchase three (3) Police pursuit vehicles under the Los Angeles County Sheriff's Department contract after July 1, 1989. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) WALK BEHIND AERATOR. REQUEST FOR QUOTATION NO. 8889-31: The City Manager referred to the staff report dated February 2, 1989, which indicated that four bids were received in the Purchasing Office for a walk behind aerator. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to: 1) reject the bid received from Empire Tractor as not meeting City needs, and 2) accept the bid received from San Diego Turf, 7920 Stromesa Court. San Diego, CA as the lowest responsible bidder meeting City needs and award a contract to this company for one (1) walk behind aerator in the amount of $3,972.70. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold. Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF RETENTION OF CONTRACT SERVICES FOR LANDSCAPE MAINTENANCE: The City Manager presented the staff report dated January 31, 1989, which indicated that Western Landscape has provided adequate service during the past six months and it is recommended that the contract be renewed for an 1 City Council Minutes February 13. 19f79 additional four (4) month period. ending June 28. 1989. at the same cost as the current contract. It was moved by Councilmember Arnold and seconded by Councilmember Kerry that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, renew the contract of Western Landscape Management, 1556 Sequoia Avenue. Placentia, CA for weekly landscape maintenance of the Cypress Community Center from February 28. 1989 to June 28. 1989 at the present cost of $800 monthly. The motion unanimously carried by the following roll call vote: AYE: 4 COUNCILMEMBERS: Arnold, Kanel. Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age 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. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to approve the Consent Calendar, Items #6 through #16. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age Item #6: Motion to Approve City Council Minutes of the Regular Meeting of January 23, 1989 Recommendation: That the City Council approve the Minutes of January 23, 1989, as submitted. Item #7: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #8: Consideration of Resolution of Commendation for Eagle Scout Curtis R. Huffmi re. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eagle Scout Curtis R. Huffmire. RESOLUTION NO. 3519 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT CURTIS R. HUFFMIRE ON ATTAINING THE RANK OF EAGLE SCOUT. Item ##9: Consideration of Authorization to Attend the Public Risk Management Association (PRIMA) Government Risk Management Seminar. Recommendation: That the City Council authorize the attendance of Lauren Ferrell, Risk Management Technician, to the Government Risk Management Seminar sponsored by the Public Risk Management Association (PRIMA), scheduled for February 27 - March 3. 1989, in Tucson, Arizona, and be reimbursed for all actual and necessary expenses incurred. Item #10: Consideration of Employment Lists for the Positions of Dispatcher (Inexperienced) and Police Office (Lateral and Academy Trained). Recommendation: That the City Council certify the Employment Lists for the positions of Dispatcher (Inexperienced) and Police Officer (Lateral and Academy Trained) prepared by the Personnel Office. Item #11: Consideration of Orange County Arterial Highway Financing Program Project Administration Agreement, City of Cypress Project No. 8803-10 (Lincoln Avenue) . Recommendation: That the City Council approve the AHFP Program Project Administration Agreement and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City; and certify as to the City's possession of 2 I City Council Minutes February 13 1989 480 · all necessary rights-of-way for the project and authorize the Mayor and City Clerk to execute the document to that effect. Item #12: Consideration of Acceptance of Landscaping and Trailway Easements Offered for Dedication by Cypress Land Company, City of Cypress Project No. 8615-90. R:commendation: That the City Council adopt the Resolution by title only, tltle as follows, accepting the offers of dedication as outlined in the report. r;""~'" RESOLUTION NO. 3520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING DEDICATION TO THE CITY OF CYPRESS: THE EASEMENTS FOR LANDSCAPING AND TRAILWAY PURPOSES AS SHOWN ON PARCEL MAPS NOS. 80-1128, 80-1160 AND 81- 1141. Item #13: Consideration of Acceptance of Street Maintenance Slurry Seal on Various Streets in the City of Cypress. Project No. 8868-90. Recommendation: That the City Council: 1) Accept the Street Maintenance Slurry Seal on various streets in the City of Cypress, Project No. 8868-90, as being satisfactorily completed in accordance with the Plans and Specifications; 2) Approve payment to Pavement Coatings Company of the contract price of $97,324.49; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material or workmanship become evident. Item #14: Consideration of Approval of Membership - Orange County Employment Relations Consortium. Recommendation: That the City Council approve the City's membership in the - Orange County Employment Relations Consortium; and authorize the Assistant to the City Manager, Nancy Leonard, to execute the Agreement for Special Services with Liebert, Cassidy and Frierson, in the amount of $1,460. Item #15: Consideration of Claim Filed by Laurie Vandeman Manager of Peppertree Apartments. Recommendation: Receive and file. Item #16: Consideration of Resolution Consenting to a Joint Hearing on the Amended Redevelopment Plan for the Cypress Redevelopment Plan and the Addendum to the Environmental Impact Report. Recommendation: That the City Council, acting as the Planning Agency, adopt the Resolution by title only, title as follows, establishing the date for the joint public hearing of the Redevelopment Agency and the City Council on the Amended Redevelopment Plan. RESOLUTION NO. 3521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO A JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AMENDMENT NO. 1 AND THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT PREPARED IN CONNECTION THEREWITH. ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Councilmember Arnold and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, approving C.U.P. 88-22, with cond it ions. RESOLUTION NO. 3522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 88-22 - WITH CONDITIONS (SEVEN-UNIT APARTMENT COMPLEX, S/W ORANGE AVENUE AND HOLDER STREET). 3 City Council Minutes February 13. 14'g 1 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution by title only. title as follows. approving Parcel Map 88- 365, with conditions. RESOLUTION NO. 3523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL MAP NO. 88-365 - WITH CONDITIONS (COMBINE THREE PARCELS INTO ONE, S/W ORANGf AVENUE AND HOLDER STREET). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age It was moved by Councilmember Kerry and seconded by Councilmember Arnold to adopt the Resolution by title only, title as follows, granting Variance 88-11. RESOLUTION NO. 3524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW AN AIR CONDITIONING UNIT ON THE ROOF OF AN EXISTING HOME IN THE RS-6,OOO RESIDENTIAL SINGLE-FAMILY ZONE, VARIANCE NO. 88-11 (4161 DOVER C I RC L E ) . It was moved by Councilmember Arnold and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, denying C.U.P. 88-35. RESOLUTION NO. 3525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 88-35 (USED CAR SALES LOT WITH RELATED AUTO REPAIR, 5431 LINCOLN AVENUE). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Age CONSIDERATION OF BUDGET WORKSHOP: The City Manager presented the staff report dated February 2, 1989, which outlined informational items for the mid-year budget review. They included the consideration of the budget calendar, any budget policy which the Council may wish to adopt and discussion of the 1989/90 Gann limit, which includes a five-year projection. Councilmember Arnold asked that an explanation of the Gann limit be provided at the budget workshop. After some discussion, Mayor Davis asked staff to provide previous budget projections and actual figures for six months for the next budget. Hearing no objection. Mayor Davis received and filed the report. EXECUTIVE SESSION: Mayor Davis called for an Executive Session at 6:14 p.m. to discuss matters of personnel and litigation. COUNCILMEMBER AGE ARRIVED AT 6:15 P.M. The meeting reconvened at 7:37 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kerry COMMUN ICAT IONS: For Matters Not on the 7:30 p.m. Agenda. 4 482 City Council Minutes February 13, 1989 Mr. Ed Haubelt, 17092 Pinehurst Lane. Huntington Beach. stated he was present to discuss light rail transit systems and presented written information to the Councilmembers. which indicated the Orange County Transit District had purchased a portion of the old Red Car rail line. Ms. Alice Rogers, 4219 Dover Circle, Cypress. requested a clarification on the balloting procedure for the February 14 election and asked that the ballots be picked up at the polling places and transported to City Hall by the Cypress Police. Jll;i~ The City Manager explained the tallying procedure and the City would attempt to have a character generator to post the vote on the cable television channel. Mr. Edward Southfield. 8743 Watson Street. Cypress, spoke about rezoning matters, the Cypress Elementary School District and the tank farm. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. Mayor Davis announced that the Cypress Civic Theatre Guild is presenting their annual variety show at 7:30 next Friday and Saturday evening and encouraged the citizens ,to support this event. The City Manager reviewed the actions taken by the Council during the 5:30 session of the Agenda. The City Attorney summarized discussions held during the Executive Session, which were the pending litigation matter of Los Caballeros vs. Cypress. Police Management salaries, and a discussion of Management salaries in general. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-32. 10 APARTMENT UNITS, INCLUDING TWO DENSITY BONUS UNITS. 5462 DELONG STREET: The staff reported dated January 27, 1989 requested a continuation of this hearing. It was moved by Councilmember Age and seconded by Councilmember Kerry to - continue this item to February 27, 1989. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 88-3. AMEND SECTION 10.7 PERFORMANCE STANDARDS: ALL COMMERCIAL ZONES TO ADD SECTION (D) TO PROHIBIT EVENING OR NIGHT DELIVERIES AND SECTION (E) TRUCK PARKING ADJACENT TO THE RESIDENTIAL ZONES: The staff report dated January 26, 1989 indicated that the staff is withdrawing this item, will return to Council at a later date and hearing no objection, Mayor Davis so ordered. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-9. ALLOW SIGN TO BE WITHIN 300' OF ENTRY SIGN. SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE: Mayor Davis opened the public hearing. The Planning Director presented the staff report dated January 26, 1989, which represented a request to vary from Section 7.2.6.(C)(I) of the Cypress View Limited zoning standards to permit a monument sign within 300 feet of an existing entry sign. Mr. Richard Hales, representing Overton, Moore and Associates, 25111 Grisson Road, Laguna Hills, stated he was responsible for the design of the sign p"'Y'4i!:i' program at Cypress Pointe, the signs are consistent and they would have the minimum amount for such a large area of land. The City Attorney advised that because of the condition prohibiting free standing signs on the Pavilion site in both public hearings, Council can take action on this hearing now or hold it open and return to it after the public hearing on Carl's Jr. Mayor Davis suggested hearing this item to the point of making a decision, open the hearing on Carl's and then return to this item. Mr. Hales stated they were asking that the request for a monument sign be withdrawn. 5 City Council Minutes February 13, 198483 No one wished to speak in support of or opposition to this application. At this time, Mayor Davis deferred the decision making process on this item until after the public hearing 00 Carl's Jr. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 88-10. ALLOW THREE ONSITE SIGNS, SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE and CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-1. CARL'S JR. DRIVE-THRU RESTAURANT. SOUTHWEST CORNER OF CERRITOS AVENUE AND VALLEY VIEW STREET: Mayor Davis declared the public hearings open. The Planning Director presented the staff reports dated January 3. 16 and 26. 1989. which represented a request to vary from Section 7.2.6.(a)(4) of the Cypress View Limited Specific Plan to allow three offsite signs. She also summarized the staff reports dated January 3, 16 and 26, 1989 which represented a request to construct and operate a Carl's Jr. drive-thru fast food restaurant at the southwest corner of Cerritos Avenue and Valley View Street at Cypress Pointe. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for these projects. Notices of these public hearings were posted, published and mailed to all property owners within a 300 foot radius. She clarified the condition on all three of the requests which related to the sign item. Mr. James Middleton, 4822 Barkwood, Irvine, representing Carl Karcher Enterprises, stated they agreed with the staff recommendations, expressed some confusion on the signage and asked if it were possible to have a directional sign on Valley View. Councilmember Kanel stated he believed that the request for a directional sign was reasonable and would help the traffic flow. Mayor Davis asked if anyone wished to speak in support of the application. Mr. Guy Durwald, representing Ware and Malcolm Architects, stated that, in the future, when there are a variety of signs involved, they will present a master plan to the Council. He also stated that the sign program was well thought out and consistent with the development, No one wished to speak in opposition to the application. In regard to Conditional Use Permit No. 89-1, Mayor Davis stated he will not support the installation of a directional sign on Valley View for the Carl's Jr. because he does not want to add to the proliferation. Councilmember Arnold expressed support of Councilmember Kanel 's suggestion that a directional sign be considered to aid in the flow of traffic. Councilmember Kerry recommended the Council wait to determine if a directional sign is warranted and make that decision at a later date. Mayor Davis asked that the sign issue be separated from the restaurant issue so they could be acted upon individually. Councilmember Kanel requested that the approval of a directional sign be added to the recommendation. Councilmember Age asked that if Carl's Jr. vacates the premises, then the sign will be removed and asked that the Police Department monitor the site to determine if there is any activity that should be brought to the Council's attention. The City Manager recommended ttlat the Council take action on the installation of the directional sign separately and staff will amend the conditions for all three of the items in compliance with that action. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to closp the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit No. 89-1, Carl's Jr., subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None In regard to Condition #8 which relates to the next two public hearings, it was moved by Councilmember Arnold and seconded by Councilmember Age to allow a 4' 6" high by 2' wide free-standing directional, offsite sign located on 6 <<,-",.) City Council Minutes February 13, 1989 484 Valley View at the south end of the parcel, which will be subject to removal if Carl's Jr. leaves the site. The Planning Director will reword Condition H8 to reflect these changes. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Arnold and Kanel NOES: 2 COUNCILMEMBERS: Kerry and Davis ABSENT: 0 COUNC ILMEMBERS: None Regarding Variance No. 88-9, it was moved by Councilmember Kanel and seconded by Councilmember Age to close the public hearing. certify the Negative p1I'~' Declaration as prepared according to the requirements of the California Environmental Quality Act and approve Variance No. 88-9, subject to conditions and sign changes requested by Council incorporated into Condition #8. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Regarding Variance No. 88-10, it was moved by Councilmember Arnold and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration in accordance with the California Environmental Quality Act and, subject to the applicant's concurrence, amend Variance No. 88-10 to include Sign HI located adjacent to Valley View Street. 190 feet north of the Corporate Avenue Entry sign, indicating Chili's Restaurant and Woodfin Suites and Sign H2 located adjacent to Cerritos Avenue, indicating Woodfin Suites and a future business. The amended Condition #8 will also apply to this Variance. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-34, MODIFICATION TO PARKING. 10503 - 10581 VALLEY VIEW STREET: Mayor Davis -, opened the public hearing. The Planning Director summarized the staff report dated January 30, 1989, which represented a request to allow a modification to the parking layout for the Pavilion Food and Retail Shopping Center to reduce the square footage of restaurant use, increase retail use and reduce the parking spaces as a result of changes in the building use. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of the public hearing were published, posted and mailed to all property owners within a 300-foot radius. Mr. Guy Durwald, Ware and Malcolm Architects for Overton, Moore and Associates, 18002 Cowan, Irvine, explained that many parking spaces were allocated for the food pavilion and they have determined how many spaces are needed for the pavilion in its final form. No one wished to speak in support of or opposition to the application. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Conditional Use Permit no. 87-34, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None f!l!":'i~'" ABSENT: 0 COllNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: REVISED PARCEL MAP NO. 88-301. DIVIDE ONE PARCEL INTO SIX PARCELS, SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE: Mayor Davis declared the public hearing open. The Planning Director presented the staff report dated January 30, 1989. which represented a request to revise Parcel Map No. 88-301 dividing one parcel into six. In accordance with the requirements of the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of this public hearing were published, posted and mailed to all property owners within a 300-foot radius of the site. She also mentioned that Condition #10 should be deleted. 7 / City Council Minutes February 13. 19~8 5 Mr. Dave Gunderman, of Williamson Schmidt. agreed to the conditions of approval and volunteered to answer Council's questions. Mayor Davis asked if anyone wished to speak in support of or opposition to the application. No one did so. It was moved by Councilmember Kanel and seconded by Councilmember Age to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve the revised tentative Parcel Map No. 88-301. subject to conditions with Condition #10 deleted. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF POLICE MANAGEMENT SALARY RESOLUTION: Mayor Davis advised that this item would be continued with direction being given to the City Manager to enter into further negotiations with the Police Management personnel. It was moved by Councilmember Kerry and seconded by Councilmember Kanel to continue this item to February 27. The motion unanimously carried by the followi ng roll call vote: AYES: 5 COUNCILMEMBERS: Age. Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF APPOINTMENT OF THE REPRESENTATIVES TO THE CYPRESS TRANSPORTATION ADVISORY COMMITTEE (C.T.A.C. ): The staff report dated February 3, 1989 indicated that this item was continued to provide for the two additional appointments. Mayor Davis requested the appointment of Mr. Steve Oakley and Councilmember Kerry recommended Mr. Bruce Seaton as her appointee to C.T.A.C. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to appoint Messrs. Oakley and Seaton to the Cypress Transportation Advisory Committee. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Davis advised that the five members are Mr. George Boscon, Ms. Christine Swain. Mr. Steven Oakley, Mr. John Sandefur and Mr. Bruce Seaton. CONTINUATION Of__CONSIDERATION OF APPOINTMENTS TO THE CYPRESS RECREATION & COMMUNITY SERVICES COMMISSION: Mayor Davis advised that there are presently four vacancies on this Commission. It was moved by Councilmember Kanel and seconded by Councilmember Age to approve the nomination of Leo Friedland. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve the nomination of Johnnie Perkins, The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Arnold and seconded by Councilmembers Kanel to approve the nomination of Nancy Trainer. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age. Arnold, Kanel, Kerry and Davis 8 ~ -I 486 Cfty Councfl Mfnutes February 13. 1989 NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Arnold to approve the nomination of Alfred Prevost. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEHBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF APPOINTMENT TO THE CYPRESS CULTURAL ARTS COMMISSION: Mayor Davis advised that Commissioner Joan Edwards has requested that she be.reappointed for a second term. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to reappoint Joan Edwards to a second term as Cultural Arts Commissioner. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel. Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kanel and seconded by Councilmember Age to nominate Jewell Tolkin to the Cultural Arts Commission. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION TO THE CYPRESS CABLE TELEVISION COMMISSION: It was moved by Councilmember Arnold and seconded by Councilmember Kanel to nominate Helen Coutant for the vacancy on the CATV Commission. The motion unanimously carried by the following roll call vote: - AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION .Q.LAPPOINTMENTS TO THE CYPRESS TRAFFIC COMMISSION: Mayor Davis declared that there were two openings on this Commission. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to nominate Harold Lindamood. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel. Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to appoint Linda Keenan. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION_Of _CONSIDERATION OF REPORT ON BICYCLE LANE MARKING - WESTBOUND BALL ROAD AT_~AlKER STREET: Councilmember Arnold had asked that this item be brought before the Council because it is extremely difficult to make a right ~~ hand turn from Ball Road to Walker Street and asked if the bicycle lane could be lengthened. The staff reports dated January 11 and 30, 1989 indicated that the lanes are designed in accordance with state law and the existing bicycle lane striping on Ball Road. westbound at Walker Street is considered to be in substantial conformance with the law and requires no alteration to be properly enforced. Councilmember Kanel remarked that a number of people have received tickets for crossing into the bicycle lane too soon. Mayor Davis asked Councilmember Arnold if she agreed that the report should be received and filed and hearing no objection, he so ordered. 9 City Council Minutes February 13, l1ij7 1, ... CONTI NUATION 91_.CONSI DERATION OF ONE -YEAR REVI EW: CITY OF CYPRESS NEWSLETTER: The City Manager presented the staff report dated January 31, 1989, which indicated that direction was needed from Council whether they desired the continued publication of the Cypress City News, whether to use in-house writers or outside vendors and whether to continue the bi-monthly publication schedule. Mayor Davis suggested publishing the newsletter on a quarterly basis rather than every two months. which will give staff additional time and reduce expenses. Councilmember Kanel stated that publication four times a year was acceptable, the newsletter should be continued and he didn't believe outside vendors needed to write the newsletter. He complimented the staff on the quality of the articles. Councilmember Age expressed her support of the newsletter, it is a good communication device and she would like to see the City staff continue to provide articles for the newsletter. She stated that the quarterly publication of the newsletter is acceptable. Councilmembers Arnold and Kerry agreed with the other Councilmembers. After further discussion, Councilmember Kanel asked that the City Attorney provide an update of discussions of other city attorneys in Orange County on Propos it ion 73. It was moved by Councilmember Kanel and seconded by Councilmember Age to approve the continuation of the Cypress City News on a quarterly basis, extend the printing contract with McCoy Printers, Inc., 6013 Scottway, Commerce, CA for the remainder of the calendar year and authorize an additional appropriation of $6,500 from the unreserved fund balance of the genet-al fund to account #4208-11-117-02, in accordance with its directions to staff concerning the continuation of the Cypress City News. CONSIDERATIO~_gF STATUS OF CODE ENFORCEMENT ACTIVITIES: The City Manager presented the staff report dated January 31, 1989, which indicated that the present Code Enforcement Officer was absent due to a medical disability and requested direction from the Council about the feasibility of hiring a contract code enforcement officer through the end of this fiscal year for an amount not to exceed $35,000. The City Manager clarified that there are two issues to be considered: one is the City's existing Satellite Dish Ordinance which is being reviewed by the City Attorney's office and the second issue is how code violations are currently being handled by the Planning Department. The City Attorney explained that the City's ordinance may need to be amended and he will be returning to the Council with the results of his research. Councilmember Kanel asked if the City really wanted to spend $35,000 for a temporary code enforcement officer or wait until the incumbent returns to work f u 1 1 - time. Mayor Davis advised that the contract person would be hired on an hourly basis and the contract could be terminated and until a year and a half ago, the City did not have a code enforcement officer. It is a program the City is interested in pursuing and he would prefer not to place a part-time person in the position. Councilmember Arnold voiced her objection to the lack of a code enforcement officer, is reluctant to be without that person for any length of time and we should have someone responding to complaints from the citizens. The Planning Director stated she will meet with the Code Enforcement Officer, determine what complaints she is able to handle and return to the Council with added information at the next meeting. Mayor Davis suggested continuing this item to the February 27 meeting and hearing no objection, he so ordered. CONSIDERATIO~_QE POLICE OFFICER STAFFING: OVERFILL OF POLICE OFFICER POSI TIONS: The City Manager referred to the staff report dated January 31, 1989, which indicated that the Police Department is experiencing difficulty in maintaining full staff levels and is requesting authorization to overhire by two (2) officers to mitigate the adverse impact of the ongoing vacancy and training factors. 10 483 City Council Minutes February 13. 1989 Chief Lowenberg explained that the Department is having to order overtime and in some cases. assigning an additional four hours to the officer's shift to ' cover vacanc i es. Responding to Councilmember Kanel, the Assistant to the City Manager explained that the cost of these positions could vary depending upon the level of the position filled. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to authorize the overhire of police officers by a maximum of two (2) with the ""'- recommendation of the Police Chief and the approval of the City Manager or his designee and utilize unencumbered personnel funds to cover the salaries of the overfill positions. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel. Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATIO~~F APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30631 _ 30922: It was moved by Councilmember Kanel and seconded by Councilmember Arnold to approve the Warrant List for Warrant Nos. 30631 through 30922 in the amount of $482,315.63. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold. Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Recreation andeark District Matters: CONSIDERATIO~ QF._ REQUEST FOR PROFESSIONAL SERVICES FOR FIREWORKS DISPLAY AT THE 1989 JULY~TH FIREWORKS CELEBRATION: The Recreation and Park Director presented the staff report dated February 1, 1989, which indicated that the Planning Committee met to activate the plans and recommendations for the July ...- 4, 1989 Fireworks Celebration. Present at the meeting were staff representatives of Cypress, Los Alamitos. Seal Beach and Rossmore. It was moved by Councilmember Arnold and second~d by Councilmember Age to approve the City's participation in the second annual 1989 July 4th Fireworks Celebration co-sponsored by the cities of Cypress, Los Alamitos, Seal Beach and the Rossmore Recreation and Park District in cooperation with the Los Alamitos Armed Forces Reserve Center on July 4, 1989, with the shared cost not to exceed $4,000; and to direct staff to sent out a Request for Proposal to provide professional fireworks display services for the joint 1989 July 4th Fireworks Celebration. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel. Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION .PF PROPOSED FEE INCREASES FOR RECREATION CLASSES: The Recreation and Park Director summarized the staff report dated January 31, 1989, which indicated that the Recreation and Community Services Commission recommended City Council approval for fee increases for the Yoga and Karate classes. It was moved by Councilmember Age and seconded by Councilmember Arnold that the City Council, acting as the ex officio governing Board of Directors for W:.,,"'''ilP: the Cypress Recreation and Park District. approve the fee increase of $5.00 for each of the Yoga and Karate classes. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Davis recessed the meeting at 10:15 p.m. to act as the Cypress Redevelopment Agency. The meeting reconvened at 10:19 p.m. with all Councilmembers present. 11 City Council Minutes February 13. ~~~ ORAL COMMUNICATIONS: For Hatters Not on the Agenda. None were presented. WRITTEN COMMUNJCATIONS: For Matters Not on the Agenda. None were presented. The City Manager announced that for the February 14 election. Channel 52 will show the results as soon as the precincts report. He also stated that anyone who wants to view the processing of the ballots come to the Council Chambers that evening. AD..l0URNME NT: Hayor Davis adjourned the m~n)~.m~ MAYOR OF THE CITY OF CYPRESS ATTEST: CTi~~(-CYPRESS 12