Loading...
Minutes 89-02-27 -" I 1 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 27, 1989 The regular meeting of the Cypress City Council was called to order at 5:36 p.m. on Monday, February 27, 1989, in th€ Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor William Davis presiding. PRESENT: Councilmembers Age, Arnold, Kanel, Kerry and Davis ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley, DeCarlo, Eynon, Hurst and Lowenberg. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were presented. CONTINUATION OF STATUS REPORT AND RECOMMENDATION REGARDING CITY-SCHOOL PROJECTS: CYPRESS SCHOOL LAND, TANK FARM DEVELOPMENT, REDEVELOPMENT TAX INCREMENTS: The City Manager presented the staff report dated February 22, 1989, which indicated that several meetings were held between the City and the Cypress School District with the major issues being the Cypress School land and its ultimate disposition and development, the issue of the tank farm development and its effect upon the school district and the redevelopment tax increment dollars that are going to be a part of the tank farm development and its redevelopment inclusion in the Cypress project area. He further advised that the concepts to be presented by Brice Russell are those on which the Counc i 1 is being asked to give direction. Mr. Bri ce Russell, Redevelopment consultant, provided an overview consisting of the project history, low and moderate income housing, street improvements, drainage, tax increments, school facilities and distribution of property taxes. Councilmember Kanel asked Mr. Russell if he would provide copies of the lists of school districts, which indicated how they are handling their assets. After further discussion, the City Manager explained that the Cypress School Distrlct has their property and they will trade properties when the City is ready but they don't know when the City will acquire the Wicker Drive land, which is why the lease concept was suggested. Councilmember Age mentioned that it had been suggested that a workshop be held and she felt it would be a better way to discuss this issue. Councllmember Arnold asked if the Council was in agreement that we should move as rapidly as possible toward developing senior housing on the Cypress School site. The City Manager explained that the lease concept is only an option and the City is interested in buying the property but needs more time and the District wanted a lease to show good faith. Councilmember Kanel concurred with the suggestion of having a workshop. EXECUTIVE SESSION: Mayor Davis called for an Executive Session at 6:55 p.m. to discuss matters of personnel and litigation. The meeting reconvened at 7:39 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Eynon, Hurst and Lowenberg present. Mayor Davis announced that he had attended a ceremony in which Curtis Huffmire received his Eagle Scout award and asked him to lead the pledge. PLEDGE OF ALL~~IANCE: The pledge was led by Eagle Scout Curtis Huffmire. Mayor Davis made presentations of Community Service Plaques to outgoing Traffic Commissioner Donald Kennedy and Recreation & Community Service Commissioners C. Joseph Heinz and Harold Diaz and thanked them for their fine community service efforts. 1 'J .., ,~ ,,( .2 City Council Meeting February 27, 1989 Councilmember Kanel made personal comments about the former members of these two Commissions. The City Clerk administered loyalty oaths and Mayor Davis presented Certificates of Appointment and congratulated the newly-appointed Recreation & Community Service Commissioners Leo Friedland, Alfred Prevost and Johnnie Perkins; Traffic Commissioners Harold Lindamood and Linda Keenan; Cable Television Commissioner Helen Coutant. tI1"""~ The City Manager reviewed the Council actions taken during the 5:30 p.m. portion of the Agenda. The City Attorney summarized the discussions held during the Executive Session, whi~h were: property acquisition within the Civic Center area, Police Management salaries and pending litigation regarding a sign violation. In regard to Continuation of Status Report and Recommendation Regarding City- School Projects, Councilmember Kanel referred to the continuing negotiations between the City and the School District and the workshop and proposed that it be a separate item. It was moved by Councilmember Kanel and seconded by Councilmember Age to authorize the City Manager to continue negotiations for the land use items listed and hold off on the leasing arrangement until the workshop has been held. Mayor Davis mentioned the four steps under the Cypress School Land Use and advised that Council is moving on three of those steps, excluding the step regarding the lease. 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 - 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 Age to approve the Consent Calendar Items #7 though #14 and Item #19A. 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 Item #7: Motion to Approve City Council Minutes of February 6, 1989, February 7, 1989, and February 13, 1989. Recommendation: That the City Council approve the Minutes of February 6, 1989, February 7, 1989, and February 13, 1989 as submitted, with Councilwoman Age abstaining on the February 6, 1989 and February 7, 1989 Minutes due to her absence at the meetings. Item #8: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. - Item #9: Consideration of Resolution Authorizing the Cypress Police Department to Enter into Training Contracts with the California Highway (" 4j Patrol. Recommendation: That the City Council adopt a Resolution by title only, title as follows, authorizing the City to enter into training contracts with the California Highway Patrol. RESOLUTION NO. 3527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING CONTRACTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF CYPRESS AND THE STATE OF CALIFORNIA, DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION IN TRAINING PROGRAMS. ~ February 27, 1989 3 City Council Meeting Item #10: Consideration of Proposed Classification Title Amendments to the Position Classification Plan. Recommendation: That the City Council of the City of Cypress, 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, approving the classification title amendment as outlined in the report. RESOLUTION NO. 3528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 975 BY REVISING CERTAIN CLASS TITLES IN THE POSITION CLASSIFICATION PLAN FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT. Item #11: Consideration of Proposed Amendments to Certain Classification Titles for Temporary and Seasonal Employees Not Placed Within the Position Classification Plan. Recommendation: That the City Council of the City of Cypress, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, title as follows, approving the amendments to certain classification titles for temporary and seasonal employees not placed within the Position Classification Plan, as outlined in Attachment "A" of the staff report; and 2) Delete the positions of Day Care Coordinator, Program Promotion Coordinator, and Code Enforcement Officer from the temporary and seasonal classification plan. RESOLUTION NO. 3529 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTI ON NOS. 3218, 3272, AND 3322 BY ADDING AND CHANGING CERTAIN CLASSIFICATION TITLES FOR TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED WITHIN THE POSITION CLASSIFICATION PLAN. Item #12: Consideration of Renewal of Blood Alcohol Testing Contract. Recommendation: That the City Council approve the contract renewal for blood alcohol testing to California Forensic Phlebotomy, 2401 East 17th Street, Suite 179, Santa Ana, California 92701, at $25.00 per test. Item #13: Consideration of Professional Photographic Services. Recommendation: That the City Council authorize staff to renew its contract with Cypress Photo Art, 6177 Ball Road, Cypress, California 90630, for annual professional photographic services for the period of March 1, 1989 through February 28, 1990, as outlined in the report. Item #14: Consideration of Resolution Commending Boy Scout Edward Maurice Cramp on Attaining the Rank of Eagle Scout. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scout Edward Maurice Cramp on Attaining the Rank of Eagle Scout. RESOLUTION NO. 3530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT EDWARD MAURICE CRAMP ON ATTAINING THE RANK OF EAGLE SCOUT. Item #19A: Consideration of Donation of Surplus Eight (8) Electric Vans. Recommendation: That the City Council authorize the donation of eight (8) surplus electric vans to the United States Department of the Navy. ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. 3 ...'i -"] j 4 City Council Meeting February 27, 1989 Ms. Mary Kluver, 9805 Holder Street, Cypress, complained about the traffic on Holder Street, the incorrect markings on the street, the excessive speed on Holder and a lack of police activity since last November. The Public Works Director stated that the lane markings have been withheld because the street will be resurfaced. The Traffic Engineer has been working with the City of Buena Park, the street signs have been ordered and the bike lane wi 11 be marked from the corner of Orange to the corner of Ball. ,,"".''- Ms. Marje Everett, Hollywood Park Race Track, complimented the City of Cypress on the outstanding people on its team and appreciated the cooperation she had received. She stated that the personal attacks on her and Hollywood Park were hitting below the belt but they kept their campaign directed toward the issues and not the personalities. She commented that it had always been the plan to take the excess property and develop it appropriately and cooperatively with the City; to do it in a manner that would make a contribution to the City and then to build a fine racing facility. She also stated that Hollywood Park had a fiduciary responsibility to its 5000 stockholders and they are in a position to proceed with their litigation; there wi 11 be no more elections and there wi 11 be no more holding patterns. Mr. Morrie Spatz, 4508 Larwin Avenue, Cypress, commented about the 2 minute limitation on speakers. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. None were presented. Mayor Davis read a statement from the City on the recent election and the decision rendered by the citizens on the Cypress Downs Proposal and it is imperative that the City Council find a solution to the problem of how the Los Alamitos Race Track property will be allowed to develop in a manner acceptable to the community. The return to active litigation will be a long and costly process without certainties. He also mentioned an item on the Agenda when the ....... Council wi 11 discuss the concept of hiring a planning consultant(s) to update the General Plan and perhaps develop specific plans in some areas of the City. Jj (The full text of this statement is on file in the City Clerk's office.) Mayor Davis also mentioned the Cypress Civic Theater Guild doing an outstanding job in presenting the Neil Simon play entitled "The Odd Couple" and everyone is encouraged to attend this production. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda. Councilmember Kanel asked that the agenda addendum item on a General Plan Update, be discussed immediately after the Public Hearings and hearing no objection, Mayor Davis so ordered. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-21, COMBINED USE COMMERCIAL BUILDING, 30-UNIT APARTMENT COMPLEX, INCLUDING SIX DENSITY BONUS UNITS. 6292 LINCOLN AVENUE: Mayor Davis opened the public hearing. The staff report dated February 17, 1989 indicated that the applicant has requested a continuance of this item. It was moved by Councilmember Age and seconded by Councilmember Kanel to continue C.U.P. No. 88-21 to the meeting of April 10, 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: CONDITIONAL USE PERMIT NO. 88-32, TEN APARTMENT UNITS, INCLUDING TWO DENSITY BONUS UNITS, 5462 DELONG STREET: Mayor Davis opened the public hearing. The Planning Director summarized the staff report dated February 21, 1989, which indicated that the applicant had submitted a revised site plan which relocates the project driveway entrance from DeLong Street to Walker Street in response to concerns raised by residents during the public hearing. She added Condition #31, which stated: "No access shall be permitted on DeLong Street." and amended Condition #27 for clarification. 4 - 5 City Council Meeting February 27, 1989 Mr. Michael Megan, 2700 N. Main Street, Santa Ana, attorney for Daisan Development Limited Partnership, stated that they had made the requested changes in the site plan and urged the Council to approve the application. No one wished to speak in support of the project. Mr. Jim Eisenbach, 5431 DeLong Street, Cypress, stated he opposed the project. Mr. Barry Cannata, 5331 DeLong Street, Cypress, expressed his opposition to this project because of the overdevelopment of a residential neighborhood. He also commented on the lack of sight distance from DeLong Street to Walker Street and the need for a "no parking" zone at that corner and requested some further traffic study of this corner. Councilmember Kanel remarked that a compromise has been attempted by placing the driveway on Walker Street. He does not consider this a bad plan because the project faces Walker Street and that street has multiple zoning and he leans toward approval of this project. No one else wished to speak in opposition. 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 Conditional Use Permit No. 88-32 subject to conditions, including the condition presented this evening. He also requested that another condition be included and the Public Works Director proposed language defining the red curbing to the effect that it would be "50 feet from the beginning of the curb at the intersection on DeLong Street as it approaches Walker Street." Councilmember Kerry advised that she was pleased with the revisions made by the developer in response to the Counc i 1 ' s requests. She expressed concern about the zoning of DeLong Street and if the street is sufficiently wide. Mayor Davis commented that he does not support the project because of Walker Street traffic and suggested researching the zoning to determine how much traffic the streets can carry. The motion carried by the following roll call vote. AYES: 4 COUNCILMEMBERS: Age, Arnold, Kanel and Kerry NOES: 1 COUNCILMEMBERS: Davis ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-2, PET SHOP AND GROOMING PARLOR, 11741 VALLEY VIEW STREET: Mayor Davis declared the pub 1 i c hearing open. The Planning Director presented the staff report dated February 17, 1989 which represented a request to operate a pet shop and grooming parlor in a neighborhood shopping center located at 11741 Valley View Street. In accordance with the California Environment Quality Act, staff is recommending that a Negative Declaration of Environmental Impact be filed for this project. Notices of this public hearing were published, posted and mailed to all property owners within a 300 foot radius. Mr. Bill Simpson, 5732 Huntley, Garden Grove, the applicant, explained the configuration of the shopping center where the proposed pet shop will be located and felt that this business would be an asset to the neighborhood. No one else wished to speak in support of the project. Mayor Davis asked if anyone wished to speak in opposition to the application. Mr. Raymond Leary, 5922 Santa Catalina Street, Garden Grove, expressed his opposition to this project because of the potential noise problem. Mr. Jim Stone, 5931 Santa Catalina Street, Garden Grove, a resident adjacent to the shopping center, objected to the proposed pet shop because of the noise from barking dogs. No one else wished to speak in opposition. c; /6- ~ 6 City Council Heeting February 27, 1989 Hr. Simpson explained that the most puppies, at anyone time, would be 4 or 5, kept at the front of the shop and no large dogs can be kept overnight. It was mov~d by Councilmember Arnold and seconded by Councilmember Kanel 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. 89-2, subject to conditions. Councilmember Arnold remarked that she was comfortable with the entire plan ~ and there have been no problems with the applicant's other pet shop in a shopping center and every measure had been taken to eliminate noise. Councilmember Kanel remarked that most of the business would be grooming and the sale of ~et supplies. He stated that if this establishment does create excessive noise, the Council does have the right to reopen the conditional use permit. Councilmember Age commented that she believed the pet shop was too close to a residential neighborhood and would not support the application because of the potential noise problem. Mayor Davis expressed his support of the application and if there are problems, they should be brought to the attention of the Council. The motion carried by the following roll ca 11 vote: AYES: 4 COUNCILMEMBERS: Arnold, Kane 1 , Kerry and Davis NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF DISCUSSIONS REGARDING A GENERAL PLAN UPDATE, A STUDY OF THE PUBLIC AND SEMI-PUBLIC ZONE, AND THE GENERAL REDEVELOPMENT OF THE CITY OF CYPRESS: Mayor Davis deferred to Councilmember Kanel who had requested this - item be placed on the Agenda. Councilmember Kanel mentioned he had suggested forming a large blue ribbon committee. He believed what the Council should consider reviewing the General Plan, the various types of zoning and obtain professional planning consultants to work with the staff and possibly a citizens committee to determine what could be considered a compromise. Councilmember Arnold declared that it was important that the City review its General Plan to determine what is appropriate for many areas of the City. She didn't see the need to rush into a request for proposal from consultant groups without more discussion with the staff and cannot understand the urgency of taking action this evening. There are first steps to be dealt with and those are the matters of major litigation. The City Attorney stated that this item does involve the Hollywood Park property in some way, but there are many things, 1. e. , the General Plan has not been reviewed for some time and the PS zoning throughout the City needs review. He advised that there are a lot of general things that need to be done quickly and there may be ideas that appeal to the Counc i 1 , the public and the property owner that will resolve this matter. The City Manager concurred and perceived the staff report as a preliminary step. If Counc i 1 made the motion this evening, staff would meet with the City Attorney to talk about alternatives and types of proposals to be sought from outside consultants. He advised that this would be brought to Council for further discussion and deliberation. ... Councilmember Kerry asked if staff would acquire consultallts that would accept .. citizen participation in the design and planning, coming in as a team, looking at all the aspects and return to Council with proposed alternatives. Councilmember Age commented that she did not want to tie up City money if the property owner does not agree to a study. Councilmember Kerry stated that it is to everyone's benefit to attempt to determine what this community wants on that property, what is financially possible and review the Public/Semi-Public zoning. Councilmember Arnold supported providing direction to the staff to return to Counc i 1 with a plan so that the Council could submit requests for proposal. 6 City Council Minutes February 27, 1989 1 She stated it was her understanding that the Council would be reviewing the entire General Plan and voiced her support of reviewing that Plan. The City Attorney clarified that there are two kinds of specific plans and provided reasons why it may be too early to bring in citizen participation. Councilman Kanel advised that this blue ribbon committee needed to consist of citizens of diverse backgrounds and economic groups that could work with the consultants in the future. He would hope for approval to hire consultants, but the staff would prepare information of what has to be done, return to Council for review and then send out request for proposals. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to direct the City Manager, the City Attorney and the Planning Director to prepare materials to be brought back to the Cypress City Council in the form of requests for proposals to be sent to firms having expertise in planning to update the General Plan, study the various zoning designations and any other types of mechanisms for utilizations of properties in the community and in the general redevelopment of the City of Cypress. He further stated that we are actually voting for consultants, that's part of this vote, that they will be hired, but are asking staff to bring that material back to the Council for refinement and subject to Council's approval, then send it to the qualified firms throughout Southern California. Councilmember Kerry suggested that the consultants used be required to include citizen participation in the design and planning, which is more of an urban designer rather than just a planning group. Mayor Davis suggested making this one of the conditions after the report prepared by staff comes back to Council. Councilmember Age stated that if the Council does not propose an entire general plan review initiated by the staff, she wi 11 not support the motion. Mayor Davis stated, for clarification, that there is a recommendation to staff to compile the criteria and present the parameters of the requests_for proposal to Council and receive direction. Councilmember Kanel asked Councilmember Arnold that if the staff came back with the various plans, did she support hiring consultants. Councilmember Arnold replied in the affirmative if Council could agree on what the City is hiring the consultants to do. She also stated that she is not prepared to vote tonight to definitely hire consultants. She would prefer to vote on a program that is provided the Council which represents the combined efforts of the City Manager, the City Attorney and the Planning Department for Council '5 modification and approval. Councilmember Kanel asked Councilmember Age if she was in favor of hiring consultants when staff reports to Council and she replied in the affirmative. After the Council agreed to support the hiring of consultants after staff had prepared the various alternatives, Councilmember Kanel modified his motion to direct staff to provide information to the Council at the meeting of March 13, and upon Council approval of the parameters, send to various consultants for requests for proposals. Councilmembers Kerry withdrew her proposed amendment and seconded Councilmember Kanel '5 amended motion. As requested by Councilmember Age, a transcript of the following portion of the minutes is on file in the City Clerk's office. The City Manager stated he envisioned the request was that staff return to Council with conceptual ideas of what types of consulting work are required as directed but didn't believe there was time to draft specific RFPs. Councilmember Kanel concurred. Councilmember Kanel stated that the staff is to return with conceptual ideas at the next meeting and then the Council wi 11 inform staff of their suggestions and then staff will send requests for proposals. 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 7 ,- 8 City Council Minutes February 27, 1989 . RECESS: Mayor Davis called a recess at 10:00 p.m. The meeting reconvened at 10:17 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF STRAIGHT TALK ISSUES: The Public Works Director presented the staff report dated February 16, 1989, which indicated a firm had been retained to do the traffic counts on Camp Street on February 7, 8 and 11 with copies of the field data sheets with the observed information entered. Also counted was traffic on two other typical residential streets in Cypress. Councilmember Age complimented staff on the report. f!i'o' Mr. Bruce Robbins, Executive Director of the Straight Talk Clinic, commented on the traffic count report, agreed with the conclusions but had some questions about the reliability of the data. Mr. Jack Johnston, 5664 Camp Street, Cypress, expressed concern about the Straight Talk Clinic and commented on the traffic on Camp Street and the traffic report. He also asked the Council if the City has considered another location for Straight Talk. Councilmember Kerry asked Mr. Johnston if the traffic were slowed, would the problem be solved. Mr. Johnston responded that the only way the problem can be solved is to remove Straight Talk from Camp Street. Responding to Councilmember Age, Mr. Johnston answered that if the traffic on Camp Street is halved and the speed cut, it might be acceptable. Mr. Richard Ebert, 5722 Camp Street, Cypress, the neighbor adjacent to Straight Talk Clinic, took exception to some of the traffic counts reported and advised that other groups use the school yard. He stated he has never had any complaints about noise and the clients are well behaved. Councilmember Kanel advised that the question that has to be decided is whether exposure could be minimized or if there is a possibility that Straight Talk would move into other quarters. - Councilmember Kanel suggested that a letter from Mr. Robbins be read into the record relative to his response to the questions asked by the neighbors. Mayor Davis provided a synopsis of the letter, which addressed affordable relocation of the Straight Talk Clinic and the complete text is on file in the City Clerk's office. Councilmember Arnold suggested that other groups may use the Straight Talk parking lot to drop children off, asked about the possibility of using a portion of the school parking lot as an entrance to Straight Talk and blocking off Straight Talk driveway entrance on the weekends. Mrs. Joan Oper, 5531 Camp Street, Cypress, expressed some of the oplnlons of the residents on Camp Street and wondered if some portion of Barclay College might be available for Straight Talk. She also mentioned some discrepancies in the traffic report. Mr. Charles Doyle, 5668 Camp Street, Cypress, mentioned the packet that was presented to the Council previously and he has not heard those concerns addressed at the Council meetings. He advised that the residents will see it to the end and get the Straight Talk Clinic moved off of Camp Street. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated that Straight Talk has been on Camp Street for 16 years, a credit to Cypress and he has taken it upon ~~' himself to investigate what goes on Camp Street. Mrs. Barbara Johnson, 5247 Hanover Drive, Cypress, stated she was asked to do an informal market analysis on Camp Street and surrounding streets to determine if property values were an issue. Councilmember Kerry stated that there may be some benefit to blocking off the Straight Talk driveway in an attempt to reduce some of the problem. She suggested working on some of the things that can be mitigated, does not want to close the issue and wants Straight Talk to stay in Cypress. 8 t..'" 9 ' , City Council Meeting February 27, 1989 Councilmember Kanel suggested the driveway be blocked and the gate to the school ground be locked on the weekend. Mrs. Joan Johnston, 5664 Camp Street, Cypress, stated there was no problem with the Little League using the Camp Street school ground entrance. It was moved by Councilmember Age and seconded by Councilmember Arnold to defer this item to the Traffic Commission and return to Council with some suggested solutions to the traffic issues and receive and file the traffic study. Councilmember Age stated she is not in favor of moving Straight Talk at this time but the traffic issues do need to be worked out. Councilmember Kanel stated he would vote against the motion because he doesn't think it should be referred to the Traffic Commission and suggested the Public Works Director return to Council with some solutions to the traffic problem. He would rather see it resolved between the Council and the Public Works Department rather than referring it to the Traffic Commission. Councilmember Kerry stated she didn't mind having the Commission review the traffic issue to determine if they can arrive a some solution, but doesn't want to ask the residents and Straight Talk the same questions over again. Councilmember Kanel stated he could support the motion if there were time limits established and all information provided to the Traffic Commission. Councilmember Age concurred with the addition of that proviso. 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 STATUS OF CODE ENFORCEMENT ACTIVITIES: The staff report dated February 22, 1989 indicated that the code enforcement officer will return to work full time on March 6, 1989. It was moved by Councilmember Kanel and seconded by Councilmember Age to receive and time the report. The motion unanimously carried by the following roll call vote: AYE: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REIMBURSEMENT OF WATER CHARGES: The staff report dated February 17, 1989 indicated that the Cypress Village Homeowners Association had been paying for water charge~ that should have been billed to the City of Cypress and have asked to be reimbursed for expenditures for the past four years. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to authorize a check in the amount of $7,379.06 be issued to the Cypress Village Homeowners Association (CVHAI as reimbursement for City water charges erroneously billed by the water company to CVHA and an additional appropriation in the amount of $7,379 from the unreserved fund balance of the General Fund to account #4202-11-217-08. 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 INCREASE IN RESIDENTIAL REFUSE DISPOSAL RATES: The City Manager presented the staff report dated February 17, 1989, which indicated that the City's refuse disposal contractor, Briggeman Disposal Services, Inc. , has indicated their need to increase the rate charged residential customers to $1.76/month per residence. Mr. George Briggeman, Briggeman Disposal, reported that another increase in landfill gate fees is tentatively scheduled for July. He also reported that hazardous wastes are an expensive, ongoing problem and dropoff points for hazardous wastes will be opened. 9 / / 10 . City Council Minutes February 27, 1989 It was moved by Councilmember Arnold and seconded by Councilmember Kanel to approve the $1.76 increase in residential refuse disposal rates and the new rate of compens~tion for Briggeman Disposal Services Inc. 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 PARTICIPATING AS A PATRON OF THE CYPRESS HIGH SCHOOL'S "CENTURION" 1989 YEARBOOK: The staff report dated February 22, 1989 indicated li!- a communication had been received from Cypress High School requesting the City Council's participation as a yearbook patron for a minimum contribution of $25. It was moved by Councilmember Kanel and seconded by Councilmember Age to approve the City Council's contribution in the amount of $25. The motion unanimously carried by the following roll ca 11 vote: AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ORDINANCES AND POLICIES CONCERNING ADMINISTRATION PROCEDURES FOR BUILDING PERMITS AND CERTAIN PUBLIC WORKS CONTRACTS: The staff report dated February 21, 1989 indicated that two ordinances, a policy memorandum and a resolution were prepared by the City Attorney and each of the documents addresses policies and procedures that the City and/or the Redevelopment Agency would use in monitoring contractors and subcontractors. It was moved by Councilmember Kanel and seconded by Councilmember Kerry to approve the first reading of the Ordinances by titles only, titles as follow, concerning administration procedures for building permits and certain public - works contracts and that the City Council, acting as the Board of Directors of the Cypress Redevelopment Agency, adopt the Resolution by title only, title as follows, approving a policy providing for the payment of the prevailing wage. ,.. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-2IA)12), 8-5, 8-6 AND 19-2 OF THE CODE OF THE CITY OF CYPRESS TO REQUIRE THE IDENTIFICATION OF ALL SUBCONTRACTORS AS A CONDITION OF BUILDING PERMIT ISSUANCE. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 21A-16 OF THE CODE OF THE CITY OF CYPRESS TO REQUIRE CONTRACTORS ON CERTAIN PUBLIC WORKS CONTRACTS TO PARTICIPATE IN APPRENTICESHIP AND/OR TRAINING PROGRAMS. RESOLUTION NO. CRA 39 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS ADOPTING A POLICY PROVIDING FOR THE PAYMENT OF THE PREVAILING WAGE ON CERTAIN AGENCY CONTRACTS. The motion unanimously carried by the following roll call vote: .... AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis fio. NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF TOP MANAGEMENT AND MID-MANAGEMENT SALARIES: The staff report dated February 21, 1989 indicated that this item is scheduled for discussion at the closed session of the February 27, 1989 Council meeting. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this item to March 13, 1989. The motion unanimously carried by the following roll call vote: 10 ..-- -,- '/ 11 City Council Minutes February 27, 1989 AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST OF CITY COUNCIL AUTHORIZATION FOR LEGISLATIVE ADVOCACY: SUMMARY REPORT ON CERTAIN CALIFORNIA STATE LEGISLATIVE ACTIVITIES TO DATE: The staff report dated February 21, 1989 represented a request to the City Council to provide staff with the flexibility to act on the League of California recommendations concerning legislation. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to: 1) authorize staff to prepare letters for the Mayor's signature and/or make telephone calls on behalf of the Mayor and City Council supporting the League of California Cities , position on proposed legislation; 2) authorize staff to make a recommendation to the City Council on whether to support or oppose proposed legislation where the League has not taken a position or where staff disagrees with the League's position; 3) authorize the tracking of the specific pieces of legislation as outlined in this report; and 4) approve the other legislative advocacy recommendations as outlined. 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 SENIOR CITIZENS COMMISSION VACANCIES: The City Manager referred to the staff report dated February 21, 1989, which described the method of appointment of Commission members. It was moved by Councilmember Kanel and seconded by Councilmember Age to 1) automatically appoint the four alternates as members of the commission; 2 ) reappoint commission Leo Abrams to a second four year term and 3) direct staff to advertise for the one commission vacant seat and four alternate seats. 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 APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30923 - 31213: It was moved by Councilmember Arnold and seconded by Councilmember Kanel to approve the Warrant List for Warrant Nos. 30923 through 31213 in the amount of $587,630.97. 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 CITY OF FULLERTON'S RESOLUTION OPPOSING THE ADOPTION OF THE AIR QUALITY MANAGEMENT PLAN: The City Manager summarized the staff report dated February 24, 1989, which indicated that a communication was received from the City of Fullerton requesting Cypress , support in opposing the adoption of the Air Quality Management Plan. Councilmember Kanel suggested that when the Councilmembers attend the meeting, they should be open minded, listen to all the pros and cons and then caucus at the table instead of taking a position now. Responding to Councilmember Arnold, the City Manager advised that staff did not support the plan because the rulings would create substantial impacts on local governments. Councilmember Arnold stated that as long as there are major concerns, it is the Council's responsibility to study this issue further even though we are certainly supportive of air quality measures. Councilmember Kanel advised that the program was not going to be implemented immediately, it would take a long time and the proposed plan will probably be changed and amended. He suggested that the Council listen to the arguments at the League meeting and then make their decision. 11 12 City Council Minutes February 27, 1989 After further discussion, the City Manager advised that the decision could be made at the League meeting after hearing both sides and the staff will provide the Council with informational summaries. Councilmember Arnold stated that if she was not able to attend this meeting, she was against the Plan. Mayor Davis suggested that no action be taken on this item this evening, Councilmembers attend the League of Cities meeting and make their decision after hearing all the arguments. Hearing no objection, the Mayor so ordered. ~, Recreation & Park District Matters: CONSIDERATION OF REGISTRATION PROCEDURES FOR KIDS CORNER PROGRAM: The Recreation and Park Director reviewed the staff report dated February 21, 1989 which indicated that the Recreation and Community Services Commission had reviewed the registration procedures and made their recommendations. It was moved by Councilmember Kerry and seconded by Councilmember Arnold that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve the Kids Corner program registration procedure as recommended by the Recreation and Community Services 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 OF AWARD OF CONTRACT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES TO PRODUCE ENGIN~ERING AND TRAFFIC SURVEYS, REQUEST FOR QUOTATION 8889-35: The staff report dated February 8, 1989 indicated that four bids were received in the Purchasing Office for traffic engineering consultant services to produce engineering and traffic surveys. - It was moved by Councilmember Kanel and seconded by Councilmember Age to 1) transfer $8800 from account 4001-11-260-07 to account 4189-11-264-07, and 2) accept the bid received from Kunzman Associates, Transportation Planning and Traffic Engineering, 4650 Barranco Parkway, Irvine, CA 92714 as the lowest responsible bidder and award a contract to this company for traffic engineering consultant services to produce engineering and traffic surveys in the an amount not to exceed $8800. 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 AWARD OF CONTACT FOR ONE (1) DOCUMENT PERFORATOR, REQUEST FOR QUOTATION 8889-32: Three bids were received in the Purchasing Office for one (1) document perforator. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to 1) appropriate $68.00 from the unreserved fund balance of the General Fund to account 4812-90-656-35; 2) reject the bid received from Checkwriter Service Company as not meeting City specifications, and 3) award the contract for one (1) document perforator to Cummins-Allison Corp., 11752 Garden Grove Blvd., #103, Garden Grove, CA 92643 in the amount of $2568.00. The motion unanimously carried by the following roll ca 11 vote: ... AYES: 5 COUNCILMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ....,llii ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF CONTRACT WITH KAISER PERMANENTE HEALTH PLAN, A HEALTH MAINTENANCE ORGANIZATION: The staff report dated February 21, 1989 indicated that the Kaiser Health Benefit Plan was reviewed and found to contain the same benefit level provisions at the same benefit coverage levels as the FHP plan. The overall monthly premium savings would be approximately 8.9% and the Kaiser plan can be made available to employees effective March 1, 1989, with no minimum enrollment requirement and no initial administration fee. 12 t1 .. , c.? ~;, f/ ,,~'" <f >- 13 City Council Minutes February 27, 1989 It was moved by Councilmember Arnold and seconded by Councilmember Age to authorize staff to enter into an agreement with Kaiser Permanente, a Health Maintenance Organization (HMO) effective March 1, 1989, to provide City/District employees with an additional option for health benefit coverage at the 1989 plan year rates. 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 CONTRACT FOR DATA PROCESSING SERVICES: The staff report dated February 17, 1989 indicated that the Police Department has a need for data processing services which are not covered under the present software support contract with B.I.S. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to award a contract to Dynamic Data Systems, 662 Thoreau Lane, Ventura, CA 93003, for EDP services as outlined at a rate of $50.00 per hour not to exceed a total contract amount of $5,700.00. 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 AWARD OF CONTRACT FOR COMPUTER MEMORY: The staff report dated February 17, 1989 indicated that the new release of the word processing software requires more memory than the existing program and has caused some operational difficulty in five workstations because of other software applications. It was moved by Councilmember Arnold and seconded by Councilmember Kanel to 1) dispense with competitive bidding pursuant to City Code Section 21a-8f, 2 ) transfer $1,222.00 from account 4445-90-656-35 and $252.00 from account 4448- 90-656-35 to account 4816-90-656-35, 3) transfer $2211.00 from account 4541- 83-650-35 to account 4508-83-650-35 and 4) award a contract to Integrated Systems Group, 920 E. Broadway, Glendale, CA 91205 for the purchase of the memory modules in the amount of $3,683.50 as outlined in the above report. 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 AWARD OF CONTRACT FOR ONE (I) HYDRAULIC CIRCULAR SAW: The staff report dated February 16, 1989 indicated that bids were received for the purchase of one (1) hydraulic circular saw. It was moved by Councilmember Kanel and seconded by Councilmember Arnold to 1) authorize the transfer of $636.00 from account 4486-90-656-35 (backflow device test kit) and $134.00 from account 4485-90-656-35 (walk behind aerator) to account 4815-90-656-35, and 2) award a contract to Arko Equipment, 19062 E. San Jose Avenue, City of Industry, CA 91748 for one (l) hydraulic saw in the amount of $769.90. 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 ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Councilmember Arnold and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving Variance No. 88-9. RESOLUTION NO. 3531 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 PERMIT A MONUMENT SIGN WITH 300' OF AN EXISTING ENTRY SIGN - VARIANCE NO. 88-9 (SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE). 13 ~.;) - ,,~) jl/ / t/ 14 i City Council Minutes February 27, 1989 Mayor Davis and Councilmember Kerry had opposed Condition #8 on this variance, which was voted on as a separate item. The motion unanimously carried by the following roll call vote: AYE: 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 Councilmember Kerry to adopt the Resolution by title only, title as follows, granting a variance from the terms of the zoning ordinance. Mayor Davis and Councilmember Kerry stated they would support the variance, except Condition #6, which they had opposed earlier. RESOLUTION NO. 3532 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 THREE OFFSITE SIGNS - VARIANCE NO. 88-10 (SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE). 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 Kanel to adopt the Resolution by title only, title as follows, approving C.U.P. 89-1, with conditions. Mayor Davis and Councilmember Kerry stated they will support this Resolution with the exception of Condition #34. .-... RESOLUTION NO. 3533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89-1 - WITH CONDITIONS (CARL'S JR. DRIVE-THRU RESTAURANT, SOUTHWEST CORNER OF CERRITOS AVENUE AND VALLEY VIEW STREET). The motion unanimously carried by the following roll call vote: AYES: 5 COUNClLMEMBERS: Age, Arnold, Kanel, Kerry and Davis NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Kanel to adopt the Resolution by title only, title as follows, approving the amendment to C.U.P. 87-34, with conditions. RESOLUTION NO. 3534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-34 - WITH CONDITIONS (MODIFICATION TO PARKING, 10503-10581 VALLEY VIEW STREET). The motion carried by the following roll call vote: Age, Arnold, Kanel, Kerry and Davis ,..".. AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None " It was moved by Councilmember Kanel and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, approving revised Parcel Map 88-301, with conditions. RESOLUTION NO. 3535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING REVISED PARCEL MAP NO. 88-301 - WITH CONDITIONS (DIVIDE ONE PARCEL INTO SIX PARCELS, SOUTHWEST CORNER OF VALLEY VIEW STREET AND CERRITOS AVENUE) . 14 /6 City Council Minutes 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 POLICE MANAGEMENT SALARY RESOLUTION: The City Manager advised that the Resolution is acceptable to the Police Management Association with the understanding that the increase will be retroactive to December 28, 1987, with the salary range levels remaining the same. It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, amending Resolution No. 3393. RESOLUTION NO. 3536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 3393, ESTABLISHING SALARIES FOR CITY EMPLOYEES DESIGNATED AS MANAGEMENT PERSONNEL. ORAL COMMUNICATIONS: For Matters Not on the Agenda: Councilmember Kanel presented the Mayor's Plaque to William Davis, on behalf of the members of the Council, upon his resignation from that position due to relocation, and Community Service Plaques for his service to the Community as a member of the Recreation and Community Service Commission and member of the Cypress City Council. Mayor Davis thanked the Council and expressed his appreciation and enjoyment for the working relationship over the last years spent with the City of Cypress. His resignation will be effective on February 28, 1989. Councilmember Kanel expressed his personal views on Mayor Davis , service to the City. Councilmember Kanel asked if there were any suggested dates on whIch to conduct the workshop and possibly for interviews for City Council appointment. Responding to Councilmember Age, the City Attorney advised that the Council has 30 days from the time they declare a vacancy and an appointment must be made in the 30 days or an election called. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Davis adjourned the meet!n" at 12:45 p /A);J1i-. ~ MAYOR OF THE CITY OF CYPRESS ATTEST: CITY ~ff~~OF CYPRESS ---~ 15