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Minutes 89-04-24 55 ! '. ; , MINUTES OF AN ADJOURNED AND REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 24, 1989 The adjourned meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, April 24, 1989, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem Kanel presiding. PRESENT: Councilmembers Age, Arnold, Kerry and Kanel ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Hurst and Leonard. CLOSED SESSION: Mayor Pro Tem Kanel called for a closed session at 4:02 p.m. to discuss matters of personnel and litigation. The regular meeting of the Cypress City Council was called to order at 5:58 p.m. on Monday, April 24, 1989, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem Kanel presiding, with all Councilmembers present and staff members Beardsley and Hurst also present. Mayor Pro Tem Kanel and all Councilmembers returned to the closed session at 5:59 p.m. to continue discussion on matters of personnel and litigation. The meeting reconvened at 7:10 p.m. with all Councilmembers present and staff members Beardsley, DeCarlo, Eynon, Hurst and Lowenberg also present. CEREMONY IN MEMORY OF THE VICTIMS OF THE HOLOCAUST - MR. ALVIN WEINBERG: Mr. Alvin Weinberg led the commemorative service to observe April 30 through May 7, 1989 as the Days of Remembrance of the Victims of the Holocaust. He reported that the U.S. Holocaust Memorial Council was established by Congress in 1980 as a national commitment to remember the Holocaust, and the Council plans and sponsors annual civic observances, operates a museum in Washington, D.C. and has undertaken many activities to increase understanding of the Holocaust. Cantor Arthur Shragg of Temple Ben Emet gave the benediction and Shari and Joanna Brookler each read a message. Mr. Weinberg read of an act of martyrdom in Warsaw in 1942 and reported on the atrocities of the Holocaust. Community members who participated in a candle lighting ceremony were: Mitch Lee, Alan Miles, the Mencher Family, the Weinberg Family, the Bloch Family, Steve Robbins, Eva Selnick, Bonnie Merlis and her children, Dr. Shapiro, the Moskowitz Children and the Tolkin Family. Mayor Pro Tem Kanel read a Proclamation from the City Council declaring April 30 through May 7, 1989 as the Days of Remembrance of the Victims of the Holocaust and made the presentation to Mr. Weinberg. Mr. Weinberg expressed his thanks to the City Council and to all those citizens who attended the annual observance. RECESS: Mayor Pro Tem Kanel declared a recess at 7:37 p.m. and reconvened the meeting at 7:45 p.m. with all Councilmembers present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Arnold. ORAL COMMUNICATIONS: For Hatters Not on the 7:30 p.m. Agenda. Don and Marlene Peterson, 8212 Gay Street, Cypress, questioned the dedication of 42 feet of their property for an arterial street and she wanted to determine the City's plans so she can decide whether to proceed. The Public Works Director noted that there is a discrepancy between the Orange County Master Plan of Arterial Highways and the City Circulation Element and they are attempting to resolve that discrepancy. Responding to Mayor Pro Tem Kanel, the City Attorney answered that more research is required on the matter and staff will return to Council with a recommendation on May 8, 1989. 1 n: 56 City Council Minutes April 24, 1989 ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. None were presented. The City Manager stated that becluse of the length of the Executive Session and the Presentation, no action was taken on the 5:30 p.m. Agenda items. The City Attorney summarized the discussions in the Executive Session on top and mid management salaries, met with the City representative for real property acquisition in the Civic Center area and discussed the status of litigation involving the Hollywood Park property. ,...,~' It was moved by Councilmember Kerry and seconded by Councilmember Arnold to retain Mr. Anthony Murray, and other lawyers, with the firm of Ball. Hunt. Hart. Brown and Baerwitz to represent the City with regard to the Federal District Court case involving Hollywood Park Realty Enterprises vs. the City of Cypress at a blended rate of $195 per hour. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age. Arnold. Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None At the request of Councilmember Kerry, the City Attorney advised that the City's representatives met with the law firm representing Hollywood Park Realty in an attempt to set forth a schedule for the appeal. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT OF DEVELOPMENT AGREEMENT NO. 82-1. CYPRESS CORPORATE CENTER: Mayor Pro Tem Kanel opened the public hearing. The Planning Director advised that the latest communication from the applicant requested that this item be withdrawn. It was moved by Councilmember Kerry and seconded by Councilmember Age to withdraw this item. The motion unanimously carried by the following roll call vote: ~ AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 89-7. ORIENTAL MINI-MARKET WITH OFFSITE BEER AND WINE, 9111 VALLEY VIEW STREET: Mayor Pro Tem Kanel declared the public hearing open. The Planning Director presented the staff report dated April 13, 1989, which represented a request to operate an Oriental Mini-Market with the offsite sale of beer and wine, to be located within the Campus View Center at 9111 Valley View Street. In accordance with the requirements of the California Environmental Quality Act. a Negative Declaration will be filled for this project. Notices of this public hearing were posted, published and mailed to all property owners within a 300-foot radius. Mr. Herb Andrews, property owner, 18025 Skypark East, Irvine, introduced the applicant and volunteered to answer any questions from the Council. Mr. An Quoc Tran, 7121 21st Street, Westminster, stated he wished to open an Oriental specialty market with food and grocery items. Responding to Mayor Pro Tem Kanel, the Planning Director stated that the proposed hours of operation were provided by the applicant. Mayor Pro Tem Kanel then suggested providing an option that the opening hour of business - could be 8:30 a.m. Mr. Andrews referred to Condition #9 proposed by staff, requested clarification of signage and he asked if the applicant would be allowed to use some of the industry-supplied neon signs. No one else wished to speak in support of or opposition to the application. It was moved by Councilmember Age and seconded by Councilmember Kerry 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. 89-7, subject to conditions, including the option to change the opening time of the business to 8:30 a.m. The motion unanimously carried by the following roll call vote: 2 57 City Council Minutes April 24, 1989 ' AYES 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 89-187. CYPRESS LAND COMPANY, SOUTHEAST CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE: Mayor Pro Tem Kanel opened the public hearing. The Planning Director summarized the staff report dated April 17, 1989 which represented a request to subdivide two parcels into four, including a street dedication of Phyllis Drive located on the southeast corner of Valley View Street and Katella Avenue. In accordance with 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. Mr. Rick Shawnee, CSL Engineering, 911 Ashford Circle, Corona, representing Cypress Land Company, stated they had reviewed the conditions of approval and find them satisfactory and acceptable. No one else wished to speak in support of or opposition to the application. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve Tentative Parcel Map No. 89-187, subject to conditions. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: DEVELOPMENT AGREEMENT NO. 88-2. CYPRESS HOMES, INC. , SORRENTO PLANNED COMMUNITY, NORTHWEST CORNER OF BALL ROAD AND MOODY STREET: The public hearing was opened by Mayor Pro Tem Kanel. The City Manager mentioned that in addition to the Development Agreement, there are other issues that will be addressed such as the three party agreement between the school district, the City and the developer. The Planning Director reviewed the staff report dated April 12, 1989, which represented a request by Cypress Homes, Inc. to enter into a Development Agreement with the City of Cypress for the development of the Sorrento Planned Community. A Negative Declaration will be filed for this project according to the requirements of the California Environmental Quality Act. She stated that the environmental documentation on the project is a Negative Declaration because a review of the Environmental Impact Report and what the Development Agreement permits indicate they are the same and do not requirf any new environmental evaluation beyond the original approval. Notices of thl public hearing were posted, published and mailed to all property owners within a 300-foot radius. Councilmember Kerry noted, for the record, that the Specific Plan allows the size of the homes to be up to 4,500 square feet, which is quite large. The Planning Director stated, for the record, that renderings will be presented to the Council in the near future. Mayor Pro Tem Kanel asked if anyone wished to speak in support of the project. Ms. Mary Jane Wozniak, 4480 Avenida Granada, Cypress, asked if the permit also covers the drainage system and if it will take three to rive years to complete. The Public Works Director responded that the Specific Plan allows the temporary retarding basin for no more than five years, then the permanent installation has to be in place. The City Manager commented that because of the concern that exists about the drainage system, the City will attempt to expedite this project. Mr. Chris Madore, 9462 Alderbury Street, Cypress, voiced his concern about the phasing schedule of the project regarding the park and the $500,000 appropriation. 3 ,,"" -~ "-- f' , 58 . City Council Minutes Apri 1 24, 1989 Mayor Pro Tem Kanel asked if anyone else desired to speak in support of or opposition to the project. No one did so. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve the Cypress Homes, Inc. Development Agreement No. 88-2. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None lI"""''ffil ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING COMMISSION: Mayor Pro Tem Kanel provided some background information on this item and referred to the staff report dated April 17, 1989. It was moved by Councilmember Kerry and seconded by Councilmember Arnold to table this item for an indefinite period of time. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF TOP MANAGEMENT AND MID-MANAGEMENT SALARIES: The City Manager advised that, based on prior discussions held during the Closed Session, that these Resolutions could be adopted, excluding the City Manager and Police Chief's salaries. The top step for the Mid-Management salaries would be the labor market average with a section added to the resolution, which would allow for up to a 5% adjustment for exemplary performance to be recommended to the City Council by the City Manager. The entry level would remain as originally presented. It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt - the Resolution by title only, title as follows, establishing salary ranges for mid-management positions. Councilmember Arnold stated that she would vote against this item because she is not in favor of a bonus system. RESOLUTION NO. 3558 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, ESTABLISHING SALARY RANGES FOR MID-MANAGEMENT POSITIONS. The motion carried by the following roll call vote: AYES: 3 COUNCILHEMBERS: Age, Kerry and Kanel NOES: 1 COUNCILMEHBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None The City Manager explained that for Top Management salaries, the entry level would be as revised, the labor market average would be the maximum of the range and there is no bonus provision. It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution, by title only, title as follows, establishing salary ranges for the top management positions, excluding the City Manager and Police Chief"s salaries. - RESOLUTION NO. 3559 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, ESTABLISHING SALARY RANGES FOR THE TOP MANAGEMENT POSITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 4 /, . . ;. . ~ f -' -) ~9 a City Council Minutes Apri 1 24, 1989 CONSIDERATION OF REQUEST FOR PROPOSAL TO PREPARE FOR THE CITY OF CYPRESS A GENERAL PLAN UPDATE AND ASSOCIATED PLANNING STUDIES: The City Manager presented the staff report dated April 17, 1989, which provided a draft Request for Proposal addressing issues associated with the updating of the Cypress General Plan and an in-depth review of six special study areas selected by the City Council. It calls for the consultant team to address several issues, which will be in separate segments so the respective costs can be determined. Responding to Councilmember Arnold, the City Manager answered that the City probably would not go to the consensus building procedure for the Housing and General Plan update, but probably utilize the consensus building for some of the special study areas. After some discussion, Councilmember Arnold asked if the Council should designate initially those areas they perceive as requiring community involvement and the level of that involvement. She asked if there is any indication how many and the kind of meetings needed because some guidelines should be given to those consultants responding to Request for Proposals (RFP) . Mayor Pro Tem Kanel expressed concern about this item not being moved along quickly enough. Councilmember Arnold had asked that two types of proposals be submitted to the Council, one with an estimated number of hours for extensive Community involvement and the other without any consensus building from the Community. The City Manager stated that there are three major segments of the proposal, two of those segments are being bid separately and are not a part of the consensus building process. The third segment was left open to be a perception of the Council once the bids are obtained as to how much citizen input they desired in those areas. After further discussion, the Planning Director suggested changing the RFP to reflect costs for: 1) a minimum public hearing process for each of the study areas; and 2) an estimated number of study hours assigned to each study area, with the explanation of estimated hours to read: "These are estimated hours for each study area; however, the final hours are to be determined and modified after initial public meetings." She provided the number of estimated hours for each of the study areas as follows: Public/Semi-Public zone, 45 hours, Wicker Driie properties, 10 hours; Development issues in the Business Park, 20 hours; Development issues in the recently incorporated County area, 15 hours; Revitalization of Lincoln Avenue, 8 hours; residential zoning designation on Delong Street, 5 hours. The Planning Director stated that the RFP wi 11 include a request that the consulting firms provide their hourly rate. Mayor Pro Tern Kanel stated that the Planning Director"s suggestions sounded plausible and asked for any comments from the Councilmembers. Councilmember Arnold remarked that the suggestions would provide clearer guidelines to bidders on the project and would like to see the RFP presented as described. Mayor Pro Tem Kanel expressed a desire to have the Council select the consultant from approximately three candidates that have been chosen by the staff through a screening and interview process. Councilmember Arnold stated that, with all the guidelines, staff could present three viable candidates and she does not see any reason the Council needs to interview them. Mayor Pro Tern Kanel stated that this is an important item and he would like to have the Council conduct interviews of the viable candidates. He felt the Council could do an admirable job of assessing the top three candidates, with input from the City staff. Councilmember Kerry suggested that perhaps a three to five minute presentation could be given to the Council by the top three candidates. 5 // to 60 City Council Minutes April 24, 1989 Councilmember Age remarked that her opinion was that staff should make the decision, along with the City Manager, because the staff constantly works with the General Plan and the zoning and she believed they are capable of making the proper choice of hiring an unbiased successful bidder. Councilmember Arnold stated that the viable candidates would be submitted to the Council as they routinely are on any other type of bidding situation and the Council would chose from those candidates. Mayor Pro Tem Kanel expressed his disagreement with this procedure and he '"""'~ asked to have an opportunity to review the candidates in person after the City staff has interviewed and narrowed the number of prospective candidates to three. He stated that the planning of the community is very, very important and that is why he would like to be part of the selection process so that it is not left entirely to the City staff. The Council should have the right, and it is probably owed to the citizens, to consider choosing and being part of the choosing of the firm that will be updating the General Plan. It was moved by Councilmember Kerry and seconded by Mayor Pro Tem Kanel to approve the Request for Proposal. modified to reflect costs for the estimated number of hours for each special study area and the minimum public hearing process; asking for the consultants' hourly rate and authorize the Administrative Coordinating Team to recruit for a consultant team to update the Cypress General Plan and perform the associated planning studies with the selection of the successful consultant team will be made by the City staff. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF SCHEDULING INTERVIEWS OF SENIOR CITIZENS COMMISSION APPLICANTS: The staff report dated April 18, 1989 indicated that applications were solicited for the one Commission Member and four Alternate positions that are currently vacant on the Senior Citizens Commission. .."'~ After some discussion. it was determined that the interviews would be conducted on May 8, beginning at 5:00 p.m., with candidates scheduled at five minute intervals. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 31989 - 32321 : It was moved by Councilmember Age and seconded by Councilmember Kerry to approve Warrant Nos. 31989 through 32321 in the amount of $641,315.01. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR LINCOLN AVENUE SIDEWALKS, PUBLIC WORKS PROJECT NO. 8852-90: Seven consulting firms responded with separate technical and cost proposals for the design of the sidewalks along Lincoln Avenue. It was moved by Councilmember Arnold and seconded by Councilmember Kerry to: 1) approve the consultant selection process outlined, concurring with the staff recommendation; 2) award a professional services contract to Harris & Associates, 4281 Katel1a Avenue, Suite 207, Los A1amitos, CA 90720. in an amount not to exceed $16,978.00; and 3) authorize the Mayor to sign and the -, City Clerk to attest the Professional Services Agreement with Harris & Associates. which has been approved as to form by the City Attorney. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE IMPROVEMENT OF LINCOLN AVENUE FROM THE WEST CITY LIMIT TO MOODY STREET, PROJECT NO. 88-3-10, AHFP 1240: Nine bids were received for the improvement of Lincoln Avenue, from West City limit to Moody Street. 6 / 61 ) City Council Minutes Apri 1 24, 1989 It was moved by Counci1member Kerry and seconded by Counci1member Age to: 1 ) determine the lowest responsible bidder for City Project No. 8803-10 to be Vernon Paving Company; and 2) award a contract for the improvement of Lincoln Avenue from the West City limit to Moody street, to Vernon Paving Company, 2544 Woodland Drive, Anaheim, CA 92801, in the amount of $70,797.00. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kane1 NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR CIVIC CENTER WALKWAY REPAIR, PUBLIC WORKS PROJECT NO. 8939: Three bids were received for the repair of the walkway leading to the northeast door of the City Hall. It was moved by Counci1member Arnold and seconded by Councilmember Age to: 1 ) authorize a transfer of $3,500.00 from the fund balance of the General Fund to Account No. 4186-11-471-27; and 2) concur with the staff recommendation to award a purchase order contract for Civic Center Walkway Repair to L.J. Rotunno Concrete Construction, P.O. Box 4568, San Clemente, CA 92672-1908, in an amount not to exceed $3,205.50, per the terms of the proposal. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF A CHAIN LINK FENCE ON THE NORTH SIDE OF THE STANTON STORM CHANNEL, PUBLIC WORKS PROJECT NO. 8901-90: Four bids were received for the construction of a chain link fence from approximately 1000 feet west of Knott Avenue to Valley View Street. It was moved by Counci1member Age and seconded by Councilmember Kerry to: 1 ) determine that the lowest responsible bidder for Public Works Project No. 8901-90 to be Alcorn Fence Company; and 2) award a contract for the construction of a chain link fence on the north side of the Stanton Storm Channel to Alcorn Fence Company, 9901 Glenoaks Blvd., Sun Valley, CA 91352, in the amount of $37,228.30. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF TANK SPRAYER, REQUEST FOR QUOTATION NO. 8889-44: Five bids were received to supply one trailer-mounted power sprayer (electric start). It was moved by Councilmember Kerry and seconded by Councilmember Age to determine Pacific Equipment and Irrigation, Inc. to be the lowest responsible bidder and authorize a purchase order to be issued to Pacific Equipment and Irrigation, Inc., P.O. Box 8000, Industry, CA 91748, for the purchase of one Smithco Model 6802 trailer-mounted, power sprayer, in the amount of $5,961.70, including sales tax and trade-in of Public Works Unit No. 878. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RENEWAL OF ANNUAL CONTRACT FOR THE MAINTENANCE OF TWO (2) POLICE MOTORCYCLES: The staff report dated April 17, 1989 indicated that V.I.P. Motorcycles has offered to renew the maintenance contract on the two Kawasaki motorcycles utilized by the Police Department with no change in rates. It was moved by Councilmember Kerry and seconded by Counci1member Age to authorize the renewal of the maintenance contract for Police motorcycles with V.I.P. Motorcycles, 7241 Orangethorpe Avenue, Buena Park, CA 90621 for the period may 1, 1989 through April 30, 1990. The motion unanimously carried by the following roll call vote: 7 {' , 62 City Council Minutes April 24, 1989 AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel 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 Kerry and seconded by Councilmember Arnold to approve the Consent Calendar Item Nos. 7 through 17. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item ##7: Motion to Approve City Council Minutes of April 3, 1989, April 5, 1989 and April 10, 1989. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meetings of April 3 and April 5, 1989 and the Regular Meeting of April 10, 1989, as submitted. 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 Request From the Cypress Twirlers for Permission to Use the City Council Chamber Plaza Area for Square Dancing on June 24, 1989, July 22, 1989, and August 26, 1989. Recommendation: That the City Council approve the request of the Cypress Twirlers for use of the City Council Chamber Plaza area on June 24, 1989, July 22, 1989, and August 26, 1989, from the hours of 7:00 p.m. - 11:30 p.m., ~ subject to the conditions that the organization be required to pay for any additional costs incurred in providing maintenance and utility services. Item ##10: Consideration of Proclaiming April 30 - May 7, 1989, as "Days of Remembrance of the Victims of the Holocaust." Recommendation: That the Mayor and City Council officially proclaim April 30 - May 7, 1989, as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress. Item ##11: Consideration of an Application for an Original Alcoholic Beverage License Filed by Norma M. and Robert Cohen, D.B.A. Cedar Market, 6155-57 Ball Road, Cypress. Recommendation: Receive and file. Item ##12: Consideration of Claim Filed by Myron M. Wasson, Jr. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Administrator, Carl Warren & Co., for appropriate disposition. Item ## 13 : Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Chili's, Inc., D.B.A. Chili's Grill & Bar, 10643 Valley View Street, Cypress. - Recommendation: Receive and file. Item #I 14: Consideration of Proclaiming April 30 - May 6, 1989, as "American Home Week." Recommendation: That the Mayor and City Council officially proclaim the week of April 30 1989 - May 6, 1989, as "American Home Week" in the City of Cypress as requested. Item #115: Consideration of an Application for an Alcoholic Beverage License Transfer Filed by Tracy A. & Tracy M. Wilkinson, D.B.A. Winners, 4552 Lincoln Avenue, #1101, Cypress. 8 63 City Council Minutes April 24. 1989 Reconvnendation: Receive and file. Item #16: Consideration of Police Department's Personnel File Records Purge. Recommendation: That the City Council authorize the destruction of the previously named Police Department.s personnel records in accordance with Government Code Section 34090 and City Council Resolution No. 2338, dated February 9. 1981. Item #17: Consideration of Monthly Investment Program for the Month of March 1989. Recommendation: Receive and file. ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only. title as follows, approving C.U.P. 88-21. with conditions. RESOLUTION NO. 3560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO.88-21 - WITH CONDITIONS (COMBINED USE COMMERCIAL BUILDING, 29-UNIT APARTMENT COMPLEX, INCLUDING FIVE DENSITY BONUS UNITS, 6292 LINCOLN). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel 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, approving C.U.P. 89-5, with conditions. RESOLUTION NO. 3561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89-5 WITH CONDITIONS (JAPANESE SUSHI RESTAURANT W/BEER & WINE, 9111 VALLEY VIEW). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Arnold and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, granting a variance from the terms of the zoning ordinance. RESOLUTION NO. 3562 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 FOR AN ENCLOSED PATIO STRUCTURE WITH A MINIMUM OF 806 SQUARE FEET IN THE REAR YARD OPEN AREA - VARIANCE NO. 89-2 (9767 GRAHAM STREET). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, approving C.U.P. No. 89-6, with conditions. 9 64 ,) I City Council Minutes April 24. 1989 RESOLUTION NO. 3563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89-6 - WITH CONDITIONS (RECYCLING FACILITY AT THE ALPHA BETA MARKET. 4033 BALL ROAD). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age. Arnold. Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ....,..,- ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Age and seconded by Councilmember Arnold to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending Section 7.2.6(e)(3) of the Planned Community Business Park Zone No.5. ORDINANCE NO. 814 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 7.2.6.(e)(3) OF THE PLANNED COMMUNITY BUSINESS PARK ZONE NO.5 OF ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 89-1 (PROHIBIT FREESTANDING POLE OR MONUMENT SIGNS ON THE PAVILION SHOPPING CENTER PARCEL - 10503-10581 VALLEY VIEW). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age to adopt the Resolution by title only. title as follows, approving C.U.P. No. 89-8, with conditions. ~.-"""" RESOLUTION NO. 3564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 89-8 - WITH CONDITIONS (JUST PERFECT TANNING, TONING AND BODY WRAP SALON, 10953 MERIDIAN DRIVE, SUITE 1M). The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Kerry and Kanel NOES: : 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. EXECUTIVE SESSION: Mayor Pro Tem Kanel called an Executive Session at 10:03 p.m. for personnel matters and reconvened the meeting at 10:50 p.m. with all Councilmembers present. In regard to Continuation of Consideration of City Manager and Police Salaries, the City Manager, it was moved by Councilmember Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as follows, setting the salary range for the Police Chief starting at an entry level rate - of $4,932 and a top rate of $6,183. There will be no control rate. The City Manager's salary will reflect an entry level rate of $5,763 and the top rate of $6,943, with the salary set at the new top and the right to use deferred compensation as salary or as deferred compensation. RESOLUTION NO. 3565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING SALARY RANGES FOR THE CITY MANAGER AND THE CHIEF OF POLICE POSITIONS. 10 65 City Council Minutes April 24, 1989 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBi:RS: None ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 11:00 p.m. to 5:00 p.m., May 8, 1989. ATTEST: ~ /;/ f/ /l&odl/ ~~~~ CITY CLERK OF -THr-- CITY F CYPRESS 11