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Minutes 92-02-10 „ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 10, 1992 The Regular Meeting of the Cypress City Council was called to order at 4:30 p.m., Monday, February 10, 1992, in the Administrative Conference Room, 5275 Orange Avenue, Mayor Richard Partin presiding. PRESENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin ABSENT: None Also present were City Manager/City Clerk Darrell Essex and Finance Director Richard Storey. BUDGET WORKSHOP SESSION: The Council reviewed the mid-year budget documents and projections as to the revenues and expenditures for next year and directed staff to provide additional information for the preliminary budget document in early June. RECESS: Mayor Partin recessed the meeting at 5:30 p.m. to enable the Council to reconvene in the Council Chamber. The meeting reconvened at 5:52 p.m. with all Councilmembers present and the City Attorney Jerry Patterson and staff members Bacock, DeCarlo, Donovan, Eynon, Wicker and Storey also present. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR SERVICES OF PROFESSIONAL ARTS PLANNER FOR NEEDS ASSESSM NT: The staff reports dated January 10 and 31, 1992 were presented by the Recreation & Park Director and indicated that the Council had directed staff to bid for the services of a professional Cultural Planner to develop and coordinate the Cypress Cultural Needs Assessment. Two bids were received and one bid was significantly more detailed and extensive in its approach reflecting greater commitment of time and resources. At the conclusion of the interview process, the panel felt that the firm of Adams and Brooking presented a greater quality of sensitivity and believed that the City could benefit from Adams and Brookings services. While Adams and Brookings fee is $2,070.00 more than that of the other firm, staff believed this cultural planning company will design and implement a "custom-made" cultural needs assessment for Cypress. Ms. Nola Brooking, Adams and Brooking, 1640 Silverwood Terrace, Los Angeles, stressed to the Council, the originality of their approach and the importance of volunteer participation. She made a short presentation on each item addressed in the survey, i.e., survey of cultural resources, conduct group interviews, mail survey of the City and review alternative funding sources. A time line schedule was distributed to the Council and Ms. Brooking volunteered to answer questions from the Council. After a question and answer period, Mayor Partin advised that when this assessment was considered several months ago, the cost of $26,870.00 was not envisioned. He is not totally against a cultural arts assessment, but he didn't know how much of this the City could afford and had hoped to employ a professional that would guide volunteers in accomplishing the assessment. After some discussion, Ms. Brooking advised that one of the key issues to consider was public and private partnering and suggested that might be an avenue to explore. Councilmember Age stated that she was looking for a simple survey that would determine where the City is and what is needed then proceed from that point. Councilmember Kerry expressed concern with the cost involved, the process and the direction that should be taken. Councilmember Age suggested that the assessment procedure be reconsidered. Councilmember Nicholson stated that the proposal is just too expensive. i ~ 2--- ~~ti City Council Minutes February 10, 1992 It was moved by Councilmember Age and seconded by Councilmember Nicholson to reject the bid. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Nicholson asked if a meeting could be held with the Assessment Committee and determine what could be accomplished on a volunteer basis. Mr. Al Tolkin, President of the Friends of the Cypress Cultural Arts (FOCCA), 6088 James Allen Street, Cypress, expressed his pleasure on the Council's decision and stated that surveys are a total waste of time and money. He felt that between staff and the volunteer groups, the assessment could be accomplished. Councilmember Kerry encouraged that the Council meet in a workshop with the Cultural Arts Commission, possibly FOCCA and the Assessment Committee, on March 14, 1992 at 4:30 p.m. in the City Council Chamber. The City Manager asked if the Council desired a proposal from the the Assessment Committee prior to the joint meeting. Councilmember Bowman asked that a list of names of those people on the Assessment Committee be provided Council. Mayor Partin felt there was still a need for professional guidance for the cultural arts needs assessment and ordered the joint meeting held at 4:30 p.m. on March 9. CONSIDERATION OF AWARDING CONSTRUCTION CONTRACT FOR CYPRESS SENIOR CITIZENS CENTER, PUBLIC WORKS PROJECT N0. 9033: The Public Works Director reported that 14 bids were received for the construction of the Cypress Senior Citizens Center as stated in the staff reported dated January 30, 1992. All bids had irregularities and five days were given to each bidder to correct those irregularities. The lowest bidder did not resolve his irregularities; the second low bidder, PW Construction Inc., did not provide proof of being signatory to an apprenticeship program. Responding to Mayor Partin on the apprenticeship program, the Public Works Director understood that this requirement was placed into the specifications at the direction of a previous City Council. The Public Works Director had been advised by the City Attorney that the Director could waive that requirement and recommended the Council take that action. He also noted that the Account should read "4186-35-485-24" rather than the reported "4186-12- 521-24." It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to: 1) waive the irregularity in the bid subitted by PW Construction, Inc.; 2) determine that PW Construction, Inc. is the lowest responsive and rsponsible bidder; 3) award a contract for the construction to PW Construction, Inc., 1345 N. Fitzgerald Ave., Suite D, Rialto, CA 92376, in the base bid amount of $1,933.628.00 and 4) reject all other bids received subject to successful execution of a contract with PW Construction, Inc. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Bowman requested staff provide their input on the apprenticeship program specification to Council for their review. Councilmember Kerry stated that she had asked about using the Army Reserve facility because they do demolition and she thought the City was going to try and use them. The Public Works Director stated he had tried to contact them several times but they have changed commanders and was not able to coordinate the project but the effort was made. Mr. Craig Haines, PW Construction, Inc., stated he was unable to recall the cost of demolition. 2 / ~ f / 1 City Council Minutes February 10, 1992 Councilmember Kerry stated that she had mentioned this around July 4, 1991 and felt there was ample .time for the staff to coordinate any demolition with the Reserve facility and expressed her disappointment. Mayor Partin noted Councilmember Kerry's concern. CONSIDERATION OF RETENTION OF PROFESSIONAL SERVICES FOR (A.~ MATERIAL TESTING (B) LAND SURVEYING, AND CONSTRUCTION MANAGEM NT FOR THE CYPRESS SENIOR CITIZENS CENTER CONSTRUCTION, PUBLIC WORKS PROJECT NO 9033: The Public Works Director presented the staff report dated January 30, 1992, which described the the professional services that will be needed for each of the following three items: material testing, landsurveying and construction management for the Cypress Senior Citizens Center construction. It was moved by Councilmember Age and seconded by Councilmember Kerry to award a contract for professional services to: Associated Soils Engineering, Inc., 3320 Airport Way, Long Beach, 90806 for material testing services at the Senior Citizens Center project for an amount not to exceed $10,000.00; Norris- Repke, Inc., 18231 Irvine Blvd., Suite 204, Tustin, 92680 for land surveying services at the Senior Citizens Center project for an amount not to exceed $4,000.00; and Mr. Kenneth L. Jones, 4911 East Gerda Drive, Anaheim, CA 92807 for construction management services at the Senior Citizens Center project, for an amount not to exceed $100,800.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PURCHAS OF BASKETBALL SUPPORTS AND BACKBOARDS FOR ARNOLD/CYPRESS PARK: The Recreation and Park District Director summarized the staff report dated January 31, 1992, which indicated that the roller hockey players have been relocated from beneath the Council Chamber to a site at Arnold/Cypress Park. To date, two basketball standards remain and lie within the boundaries of the playing area. Due to safety reasons, staff recommended that these posts be removed and replaced with longer posts that rest outside the fence surrounding the court and the only cost would be for the renovation. Councilmembers Nicholson and Bowman did express concern about the cost, but the main concern was the unsafe equipment. It was moved by Councilmember Bowman to approve the recommendation. Councilmember Nicholson stated she would not second the motion and suggested that the construction of a new basketball court be included in the budget. Councilmember Age asked for another alternative from staff and agreed this was too much money. Councilmember Kerry stated she envisioned problems with scheduling. Councilmember Bowman withdrew his motion. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to remove the existing basketball standards. Councilmember Kerry encouraged staff to review and return to Council with alternative lighted courts for basketball. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin 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. Councilmember Age requested that Item No. 8, Consideration of Purchase of a Table at the Cypress College 1992 Americana Awards Dinner, be removed from the Consent Calendar for further discussion. It was moved by Councilmember Kerry and seconded by Councilmember Age to approve the Consent Calendar Items No. 5 through 15, with the exception of Item No. 8. The motion unanimously carried by the following roll call-vote: 3 4~t~~ City Council Minutes February 10, 1992 AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 5: Consideration of Approval of City Council Minutes of January 27, 1992. Recommendation: That the City Council approve the Minutes of January 27, 1992, as submitted. .Item No. Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 7: Consideration of Design Review Committee's Approval of DRC #92-2. Recommendation: Receive and file. Item No. 9: Consideration of Adoption of Resolution Commending Terry Hartshorn, Cypress College Americana Award Recipient from the City of Cypress. Recommendation: That the City Council adopt by title only, title as follows, the Resolution of Commendation for Mr. Terry Hartshorn on being honored as the Cypress College 1992 Americana Citizen of the Year from the City of Cypress. RESOLUTION NO. 4044 A RESOLUTION OF THE CITY OF CYPRESS COMMENDING MR. TERRY HARTSHORN ON BEING SELECTED AS THE 1992 AMERICANA AWARD RECIPIENT FROM THE CITY OF CYPRESS PRESENTED BY THE CYPRESS COLLEGE FOUNDATION. Item No. 10: Consideration of Declaring Monday, April 6, 1992, as "Youth-in- Government Day" in the City of Cypress. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, declare Monday, April 6, 1992, as "Youth-in-Government Day" in the City of Cypress as recommended by the Cypress Youth Commission. Item No. 11: Consideration of Certification of Local Pavement Management Program as Required by the Revised Traffic Improvement and Growth Management Plan (Measure M). Recommendation: That the City Council: 1) Adopt the City of Cypress Pavement Management Plan, as prepared by Harris & Associates, certify that the City has a Pavement Management Plan that will remain in place and be maintained to qualify for allocation of revenues generated from Measure M; and 2) authorize the City Manager, or his duly designated representative, to execute the Local Pavement Management Plan Certification on behalf of the City of Cypress and to submit the document to the Orange County Transit Authority (OCTA) as required by Measure M. Item No. 12: Consideration of Authorization to Execute a Memorandum of Understanding Relative to Measure M Funds Disbursement and Agreement to Expend All Tax Revenue Within Three Years of Receipt. Recommendation: That the City Council: 1) Authorize the City Manager, or his duly designated representative, to endorse the Memorandum of Understanding regarding Receipt and Use of Measure M Funds; 2) Authorize submittal of said Memorandum of Understanding to the Orange County Transportation Authority in compliance with Measure M guidelines; and 3) Direct staff to establish a segregated Measure M Local Turnback Fund to maintain all Measure M Local Turnback revenues, interest earnings received and other income earned from Measure M, and only Measure M revenues and earnings, in that fund. Item No. 13: Consideration of the City of Cypress Investment Policy. Recommendation: Receive and file. Item No. 14: Consideration of Allowing City to Invest Monies With the County of Orange's Treasurer. 4 ~~s City Council Minutes February 10, 1992 Recommendation: That the City Council adopt by title only, title as follows, the Resolution allowing the City to invest monies with the County of Orange's Treasurer. RESOLUTION N0. 4045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE TREASURER TO INVEST MONIES WITH THE COUNTY OF ORANGE'S TREASURER. Item No. 15: Consideration of Design Review Committee No. 92-4 (Irrigation Pump House for the Cypress Golf Course, 4921 Katella Avenue). Recommendation: That the City Council receive and file Design Review Committee No. 92-4, subject to the following condition: 1) Prior to issuance of a Certificate of Use and Occupancy for the Cypress Golf Course, the applicant shall install additional landscape screening around the pump house facility to minimize its visibility from the golf course greens. END OF CONSENT CALENDAR Regarding Item No. 8, the City Manager advised that the appropriation of $1,250, if approved, will be made from the fund balance of the General Fund to Account No. 4206-11-117-02. Councilmember Age asked if it would be necessary to purchase a full table and Councilmembers Age, Kerry and Nicholson stated that they would be unable to attend. Mayor Partin stated he would like to see the table for 10 be purchased in case it is required. Councilmember Bowman commented that the money does go toward a good cause, the purchase of scholarships. It was moved by Councilmember Bowman and seconded by Councilmember Age to authorize the purchase of a table of 10, at $125 per person, for the Cypress College Americana Awards Dinner Event. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Kerry and Partin NOES: 1 COUNCILMEMBERS: Nicholson ABSENT: 0 COUNCILMEMBERS: None B C~ES~: Mayor Partin recessed the meeting at 7:20 p.m. to enable the Council to enter into Closed Session for personnel and litigation matters. The meeting reconvened at 7:55 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Bacock, DeCarlo, Donovan, Eynon, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Nicholson. PRESENTATIONS: Several students from Mrs. Pat Holt's 4th Grade Class, Arnold School, individually spoke on saving the rabbits at the Nature Park. Mr. John Kanel, representing Senator Cecil Green's office, read and presented a Resolution from Senator Green to former Mayor Walter Bowman. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. No one wished to speak. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mr. Robert Sundwall, 5486 Vista Sierra, Cypress, commented on the volunteer Fire Department and stated he had investigated surrounding cities and it appeared they are doing an excellent job and recommended it remain as it is. Mayor Partin announced that Mitsubishi had donated a television set and VCR to be installed in the Cypress Police Department's D.A.R.E. vehicle to be usedfor demonstrations at the various schools. On behalf of the City of Cypress and the Police Department, he extended the City's appreciation and thanks to Mitsubishi for their donation. The City Manager reviewed discussions on the mid-year budget and received additional direction from the Council as to the information they would like to receive from staff for the preliminary budget which will be prepared and submitted to Council in early June. He summarized the actions taken by the Council during the 5:30 p.m. portion of the Agenda. 5 a -io~6 City Council Minutes February 10, 1992 The City Attorney mentioned discussions held during Closed Session. CONSIDERATION OF PUBLIC HEARING RE: APPLICATON FOR SPECIAL PERMIT - MR. OTIS V. HOLLAND, D.B.A. "SI TECH" EMERGENCY ADDRESS SERVICE: Mayor Partin opened the public hearing. The City Manager presented the staff report dated February 5, 1992, which described an application received for a Special Permit to allow painting house numbers on curbs in the City from Mr. Otis V. Hollkand, dba "SI Tech" Emergency Service. The Affidavits of Publication and Posting of the Public Hearing notice on this matter are on file in the office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this application. In the event the City Council approves this Special Permit, the applicant should be referred to the Public Works Department for further processing and compliance to Public Works Standard Plan No. 410, Requirements for House Number Painting on Curbs. Mr. Otis V. Holland, 13037 E. Carolyn Street, Cerritos, stated his is a private concern and he has observed the condition of curb street numbers in the c;ty and most do not meet the City's standards. Responding to Councilmember Bowman, the City Manager advised that the last two groups requesting to do curb painting were private parties. Mayor Partin asked if anyone wished to speak in support of or in opposition to the application. No one spoke. It was moved by Councilmember Age and seconded by Councilmember Kerry to close the public hearing and approve the Special Permit to allow painting house numbers on curbs in the City of Cypress to "SI Tech" Emergency Service, 13037 E. Carolyn Street, Cerritos, CA 90701. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE CYPRESS ZONING ORDINANCE NO. 92-1, ESTABLISHING REGULATIONS FOR THE KEEPING OF HOMING (RACING) PIGEONS IN RESIDENTIAL ZONES: Mayor Partin declared the public hearing open. The Planning Director presented the staff report dated January 30, 1992, to which was attached a proposed zoning ordinance amendment permitting homing (racing) pigeons in residential zones, subject to a conditional use permit. Also attached to the staff report was a petition that was circulated in regard to this issue with 128 signatures. In accordance with the California Environmental Quality Act, a Negative Declaration of environmental impact has been filed for this project. Notice of the public hearing was published in the news Enterprise as well as posted in the City Hall, Cypress Library and Community Center. The Planning Director clarified that what is before the City Council this evening is an amendment to the Zoning Ordinance not an approval for a specific property which does require a conditional use permit. She asked for clarification on Item H.(2) which indicated that "No more than 40 racing/homing pigeons may be released at any one time for exercise or training purposes and no bird shall be released more than once in any 24 hour period." Taking into consideration Item H.(3), she suggested modifying H.(2) to read as follows: "No more than 40 racing/homing pigeons may be released at any one time for exercise or training purposes. No more than two such flights shall be permitted within a 24 hour period." At the request of Councilmember Age, the City Attorney explained the process of acquiring a petition and petition requirements. Mayor Partin asked if anyone wished to speak in favor of the amendment. Mr. David Nagle, 6876 Molokai Drive, Cypress, volunteered to answer any questions. With regard to Councilmember Bowman's question on Item H.(3), Mr. Nagle stated that the only time pigeons could be released on the weekend was for training or returning from a race. 6 ~ L' 7 4 City Council Minutes February 10, 1992 Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated she definitely supported the change and saw no problem in allowing homing/racing pigeons. Mr. Ted Hill, 10001 St. Vincent Street, Cypress, stated he saw no reason why Mr. Nagle shouldn't have his pigeons for he is taking very good care of the birds. Mayor Partin asked if anyone wished to speak in opposition to the proposed amendment. Ms. Beverly Hatfield, 6886 Molokai Drive, Cypress, advised that she had initiated the petition and didn't have any trouble acquiring the signatures.She believed the issue was the number of birds. The amount of birds in the ordinance now is all right and people are satisfied with the existing ordinance. No one else wished to speak in opposition to the proposed zoning ordinance amendment. Councilmember Bowman noted that he had received a letter from one of the neighbors indicating she was unable to attend the meeting and she was against the pigeons. Mr. Nagle advised that he had talked to this neighbor and if there is a problem, he will work with her. He stated that the problem was with doves, mocking birds and starlings. He extended an open invitation to interested citizens to come over on race day to see what occurs. Councilmember Kerry stated that she appreciated the concern of the people signing the petition but she expressed total support of the amended ordinance. Councilmember Bowman remarked that 100 homing/racing pigeons should not be allowed in this highly urbanized area. Councilmember Nicholson agreed with Councilmember Kerry in that these are racing pigeons and supported the recommendation. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to close the public hearing, certify the Negative Declaration in accordance with the requirements of the California Environmental Quality Act and approve the the first reading of the Ordinance by title only, title as follows, amending Sections 9.1 and 9.3 of Appendix I of the Zoning Ordinance. Councilmember Age stated that she would support the motion and cautioned the applicant to continue to be a good neighbor. The City Attorney clarified that this is merely the first reading of an Ordinance that would allow racing pigeons in any R-1 zone of the City and after the second reading of the ordinance, it will be necessary for Mr. Nagle to file for a conditional use permit, which requires another public hearing. The City Attorney asked for a clarification on Item H.(2), read the proposed change in that wording and the Council approved that wording. Mayor Partin stated that he did not like invoking a new ordinance on something that is so difficult to enforce. He will support the proposed amendment even though he didn't believe cooped pigeons should be allowed in congested neighborhoods, no matter how clean they are. ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9.1, "PERMITTED AND CONDITIONAL USES"; SECTION 9.3, "PERFORMANCE STANDARDS: RESIDENTIAL ZONE" OF APPENDIX I "ZONING" OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE FOR THE REGULATION OF RACING/HOMING PIGEONS, AND FOR OTHER PURPOSES. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Kerry, Nicholson and~Partin NOES: 1 COUNCILMEMBERS: Bowman ABSENT: 0 COUNCILMEMBERS: None 7 4 4 City Council Minutes February 10, 1992 At this time, Mayor Partin directed attention to Item No. 20, CONSIDERATION OF APPLICATIONS SUBMITTED FOR THE FIRE SERVICES TASK FORCE. He advised that as of this evening, the Council has received approximately 30 applications for the Task Force. There is no way the Council is ready to make a selection of the 10 to 15 people that will sit on this body. It is the Council's intention to distribute a questionnaire to each applicant by the end of the week to be returned to the City within two or three days. Mayor Partin advised Mr. Campbell that it was the consensus of the Council that he serve as a fact finder to the Task Force for his side of the argument and a fact finder counterpart will be selected from the Orange County Fire Department. It was moved by Councilmember Age and seconded by Councilmember Kerry to - continue this item to the meeting of February 24, 1992 with the understanding that City Councilmembers submit their questions to the City Manager by Wednesday and he will compile that list to be sent to applicants to be returned to the City Manager's office by Wednesday, February 19, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF STATUS REPORT OF RABBITS LIVING IN THE CYPRESS NATURE PARK RETENTION BASIN: The City Manager reported that a letter had been received from Mr. Boberg who expressed concern over the on-going costs of maintaining rabbits in the Nature Park. The Public Works Director reviewed the staff report dated January 28, 1992, which provided an update relative to the rabbit population living in the Cypress Nature Park. There are approximately 20 rabbits in the basin at this time, many of the rabbits have been adopted and relocated. Approximately $5,760.00 has been expended in caring for the rabbits since July 1991. Some damage has been done to the slopes at the base of the trees along the perimeter of the park and will continue unless the rabbits are removed from the basin. Pictures were presented that showed the rabbit burrows into the hillside. Councilmember Nicholson commented that we are now down to about 20 rabbits, which will diminish because they have been spayed and neutered and are being adopted. Councilmember Age expressed disappointment that her suggestion back in April 1991 to place for adoption the tatooed rabbits and those rabbits not tatooed were to be removed from the Nature Park was not carried out which is why the City now has the problem with trees being undermined by rabbit warrens. She stated she firmly believed that if that program had been followed, the City would not be in the situation it is now. Councilmember Kerry advised that she received a phone call from a Scout leader indicating his group .would like to try wire around the trees and fill in the burrows. She wanted to proceed forward with the program now in place. Councilmember Bowman disagreed and commented that the City was overdue in removing the rabbits from the park. Should we get a heavy amount of rain, there will be some major damage because of the burrowing that has taken place there. The time has come for the remaining rabbits to be captured and the shelter can put them up for adoption. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, stated that the rabbits captured were taken to animal control and disposed of the same as dogs and cats. The rabbits are not burrowing to the point that will destroy the trees. They will continue to fight on the rabbit business. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, expressed disagreement that all the damage to the hillsides of the nature park was done by rabbits. He spoke in support of the rabbits for the small children to observe. He reported he received a call and a letter from Mrs. J.D. Skinner, Long Beach, stating she would adopt the rabbits needing medical care. Mr. Mel Sores, 5091 Alaska Street, Cypress, mentioned the possibility of opossum, raccoons or badgers in the Nature Park that might be digging the holes. s -ice/~, City Council Minutes February 10, 1992 Ms. Susan Mercier, reminded the Council that the area was called a Nature Park. Children enjoy watching and feeding the bunnies and asked that the rabbits not be destroyed but continue to adopt them out. It was moved by Councilmember Nicholson and seconded by Councilmember Age to receive and file the report. Councilmember Kerry stated that she too was concerned about the damage to the trees but the destruction may also be caused by opossums. However, she totally supports keeping the rabbits at the Nature Park; people in the community enjoy having them there; and that based on the City's population, it is only costing each citizen 50 a year to take care of the rabbits. She would like to establish a list of volunteers to come in on a regular basis to help clean the area. Responding to Councilmember Age, Councilmember Nicholson confirmed that her motion does include continuing with the present adopt-a-bunny program with those rabbits that are not tatooed not remaining there, and anyone being caught throwing rabbits over the fence will be subject to a fine. Councilman Bowman stated that the City pays the Orange County Animal Control approximately $80,000 a year for their services and it should be a concern if the rabbits taken there are being immediately put to sleep. He further advised that the area is a retarding basin and became a nature park only because of the many trees and feral animals, but was never intended to be a collection point for someone's Easter rabbits. Mayor Partin stated that he was against continuing. this program and did not support a volunteer program based on past experience with the volunteer rabbits experts who soon got tired of the situation and terminated their services. He advised that rabbits have a long life expectancy and the damage will continue. The City has already spent over $20,000 and the cost will continue at a rate of $700 a month. The motion to receive and file the report passed by the following roll call vote: AYES: 3 COUNCILMEMBERS: Age, Kerry and Nicholson NOES: 2 COUNCILMEMBERS: Bowman and Partin ABSENT: 0 COUNCILMEMBERS: None (.'ONTINUATION OF CONSIDERATtnN OF ON-STR T PARKING OF LAR~F VEHIC FS: The Mayor referred to the City Manager who stated that a letter had been received from Mrs. Susan Mercier expressing her concern of placing this matter on the ballot and he called upon the Public Works Director to present the staff report. The Public Works Director advised that a letter had also been received from Mr. Joe Hardcastle indicating this matter should not be put to the vote of the people, copies of which had been furnished to the City Council, and further stated that Mr. David Garber, Chairman of the Traffic Commission, would be making a presentation of the Commission's recommendation on this matter. Mr. David Garber addressed the Council giving a brief history of how this issue was brought to the attention of the City Council by several recreational vehicle users who had complained about the 72 hour parking warnings that were issued to them. The City Council subsequently referred the matter to the Traffic Commission to review parking regulations and recommend the ballot wording for an advisory measure. With the aid of a slide presentation, Mr. Garber summarized the staff report dated January 16, 1992, which indicated that the Traffic Commission reviewed and discussed this item in detail at four separate Traffic Commission meetings which included a special workshop. He further stated that Commission had received citizen input at the meetings and following extensive discussion including consultations with the Police, Engineering and Planning Departments, the Commission recommends the following suggested ballot measures: A. Leave Same: 72 hour parking ordinance - enforce on complaint. 9 v ~~0 City Council Minutes February 10, 1992 B. More Restrictive: 72 hour parking ordinance - with intensified enforcement. C. Most Restrictive: No Parking 2:00 a.m. - 6:00 a.m., any vehicle that exceeds twenty-two (22) feet or more in length or ninety-two (92) inches in width, except by permit. Parking permits shall be allowed to the following: Visitors/guests, new residents, newly purchased vehicles, loading/unloading and large vehicles used for work or transportation. In response to the Mayor, Mr. Garber advised that Mr. Hardcastle did meet with the Traffic Commission to provide input on the ballot measure wording. Mayor Partin clarified that it was not the intent of the Council to ban on- street parking. If this issue is placed on the ballot, it would be an advisory measure to determine the consensus of the citizens relating to this matter. He stated that the Police Department had stopped issuing citations relating to nuisance type RV parking complaints; however, there are people in the City who do not like to see large vehicles parked on the street. Responding to the Mayor, the City Attorney advised that it is permissible for cities to regulate over-sized vehicles. Regarding the suggested ballot measure C, Councilmember Kerry expressed concern about how the permit system would function. Chief Wicker advised that he did not know of any cities that issue temporary parking permits for large vehicles; however, when parking is prohibited during certain hours, a general blanket permit system could be established whereby a homeowner is issued a permit to utilize on a temporary good-faith basis when the RV or a large vehicle is parked only for a limited time, i.e. loading/unloading, guest parking or vehicle being used for work. He further cited the City of Costa Mesa who issues a pad of permits to each homeowner living adjacent to the amphitheatre to post on their vehicles and for their guests. He felt that a detailed plan must be worked out in order to properly manage a parking permit program. The following persons addressed the Council and indicated their support of the 72-hour parking ordinance: Mr. Frank Silas (no address given) Mr. George Mills, 5102 New Mexico Lane Mr. Ed Geroux, 11462 Shippigan Mrs. Jane Wozniak, 4480 Avenida Granada Mr. John Buckle, 4552 Newman Mr. Mel Sords, 5091 Alaska Mrs. Marjorie Desmet, 9319 Esther Mrs. Susan Mercier, 5301 Canterbury Mr. Bob Cesareo, 8422 Denni Mr. Ray Kurtzman, 4372 Via Majorca Ms. Ellen Kipple, 11664 Blackmer Mr. Bob Sundwell, 5486 Vista Sierra, wondered whether the Traffic Commission considered the vacant lot adjacent to the Civic Center and/or school property for parking of large RVs. Mr. Ted Hill, 10001 St. Vincent Circle, stated that this issue is not addressed totally to RVs but to all large vehicles. He supports no on-street parking from 2 a.m. - 6 a.m. because he has seen streets that have RVs parked in front that are not kept in good condition and he would not like those parked in front of his house for 72 hours. Mr. Dennis Peterson, 5623 Lakia, did not see the advantage of banning parking from 2 a.m. - 6 a.m. when most people are asleep. Greg Birch, 4682 Sonoma Way, felt that if these options are going to be presented to the voters, a financial impact statement should also be submitted. He felt that a lot of effort is being expended for a few people and the Ordinance should remain unchanged. Councilmember Age stated that there are more people in Cypress who do not own RVs than those that do; therefore, the election result would not be a fair representation and would hurt the RV owners. She supported the current 72- io - ~-/D ~i/ 1 City Council Minutes February 10, 1992 hour parking ordinance and felt this should not be placed on the ballot. She further encouraged anyone who has problems with irresponsible RV owners to contact the City's Code Enforcement Officer. Councilmember Nicholson believed the people should be given the choice to vote on the issue. She felt the permit system is workable and that, as with all other ballot measures, the City Attorney's impartial analysis will include the cost factor. Councilmember Kerry stated that she knows several people who uses their RVs as their main means of transportation and she has also seen the streets being used as a storage lot and observed RVs parked close to driveways creating a hazardous condition. She supported a ballot measure; however, felt that option C still needs to be evaluated before being placed on the ballot. Councilmember Bowman recommended that another option be added which states the RVs or over-sized vehicles should be parked contiguous to the owner's property. The City Attorney stated that•he would need to research this matter as the streets are public and available for anyone who wishes to park there. Susan Mercier stated that their RV is longer when attached to a trailer and will not fit between her house and her neighbor. They usually try to find a larger and longer street to park where there is no residential area facing it; therefore, they would have a problem with the amendment suggested by Councilmember Bowman. Referring to Councilmember Bowman's suggestion, Mr. Ed Geroux stated that condominium complexes do not have adjacent properties so the contiguous parking recommendation would pose a problem. It was moved by Councilmember Age to refer this issue back to the Traffic Commission for alternative recommendation considering the comments received at the meeting and not place it on the ballot. Mayor Partin stated that the problem was the permanent storage of RVs in the street and not the temporary loading/unloading of the RVs when leaving or returning from a trip. Following discussion, the Traffic Commission was directed to look into the permit process, other hours rather than the suggested 2 a.m.-6 a.m. no parking hours, and parking contiguously in front of the owner's property. The motion was seconded by Councilmember Bowman and unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS: Mayor Partin recessed the meeting at 11:10 p.m. and reconvened the meeting at 11:25 p.m., with all Councilmembers present. Due to the lateness of the hour, it was moved by Councilmember Bowman, seconded by Councilmember Nicholson to continue the meeting beyond 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AUDIT REOUIREMFNT FOR COMMUNITY ORGANI ATIONS USING PUB IC FACILITIES: The Mayor referred to the City Manager who indicated that this matter was placed on the Agenda at the request of Councilmember Kerry. He further advised that he had a list of community organizations using City/District facilities which may be used to establish the criteria for this audit requirement. Staff's concern was that some of these groups do not generate sufficient funding in terms of their operation to afford an audit which has been estimated to cost $1200-$1500. If the Council wishes to pursue this issue, staff would return to Council with a more indepth report. 11 -/C,~/~ 4 City Council Minutes February 10, 1992 Councilmember Kerry advised that she would like to require an audit of organizations which receive large sums of money to run their operations and are using public facilities. She stated that smaller groups would not be included. Responding to Councilmember Age, Councilmember Kerry stated that she was requesting a professional audit and asked if the City's Auditor could be requested .to provide a proposal for the organizations, if they wish to use their services. Mayor Partin indicated that he was not supportive of the City Council requiring organizations to submit annual audits. Councilmember Kerry stated that she had been in contact with the Little League, Soccer, and Pony groups and they are in support of the audit requirement. Following discussion, it was moved by Councilmember Bowman, seconded by Councilmember Nicholson to continue this matter to the meeting of February 24, 1992. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF GENERAL PLAN ANNUAL REPORT: The City Manager requested the Planning Director to summarize her staff report dated January 30, 1992. Chris Eynon stated that this was the the annual status report on the General Plan with the main focus being on the Housing Element. She further advised that SCAG had established the need of 792 new housing units to be distributed among the upper, moderate, low, and very low income categories for the period of July 1989 through June 1994, and the City's outlook in meeting these goals is very good. She recommended that the City Council receive and file the General Plan Annual Report and authorize its submittal to the State for their review. Councilmember Bowman stated in reference to the Growth Management Element, the City Council must make a decision on the Pacific Electric right of way issue which is currently under consideration by the Orange County Transportation Authority. There would be a station at Beach Blvd., just south of Cerritos Avenue and one proposal is to have the rail system extended to go through Cypress, La Palma and up to Norwalk. The other proposal is to go north through Fullerton and Buena Park and on to Norwalk. The affected cities are supportive of the rail. system going through their cities because of the boost in commerce and solving some of the traffic circulation problems. The Council would need to go on record of their position on whether the City is in favor of the using the abandoned right of way and whether it would be a surface, underground or elevated system. Councilmember Kerry stated that more information must be made available to the Council and suggested that this matter be placed on the next agenda. The City Manager stated that he would try to have the Executive Director of the Fixed Rail Authority present at the February 24, 1992 meeting to make a presentation. Responding to Councilmember Bowman, the Planning Director advised that there are two alternatives to satisfy the AQMD, one is to prepare a General Plan Element and the other is to prepare an Implementation Plan and have that reflected throughout the General Plan in the different elements. Councilmember Bowman requested the City Attorney to review the ruling of January 25, 1992, from the Legislative Council which indicated that they did not feel that the AQMD had permit authority for indirect sources. It was moved by Councilmember Bowman, seconded by Councilmember Nicholson to receive and file the General Plan Annual Report, and authorize its submittal to the State for review. The motion was unanimously carried by the following roll call vote: AYES 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 12 f 453 City Council Minutes February 10, 1992 CONSIDERATION OF CITY COUNCIL COMPENSATION RESOLUTION: The staff report dated February 4, 1992, indicated that the Council is requested to adopt the Resolution regarding the PERS contribution and Health Insurance coverage benefits for 1992. It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, that provides fringe benefit changes for City Council Members, effective December 20, 1991. RESOLUTION N0. 4046 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 AND OTHER BENEFIT CHANGES FOR THE CITY COUNCIL MEMBERS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO 49066- 49285: It was moved by Councilmember Age, seconded by Councilmember Kerry to approve Warrant Nos. 49066-49285 in the amount of $1,019,586.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, .Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECREATION & PARK DI~TRTCT MATTERS: The Cypress City Council Acting as the Ex Officio Governing Board of Directors of the Cypress Recreation and Park District. CONSIDERATION OF NEW ACTIVITY CLASSES: The Mayor referred the matter to the City Manager who called upon the Recreation and Park Director to summarize the staff report dated January 27, 1992. Mr. DeCarlo stated that Recreation and Community Services Commission is recommending the City Council to approve two new program classes: 1) A Career in Travel: Mostly for Moms, proposed class fee of $25; and 2) Kids Love Music, proposed class fee of $20. Responding to Mayor Partin, the Recreation and Park Director advised that these programs are self supporting, 65% of the fees go to the instructor and 35% is returned to the District. Acting as the ex officio governing Boord of Directors for the Cypress Recreation and Park District, it was moved by Councilmember Age, seconded by Councilmember Nicholson, and unanimously carried to approve the two new classes as outlined in the report and as recommended by the Cypress Recreation and Community Services Commission. CONSIDERATION OF FEE FOR PROPOSED CORPORAT DECATHLON: Acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, it was moved by Councilmember Bowman, seconded by CouncilmemberKerry to approve the proposed Corporate Decathlon recommended by the Cypress Recreation and Community Services Commission, for a fee of $350 per team entry, as outlined in the staff report dated January 27, 1992. The motion was unanimously carried. In response to Councilmember Age, Marvin DeCarlo advised that the District has contracts with each instructor which include that there is a minimum number of students required in order to proceed with the class and the instructors are contracted on a quarterly basis so the classes can be eliminated anytime during the year. CONSIDERATION OF POLICY FOR MOBI STAG USE: The Recreation and Park Director summarized his report dated January 31, 1992, and explained the mobile stage fee structure and policy. He further stated that the Council has the ability to waive any of the fees if requested by an organization. 13 _,~/,~r 4 4 City Council Minutes February 10, 1992 Responding to Councilmember Bowman, Mr. DeCarlo stated that a certificate of insurance is required of all users other than City/District sponsored events. Acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, it was moved by Councilmember Age, seconded by Councilmember Kerry to approve the mobile stage use policy and fee structure as presented with the added requirement for damages and liability insurance coverage. The motion was unanimously carried. RECESS: Mayor Partin recessed the meeting at 12:12 a.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 12:14 a.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The City Manager requested the Council to adjourn the meeting to 4:30 p.m., on Monday, February 24, 1992, for a Redevelopment Workshop. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Bowman referred to a letter received from Mr. Phil Wendel of Yamaha, regarding the foot bridge over the flood control channel at Holder and requested staff to determine how many employees are impacted and the estimated usage of afoot bridge. Mayor Partin requested staff provide cost estimates for installing the bridge, installing gateways through the fence, sidewalk, removing the berm and providing access through extension of Holder and refer this figure to Mr. Wendel to see if Yamaha is interested in assuming a portion of the cost. The City Manager requested that this item be placed on the March 9, 1992 agenda. CLOSED SESSION: Mayor Partin recessed the meeting at 12:16 a.m. for the City Council to go into Closed Session for matters of personnel. The meeting reconvened at 12:58 a.m. with all Councilmembers present. , rONSiDERATION OF POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING AND TOP MANAGEMENT COMPENSATION RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Age to 1) Adopt the Resolution by title only, title as follows, approving the Memorandum of Understanding between the City and the Police Management Employees' Association, providing salary and fringe benefit changes, effective December 20, 1991; and 2) Adopt the Resolution by title only, title as follows, providing salary and fringe benefit changes for top management employees, effective December 20, 1991. RESOLUTION N0. 4047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE MANAGEMENT EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. RESOLUTION N0. 4048 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, ESTABLISHING SALARY RANGES AND OTHER BENEFIT CHANGES FOR THE TOP MANAGEMENT POSITIONS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14 S City Council Minutes February 10, 1992 ADJOURNMENT: Mayor Partin adjourned the meeting at 1:00 a.m. to 4:30 p.m., Monday, February 24, 1992, in the Administrative Conference Room. MAYOR OF THE CITY OF CYPRESS ATTEST: ~ J , CITY LERK F H CITY 0 CYPRESS 15