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Minutes 93-04-12 % d t'. • MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 12, 1993 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, April 12, 1993, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding. PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry ABSENT: None Also present were City Manager/City Clerk Darrell Essex and Finance Director Richard Storey. INTERVIEWS: Proposals for Audit Services. The Council conducted interviews and considered the proposals of the two candidates, Diehl, Evans and Co. and Edwards, Eichel & Beranek to provide audit services for the City of Cypress. RECESS: At 5:30 p.m., with the conclusion of the interviews, Mayor Kerry recessed the meeting to enable the Council to reconvene in the Council Chamber to conduct the business on the 5:30 p.m. Agenda. The meeting reconvened at 5:40 p.m. with all Councilmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Storey .and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF RENEWAL OF CONTRACT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES: The Public Works Director presented the staff report dated March 31, 1993, which described the utilization of a professional engineering firm to provide building plan checking. The Building Division has utilized the services of Melad and Associates to provide complete building plan checking since April 1988. To assure the maintenance of a high level of responsiveness and service, it was recommended that the contract with Melad and Associates be renewed for a one year period with the fees charged to remain the same as the original contract dated April 26, 1988. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to renew the contract for professional building plan check services with Melad and Associates, 8907 Warner Avenue, Suite 161, Huntington Beach, CA 92647, for a one (1) year period, ending April 12, 1994. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AMENDMENT TO CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES WITH NORRIS-REPKE INC.. PUBLIC_WORKS PROJECT NO. 9260: The City Manager summarized the staff report dated March 31, 1993, which would amend an existing service contract to prepare plans and specifications for pavement rehabilitation to various alleys in the Tanglewood area of the City. In order to retain Norris-Repke, Inc. for the subject project, it will be necessary to amend their agreement for the above project. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve Amendment No. 1 to Consultant Agreement for Professional Services for Public Works Project No. 9260 with Norris-Repke, Inc., 18231 Irvine Blvd., Suite 24, Tustin, CA 92680 for a contract amount not to exceed $19,052.00. The motion unanimously carried by the following roll call vote: 1 ~ _ _ r : • C', ~ CITY COUNCIL MINUTES April 12, 1993 AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR PYROTECHNICS FOR THE 6TH ANNUAL MULTI- AGENCY FIREWORKS CELEBRATION: The Recreation and Park Director presented the staff report dated April 6, 1993, which indicated that all the consortium cities were in agreement to recontract with the 1992 vendor, San Diego Fireworks, Inc. The fee for the 1993 presentation will be $8,700 to be evenly split between each consortium agency. It was moved by Councilmember Nicholson and seconded by Councilmember Age that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, accept the San Diego Fireworks, Inc., P.O. Box 900186, San Diego, CA 92190 as sole provider for the 1993 Multi-Agency Fireworks Celebration in the amount of $8,700. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry 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 Nicholson requested that Item No. 22, Consideration of Design Review Committee No. 93-4, Sorrento Residential Planned Community, Minor Reduction in Square Footage of Residential Units for 182 Cypress Homes, Inc., be removed for further information. Councilmember Bowman asked that Item No. 21, Consideration of Cultural Arts Commission Recommendation be removed. It was moved by Councilmember Age and seconded by Councilmember Partin to approve the Consent Calendar Items No. 4 through 23, with the exception of Items No. 21 and 22. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 4: Motion to Approve City Council Minutes of the Adjourned Regular Meeting of February 6 - 7, 1993, March 15, 1993 and the Regular Meeting of March 22, 1993. Recommendation: That the City Council approve the Minutes of February 6-7, 1993, March 15, 1993, and March 22, 1993, as submitted. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Consideration of Renewal of Non-Exclusive Taxicab Franchise - Yellow Cab Company. Recommendation: That the City Council authorize a one-year renewal of the non-exclusive Taxicab Franchise issued to the Yellow Cab Company, to expire on March 23, 1994. Item No. 7: Consideration of Proclaiming April 12 - 16, 1993, as "Building Safety Week." Recommendation: That the Mayor and City Council officially proclaim April 12 - 16, 1993, as "Building Safety Week" in the City of Cypress. 2 v: ~ l ! ll} t. ?-s ` CITY COUNCIL MINUTES April 12, 1993 Item No. 8: Consideration of Proclaiming April 22, 1993, as "Earth Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim April 22, 1993, as "Earth Day" in the City of Cypress and accept the "Earth Day Buy Recycled" challenge issued by the U.S. Conference of Mayors by adopting the Resolution by title only, title as follows, establishing procurement policies that would utilize our purchasing power in buying recycled products. RESOLUTION N0. 4169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A RECYCLED PRODUCTS PROCUREMENT POLICY. Item No. 9: Consideration of Proclaiming May 1, 1993, as "Loyalty Day." Recommendation: That the Mayor and City Council officially proclaim May 1, 1993, as "Loyalty Day" in the City of Cypress. Item No. 10: Consideration of Proclaiming- May 1 - 7, 1993, as "Clean Air Week" and May 6, 1993, as "Clean Commute Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim May 1 - 7, 1993, as "Clean Air Week" and May 6, 1993, as "Clain Commute Day" in the City of Cypress Item No. 11: Consideration of Proclaiming May 1 - 8, 1993, as "Save-That- Child Week". Recommendation: That the Mayor and City Council officially proclaim May 1 - 8, 1993, as "Save-That-Child Week" in the City of Cypress as requested. Item No. 12: Consideration of Proclaiming May 2 - 8, 1993, as "Victims of Pornography Week." Recommendation: That the Mayor and City Council officially proclaim May 2 - 8, 1993, as "Victims of Pornography Week" in the City of Cypress. Item No. 13: Consideration of Additional Funds for the Pavement Rehabilitation of Orangewood Avenue (from Valley View Street to Holder Street), AHFP No. 1304, Public Works Project No. 9111. Recommendation: That the City Council authorize an appropriation of $6,000.00 from the fund balance of the Gas Tax Fund, 2106, to Account No. 4186-22- 418.21. Item No. 14: Consideration of Release of Bond for Undergrounding Utilities on Cerritos Avenue, Overton, Moore & Associates, Public Works Project No. 8738. Recommendation: Receive and file. Item No. 15: Consideration of Acceptance of "Asbestos Abatement at the City of Cypress City Hall", Public Works Project No. 9211. .Recommendation: That the City Council: 1) Accept the work of Asbestos Abatement at the City of Cypress City Hall, Public Works Project No. 9211, as being satisfactorily completed in conformance with the Plans and Specifications; 2) Approve the final retention payment to P.W. Stephens Contractors, Inc., 727 S. Ninth Avenue, City of Industry, California 91745, thirty-five (35) days after the Notice of Completion is filed; and 3) Authorize the City Clerk to release the Labor and Materials bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon the Director of Public Works' concurrence. Item No. 16: Consideration of Application for 1993/94 SB 821 Funds for Future Bicycle and Pedestrian Facilities. 3 i.=% CITY COUNCIL MINUTES April 12, 1993 Recommendation: That the City Council adopt the Resolution by title only, title as followed, authorizing the application to the Orange County Transportation Authority for all funds available to the City of Cypress for bikeway and pedestrian facilities. RESOLUTION N0. 410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. Item No. 17: Consideration of Continuous Employment Lists for the Positions of Police Officer (Academy Trained Entry) and (Lateral Entry). Recommendation: Receive and file. Item No. 18: Consideration of Establishing the Class Specification and Compensation for Assistant Planning Director Recommendation: That the City Council (Cypress Redevelopment Agency Board) move to: 1) Adopt the Resolution by title only, title as follows, establishing the class specification and compensation for Assistant Planning Director; and 2) Approve the Class Specification for said position. RESOLUTION N0. 4171 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 N0. 3574, BY ADDING A CLASS SPECIFICATION FOR ASSISTANT PLANNING .DIRECTOR TO THE POSITION CLASSIFICATION PLAN AND ESTABLISHING COMPENSATION FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. Item No. 19: Consideration of the Single Audit Report for the Fiscal Year Ended June 30, 1992. Recommendation: Receive and file. Item No. 20: Consideration of Employees' Memoranda of Understanding and Authorizing Resolutions. Recommendation: That the City Council move to adopt the Resolutions by title only, titles as follow, ratifying the Memoranda of Understanding between the City and the Cypress Employees' Association (CEA), Mid-Management Employees' Association (MMEA), and the Public Works Maintenance Supervisors' Association (PWMSA). RESOLUTION N0. 4172 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, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. RESOLUTION N0. 4173 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 CIT OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MID-MANAGEMENT EMPLOYEES' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. 4 H'°/~~ ~S CITY COUNCIL MINUTES April 12, 1993 RESOLUTION N0. 4174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS PUBLIC WORKS MAINTENANCE SUPERVISORS' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Recreation and Park District Matters: Item No. 23: Consideration of Acceptance of the "Supply and Installation of Play Equipment and Protective Surfacing in Various City Parks", Public Works Project No. 9213. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Accept the work of installing play equipment and protective surfacing at various City parks, Public Works Project No. 9213, as being satisfactorily completed in conformance with the Plans and Specifications; 2) Approve the final retention payment to Ortco Builders, 681 S. Tustin Avenue, Suite 306, Orange, California 92666, thirty-five (35) days after the Notice of Completion is filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, if no claims or objections have been filed, and to release the Faithful Performance Bond upon the expiration of one year's guarantee with the concurrence of the Director of Public Works. END OF CONSENT CALENDAR Regarding Consideration of Cultural Arts Commission Recommendation, Councilmember Bowman advised that he had called Jewell Tolkin regarding her communication and apparently some of the Commissioners are not taking an active interest in the various committees. The intent is that the Cultural Arts Commissioners would have to chair or co-chair one of their committees. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson,-Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None In regard to Consideration of Design Review Committee No. 93-4, Sorrento Residential Planned, Councilmember Nicholson asked the reason for the reduction in square footage of the three new floor plans that will replace the existing plans originally approved. Ms. Molly Wittenberg, representing Sorrento Homes, responded that they are eliminating the smallest plan, so the average square footage is higher. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to receive and file the report. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Age ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving CUP No. 92- 19. RESOLUTION N0. 4175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT N0. 92-19 - WITH CONDITIONS (RESTAURANT, 10953 MERIDIAN DRIVE, SUITE 1J) 5 ~a ri r; ti ~ CITY COUNCIL MINUTES April 12, 1993 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Nicholson and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, granting Variance No. 93-1. RESOLUTION N0. 4176 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 A REDUCTION IN REQUIRED PARKING SPACES - VARIANCE N0. 93-1 (RESTAURANT, 10923 MERIDIAN DRIVE, SITE 1J). The motion unanimously carried by the following roll call voter AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows approving amendment to CUP No. C-192. RESOLUTION N0. 4177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. C-192 - WITH CONDITIONS (ADD GARAGE DOORS TO EXISTING CARPORTS, LA PALMA APARTMENTS, 6452 ORANGE AVENUE). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CLOSED SESSION: Mayor Kerry recessed the meeting at 6:10 p.m. to enable the Council to enter into Closed Session to consider matters of personnel and litigation. The meeting reconvened at 7:40 p.m. with all Councilmembers present and staff members Bacock, Barrett, DeCarlo, Donovan, Hamlin, Storey and Wicker also present. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Partin. PRESENTATIONS: Mr. Alvin Weinberg read a message regarding the annual memorial on the remembrance of the victims of the Holocaust which will be observed from Sunday, April 18 through Sunday, April 25. He mentioned the U.S. Holocaust Memorial Council that was created in 1980 by a unanimous vote of. Congress and mandated to provide ways for nations to observe the Days of Remembrance as an annual commemoration of the victims. Mr. Weinberg lit a candle in honor and remembrance of the victims, with a moment of silence. Mayor Kerry then presented a copy of the Proclamation send to the Memorial Museum to Mr. Weinberg and she read a statement about the commemoration. Mayor Kerry presented a Community Service Plaque to Sheila Elkin, a former Recreation and Community Services Commissioner. The City Clerk administered the Loyalty Oath and Mayor Kerry presented the Certificate of Appointment to James Preston, Newly-Appointed Recreation and Community Services Commissioner. 6 r •.r i CITY COUNCIL MINUTES April 12, 1993 The City Manager reported that the Council did meet at 4:30 for the interview of two candidates for audit services. He then summarized the actions taken by the Council during the 5:30 portion of the Agenda. The City Attorney reviewed discussions held during the Closed Session on a worker's compensation matter involving Jon Hockey, the pending litigation of Sandra Stanton vs. City of Cypress, a personnel matter and property negotiations. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Ms. Mary Ann Jones, 6872 Jonathan Avenue, Cypress, spoke against the proposed card club and conveyed to the City Council the profound dismay of the actions of Mayor Kerry and Councilmember Nicholson and their lack of impartiality on the card club issue. The Cypress Citizens Against Card Clubs requested that the City Council conduct a special Council meeting with the Cypress Police Chief, the Orange County District Attorney and representatives from multi- level law enforcement agencies present to discuss and answer questions prior to the June 8 election. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, advised that she had called several different agencies to determine if there were organizations in the City that volunteer to repair, paint, mow lawns and perform general cleanup for people that are financially and physically unable to perform these tasks. Councilmember Age suggested that an article be placed in the City Newsletter asking for groups to volunteer their time. Mayor Kerry noted the large audience in the Chamber, Councilmember Age asked for a clarification on how the oral communications would be handled and she stated that the card club was no longer a Council issue and will be put to a vote of the people on June 8. Councilmember Age stated she believed the question the people had was why the Mayor signed the ballot measure. Mayor Kerry then read her prepared statement responding to the attack on her for signing the argument in favor of Measure A. Councilmember Nicholson concurred with Mayor Kerry's statement. She stated she had visited several card clubs and studied reports from the Cypress Police Chief. Councilmember Bowman understood that Council would let the people decide. Councilmember Partin stated that he understood that the decision was left to the individual Councilmember and the Council, as a body, would voice no opinion. He suggested that further oral communications be terminated at 8:30 p.m. Mr. James Hagenbach, 4021 Larwin Avenue, Cypress, spoke on the dangers of card clubs and the City does not need the problems associated with them nor does the City need the taxes from the card club. If the City Council does not follow the wishes of the vast majority of the voters, there is always a recall procedure. He urged the citizens to vote "No" on Measure A. Mr. Tim Keenan, 4157 Devon Cr., Cypress, read the statement of Debbie Hanley, property manager at one of the Tanglewood Associations, about police officers and their attendance at the card club forums. Mr. Dan Richins, 9304 Fleetwood St., Cypress, commented that he believed Councilmembers should speak their mind and believed that the City's leaders should take a stand on the issues. Ms. Lauretta Callender, 9408 Danbury Street, Cypress, stated that she believed the Council projected to the people that they were going to put the measure on the ballot, but would remain neutral. Mr. David Shapiro, 11594 Manila Dr., Cypress, remarked that from the very first meeting, the Council was very clear that if the measure was placed on the ballot by the City Council, the City would write the ordinance rather than an initiative and Council was supposed to be impartial. 7 J q l ~ ~ / T. ~ ~ .v ~ CITY COUNCIL MINUTES April 12, 1993 Mr. Bill Lostenberg, no address given, stated that what is needed are open and candid communications and some dialog because the decision will affect the City for several years. Mr. Ben Go, 6399 Dominica Avenue, Cypress, advised that the card. club is not the answer to the City's budget difficult ies because there are other solutions available and they must be taken now. Mr. Tom Carroll, 5832 Wellson Dr., Cypress, stated that he co-authored the argument and rebuttal against the card club and a lawsuit was started against that rebuttal. Mr. Jack Swank, 9849 Via Sonoma, Cypress, commented that there were three options that the Council could have chosen and they were urged to take a stand. He suggested that the citizens talk to Mayor Kerry and Councilmember Nicholson to find out their reasons for signing.: the ballot argument. Councilmember Nicholson stated that each person who spoke has demanded their freedom of speech and, in turn, have denied that same right to her and Mayor Kerry. Councilmember Bowman responded to comments made by Mr. Swank and he stated that he would have signed the argument rebutting the measure but couldn't because he had not signed the argument against Measure A. Councilmember Age stated that her position on the card club has been no secret and she had opposed it when it first came up over a year ago. She also stated she had advised Mr. Arnold to obtain the referendum. She asked the Police. Chief to make a statement on the Police Department's position. The Police Chief responded to the statement that the Department had prepared a report for the Council offering opposition to the card club and the Department favored the card club because of $500,000 being set aside by Mr. Arnold for , the Police Department. He clarified that there was a report prepared in 1991 for Council regarding card clubs. He rejected the statement of an offer of $500,000 as a bribe to be ludicrous and the Police Association has taken a position of neutrality. Responding to Mayor Kerry, the City Attorney replied that Police Officers, as individuals, can take a position for or against the measure. Mayor Kerry announced that the State is doing everything they can to take -money away from the counties, cities and the school districts. Councilmember Partin commented that he didn't believe the City should take such exception to the fact that the Mayor has taken a position other than what they think she should. He has heard people speak on both sides of the issue, he is not closed to either side and some cities have to resort to card clubs because they are going broke. After some additional comments on Councilmembers working together, Mayor Kerry called a recess. RECESS: Mayor Kerry recessed the meeting at 9:00 p.m. and reconvened at 9:15 p.m., with all Councilmembers present. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. Mayor Kerry mentioned that an invitation was extended to the Council to announce "Cypress Celebrates the Arts" and a special reminder of Cypress College's production of "South Pacific." Councilmember Partin remarked that the Cultural Arts Commission would like to see as many Councilmembers as possible present on opening night. CONSIDERATION OF PUBLIC HEARING RE: VARIANCE N0. 93-2, CIRCULAR DRIVEWAY, 8662 ACACIA DRIVE: Mayor Kerry opened the public hearing. Associate Planner Holly Hamlin presented the staff report dated March 29, 1993, which 8 CITY COUNCIL MINUTES April 12, 1993 represented a request for a variance from the City Zoning Ordinance to allow a circular driveway at the residence located at 8662 Acacia Drive. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 4. Several other circular driveways currently exist on this street, one of which is directly adjacent to the subject property. Research on these properties had revealed no record of the City ever granting approvals for these circular driveways. Notices of the public hearing were posted, published and mailed to property owners within a 300-foot radius of the subject property. To date, staff has not received any comments regarding this proposal. Responding to Councilmember Partin, the Associate Planner advised that there must be findings to establish the special circumstances applicable to the property and staff felt no evidence exists which would support findings A or B. However, staff felt there is sufficient evidence to support findings C, D and E. Councilmember Partin stated that he would also support finding B because of the unusually large size of the lot. The applicant, Art Mouw, 17818 Regent View, Bellflower, stated that he is planning to move into his new home toward the end of this month and explained his reasons for installing the circular driveway. Mr. Pete Van Loon, 13550 Del Monte St., Seal Beach, advised that he was a property owner near Mr. Mouw's project and he expressed support for the new home. No one else wished to speak in support of or in opposition to the application. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, approve Variance No. 93-23, subject to conditions and in accordance with findings C, D and E outlined in the staff report. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT N0. 90-31 COMMERCIAL CONDOMINIUM CONVERSION 6300-6320 LINCOLN AVENUE: The public hearing was opened by Mayor Kerry. The City Manager called upon the Associate Planner to summarize the staff report dated April 1, 1993, which represented a request to convert seven existing commercial/retail lease space units (within a common building) to commercial condominiums. The subject property is located at 6300-6320 Lincoln Avenue. In compliance with the California Environmental Quality Act, a Categorical Exemption, Class 1(0) will be filed for this project. The original permit did not include a request for the commercial building to include condominium-type ownership. The Cypress Zoning Ordinance requires that an alteration or expansion of an existing conditional use shall be permitted only upon the granting of an amendment to the existing permit. The applicant, or his representative, was not in the audience. Mayor Kerry asked if anyone wished to speak in support of or in opposition to the application. No one spoke. It was moved by Councilmember Bowman and seconded by Councilmember Age to close the public hearing and approve the Amendment to Conditional Use Permit No. 90-31, subject to the conditions in Exhibit "A". The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF STUDY OF ISSUES RELATED TO CHURCH USES WITHIN COMMERCIAL ZONES: The City Manager requested the Associate Planner present 9 ti. CITY COUNCIL MINUTES April 12, 1993 the staff report dated March 24, 1993, describing Ordinance No. 886, which declared a moratorium on the construction and use of churches in all commercial zones. The moratorium was granted in order to allow staff sufficient time in which to study the issues regarding the development of churches in commercial zones. The issues which were studied included parking, compatibility with surrounding uses, General Plan compatibility and balance of land uses. The majority of the issues appear to be related to the fact that a number of churches have developed or occupied sites which are not appropriate or compatible for church-type uses. After discussion by Council on the various parking situations and difficulties and those church functions conducted outside of the regular church services, Councilmember Bowman suggested that the shared parking be considered and limit the number of parking spaces that could be made available for shared parking, looking at the site other than a church site. Responding to Councilmember Nicholson, the Associate Planning Director answered that if staff returns to Council with any proposed amendments to the Ordinance, it would be with a full report on their recommendations. The City Manager suggested that the shared parking parameters be studied and perhaps set some criteria for a policy and return to Council in 60 days. It was moved by Councilmember Age and seconded by Councilmember Nicholson that the churches be allowed to remain as a conditionally permitted use in commercial zones and that Council adopt the following recommended policies for reviewing future church proposals: 1. In the event a church requests the development or occupancy of a commercial site, the proposed church use should be analyzed to insure compatibility with the proposed site and its surrounding uses. Requests for variances of parking requirements, lot coverage, setback reductions, ingress and egress standards and other modifications to-the Zoning Code shall be discouraged. 2. All new applications for church development will be evaluated for compliance with the Noise Element of the Cypress General Plan. 3. The City Council direct staff to study the possible modification of Sections 14.2.A.4(b) and 14.2.A.4(c) of the Cypress Zoning Code, which allows for shared .parking between commercial uses and church uses. And requested staff to study and bring back their recommendations on policy, especially for Item No. 3. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF COMMUNICATION FROM THE CYPRESS VFW POST AND AUXILIARY N0. 9847, REQUESTING THE CITY TO CO-SPONSOR THE LOYALTY DAY EVENT ON MAY 1, 1993: The City Manager presented the staff report dated April 7, 1993, which referenced a communication received from Joe Sheets and Edith Hamlin, of the Charles F. Knauss Memorial Post and Auxiliary No. 9847 and Co-chair of the Loyalty Day event to be held on May 1, 1993, at 11:00 a.m., at the Cypress Veterans Park, requesting the City to co-sponsor and assist in the funding of the event. Councilmember Age expressed concern that only two weeks were left until the event and she has not seen any publicity. She stated that over the past three years, the audience has been scant and if this event is continued, then there should be proper advertising to promote the function. The Recreation and Park Director advised that they have had a meeting with Joe Sheets to provide Veterans' Park for the Loyalty Day ceremony. They are waiting for the VFW to submit a draft of a flyer, which the Recreation and Park District will print and distribute through the elementary schools and 10 k. ~J CITY COUNCIL MINUTES April 12, 1993 make posters for distribution. Also, some entertainment and the show mobile will be provided by the District. Councilmember Age suggested that the City's contribution be reduced to $500 rather than the previous $700. Mayor Kerry stated that if the VFW doesn't have enough participation and the event can't be worked in with Arts Week, then the City's contribution will have to be re-evaluated. Councilmember Nicholson stated that $500 and the showmobile is a lot of money expended for an event in which very few people participate. It was-moved by Councilmember Bowman and seconded by Councilmember Partin to approve the donation of $500 and in kind contributions to the May 1, 1993 Loyalty Day Event. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AN ALTERNATIVE DESIGN FOR THE PROPOSED PACTEL CELLULAR ANTENNA AT SENIOR CITIZENS CENTER SITE: The City Manager requested the Associate Planner present the staff report dated April 2, 1993, which related the denial without prejudice of this previous project at the March 8, 1993 Council meeting. PacTel has now submitted a letter requesting the City Council to consider an alternative pole design that can be utilized to support PacTel Cellular Antennas. They need feedback from Council to determine the feasibility of pursuing this alternative design at the same location on the Senior Citizens Center property. After some discussion amongst Councilmembers, the Associate Planner advised that the applicant is requesting direction from the Council to determine if it would be feasible for them to submit an application for another conditional use permit on that same site with the alternative pole design. Councilmember Bowman expressed his opposition to the pole on the Senior Center site. Councilmember Partin drew the Council's attention to Item No. 4 in the applicant's letter which indicated that the City would still receive lease income from PacTel. He mentioned that the Public Utilities Commission can override the Council's decision if it is deemed in the best interest of the utility. The City Attorney concurred, but the application for a conditional use permit can be reviewed and utility companies will give great weight to the local agencies decision when it comes to discretionary applications. Councilmember Age requested that the item be continued. Councilmember Nicholson concurred. It was moved by Councilmember Nicholson and seconded by Councilmember Age to continue this item to the April 26, 1993 Council meeting. The motion carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mr. John Bitterly, Zoning Consultant for PacTel Cellular, explained that one of the reasons this particular pole wasn't ready for the March 8 meeting was because it was still being designed. The City Maintenance Yard is an option but PacTel is asking for consideration on this same site to determine if this new design is acceptable. The City Attorney clarified, for the record, that the earlier decision was not whether the project would be approved or not, but if the applicant would be interested in submitting another application for a permit. 11 r ^n CITY COUNCIL MINUTES .April 12, 1993 CONSIDERATION OF APPEAL OF DESIGN REVIEW COMMITTEE'S DECISION OF DESIGN REVIEW COMMITTEE N0. 93-6 FOR A SECOND STORY DECK AT 9838 RAVARI CIRCLE: The Associate Planner reviewed the staff report dated March 31, 1993, which represented a request by the applicant, on behalf of the property owners, to appeal the Design Review Committee's decision denying the request for a second story balcony for the residence located at 9838 Ravari Drive. On March 25, 1993, the Design Review Committee denied a request for the second story deck at the subject residence due to insufficient screening of the adjourning neighbor to the north. The property owners are appealing staff's decision and are requesting that the Council approve their second floor deck. Ms. Evonne Morton, representing West Coast Custom Rooms and the homeowner, stated that she had a letter from the affected neighbor who wrote that they had no objection to the balcony. Councilmember Nicholson voiced concern about houses back to back with one having a balcony intruding into the neighbor's back yard. She remarked that she was not concerned about the side window, which is usually covered. She expressed concern about a balcony when there was a house to the rear. Councilmember Age expressed concern that others would come before Council requesting the same consideration. Ms. Morton asked if these requests for balconies could be granted on a case- by-case basis. The City Attorney advised that if the Council approved something like this, a policy would be set in the development that second story balconies were allowed. A policy could be established without setting precedent by allowing this type of structure only under a particular set of circumstances. Councilmember Age would not be in favor of supporting a blanket statement. The City Attorney explained that if the Council considered approving such a deviation, they make it clear in the record that staff consider this type of project only under certain circumstances. Councilmember Partin asked if a prohibition against balconies could be created by code amendment and then handle requests by the variance process. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to deny the appeal without prejudice and direct staff to amend the Code to require second story balconies be subject to a conditional use permit. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ALLOWING CITY STAFF TO EXPLORE THE USE OF TAX AND REVENUE ANTICIPATION NOTES FOR SHORT TERM CASH FINANCING: The Finance Director summarized the staff report dated March 22, 1993, which described Tax and Revenue Anticipation Note (TRANS) issued by local governments to provide funds to meet cash flow deficits. The advantage is that the City is allowed to keep the arbitrage on any money that is earned. The California State Association of Counties and the League of California Cities have joined together to provide a Pooled Tax and Revenue Anticipation Note Program for local governments. Staff feels it would be in the City's best interests to further explore the issuance of a TRAN. The City Manager advised that the City does have a cash flow shortage every year because the property tax doesn't come in until December and the City has to carry all costs until then. The Finance Director explained that the key issue was the money could be kept for 12 months to earn arbitrage but it may only be needed for one or two months to cover the deficient cash flow. 12 C d i CITY COUNCIL MINUTES April 12, 1993 After a question and answer period, it was moved by Councilmember Partin and seconded by Councilmember Age to: 1) authorize City Staff to explore the use of Tax-and Revenue Anticipation Notes for short-term cash financing; and 2) authorize the following list of officials to sign documents in connection. with the TRAN issue: Gail Kerry, Mayor Cecilia Age, Mayor Pro-Tem Darrell Essex, City Manager Richard Storey, Finance Director The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF IMPOSING A UTILITY USERS FEE FOR POLICE SERVICES: Councilmember Age requested that this matter be placed on the April 12, 1993 agenda for discussion. She stated that in talking to citizens in the community, they indicated they would prefer and gladly pay some type of assessment tax or see it placed on the November ballot specifically for the Police Department for added personnel and equipment. She brought it before Council to determine if they would agree to place the issue on the November ballot. Councilmember Nicholson mentioned that a utility users tax might also have to be implemented and Council has discussed these items at the budget workshops. Councilmember Bowman stated he thought the Council should explore all the options available and it is premature to talk about putting any type of fee or tax on the ballot. Mayor Kerry agreed that because of the many issues coming up, a process is going to have to be followed. The citizens need to understand the loss of funding and budget constraints. _ The City Manager advised that, after the completion of departmental reviews, Finance will arrive at the final figures, using several strategies discussed at the budget retreat. Because of the severity of the budget cuts in every department of the City, Council is going to have to make the decisions as to service level reductions vs. some approach to revenue. After some discussion on a special Council meeting to discuss the budget status on April 19, it was moved by Councilmember Age and seconded by Councilmember Nicholson to continue this item to the April 26, 1993 meeting. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Kerry NOES: 1 COUNCILMEMBERS: Partin ABSENT: 0 COUNCILMEMBERS: None The City Manager advised that this is the first major cutback the City has had to face since Prop 13 and major adjustments have been made, including proposed layoffs. After additional discussion on the ramifications of budget cuts imposed by the State, which does not include special districts as yet, the budget workshop was planned for 4:30 p.m., Monday, April 19. CONSIDERATION OF AMENDING THE TEMPORARY AND SEASONAL CLASSIFICATION PLAN AND - HOURLY PAY SCHEDULE BY ADDING THE TEMPORARY/PART-TIME CLASSIFICATIONS OF ASSISTANT POOL MANAGER AND POLICE DISPATCHER II: The Personnel Director summarized the staff report dated April 5, 1993, which revealed that two positions were being added to the temporary and seasonal classification pay plan. The Assistant Pool Manager will perform duties during the summer and Police Dispatcher II position to the temporary and seasonal salary schedule and classification plan. 13 y i if 3~I J• Iy V F./ CITY COUNCIL MINUTES April 12, 1993 It was moved by Councilmember Partin and seconded by Councilmember Age that the City Council and acting as ex-officio Board of Directors of the Cypress Recreation and Park District: 1. Approve the class specifications for the temporary and seasonal positions of Assistant Pool Manager and Police Dispatcher II; and 2. Adopt the attached Resolution by title only, title as follows, to " include the classifications and hourly pay rate schedule for the temporary and seasonal positions of Assistant Pool Manager and Police Dispatcher II. RESOLUTION N0. 417s 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 RESOLUTION N0. 4054, BY ADDING CLASS SPECIFICATIONS FOR THE POSITIONS OF ASSISTANT POOL MANAGER AND DISPATCHER II TO THE TEMPORARY AND SEASONAL POSITION CLASSIFICATION PLAN AND ESTABLISHING HOURLY COMPENSATION FOR. EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0. 3748 - 4011: It was moved by Councilmember Partin and seconded by Councilmember Age to approve the Commercial Warrants No. 3748 through 4011 in the amount of $1,749,891.61. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Recreation & Park District Matters: CONSIDERATION OF CYPRESS BOYS AND GIRLS CLUB REQUEST FOR DONATION OF TWENTY (20~ PASSENGER BUS: The Recreation and Park District Director presented the staff report dated April 6, 1993, which advised that the use of the 20 passenger van has recently been discontinued by the District. The Cypress Boys and Girls Club has shown an interest in the bus, whose worth is presently estimated between $3,500 and $5,500. The Executive Director requested that the bus be donated to the Club. It was moved by Councilmember Partin and seconded by Councilmember Age that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1. Authorize the sale of the District's 20 passenger bus to the Cypress Boys and Girls Club for $1.00 as requested by Executive Director Kim Maxwell, and 2. That consideration be given that the $3,500 estimated value of the bus be regarded as partial donation for any future donations from the City to the Boys and Girls Club. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ms. Kathy Bias, Los Alamitos, asked if the Boys and Girls Club was part of the Recreation & Park District and Council responded in the negative. Ms. Bias 14 t~ CITY COUNCIL MINUTES April 12, 1993 was informed that a public hearing would be held on the Boy's and Girls Club conditional use permit on April 26, 1993. CONSIDERATION OF PROPOSED LIGHTED FIELDS #1 AND #2 AT OAK KNOLL PARK: The Recreation and Park District Director summarized the staff report dated April 6, 1993, which advised of the results of the public meeting held on February 16, 1993, with six people giving statements for or against the addition of sports field lighting at Oak Knoll Park. The Little League proposal called for sports field lighting at Oak Knoll Park Fields #1 and #2 to provide lighting primarily for the Cypress Little League as well as providing lighting for evening practices by Pop Warner Football and AYSO. Councilmember Age suggested that this item be deferred until after the budget session. Mr. Roger Geiger and Mr. Bill Mathews, representing the Little League, reported that Pop Warner is financially unable to contribute at this time. AYSO has already donated $1,000 with the promise of further contributions as their fund allows. Mayor Kerry suggested that a commitment be obtained from the Pop Warner Group and she hoped that all the sports groups would recognize the advantage of the lights and participate generously. It was moved by Councilmember Age and seconded by Councilmember Bowman that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, accept the cypress Little League's proposal for lighting of Oak Knoll Park Fields #1 and #2 with conditions agreed to by the Cypress Little League, and that the project be pursued subject to the availability of funding by the Cypress Recreation and Park District, with the understanding that the recommendation is based upon the availability of funds from the Recreation and Park District. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF TRANSFER OF FUNDS FOR REDESIGN CONCEPT FOR ARNOLD/CYPRESS PARK: The Recreation and Park District Director summarized the staff report dated April 6, 1993, which described Arnold/Cypress Park and the various activities conducted at this facility. The Recreation Facilities Report of 1992 recommended the redesign and redevelopment of this facility to alleviate the scheduling problems currently affecting all user groups. In view of funds that may become available as soon as June 1993, there is a need to perform a feasibility study. Two landscape architectural firms were contacted concerning the fees for conceptual designs for the three phases. It was moved by Councilmember Partin and seconded by Councilmember Nicholson that the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, recommend a transfer of funds from City Open Space Account No. 2501-11 to District Account No. 4187-12- 301.10 in an amount not to exceed $8,000 to pay for a conceptual design of Arnold/Cypress Park. The motion unanimously carried by the following roll; call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None a RECESS: Mayor Kerry recessed the meeting at 11:20 p.m. to allow the Council to meet as the Cypress Redevelopment Agency. The meeting reconvened at 11:23 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Nicholson reported that a communication was initiated by the Cypress Golf Course indicating that Mr. Ted Sada has lowered the rate for 15 ~ h, CITY COUNCIL MINUTES April 12, 1993 Cypress residents Monday through Thursday to $45 all day and Friday through Sunday to $65 all day. They have included Los Alamitos and Rossmoor residents for a daily discount from 7:00 a.m. to 9:00 a.m. The City Manager advised that he had received a phone message from the Orange County Fire Department who have developed contingency plans in addition to those prepared by the Police Department. They will be sending faxes every four hours on the activity levels of the Fire Department in the event of civil unrest. The Police Chief provided a telephone number for rumor control, (714) 828- 1224, which will handle inquiries and questions and the public is encouraged to call. The City Manager suggested that this phone number be displayed on City's cable Channel 52. Councilmember Partin stated he received a call from a citizen advising that he was unable to receive the replays of the City Council meetings on the Paragon system. The Assistant City Manager advised that the replays were on Paragon Channel 3A Thursday nights and Sunday mornings. Councilmember Bowman brought up the suggestion made earlier in the evening about a public forum on card clubs, involving the .police chiefs and district attorney. Mayor Kerry asked when the Ordinance would be drafted for Council review. The City Attorney advised that it would be available for TEAM discussion on April 14 and a possibility that it will be brought to Council on April 26 or May 10. ADJOURNMENT: Mayor Kerry adjourned the meeting at 11:35 p.m. to Monday, April 19, 1993, at 4:30 p.m, in the Administrative Conference Room, West Wing, Cypress City Hall, 5275 Orange Avenue MAYOR OF THE CITY OF S ATTEST: CIT CLE OF THE CITY. F CYPRESS 16