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Minutes 94-04-11 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 11, 1994 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., on MOnday, April 11, 1994, in the Administrative Conference Room, West wing, City Hall, 5275 orange Avenue, Cypress, Mayor Pro Tern Joyce Nicholson presiding. PRESENT: ABSENT: Councilmembers Age, Bowman, Kerry and Nicholson Mayor Partin Also present were City Manager/City Clerk Darrell Essex, Planning Director Chris Eynon and Consultant Glen Mcintire of Glen MCintire & Associates. Mr. Mcintire discussed the three major items with the Council on the continued use of the City seal as It exists; choosing, from samples, the brochure desired to market cypress and completing a questionnaire and listing photOgraphs that the Council wanted in the Cypress marketing brochure. RECESS: The meeting was recessed at 5:1S p.m. to allow the Council to reconvene in the Council Chamber. The meeting reconvened at 5:30 p.m. with all councilmembers present. MAYOR PARTIN HAD ARRIVED AT 5:2S P.M. Also present were staff members Bacock, Munoz, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES FOR THE PREPARATION OF CITY-WIDE RADAR SPEED SURVEYS. PUBLIC WORKS PROJECT NO. 9404: The City Manager requested that the Acting City Engineer summarize the staff report dated April 4, 1994, which described the justification of speed limits with engineering and traffic studies that must be updated every five years. Four proposals were received to provide the updating of these city-wide speed surveys. Responding to Mayor partin, the Acting City Engineer indicated that every City is required to justify speed limits every five years and staff will have the consultants check the signing on Katella Avenue. It was moved by Council member Nicholson and seconded by Councilmember Age to award a contract for Traffic Engineering Services for the preparation of City-Wide Radar Speed Surveys to Albert Grover & Associates, 211 E. Imperial Highway, Suite 208, Fullerton, CA 92635 for a fee not to exceed $19,735.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCllMEMBERS: None o 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 asked that Item No.9, Consideration of Approval of Plans and Design Specifications and Authorization to Advertise for Bid for Various Pavement Rehabilitation and Intersection Improvement projects, Public Works Projects NOS. 9304, 930S, and 9310 and Consideration of Acceptance of Agreement with the Cities of LOS Alamitos and stanton, be pulled. Councilmember Nicholson requested that Items NO. 11 and 14, Consideration of Business Identification Sign and Consideration of Release of Bond Posted to Guarantee undergrounding of power poles and Power Lines, respectively, be removed. Personnel Director Bacock asked that Item No. 13, concerning extensions to Employees' Memoranda of Understanding be pulled from the Consent Calendar. 1 '-1- If /2- 99 It was moved by Councilmember Age and seconded by Council member Nicholson to approve the Consent Calendar Items NO.2 through 14, with the exception of Items No.9, 11,13 and 14. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.2: Motion to Approve City Council Minutes of the Regular Meeting of March 28, 1994. Recommendation: That the City Council approve the Minutes of March 28, 1994, as submitted. Item NO.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO.4: Consideration of proclaiming April 24 -30, 1994, as "Crime victims' Rights Week." Recommendation: That the Mayor and City Council officially proclaim April 24 - 30, 1994, as "Crime Victims' Rights Week" in the City of Cypress. Item NO.5: Consideration of Adoption of Resolution Commending Eagle Scout Nathan James Esch. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Eagle Scout Nathan James Esch. RESOLUTION NO. 4291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT NATHAN JAMES ESCH ON ATTAINING THE RANK OF EAGLE SCOUT. Item NO.6: Consideration of proclaiming April 29 - May 6, 1994, as "cypress Celebrates the Arts Week." Recommendation: That the Mayor and City Council officially prOClaim April 29 - May 6, 1994, as "Cypress Celebrates the Arts Week" in the City of cypress. Item NO.7: Consideration of Design Review Committee'S Approval of DRC #94-6. Recommendation: Receive and file. Item NO.8: Consideration of proclaiming May 16 - 22, 1994, as "Public Works Week." Recommendation: That the Mayor and City Council officially prOClaim May 16 - 22,1994 as "Public Works Week" in the City of cypress. Item No. 10: Consideration of Business Identification Sign - M & M Auto Repair, Conditional Use Permit No. 94-1, 5S01 Ball Road. Recommendation: That the City Council receive and file the proposed sign plan for Conditional Use permit No. 94-1 or direct staff to make any changes. Item No. 12: Consideration of Application for 1994/95 SB 821 Funds for Future Bicycle and Pedestrian Facilities. Recommendation: That the City Council adopt the Resolution by title only, title as fOllows, authorizing application to the orange county Transportation Authority for all funds available to the City of cypress for bikeway and pedestrian facilities. RESOLUTION NO. 4292 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. END OF CONSENT CALENDAR 2 4- Ii. .;' , - 100 CITY COUNCIL MINUTES April 11, 1994 Regarding Item NO.9, concerning plans and design specs for various pavement and intersection improvements, Councilmember Age asked the status of the Katella Avenue superstreet in cypress. The Acting City Engineer reported that they have entered into an agreement with Los Alamitos to share the costs. He also reported that the City of cypress has very little involvement with the superstreet project other than the intersection of Knott street and Katella Avenue. It was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Plans and specifications for intersection improvements, Project No. 9310, and pavement rehabilitation, projects NO. 9304 and 9305; 2) authorize staff to advertise said projects for bid; 3) approve the agreements between the cities of cypress and stanton, and cypress and Los Alamitos; and 4) authorize the Mayor to execute said agreements. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None concerning the business identification sign for M&M Market, the City Manager suggested this item be deferred to the evening session when the Planning Director is present. It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to continue this item to the 7:30 p.m. Agenda. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to the extensions to employees' memoranda of understanding, the personnel Director presented the signed extensions to the Council. It was moved by Council member Kerry and seconded by Nicholson to ratify the extensions to the Memoranda of understanding between the City and the Cypress Employees' Association (CEA), Maintenance Employees' Association (MEA), Mid-Management Employees' Association (MMEA), police Management Association (PMAl, and the Public Works Maintenance Supervisors' Association (PWMSA), as submitted by the April 11, 1994 meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Regarding Item NO. 14, the release of bond posted to guarantee undergrounding of power poles and lines, Councilmember Nicholson asked how this developed and the City Attorney explained that it was an issue on private property and; therefore, there was no reason to continue to hold the bond. It was moved by Council member Nicholson and seconded by Council member Age to authorize the City to release the cash bond of $18,000.00, posted to guarantee relocation or undergrounding of power poles and power lines that run across the eastern portion of Parcel 1 (north section) serving the stable area of the Race Track. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None ORDINANCES (Second Readinq) & RESOLUTIONS: It was moved by Councilmember Age and seconded by Councilmember Nicholson to adopt the Resolution by title only, title as follows, approving CUP No. 84-5. RESOLUTION NO. 4293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-5 - WITH CONDITIONS (ADDITION TO TARGET STORE STOCK ROOM, 6843 KATELLA AVENUE)' The motion unanimously carried by the following roll call vote: 3 CITY COUNCIL MINUTES AYES: NOES: ABSENT: if-lilt.! r 01 April 11, 1994 S COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Bowman and seconded by Council member Kerry to adopt the Resolution by title only, title as follows, approving CUP No. 94-6. RESOLUTION NO. 4294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 94-6 - WITH CONDITIONS (UNMANNED CELLULAR TELEPHONE FACILITY, 8921 ELECTRIC STREETl. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to adopt a Resolution by title only, title as follows, granting Variance No. 94-1 RESOLUTION NO. 4295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF SECTIONS 11.2.B.1 AND 11.2.B.9 OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A 6S FOOT HIGH CELLULAR PHONE MONOPOLE AND AN EQUIPMENT ROOM LOCATED CLOSER THAN 10 FEET TO THE ANTENNA MONOPOLE AT 8921 ELECTRIC STREET IN THE Ml-INDUSTRIAL LIGHT ZONE - VARIANCE NO. 94-1. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Age and seconded by Councilmember Kerry to adopt the Resolution by title only, title as fOllOWS, approving CUP No. 94-7. RESOLUTION NO. 4296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 94-7 - WITH CONDITIONS (CONSTRUCTION OF PATIO DINING AREA WITH EXPANDED BEER AND WINE LIQUOR LICENSE AT RESTAURANT, 1020S VALLEY VIEW STREET). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at 5:55 p.m. to enable the Council to enter into a Closed Session to confer with labor Negotiator NiCk Nichols of Hamilton & Associates concerning the cypress Public Safety Employees Association and to confer with legal counsel on an existing litigation case Martneau v. City of Cypress, et ai, USDC Case #CV92-3831 HLH ISxl. The meeting reconvened at 7:30 p.m. with all Council members present. Also present were staff members Bacock, DeCarlo, Eynon, Munoz, storey and Wicker. 7:30 SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Age. PRESENTATIONS: Mayor Partin presented Community Service Plaques to members of the cypress Fiscal Advisory Committee Reynold Elkin, Robert Solheim, Lawrence Bloch, Thomas Carroll and 4 102 ~ CITY COUNCIL MINUTES April 11, 1994 Maryann Jones. Council expressed their appreciation to the Committee Members for ali the time and effort spent in preparing the CFAC report. Lt. Col. James Ghormley provided the Council with an update on the Air Installation Compatible Use zone (AICUZ) study and to clarify questions that the Council may have relative to what has been done on the study. He then answered questions from Council on the "noise map," accident prevention zones, crash zones and the EIS document. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mr. John Merzweiler, P.O. Box 3511, Huntington Beach, spoke on the two candidates from Huntington Beach that were running for supervisor of the 2nd District and their campaign contributions. Ms. Elizabeth Lairmore, 8892 Sumner Place, cypress, presented a petition to the Council from the residents on Sumner Place about a speeding problem on that street and they requested a solution because the children are in danger. The City Manager introduced the New Public Works Director/City Engineer, Mark Christoffels, who will joining staff on April 25, 1994. He reported on discussions held with the Council and the consultant in the Redevelopment Marketing Program workshop session and he then summarized the actions taken by the City Council on items on the 5:30 portion of the Agenda. The City Attorney announced that, in compliance with the new Brown Act rules effective April 1, 1994, the Closed Session items now have to be agendized. The two items discussed in Closed Session were the pending litigation under Government Code Section 54956.9 Martineau vs. the City of Cypress and a personnel item under government Code section 54957.6, which addressed labor negotiations involving the cypress Public safety Employees Association. Regarding Item NO. 11, concerning a business identification sign for M & M Market, Councilmember Nicholson asked about all the lettering being at the top of the sign, leaving two-thirds of the sign blank. She asked what was being planned for the blank space and if it would be allowed. The Planning Director called upon the applicant for an answer because staff can specifically condition that as part of Design Review. Mr. Haddad, the applicant, explained that the space on the sign underneath the name of the market would say "Meat, Groceries and Produce" only. Council member Kerry expressed her concern about the size and positioning Of the sign creating a sight distance problem from the driveway. The Planning Director advised that the applicant would have to resubmit their application in any event because when new wording is added to a sign, it is a new sign and she asked the Council to voice any additional concerns to staff. NO action was taken on this issue. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: ZONING ORDINANCE AMENDMENT NO. 93-7, ESTABLISHING REQUIREMENTS AND PROCEDURES FOR SINGLE ROOM OCCUPANCY DEVELOPMENTS: The staff report dated April 6, 1994 requested this item be continued to allow staff time to make final modifications to the ordinance. It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to continue this item to the May 9, 1994 City Council meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO 94-1, AMENDING SECTION 18.3 OF THE CYPRESS ZONING CODE EXTENDING THE TWENTY (20) DAY DESIGN REVIEW APPROVAL REQUIREMENT TO FORTY-FIVE (45) DAYS: Mayor Partin opened the publiC hearing. The Planning Director reviewed the staff report dated March 22, 1994, which advised that this item had previously been briefly discussed by Council. Council had requested that staff make minor modifications to the ordinance and return with those revisions. Although a negative declaration was originally filed for this project, additional environmental review revealed that the project is categorically exempt pursuant to section 15308 of the California Environmental Quality Act. She explained that the ordinance had been changed to reflect that any project which is 5 ~I - r 0 3 CITY COUNCIL MINUTES April 11, 1994 categorically exempt still remains within the 20 day time frame and projects requiring a Negative Declaration will be give up to 45 days to come before Council. NO one wished to speak in support of or in opposition to the amendment. It was moved by Councilmember Nicholson and seconded by Council member Kerry to close the public hearing, approve the first reading of the Ordinance by title only, title as follows. amending Appendix I "zoning" of the City Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING APPENDIX I, "ZONING" OF THE CODE OF THE CITY OF CYPRESS BY THE AMENDMENT OF SECTION 18.3, "ACTION BY THE DESIGN REVIEW COMMITTEE." The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 92- 15. ZION CENTRAL PRESBYTERIAN CHURCH. S271 LINCOLN AVENUE: The public hearing was opened by Mayor Partin. The Planning Director summarized the staff report dated March 30, 1994 and advised that one communication had been received, which was from the applicant, regarding Condition No. 48 addressing an acoustical report. Further review indicated that condition was not necessary and It will be deleted. The application represented a request to modify the site plan and floor plan of the church facility currently under construction on the property located at S271 Lincoln Avenue. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 1. During construction of the new two-story structure, it was determined the cost of rehabilitating the existing one-story structure would be economically unfeasible. AS a result, the plans submitted with this application include the demolition of the existing single-story building and conversion of the first floor of the two-story building into a fellowship hall and classroom area. Notices of the public hearing were published, posted and mailed to all property owners within 300 feet of the subject property. To date, staff has received no written or verbal communications regarding this matter. Although the church does meet current parking standards, a condition was included to address parking concerns generated as a result of the church use. Mr. Daniel Pae, architect on the project, 3S695 Triesta way, Yorba Linda, commended Assistant Planner Doug Hawkins on the efforts he has expended on the project and he then answered questions from the Council. NO one wished to speak in favor or against the proposed permit amendment. It was moved by Councilmember Bowman and seconded by Council member Nicholson to close the public hearing, approve the Amendment to Conditional Use Permit No. 92- 1S, subject to conditions, with the deletion of Condition No. 48. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 94-2. REDUCTION IN REAR YARD OPEN AREA. 4038 CARDIFF DRIVE: The public hearing was declared open by Mayor partin. The City Manager requested that the Planning Director present the staff report dated March 30,1994, which represented a request to vary from the Cypress Zoning Code to allow a reduction in the rear yard open area from the required 1,100 square feet of open area down to 900 square feet. The subject property is located at 4038 Cardiff Drive. In accordance with the requirements of the California Environmental Quality Act, this project has been determined to be categorically exempt, Class 5. Although the area is an RS-6,000 zone, the property contains approximately 5,040 square feet of land area. On July 12, 1993, the City Council heard a variance request, were unable to make the required findings for the approval of the variance and unanimously denied the application. Since the denial, the applicant has been working with staff and the City 6 104 .-.i CITY COUNCIL MINUTES April 11, 1994 Attorney to bring the property into compliance with the zoning Code. After analyzing the applicant's proposal, staff believed there was sufficient jUstification to support this variance request. Notices of the public hearing have been published, posted and mailed to all property owners within 300 feet of the subject property. To date, staff has not received any responses to this request. ResPOnding to Council member Bowman, the Planning Director replied that the applicant had signed an agreement that the building will meet all the setback requirements. After some discussion, the City Attorney clarified that the issue before the Council is whether or not the variance will be granted and then the preparation of the building plans, which will come back to the Planning Department for approval of the structure. Councilmember Kerry expressed concern about this variance being granted for a two- story addition and the extension of the second story beyond the first story. Mr. Harold Caswell, the applicant, 4038 Cardiff Drive, cypress, volunteered to answer any questions from Council. Mayor Partin asked if anyone wished to speak in support of the application. Mr. RiChard Verdugo, 4035 Selkirk Court, cypress, the neighbor who lives directly behind Mr. Caswell, felt he was the most affected by the building and asked for an explanation of what was occurring at this time. Ms. Norma Martella, 9364 Fleetwood street, cypress, spoke in favor of the project, the structure is not noticeable from the street and she has no objection to the variance. She also presented a written communication to the Council from another neighbor of Mr. Caswell's. The Mayor requested that anyone wishing to speak in opposition to the item come forward. No one did so. It was moved by Council member Age to close the publiC hearing and approve Variance NO. 94-2, SUbject to conditions. City Attorney cavanaugh stated, in order to address Councilmember Kerry's concerns about the structure, that the application could be conditioned to have design review of the building return to Council. Councilmember Age amended her motion to include that provision. The Planning Director advised that Condition No. 10, would read, "Building modification shall be subject to Design Review and shall be presented to the Council for final review and approval." Councilmember Bowman seconded the motion. Council member Kerry stated her concern was that approved variances in the past have been for one-story additions and because this two story addition will infringe upon the neighbors, she cannot support the granting of this variance. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and Partin 1 COUNCILMEMBERS: Kerry o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF PERSONNEL FILE RECORDS PURGE: The City Manager referenced the staff report dated April 6, 1994, which indicated that the Council had continued this item and the report dated January 3, 1994 submitted by the Chief of police was attached. It was moved by Council member Age and seconded by Council member Nicholson to authorize the destruction of the previously named police Department's personnel records in accordance with Government Code Section 34090 and City Council Resolution NO. 2338, dated February 1981. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF VACANCIES ON THE CYPRESS CULTURAL ARTS COMMISSION: The City Manager notified the Council that currently there is one vacancy on the Commission and there will be a second vacancy on April 13, 1994 when Cultural Arts Commissioner Gay Hannah's second term of office expires. The staff report dated 7 -1-1/ / J' 10: CITY COUNCil MINUTES April 11, 1994 April 6, 1994 requested Council direction on whether applications should be solicited for filling these vacancies. Mayor Partin requested that this item be referred back to the Cultural Arts Commission and he would request the Recreation and Parks Director's opinion on whether or not the number of Commissioners was too cumbersome to allow the Commission to operate efficiently. Commissioner Nicholson suggested that the Council ask each Commission for their recommendations on how they can save money and that item to be placed on a future Agenda. Councilmember Kerry concurred and she added having the Commissions consider the pros and cons of keeping the Commissions and/or restructuring. It was moved by Councilmember Kerry and seconded by Council member Nicholson to reduce the size of the Cultural Arts Commission from nine to seven and then consider cost savings. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None The City Manager stated that the ordinance would have to be changed reducing the number of Cultural Arts Commissioners and brought back to Council. CONSIDERATION OF ADJUSTMENT IN BUSINESS LICENSE TAX FOR SPECIAL SALES: The Finance Director presented the staff reports dated March 14 and 31, 1994, which indicated staff had been directed to return to Council with information on what other cities charge swap meets for business licenses. He made a correction on the staff report which stated "$.026/$1,000" and should be "$.26/$1,000" of sales per vendor, or a daily fee per entire operation equal to $20 per operating day but not to be less than an annual minimum fee of $1,000 as outlined in the cypress City Code. He then provided examples of swap meet operations in various other cities. The City currently does not charge crafters/exhibitors at the festival for business license tax. In order to have both cypress and out-of-the city crafters on a more equitable basis, staff suggested that a one day tax on crafters be adopted if they don't already have a valid business license in Cypress. The Recreation and Park District Director stated that in order to meet the code, licensing of all vendors that enter any of the District's events during the year would be required. If each vendor is charged approximately $2.00 additional there would be enough for the District to carry the licensing for all the vendors. Councilmember Nicholson stated that the people that now have a City business license should not have to pay an additional fee and the out-of-city crafters should have to pay the fee to the City. The suggestion that was made is penalizing Cypress residents. The City Manager suggested exempting those people that already have City business licenses. Councilmember Bowman mentioned the priority on which the booths were selected and the Recreation and Park Director stated that this item will be on the next Recreation & Community Service Commission meeting agenda. Councilmember Age asked how this would affect Cypress COllege and requested more information on those fees. Council member Bowman believed there would be some loss to the present retailers on Katella Avenue and asked if a survey had been done as to the affect the swap meet would have on them. He felt that more information was needed before a determination was made on which fee to apply. Councilmember Age asked staff to review Stanton's swap meet and bring that information back to Council. Councilmember Kerry requested staff contact Fullerton college to determine how they run their swap meet. It was moved by Councilmember Nicholson and seconded by Councilmember Age to continue this item to the April 2S, 1994 meeting. 8 106 CITY COUNCIL MINUTES April 11, 1994 Mr. Lawrence Turner, 9283 Vista Mesa, Cypress, asked if hobbyists, crafters and people that work in their homes have to buy a business license every year. If the swap meeting owner purchases the business license, the operators each pay $2 and then they don't have to file a business report every year. He couldn't understand how a swap meet operator could be compared to a home hobbyist. Councilmember Age stated that Mr. Turner had a good point and staff needed to look at that also. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Council member Nicholson asked that the Commission look at the possibility of giving Cypress residents extra day's notice for the Community Festival and boutiques. CONSIDERATION OF ELIMINATION OF BUDGETED POSITIONS: The City Manager requested the personnel Director present the staff report dated April 8, 1994, summarizing portions of the Personnel Rules and Regulations, which addressed layoff procedures and named positions proposed for elimination. Responding to Councilmember Age, the Personnel Director itemized those positions which are currently vacant. The City Manager stated that this is the first look at the budgeted positions that will be eliminated and there will be some restructuring in the Finance Department and other positions in Public Works that will be impacted after the new Public Works Director has gone over the budget and the current staffing. There will be other reviews as the budget is discussed further. Lt. John schaefer, cypress Police Department, 2108 EI Rancho vista, Fullerton, was present representing the cypress Police Management Association. He stated that as a public employee it was his job to see that the POliCY directed by elected officials be implemented. Rather than the City Council providing staff with broad direction, Council has directed the specific details of various departments without or contrary to the input of professional career public employees and that has placed a serious strain on working relations. He urged the Council to reconsider the recommendations before them regarding reductions in Police Department staffing. He recommended that the currently vacant lieutenant's position remain vacant; allow the Communications Supervisor position to go unfilled; leave the captain's position intact; fill the vacant sergeant and two of the four authorized pOlice officer positions at this time and authorize the other two to be filled on an overfill basis when savings allow the funds to pay for those overfill positions. sergeant Ray Peterson, cypress Police Department, believed that Lt. Schaefer presented the Council with a viable option and expressed concern about the elimination of the positions of captain, Lieutenant, sergeant and Communications supervisor. Decreasing the number of supervisors and managers will only decrease the number of services provided to the community. The message that is being received is that five members of a Committee can end a career based on little or not very valid information. Police Agent Matt Robinson, President of the CPSEA, spoke on how the elimination of management positions affected the rank and file police officer. The line police officer is aSking why should they continue to work with the City of cypress because the incentive seems to have disappeared. He asked if anyone in City government even considered employee retention and morale. Ms. Yvonne Greenelsh, 87S1 Sumner Place, Cypress, said that most of the things she wanted to say had been expressed previously and the City needs its police. She suggested that graffiti be removed by volunteers to help save money. Mr. Bill RaymOnd, Public Works superintendent, representing the Mid-Management Association, expressed concern that they were not advised of the actions of the Council and, if given an opportunity, they could analyze the situation and arrive at additional facts that may offer opportunities to make other decisions. 9 CITY COUNCIL MINUTES April 11, 1994 Mr. Ted Hill, 10001 St. Vincent Circle, cypress, spoke on the crime that is coming into the City from the surrounding areas and if the Police force is cut down, there will be more crime. Mr. Aron GOuld, cypress resident, commented that safety was very important to him and related an incident that happened to his family. Mrs. Mary Crowder, 6881 Reef ton Avenue, cypress, asked that the police officers be kept and eliminate those people on City staff that are not needed. MS. Norma Martella, 9364 Fleetwood street, cypress, felt the City needed all their police officers. MS. Liz Lairmore, 8892 Sumner Place, Cypress, asked who was going to protect the businesses of Cypress if the police officers are laid off. Mr. Bill Seebanse, 8871 Sumner Place, cypress, commented that there is more crime all the time and the police Department is the last place to eliminate jObS. Councilmember Age stated that she believed public safety is a number one issue. Council is reviewing Police Management levels and reorganization to look for funding to add officers. It is the cop on the street that will deter the crime, not the manager sitting behind the desk. It is important to hire additional police officers and Council Is searching for additional funding sources through sound fiscal budgeting. Council member Nicholson added that no one wants to layoff people, but sometimes it has to be done. The City is looKing at a decreasing amount of money. Council is working with a limited amount of money to put more pOlice on the street and to get more work from the maintenance crews. The City departments knew the City was in crisis and they all could have arrived at cost-saving ideas previously and now they are asking for the time to voice those ideas. Councilmember Bowman stated that it was important to note that although the Citizens Fiscal Advisory Committee are skilled in the finance area that is not the whole story. The whole story is that the people will make the decision. The City is in a situation where the public is not interested in any additional taxes so a way must be found to reorganize. Councilmember Kerry stated that the Council does not want to increase taxes but it does not leave many choices when property values and sales taxes go down. It is imperative that the City have more police officers on the street but there is no money to fund them. The Council has been very sensitive to Offering retirements and other incentives to try and reduce the impact. It was moved by Council member Nicholson and seconded by Councilmember Bowman to eliminate the budgeted positions as listed in the staff report based upon the requirements set forth in the personnel RUles & Regulations and the Memoranda of Understanding. Mayor Partin advised that he would vote for the recommendation but voiced his opposition to the reduction in the Police Department management positions, especially the elimination of one Police Captain'S position but there is no choice. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Partin recessed the meeting at 10:20 p.m. and reconvened at 10:30 p.m. with all Councilmembers present. Regarding Item No. 26, the City Manager stated that the most significant date was that of the implementation of the elimination of the bUdgeted positions. He mentioned that July 1, 1994 would be a general target date and if there are specific changes to that date that need to be addressed, he would bring them back to Council on an individual basis. Council member Kerry asked that anyone that is close to retirement or eligible for some other benefit, Council should be made aware. The City Manager believed that it was appropriate to make this decision and then address the individual concerns. The City Attorney advised that notices are required to be sent out subsequent to the decision tonight and those notices would be dated JUly 1,1994 for implementation. 10 CITY COUNCIL MINUTES April 11, 1994 There will be an opportunity for the organizations to talk after they have received those notices but a date is needed to comply with the rules and regulations. It was moved by Councilmember Kerry and seconded by Councilmember Nicholson to authorize the elimination of the positions indicated in the staff report as of June 30, 1994. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCllMEMBERS: None CONSIDERATION OF RESOLUTION ESTABLISHING TRAFFIC IMPROVEMENT FEE CRITERIA TO COINCIDE WITH EFFECTIVE DATE OF TRAFFIC FEE ORDINANCE: The City Manager presented the staff report dated April 5, 1994, with the Resolution establishing the fee criteria attached which included the revisions suggested by the Council. The Traffic Fee Ordinance will go into effect on April 14, 1994. It was moved by Councilmember Bowman and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, establishing traffic improvement fees. RESOLUTION NO. 4297 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF CYPRESS ESTABLISHING OR MODIFYING TRAFFIC IMPROVEMENT FEES FOR DEVELOPERS WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCllMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCllMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 9262 - 9493: It was moved by Councilmember Age and seconded by Councilmember Nicholson to approve the Warrants No. 9262 through 9493 in the amount of $1,462,868.17. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCllMEMBERS: None o COUNCllMEMBERS: None RECESS: Mayor Partin recessed the meeting at 10:36 p.m. to allow the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 10:S0 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Partin adjourned the meeting at 10:50 p.m. ~F~ MAYOR OF THE CITY OF CYPRESS ATTEST: CI 11