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Minutes 94-11-14 /I~ /,,/// , 267 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 14, 1994 The Regular Meeting of the cypress City Council was called to order at 5:40 p.m., Monday, November 14,1994, in the Council Chamber, 5275 orange Avenue, cypress, Mayor Partin presiding. PRESENT: ABSENT: Councilmembers Age, Bowman, Kerry, Nicholson and Partin None Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Chrlstoffels, Decarlo, Eynon and storey. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. CONSIDERATION OF AWARD OF CONTRACT AND APPROPRIATION OF ADDITIONAL FUNDS FOR THE REPAIR AND RESURFACING OF THE CYPRESS POLICE PARKING STRUCTURE, PUBLIC WORKS PROJECT NO. 9246: The PUblic Works Director presented the staff report dated october 24,1994, which described the four bids received for the repair and resealing of the entire upper deck of the Cypress Police parking structure. It was moved by Councilmember Nicholson and seconded by Councilmember Age to: 1) Find the lowest responsible bidder to be APproved Firestop Applicators Inc., and award a contract for Public Works Project No. 9246 in the amount of $29,768.20 (award amount of $27,062.00 plus ten percent contingency) to Approved Firestop APplicators Inc., 9726 Burnet Avenue, sepulveda, CA 91343; and 2) Authorize an appropriation of $14,000.00 to Account No. 4186-11-443-24 for the repair and resurfacing of the police parking structure from the unreserved fund balance of the General Fund. The motion unanimously carried by the fOllowing rOil call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, NichOlson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT OF A TWO (2) YEAR CONTRACT FOR DELIVERY OF PROPANE FUEL. REQUEST FOR QUOTATION NO. 9495-4: The staff report dated October 26, 1994 was summarized by the Finance Director who advised that six bids were received in the office of the PurChasing Officer for a two year contract for the delivery of propane fuel. It was moved by Council member Age and seconded by Council member Bowman to accept the bid received from Mutual Propane, 17117 S. Broadway, Gardena, CA 90248- 3191, as the lowest responsible bidder and award a two year contract for the delivery of propane fuel at $.54 per gallon with a refinery increase clause. 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 AWARD OF CONTRACT FOR POLICE VEHICLES: The City Manager presented the staff report dated November 7, 1994, which indicated that two police black and white units are scheduled for replacement and one unit to be added in the current Capital outlay budget. The City Council had approved the purchase of the three units during the 1994/1995 fiscal budget process. The Police Department requested the authorization to purchase the three marked patrol units and a budget increase of S7,032. It was moved by Councilmember Nicholson and seconded by Council member Age to: 1) Determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-9F; 1 268 - CITY COUNCIL MINUTES November14,1994 2) Authorize the purchase of three police package vehicles from Wondries Chevrolet, 1247 West Main street, Alhambra, CA 91801, in an amount not to exceed $58,547.04; 3) Appropriate $7,032 from Account Number 4377-90-659-39 from the Central Services fund balance; and 4) Authorize the conversion of two replacement patrol vehicles and the equipping of the added patrol vehicle at HI Standard Automotive, 2299 South Grand, Santa Ana, CA 92705, in an amount not to exceed $5,544.30. 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 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. Councllmember Bowman asked that Item No. 17, Consideration of Rescinding prior Council Action on the Police Records supervisor Position be removed. Council member Kerry requested that Item NO. 14, Consideration of Request for an Appropriation From the Fund Balance of the General Fund for underground utility Notification services, be pulled. It was moved by Councllmember Nicholson and seconded by Council member Kerry to approve the Consent Calendar Items NO.4 through 24, with the exception of Items NO. 14 and 17. 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.4: Motion to Approve City Council Minutes of October 11,1994. Recommendation: That the City Council approve the Minutes of the regular meeting of October 11, 1994 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 proclaiming December 1,1994, as "AIDS Day" in the City of cypress. Recommendation: That the Mayor and City Council officially proclaim December 1,1994, as "AIDS Day" In the City of cypress. Item NO.7: Consideration of proclaiming November 20 - 27,1994, as "Bible Week." Recommendation: That the Mayor and City Council officially proclaim November 20 - 27, 1994, as "Bible Week" in the City of cypress. Item NO.8: Consideration of proclaiming December 1994, as "Drunk and DrUgged Driving Prevention Month." Recommendation: That the Mayor and City Council officially proclaim December 1994, as "Drunk and Drugged Driving Prevention Month" In the City of cypress. Item NO.9: Consideration of proclaiming November 24, 1994, as "Remembrance Thanksgiving 1994." Recommendation: That the Mayor and City Council officially proclaim November 24, 1994, as "Remembrance Thanksgiving 1994" In the City of cypress. 2 ;1- /4,..:; 269 CITY COUNCIL MINUTES November 14, 1994 Item No. 10: consideration of an Application for Alcoholic Beverage License Transfer Flied by Vicente Arnoldo and Maria De La Luz Amaya, D.B.A. Oasis Mini Market, 9175 valley view street, cypress. Recommendation: Receive and file. Item No. 11: Consideration of Acceptance of Parcel Map NO. 94-132 (6300 Katelia Avenue and 11100 Hope streetl. Recommendation: That the City Council Approve Final Parcel Map No. 94-132 and authorize the City Clerk to sign the record map. Item No. 12: Consideration of Acceptance and Assessment for Abatement of Seasonal and Recurring Weeds for Phase I of the 1994/95 program. Recommendation: That the City CounCil: 1) Accept the work of weed and rubbish abatement as being satisfactorily completed In accordance with the specifications for the work; 2) Adopt the resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessment as a lien on the parcels listed on Exhibit "A"; and 3) Approve the contract cost with Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, CA 92647, in the amount of $7,224.73. RESOLUTION NO. 4401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 13: Consideration of Resolutions Requesting the orange county Transportation Authority and the Board of supervisors to Include various street and signal projects Within the Orange County Combined Transportation Funding program. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, requesting the orange county Transportation Authority and the Board of Supervisors to include within the orange County Combined Transportation Funding program the following projects: Lincoln Avenue Design/Construction of street Improvements from Bloomfield Street to Brookhurst Avenue; and Knott Street at Cerritos Avenue Traffic signal Improvement. RESOLUTION NO. 4402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF THE LINCOLN AVENUE DESIGN/CONSTRUCTION OF STREET IMPROVEMENTS FROM BLOOMFIELD STREET TO BROOKHURST AVENUE PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. RESOLUTION NO. 4403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE SUBMITTAL OF THE KNOTT STREET AT CERRITOS AVENUE TRAFFIC SIGNAL IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. Item No. 15: Consideration of Employment Lists for Assistant City Engineer and public Works construction Inspector. Recommendation: Receive and file. Item NO. 16: 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) and Police Management Association (PMA). 3 270 CITY COUNCIL MINUTES November 14,1994 RESOLUTION NO. 4404 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 NO. 4405 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. Item No. 18: Consideration of Claim Filed by Mae G. Perez. Recommendation: Receive and file. Item No. 19: Consideration of Resolution Recognizing the Community Service and support Efforts of Mitsubishi Motor sales of America. Recommendation: That the City Council adopt the Resolution by title only, title as follows, recognizing the community service and support efforts of Mitsubishi Motor Sales of America. RESOLUTION NO. 4406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE COMMUNITY SERVICE AND SUPPORT EFFORTS OF MITSUBISHI MOTOR SALES OF AMERICA. Item No. 20: Consideration of an Appropriation Request for an Office Worker <Temporary/part-time) for the Public Works Department. Recommendation: That the City Council: 1) Authorize the addition of an Office Worker (temporary/part-time) position, not to exceed 1,000 hours In the Public Works Department for the fiscal year 1994-95; and 2) Authorize the transfer of $5,000 from full time salaries in the Engineering Division ($2,500 from Account NO. 4001-11-260-07 and $2,500 from Account NO. 4001-11-263-07) to part-time salaries <Account NO. 4021-11-201- 07l. Item No. 21: Consideration of Acceptance of Final Tract Map NO. 14976 (4921 - 4931 orange Avenuel. Recommendation: That the City Council approve Final Tract Map NO. 14976 and accept the bond for public improvements In the amount of $11,000.00 which is 100% of the total improvements and authorize the City Clerk to sign the record map. Item No. 22: Consideration of Establishing the Class Specification and compensation for Recreation Coordinator, PlaygroundslYouth Sports/Day camp. Recommendation: That the City Council and acting as the ex-officio Board of Directors of the cypress Recreation and park District: 1) Adopt the Resolution by title onlY, title as follows, establishing the class specification and compensation for Recreation Coordinator, PlaygroundslYouth sports/Day Camp; and 2) Approve the job specification for said position. RESOLUTION NO. 4407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 3574, BY ADDING A CLASS SPECIFICATION FOR RECREATION COORDINATOR, PLAYGROUNDSlYOUTH SPORTS/DAY CAMP TO THE POSITION CLASSIFICATION PLAN AND ESTABLISHING COMPENSATION FOR EMPLOYEES IN THE SERVICE OF THE CITY OF CYPRESS. 4 /1. . '/ #- " '-JI' J 271 CITY COUNCIL MINUTES Novernber14,1994 Item No. 23: Consideration of proclaiming November 20 - 26, 1994, as "cypress Family Week" and Adoption of Resolution Recognizing the Smith Family as the 1994 cypress Family of the Year. Recommendation: That the Mayor and City Council Officially proclaim November 20 - 26, 1994, as "cypress Family Week" and adopt the Resolution by title only, title as follows, recognizing the Brad and Robin Smith Family as the 1994 cypress Family of the Year. RESOLUTION NO. 4408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE SMITH FAMILY AS THE 1994 CYPRESS FAMILY OF THE YEAR. Recreation & park District Matters: Item No. 24: Consideration of Boys and Girls Club of cypress' Use Of the Arnold/cypress Park Building. Recommendation: That the City council, acting as the ex-officio governing Board of Directors of the cypress Recreation and park District, approve the request from the cypress Boys and Girls Club for use of Arnold/cypress Park for a summer drop-in program on a one-year basis. END OF CONSENT CALENDAR Regarding Item No. 14, Appropriation for underground Utility Notification services, Council member Kerry asked the cost of the service per year and why the request now. The Public Works Director responded that the service was approximately $1700 to $1800 per year and he had missed this item during the budget process. A subscription to the service would provide recourse against a contractor If any sewers are damaged. It was moved by Council member Kerry and seconded by Council member Nicholson to approve an appropriation of $1,500 from the Unrestricted Fund Balance of the General Fund to Account NO. 4189-11-260-07 to provide for underground utility notification services. 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 Item No. 17, Rescinding Prior Council Action on the Police Records supervisor Position, Councilmember Bowman asked if this position was used to reduce expenses or not. The Personnel Director responded that this position was to be combined with another and after review and discussion, there was no agreement with the employee to accept the new position. The Finance Director explained that the Records Supervisor position was In the budget. The position eliminated was the Communications Supervisor and it was planned to combine the Record and Communications supervisor positions at a higher level. The primary reason for bringing this item back to Council was to advise that the reclassification didn't occur. It was moved by Councilmember Bowman and seconded Councilmember Nicholson to formally rescind the elimination of the Police Records Supervisor position, effective July 1, 1994. 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): It was moved by Councilmember Nicholson and seconded by Councilmember Kerry to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance amending the PC Planned community commercial/light Industrial Zone NO.3. ORDINANCE NO. 929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE PC PLANNED COMMUNITY COMMERCIAL/LIGHT INDUSTRIAL ZONE NO.3 FOR THE 71.23 GROSS ACRES LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW STREET AND KATELLA AVENUE. 5 /' 272 c CITY COUNCIL MINUTES Novernber14,1994 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 Bowman and seconded by Councilmember Kerry to order the fOllOwing Ordinance read by title only, title as fOllOWS, and to adopt the ordinance amending sections 16.73 and 16-73.1 of the Code relating to Overnight Parking of Oversized Vehicles. ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTIONS 16-73 AND 16-73.1 OF THE CODE OF THE CITY OF CYPRESS, RELATING TO OVERNIGHT PARKING OF OVERSIZED VEHICLES. 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 allow the Council to enter Into a Closed session to discuss those Items listed on the Agenda of liability Claims (Government Code section 54956.95l McEvoy vs. City of cypress and conference with labor negotiator (Government Code section 54957.6l. The meeting reconvened at 7:35 p.m. with all Councllmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Chrlstoffels, Decarlo, Eynon, Storey and Wicker. PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tem Joyce Nicholson. PRESENTATIONS: Mrs. Joan Edwards, Chair of the Family of the Year committee, spoke on the family and family values, the children's poster contest and Introduced members of the Family of the Year Committee. She then Introduced Family of the Year Brad and Robin Smith and their three children. Mayor Partin read and presented the Resolution recognizing the 1994 cypress Family of the Year. Mayor partin read and presented "A Day of Religious Dedication In the City of cypress" Proclamation to Helen Smith and Betty Riccardi of the cypress Area Ecumenical Coalition. Mayor Partin Invited police Chief Daryl Wicker to the podium. The Chief asked Ms. Lisa Dunn, Public Relations with Mltsublshl Motor sales of America to accept a resolution and plaque from the City of Cypress In honor and recognition of Mitsublshi Motors commitment to public safety. Mitsublshl Motors donated a new Eclipse to the cypress police Department to display during the Drug Abuse Resistance Education Programs. Mayor Partin then presented Ms. Dunn with the resolution and plaque, the Chief giving a D.A.R.E. T-shirt to Ms. Dunn. Chief Wicker accepted a donation In the amount of $500 from Mr. Bob Perry of the Southern California Gas company for the cypress D.A.R.E. The Chief also acknowledged monetary gifts In the amount of $500 each from the American Youth Soccer organization and the Dickerson Elementary School P.T.A. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Mayor Partin made introductory remarks about the Shaw Warehouse Issue, limiting communications to two minutes each and five speakers. There would be no discussion between the Council, staff or the City Attorney. Mr. David conde, 11301 Anegada, street, cypress, extended congratulations to the newly- elected Councllmembers and encouraged the citizens to participate in the governmental process. 6 ; - '7'/7 273 CITY COUNCIL MINUTES November 14, 1994 Mr. Mike Oritchen, 11619 Malden street, cypress, added his congratulations to the new Councllmembers. He made a formal request that the City Council have an item on the next Agenda to discuss and hear testimony on the formation of a Planning Commission for the City of cypress. Mr. Don wesllng, 11431 Anegada street, Cypress, stated that he believed there needed to be an amendment to the City Charter pertaining to neighbors being advised on any development so they can make their objections known. Ms. Kathy Simcox, 6143 Trinidad Avenue, cypress, spOke on a recent News-Enterprise article and presented that article, along with her comments. She said they have formed "Concerned Citizens for Sensible Development in cypress". She would like the opportunity to respond to the articles in the local newspaper. Mr. Brian Black, 11382 Anegada street, Cypress, spoke on the removal by City maintenance workers of their signs posted in front of residences and on walkways. City Council Candidate signs were not removed even though they were illegally placed. He quoted the Public Works Director as stating that the City Council Candidates were granted a grace period to remove their signs and he wanted an explanation from the City for this action. He asked that the City Council look into the matter and explain why City maintenance crews are being used in inappropriate and wasteful manner. Mr. Johnnie Perkins, 9219 Esther street, cypress, addressed the concern of political graffiti. He suggested that a bond be posted by the candidates and if the City has to take down any signs illegally posted, charge it against that bond. He also suggested that there be an ordinance setting the spacing of political signs. Mr. Tom carroll, 5832 wellson Drive, cypress, commented that when a person is running for civic office, the name has to be recognized. He believed the 45 days that Signs were posted was well worth It and he didn't believe it was a serious impediment to the beauty of cypress. Council member Age stated she believed the question was the legality of the posting of the Signs and there is a sign ordinance. The City Manager summarized the actions taken by the City Council during the 5:30 p.m. portion of the November 14, 1994 Agenda. The City Attorney reviewed discussions held during the Closed Session on the liability Claim issue of Brian MCEvOY and the conference with the labor negotiator inVOlving three separate cypress Employees' Associations. He announced that the claims issue was settled for the amount of $49.95. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94- 16 AND VARIANCE NO. 94-6. SIX (6) DETACHED CONDOMINIUMS. 5592 CRESCENT AVENUE: Mayor partin opened the public hearing. The staff report dated November 2, 1994, made a request to continue this item. It was moved by Council member Nicholson and seconded by Council member Age to continue this Item to the City Council meeting of December 12, 1994. 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: APPLICATION FOR SPECIAL PERMIT - SECONDHAND BUSINESS. BROWN MERCHANDISING. 4460 LINCOLN AVENUE. SUITE 1A. CYPRESS: The publiC hearing was opened by Mayor Partin. The City Manager presented the staff report dated November 8, 1994, to which was attached an application for a special permit to allow the conduct of a secondhand business for the sale of used home and office items at Brown Merchandising, 4460 Lincoln Avenue, Suite 1A, cypress. 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 special Permit application. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the cypress City and a copy of that report is attached also. In accordance with Section 15-62 of the Cypress City Code, the City council, having received the report from the Chief of Police 7 274 CITY COUNCIL MINUTES Novernber14, 1994 and conducting a Public Hearing, Is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business Is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or Integrity. At the request of the Mayor, the City Manager explained that any secondhand business for the resale of used products is required by the City Code to have a public hearing with an application submitted. Mr. Christopher Brown, the applicant, advised Council that he would be buying used items at auction for sale in his store. He would not be purchasing any items over-the- counter. The City Manager added that the applicant will be required to obtain a secondhand dealers license from the State of California also. No one wished to speak in support of or in opposition to the application. It was moved by Councllmember Bowman and seconded by Councilmember Age to close the public hearing and conditionally approve the permit. 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: CONDITIONAL USE PERMIT NO. 94-19, DRIVE-THROUGH CARWASH FOR EXISTING SHELL SERVICE STATION. 6001 ORANGE AVENUE: The Mayor opened the public hearing. The City Manager asked the Planning Director to summarize the staff report dated November 4,1994, which represented a request to construct an automated, drive-through carwash for the existing Shell service station located at 6001 orange Avenue. Mr. Ed Drain, owner of the apartment building northeast of the site, came in and reviewed the plans with a particular concern about one second story unit which faces directly across the alley from the carwash building. He was concerned that the proposed eight foot wall may not mitigate the noise from the second story unit. According to the requirements of the California Environmental Quality Act, a Finding of de MinimiS Impact and a Mitigated Negative Declaration will be filed for this project. The applicant proposed to offer customers the convenience of a self-serve, automated drive-through carwash, operated from 7 a.m. to 10 p.m., seven days per week. In order to alleviate potential noise impacts on surrounding properties, the applicant commissioned a noise stUdY for use In designing the project. The noise analysis concluded that the operation of the carwash may exceed the City's maximum permitted noise levels at the north property line, adjacent to the apartments. Staff reviewed the report; however, since City staff does not have the technical expertise to verify the findings of the analysis, the City will require a separate review of the applicant's stUdy by a City retained consultant. If the City's consultant does not concur with the applicant's noise studY, the City may require a second noise stUdy. Staff recommended that the proposed identification sign not be approved as part of this conditional use permit and that any new business identification must be a monument sign to be reviewed and approved by the Design Review Committee under a separate application. Mr. Timothy Virus, architect/consultant for Shell Oil company, Tait & Associates, Inc., 1100 Town & country Road, Suite 1200, orange, stated they are very familiar with this process and the impacts that arise, which is one reason why they had already performed the acoustical analysis. He had no disagreements or arguments with the staff report, except that of the business identification sign. He asked that they be allowed to have what their ordinance allows them to have, which is the pole sign. Responding to questions from the Council, Mr. Virus explained how the drive-through carwash operated. Mayor partin asked if anyone wished to speak In support of the request. NO one spoke. The Mayor then asked if anyone wished to speak in opposition to the project. Mr. Ed Drain, no address given, stated he was concerned about the noise generation. He owns three of the 27 buildings In the apartment complex north of the Shell station. He 8 L__.._ ~/ - Le' /'/ 27S CITY COUNCIL MINUTES Novernber14, 1994 provided the Council with some photos of the buildings and an aerial view of the corner and the direct line between the proposed car wash and the second floor of the apartment building. He requested that the proposal be denied summarily. Mr. Virus remarked that he felt the concerns were addressed by their noise study and will be upheld by the City's review of that study. They will make every effort possible within economic reason to mitigate any concerns and problems that may arise. Councilmember Bowman asked the applicant if he would agree to a continuance while a consultant evaluated the noise study. The applicant agreed. Councilmember Age asked the City Attorney If Council could approve the application with the understanding that the noise study be accepted. The City Attorney replied In the affirmative and they had language available for the contingency. The applicant stated that they had considered many different configurations. Councilmember Kerry expressed concern about the carwash being located so close to residences. It was moved by Council member Bowman and seconded by Council member Nicholson to continue the public hearing to the meeting of November 28, 1994. Council member Age advised that she will agree but she was not pleased with it because she felt the Item could have been conditioned and approved subject to the conditions. Councilmember Nicholson concurred. 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 Regarding signage on the project, Council member Age advised the applicant that she wished to stay within the confines of the sign ordinance and she will not change her vote on that issue. RECESS: Mayor Partin recessed the meeting at 8:55 p.m. and reconvened at 9:05 p.m. with all Council members present. CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 94-7, SATELLITE DISH, 9887 RAVARI DRIVE: The public hearing was opened by Mayor Partin. The City Manager asked the Planning Director to present the staff report dated October 24,1994, which represented a request to allow a satellite dish which does not comply with the standards for satellite dishes in residential zones on the property located at 9887 Ravarl Drive. In accordance with the California Environmental Quality Act, this project has been determined to be categorically exempt Class 3. The applicant is requesting a variance from Section 13.4- 3.G. of the cypress Zoning Code to allow a roof-mounted satellite dish to remain in Its current location in the rear yard of his property. The applicant has submitted a letter from the installer stating that the existing location of the antenna is the only place which would enable the satellite to receive reception from satellites located within the North American Satellite network. Notices of the publiC hearing were posted, published and mailed to all property owners within 300 feet of the subject property. To date, staff has not received any communication regarding this proposal. The Planning Director advised the Council that the CC&RS for Sorrento Homes include two sections that are pertinent to this issue. The project planner, Doug Hawkins, said that this is not the only satellite dish and there are reports that there are another five or six on the same street. The applicant, Mr. Randolph Tyler, 9887 Ravari Drive, cypress, said that he could not answer the technical questions. The installer told him that the dish had to be placed where it Is because of the neighbor's roof. Mayor partin asked if anyone wished to speak In support of the application. Mr. Krueger, a neighbor across the street, advised that he had no objection to the satellite dish and he has a dish with a permit issued by the City of Cypress. Mr. craig Hanson, another neighbor, asked the Council to consider approval so a wide variety of programs could be seen. 9 I. - 1 276 CITY COUNCIL MINUTES November 14,1994 The Mayor asked if anyone wanted to speak in opposition of the application. No one did. It was moved by Council member Kerry and seconded by Council member Nicholson to close the public hearing and adopt the Resolution by title only, title as follows approving Variance No. 94-7, subject to conditions. RESOLUTION NO. 4409 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 ROOF MOUNTED SATELLITE DISH TO REMAIN IN ITS CURRENT LOCATION AT 9887 RAVARI DRIVE - VARIANCE NO. 94-7. 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: CONDITIONAL USE PERMIT NO. 94-21. BINGO GAME OPERATIONS. INCLUDING ADMINISTRATIVE OFFICE FUNCTIONS, 6165-6177 BALL ROAD: Mayor Partin declared the public hearing open. The City Manager asked the Planning Director to review the staff report dated November 9, 1994. The Planning Director, at this time, added Condition No. 23A. "The use as stated is classified as an A-3 occupancy in accordance with the 1991 Uniform Building Code. If at any time the total occupant load exceeds 299 people, the occupancy classification will change to an A-21 occupancy. All applicable code provisions shall be complied with and a new certificate of occupancy shall be issued after all provisions are met." She continued with the report, advising that the application represented a request to conduct bingo game operations, in addition to administrative office functions, within an existing commercial lease space. In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration and a de Minimis Impact Finding have been prepared for this project. The application for the proposed Bingo use included bingo game operations up to five nights per week between the hours of 4:00 p.m. and 12:00 midnight. The number of seats proposed for the bingo game is 170. The issues of land use compatibility, parking and circulation, and security and noise were addressed in the report. The most Significant issues that needed to be identified were the parking concerns because bingo would require more spaces than originally allocated for the Shopping center. An in- house parking studY was conducted, attached and summarized in the report. parking mitigation measures were included In the conditions of approval. Notices of this public hearing were posted, published and mailed to all owners of properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. In addition the applicant mailed invitations to neighboring residents and business owners of the Cinnamon square Shopping Center to attend two (2l meetings to discuss the proposed Bingo use, but no one attended either of the meetings. Mr. Nicholas Eighmy, President of the Cypress High School Athletic Booster Club, P.O. BOX 2004, cypress, urged the Council to grant this conditional use permit. The proposed site is perfect for a bingo hall, with a separate non-smoking room. He said that parking was the biggest concern and he felt that, with the help of the Planning staff, that has been resolved. He remarked that they do have an agreement with the church that they can use their parking spaces. After a question and answer period, Mayor Partin asked if anyone wished to speak in support of the application. Mr. Dave Kennedy, President of the cypress High School Band Boosters, said that he appreciated Council's consideration of this proposal in furthering programs for cypress youth and would appreciate the Council's affirmative vote. MS. Elizabeth Novack, principal of Cypress High school, expressed her support of the Booster Clubs and thanked the parents for their support. The Booster Clubs augment the high school programs and without them, many of the programs conducted for the benefit of students and the community would not take place. It was moved by Councilmember Bowman and seconded by Councllmember Nicholson to close the publiC hearing, adopt a finding of de Minimis Impact, approve the Mitigated 10 //- / i_/ Iii 277 CITY COUNCIL MINUTES November 14, 1994 Negative Declaration, adopt the Mitigation Measures, direct staff to file a Notice of Determination and de Minimis Impact Exemption; and adopt the Resolution by title only, title as fOllOWS, approving Conditional Use Permit No. 94-21, for a trial period of one year, subject to the conditions In Exhibit "A". RESOLUTION NO. 4410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-21 - WITH CONDITIONS. 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 Council member Kerry congratulated the members of the Booster Club for all their time, dedication and work for the students. RECESS: Mayor Partin recessed the meeting at 9:55 p.m. and reconvened at 10:05 p.m., with all Councilmembers present. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94-22, CONSTRUCTION OF A NINE (9) UNIT CONDOMINIUM PROJECT, 6172 ORANGE AVENUE: The Mayor opened the public hearing. The Planning Director, at the request of the City Manager, summarized the staff report dated september 27, 1994, which referenced an application to construct a nine unit condominium project at 6172 Orange Avenue. In accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Pursuant to the Department of Fish and Game requirements, this project has been reviewed for potential impacts to wildlife habitat. It has been determined that no negative impacts will result from this project, therefore, a Statement of de Minimis Impact will be filed. A description of the property and surrounding land uses was given. A communication was received today from Mr. Balusu, 6149 Ronald Drive, cypress, who inquired if the project had been changed from the previOUS approval under Conditional Use Permit No. 93-7. His concern was the potential impacts on the privacy of his property. upon the expiration of this permit in August, the applicant has chosen to re- apply for a new permit and the proposed development had not been altered in any manner from the original proposal. Notices of the public hearing were mailed to residents within 300 feet of the subject property and to date, staff has not received comment regarding the proposed project. Council member Kerry referred to Condition NO.8 and wanted to be assured that there will be enclosed garages and not carports. The Planning Director suggested that, as part of the approval, enter into the record Condition NO.8 be changed to reflect "enclosed garage" instead of "carport." Mr. Nick wang, representing JY Design & Planning, 2457 country Club Drive, GlendOra, assured the Council that the project had not changed from the previOUS approval. The Mayor asked if anyone wished to speak in support of or in opposition to the project. Mr. Balusu, 6149 Ronald Drive, cypress, and his Ronald Drive neighbor, had some questions on the project and referred to Condition NO.4 and the possible removal of a block wall. They did not want the rear block wall removed because there is a gradient difference. The second issue was that plans show two windows overlooking their property and a setback being used as play area. He asked that landscaping be carefully thought out to provide more privacy. The applicant stated that a landscape architect has been retained for the job who had done landscaping for other cities. The Planning Director advised of some methods of dealing with the issues: the bedroom window that faces the rear is not necessary and a landscape buffer could be required that provides a wall of vegetation. She emphasized that the buffer would not be provided the first year. No one wished to speak further on this item. 11 / / / 278 ~ CITY COUNCIL MINUTES Novennber14,1994 It was moved by Councilmember Bowman and seconded by Councilmember Nicholson to close the public hearing, adopt a finding of de Minimis Impact, approve the Negative Declaration, direct staff to file a Notice of Determination and de Minimis Impact Exemption and adopt the Resolution by title only, title as fOllOWS, approving Conditional Use Permit No. 94-22, subject to conditions, including the incorporation of the requirement of a landscaping screen along the rear of the property and "The master bedroom window number 1 for Plan C, shall be raised In height to obscure view on adjacent properties." RESOLUTION NO. 4411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 94-22 - WITH CONDITIONS. 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 Actinq as the CVoress Redevelooment Aqencv: CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: IMPLEMENTATION PLAN FOR REDEVELOPMENT PROJECT AREAS: AMENDED CIVIC CENTER. LINCOLN AVENUE AND LOS ALAMITOS RACE TRACK AND GOLF COURSE: Agency Chairman Partin opened the hearing. The Deputy Executive Director summarized the combined staff and consultant report dated November 1,1994 on the cypress Redevelopment Agency's Five Year Implementation Plan. AB 1290 redevelopment reform legislation required all agencies to adopt, prior to December 31,1994, a five year Implementation plan that described all of the agency's goals and objectives, programs and expenditures and link them to the alleviation of blighting conditions in the project areas. Review of this Plan will be required no earlier than two years and no later than three years during the five year period. MS. Jennifer Thornberry, GRC consultant, advised that the proposed implementation plan reflected consistency with AB 1290 and it also indicates the City'S housing prOduction requirements over the next ten years, replacement housing requirements and the need to spend the low and moderate income dollars within a certain period of time. The plan is consistent with the General Plan and HOusing Element as they are today. The City Attorney advised that In addition to the implementation plan, there is an interim public hearing that has to be done not less than two years but no more than three years to make sure that there is a monitoring program to assure that the implementation plan is actually being done. Agency Member Bowman said that he wanted to establish the City'S ability to substitute and amend the Civic Center Redevelopment Project Area, sub-Area "A." The City Attorney commented that the inclusionary housing plan, can be done in the aggregate so it doesn't have to be project-area specific. As long as the City meets the overall goals, substitutions can be made along the way as long as one source is eliminated because something is changed. Agency Member Bowman mentioned that D-9, the chart should be corrected to Cost per Unit "3 Bedroom, 2 Bath" should be "2 Bedroom, 2 Bath," 900 square feet. No one wished to speak in support or in opposition to the Plan. It was moved by Agency Member Bowman and seconded by Agency Member Kerry to close the pUblic hearing and adopt the Resolution by title only, title as follows, adopting an Implementation Plan. CRA NO. 78 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN IMPLEMENTATION PLAN FOR ITS AMENDED CIVIC CENTER PROJECT AREA, LINCOLN AVENUE PROJECT AREA, AND THE LOS ALAMITOS RACE TRACK AND GOLF COURSE PROJECT AREA. The motion unanimously carried by the fOllowing roll call vote: 12 // ILl!,.: 279 CITY COUNCIL MINUTE$ November 14,1994 AYES: NOES: ABSENT: 5 AGENCY MEMBERS: Age, Bowman, Kerry, Nicholson and Partin o AGENCY MEMBERS: None o AGENCY MEMBERS: None ActlnQ as the cvoress City Council: Mayor partin, hearing no objection, deferred Item NO. 34, Continuation of Consideration of Request for an Extension of Conditional use Permit No. 93-15, 124 Unit Senior Apartment Community, 9021 Grlndlay Street. CONSIDERATION OF REQUEST FOR DONATION TO STRAIGHT TALK. INC.: The City Manager stated that he had received a communication from the Executive Director of straight Talk, requesting the City Council provide a $25,000 donation to support the services of Straight Talk. This request Is being made as a result of the change in the business license structure for swap meets that appears to have increased the license to straight Talk for their swap meet from approximately $2,500 to an estimated $25,000. The Council did discuss the possibility of adopting a reimbursement program to offset these increases. Mr. Bruce Robbins, Executive Director, advised that the increase in business license tax structure is placing an enormous strain on their limited cash flow and ability to maintain current services. Councllmember Age said she didn't mind reimbursing straight Talk a portion of the business license fee, and possibly it could be made once a year, during the budget, to review what has been collected. Councilmember Nicholson asked if any reimbursement could be done on a quarterly basis. The City Manager advised that Council has the flexibility to reimburse as they see fit and direct staff In that fashion. Council member Age clarified that the City, in the past, donated $25,000 to straight Talk, which had been cut back over the years. So actuallY this would be a reimbursement of the sales tax in the program that Council implemented. She concurred with the suggestion on quarterly reimbursement. Councilmember Bowman suggested that it be calculated on the base tax that was in effect previously and the amount in excess be paid back on a quarterly basis. The Finance Director clarified that, under the old system, the business license tax was a set rate for the number of days and on a quarterly basis, that would be $520. It was moved by Councilmember Nicholson and seconded by Council member Age to reimburse straight Talk, Inc., on a quarterly basis, the amount over $520. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Bowman, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry Councilmember Kerry stated that she abstained from the vote because she had done work for Straight Talk. CONTINUATION OF CATV COMMISSION RECOMMENDATION TO DEVELOP AN INTEREST SURVEY FOR CATV SUBSCRIBERS: The City Manager asked the Personnel Director to present the staff report dated November 7, 1994, which Indicated that there had been previous discussion by the Council with the direction to staff to return with cost estimates and various survey methods to determine the interest In PEG programming. The CATV Commission had recommended that a mail survey be conducted at a cost of approximately $5,000. An alternative would be to have a telephone survey performed by a survey company costing between $12,000 to $15,000. Responding to Council member Age on piggybacking this survey with the copley/colony survey, the Personnel Director replied that colony will probably not be sending their survey out until the middle of 1995. 13 280 I - CITY COUNCIL MINUTES November 14,1994 After additional discussion, the Finance Director explained the disposition of the franchise fee received from Copley/colony. After considerable discussion, It was moved by Council member Kerry to return the matter to the Commission, let them make the decision on the most desirable programs for the two channels and then return to Council. Mayor Partin favored the mail survey because the franchise fee more than covers the cost. Council member Kerry's motion failed for the lack of a second. It was moved by Councilmember Kerry and seconded by Councilmember Age to place C- SPAN II and the Titan Channel on the two vacant PEG channels. The City Manager suggested that on the next copley/Colony survey, the CATV Commission ask that their PEG survey be included. Council member Kerry amended her motion to include a request to Copley/colony to allow the City to include the PEG survey. Councilmember Age agreed to amend her second. 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 REQUEST FOR AN EXTENSION OF CONDITIONAL USE PERMIT NO. 93-15. 124 UNIT SENIOR APARTMENT COMMUNITY. 9021 GRINDLAY STREET: The Planning Director reviewed the staff report dated November 3, 1994, which advised that on October 11,1994, the City Council received a request by the applicant for a six month extension of the SUbject permit for the construction of a 124 unit senior apartment community at 9021 Grindlay Street. The Council also considered a modification of Condition No. 35 regarding the Density Bonus Agreement which required a certain number of units to be targeted to specific income groups and rented at affordable housing costs. The City Attorney and staff are researching applicable provisions of State law for a complete response. If low income units can be counted as moderate income units, they will be and if not, allow staff to enter into a covenant to use those units as replacement units. Councilmember Bowman said he had no problem with the extension and considering the low as moderate, but he did not think the City should give up the three low income units under any condition. Responding to Council member Kerry'S question on the developer Signing an agreement for three units at moderate, Ms. Thornberry answered that the developer was adamant that he would have to go back to his lenders to get three more units that would have long-term covenants. He had no problem eXChanging three low income units for moderate income units. The City Attorney advised that if the City doesn't have the three moderate units, they cannot spend redevelopment money. After considerable discussion, the Planning Director requested some direction from the Council because they needed the three moderate income units by the end of the year. The City Attorney clarified that under replacement housing, the unit that is lost has to be replaced. Staff had made some alternative suggestions for the Council to consider and, after additional discussion, the Finance Director suggested approaChing the developer, taking some of the units that aren't restricted and restricting them to moderate and agree that if the market rate, within the time of the agreement, grows beyond moderate, the City would subsidize the developer for the difference. Due to the lateness of the hour, it was moved by council member Kerry and seconded by Council member Nicholson to continue the Council meeting past 11:30 p.m. 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 Bowman and seconded by Council member Nicholson to approach the developer, to take three of the units that aren't restricted and restrict 14 CITY COUNCIL MINUTES - /4:/'5 281 Novernber14,1994 them to moderate and agree that If the market rate, within the time of the agreement, grows beyond moderate, the City would subsidize the developer for the difference and any extension Of Conditional use Permit No. 93-15 be contingent upon agreement to the plan. 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 FEDERAL HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - 21ST YEAR: The City Manager summarized the staff report dated October 27,1994, which advised that the City has participated in the Federal Community Development Block Grant (CDBGl Program to obtain funds for community Improvements for the past 20 years. This year's proposed application Is similar to previous years In that funds for public facilities and Improvements and housing rehabilitation are being sought. Responding to council member Kerry's question on the multi-purpose room at Arnold/cypress park, the Director of Recreation & Parks replied that this project is being phased so some of the work can be accomplished within the next year or two. It was moved by Council member Kerry and seconded by Councilmember Age to adopt the Resolution by title only, title as follows, approving the City's participation in the 21st Year Housing and community Development Block Grant Program with the county of orange and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. RESOLUTION NO. 4412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICPATION IN THE 21ST YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE. 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 TERMINATION APPEAL - CHRYSTEEN A. MASSEY, DISPATCHER II: The personnel Manager summarized the staff report dated November 7,1994, which indicated that the terminated employee'S attorney has submitted a written request for appeal to the termination action and requested an evidentiary hearing. It was moved by Councilmember Kerry and seconded by Councilmember Bowman to direct staff to designate a Hearing Officer and coordinate said appeal hearing of chrysteen A. Massey and return to the City Council with a recommendation for adoption. 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 APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 12126- 12609: It was moved by Councilmember Bowman and seconded by Councilmember Age to approve the warrants No. 12126 through 12609 in the amount of $1,901,275.26. 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 Recreation and Park District Matters: CONSIDERATION OF FACILITY USE RENTAL FEES INCREASE: The Recreation and Park Director presented the staff report dated November 4,1994, which advised that the Recreation and Committee Services Commission voted to recommend City Council approval of the proposed fee increases as recommended by staff, with the exception that the dollar 15 282 c CITY COUNCIL MINUTES Novernber14,1994 amounts be rounded up to the nearest five dollar figure. The special classification of Non-profit Gatherings has been introduced to bridge the categories of meetings and special events. It was moved by Councilmember Age and seconded by Council member Bowman that the City Council, acting as the ex-officio governing Board of Directors for the cypress Recreation and Park District, approve the proposed fee increases as recommended by the Recreation and Community Services Commission. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF A REQUEST FOR QUALIFICATIONS FOR AN ARTS PROGRAMMING & MARKETING STUDY AND A PRELIMINARY FINANCIAL FEASIBILITY & FUNDING STUDY FOR A MULTI-USE CULTURAL ARTS FACILITY: The Director of Recreation and Park District summarized the staff report dated November 4,1994 which asked for Council approval to allow staff to solicit Request for Qualifications for Professional Consultants to do an Arts programming and Marketing StUdy and a preliminary Financial Feasibility and Funding Study for a multi-use cultural arts facility. The results of these studies will firmly establish the need for an arts facility. Councilmember Age felt that a determination should first be made on any needed expansion of the Civic Center facilities. After additional discussion, Council member Bowman suggested considering a feasibility stUdY on Civic Center requirements prior to an Arts Programming and Marketing StUdY. It was moved by Council member Bowman and seconded by Council member Age to table this item. 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 12:05 a.m. to enable the City Council to act as the cypress Redevelopment Agency. The meeting reconvened at 12:07 a.m. with all Council members present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Council member Age referred to the suggestion made earlier about submitting a bond for the posting of political signs and she asked that it be placed on the November 28 Agenda. Council member Kerry suggested that all the aspects of political signage be discussed. ADJOURNMENT: Mayor partin adjourned the meeting at 12:08 a.m. ~~p~ MAYOR OF THE CITY OF CYPRESS ATTEST: dP~~ CITY-CLERK OF E CITY F CYPRESS 16