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Minutes 80-02-11MINUTES OF A REGUIAR MEETING OF THE CYPRESS CITY COUNCIL HEID February 11, 1980 The regular meeting of the Cypress City Council was called to order at 6:38 p.m. on Monday, February 11, 1980 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Howard Rowan presiding. PRESENT: ABSENT: Councilmembers Evans, Hudson, MacLain and Rowan Councilman Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Barrett, Davenport, DeCarlo, Duke, Lamm, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. James Duncan led the pledge to the flag. ORAL COMMUNICATIONS: The City Manager reported that several members of VFW Post 9847 were present to discuss their meeting facility and he requested that this matter be added to the agenda. Mr. Ken Stuart, 4551 Sharon Drive, La Palma, requested that Item #25 relating to item price marking be taken out of order. Mr. Don Kennedy, 5843 Holmby Court, Cypress, reported that neighbors are still experiencing problems witb noise at the Albertson's shopping center and he requested assistance from the Council to remedy the problems. Mr. Kennedy re- ported that trucks have not been rerouted and still enter from Valley View and create considerable noise in the early morning hours at about 6:00 a.m. He objected to being awakened by the truck noise. He reported trucks still use the area for staging, the sweeper has not changed his schedule and still sweeps early in the morning, and trash is still picked up early without regard for the resi- dents. Mr. Kennedy stated the noise problem is especially disturbing on tbe weekend. He indicated that there is a new manager of the Albertson's store. Following discussion of this matter, the Council directed the City Manager to contact the Albertson's store, and Chamber of Commerce, and advise them of the neighbors' problems, determine what changes have been made and whether there has been compliance with the Council's previous requests, and request this item on the agenda for the next meeting. Councilman Hudson stated that if the Council's requests have not been adhered to he would request reconsideration of the ord- inance pertaining to shopping center operations. Mr. Jerry Mullah, 4190 Elizabeth Court, Cypress, suggested that the City enforce the Noise Ordinance to resolve the noise problems. The City Attorney indicated that the Noise Ordinance does not apply to vehicular noise which is why the Council is attempting to solve the problem through other means. Mayor Rowan stated Item #25 would be taken out of order and he continued the following public hearings until after consideration of Item #25: CONTINUATION OF PUBLIC HEARING RE: MODIFICATION NO. 3 OF CONDITIONAL USE PERMIT NO. C-206, SUPERENE FEED SUPPLEMENTS, INC., 5421 PHILO STREET; PUBLIC HEARING RE: APPLICATION FOR A SPECIAL PERMIT - MR. JULIO C. AZEVEDO, DBA AZEVEDO'S FRESH FISH, 8622 CYPRESS STREET; PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 80-2 (RESUBMITTAL), LITTLEFIELD'S RESTAURANT, 6151 BALL ROAD. SECOND REJDING OF ORDINANCE RELATING TO ITEM PRICE MARKING ON PACKAGED CONSUMER COMMODITIES: The City Manager stated the Ordinance was on the agenda for the second reading. He reported that additional signatures were submitted for the petition presented to the Council at the January 28 meeting. He reported that a copy of the Ordinance was mailed to the representative from Vons Markets. City Ce~!nci~ Ylilmtes Fehruary ll, 1~ blt. Ken Stt~art, 4551 Sharon, La Palms, stated he supported the item price marking Ordinance whieh he felt was necessary to protect consumers. Joe Ilardcastle, 4588 Blanca Drive, Cypress, stated he did not object to item was moved by Councilman tD~dson and seconded by Councilwoman Evans to order t}~e following Ordinance read by title on]y, title as follows, and to adopt the ORDINANCE NO. 651 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF CYPRESS A!/DJNC SECTIONS 17-30, 17-31 AN/) 17-32 TO TIlE CYPRESS EITY CODE RELATiNC TO [TEM PRICE MARK[NC ON PACKAGED CONSUMER CO}~MODITIES. File motien unanimously carried by the following roll call w~te: AYES: 4 C()UNCILMEMBEPS: Evans, Hndson, MacLain & Rowan N/)ES: 0 COI~NCIL~]MBERS: None ABSE?~T: 1 (]OIfN C I h~D]MBE RS: l,acayo Mayor Rowan added Item #17a to the agenda regarding the VFW Post meeting location. The City Nanager reported that a tentative meeting between the Council and Cypress Boys Club was scheduled for March 3 at which time the Boys Club would make a prt,sentation including their plans for a gymnasium. Ee stated the matter regarding the VFW location was to have heen placed on the Council's agenda fol- lowing th* meeting with the Boys Club. Mr. Essex reported that staff is con- tinuing its study of all available public property and further that the Cypress Set,eel Bo~rd had recently agreed in concept to leasing the Cypress School to the City/l)istrict under a master lease, which may provide an alternative for the VFW. Mr. ,h0tm Kanel, 5502 Mi]dred Circle, Cypress, stated the VFW was under the im- pression that the Council would act on this matter at the February 11 meeting. tie reported that a VFW executive board member would like to meet with the City Manager t*~ study sites where the VFW may bring in a modular building for their use and u~e by other community groups. Mr. Kanel stated the VFW membership wished to clarify the erroneous impression that they are trying to take over th~ Boys' Club facility. Hr. Leo S[mon, Commander et American Lenten Post 295, 6055 Ball Road, Cypress, stated tt~eir membership unanimously voted to request the Counci] to assist the VFW in finding a post home. tie stated the Legion supports veterans groups as w(ll ,~ v)uth groups. Mr. Simon reported the VFW's only revenue source is t}/~ough c~lnnmnity support. C;,,un{ilman Hudson pointed out that the Council is faced with requests from many ,:~)rthwhi/t, community organizations and the City is financially incapable of .'ikLn~ I l;ld aw~ilable for ail these groups, and further there is a limited lrr(,tmt oi land that is available, tte stated the issues being considered by the fJf~tnc il a~o thc~ cost of government and to what extent the Clty can support such ;,r,,up . ['ht Council he]d further discussion on this matter with representatives rom the VFW and American hegion. The Council indicated that they would meet with thc, Boys Club and the City Manager would meet with the VFW representatives x! ter which this ~tem would be placed back on tbe agenda. itECESS: Mayor Rowan called a recess at 7:50 p.m. The meeting was called back order at 7:57 p.m. with Councilman l,acayo absent. E()N~INUAI[ON OE PUBLIC HEARING RE: MODIFICATION #3 TO CONDITIONAL USE PERMIT #C.-20(\t SUPERENE FEED SUPPLEb{ENTS, INC_., 5421 PIIILO STREET: The City Manager reported that the applicant submitted a letter dated February 5 requesting a continuance et the public hearing. Hearing no ob]ectLons, Hayer Rowan continued the public hearing to the February 25 meeting. -2- ~Council Minutes February 11, 1980 PUBLIC [iEARING RE: APPLICATION FOR A SPECIAL PERMIT - MR. JULIO C. AZEVEDO~ DBA AZE~gDO'S_ ,, , FRESH FISH~ 8622 C..REoS STREETm CYPRESS: The City Manager reported thJt th~ application was withdrawn by the applicant. The Council agreed to receive and file this matter. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-2 (RESUBMITTAL), LITTLEFIELD'S RESTAURANT~ 6151 BALL ROAD~ CY~P_R_E~%S: The Planning Director presented a report dated February 1 wbich indicated the proi)erty owner of Cinnamon Square Center bad reinstated bis authorization to process the application to allow the on- site sale of alcoholic beverages (beet' and wine only) at Littlefield's Rest- aurant. Staff recommended approval of the application subject to two conditions. Mayor Rowan opened the public hearing and asked if anyone wished to speak in support of the application. )Ir. Joseph Orosz, 4421 Lucera Circle, Palos Verdes Estates, Director of Opera- tions for Littlefleld's Restaurant, reported the lease problem with the property owner was resolved. He reported the restaurant proposed hours of operation of 11:00 a.m. to 1I:00 p.m., seven days a week. Mayor Rowan asked if anyone wished to speak in opposition. There was no one wishing to speak in opposition. It was moved by Councilman Hudson and seconded by Councilwoman MacLain to close the public bearing and adopt the following Resolution by title only, title as follows, approving C.U.P. #80-2 subject to the two conditions, and approving hours ot operation of 11:00 a.m. to ll:OD p.m. seven days a week: RESOLUTION NO. 2191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVINC CONDITIONAL USE PERMIT NO. 80-2 - WITH CONDITIONS. The mot[on unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL}fEMBERS: 0 COUNCILMEMBERS: ] COUNCII,MEMBERS: Evans, Hudson, MacLa£n & Rowan Non£~ Eac'ayo CONSIDERATION OF ORDINANCE PROHIBITING THE SALE OF FIREWORKS IN THE CITY OF CYPRESS: Tbe City Manager presented a report dated February 6 which transmitted the Ordinance prepared by the City Attorney. Tbe City Attorney explained the terms of the Ordinance, indicating it contains an absolute prohibition on the manufacture, possession, storage, offering for sale, retail sale and use of fireworks, including safe and sane tireworks. >Ia¥or R~wan asked if anyone wisbed to speak in support of the Ordinance. The follawing persons spoke in support of the Ordinance. Mr. and Mrs. Thompson and Mrs. ~L(,laughl~n reported their homes were destroyed by fires caused by firework~ during the last Fourtb of July: Mr. Lou Santo, 4597 Everest, Cypress Hrs. Elizabeth Thompson, 4599 Blanca Drive, Cypress Mrs. Helen McGlaugblin, 6076 James Alan, Cypress Mr. ,Joe Hardcastle, 4588 Blanca Drive, Cypress Mr. Jerry Thompson, 4599 Blanca Drive, Cypress Mr. Stan Becher, Deputy Fire Marshal for Orange County Mayor Rowan asked if anyone wished to speak in opposition to the Ordinance. Mr. Jim Dean, 9835 Joel Circle, Cypres,', Scoutmaster of Troop 670, stated the fireworks stand is the fund raiser for the troop. He felt the prohibition would not eliminate the use of illegal fireworks and that the problem would -3- City Council Minutes February 11, 1980 46? Mayor Rowan reported he received a telephone call from Mrs. Helen Heller who was unable to attend the meeting and who indicated she supported the proposed Ordinance. The Mayor also read a letter from Mr. C.J. Keeling, 5145 Brunswick, Cypress, who expressed support for the Council's efforts to control fireworks but felt the Ordinance would be difficult to enforce and that the prohibition may encourage the use of illegal fireworks which he felt were the cause of most fireworks-related fires. Mr. Leo Simon of American Legion Post 295 stated lie supported the objective of a total ban but tie felt illegal fireworks would be brought into the City. He suggested that the issue be placed on the ballot in June. Councilman Hudson urged adoption of the total prohibition since other efforts to reduce the fire hazards relating to fireworks on a County-wide basis had not been successful. It was moved by Councilman Hudson and seconded by Councilwoman MacLain to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING SECTION 5-2(d)(4) O? THE CYPRESS CITY CODE RELATING TO FIREWORKS. Mr. Tom Peters, representing the Freedom Fireworks Company, stated they are trying to stop the use of illegal fireworks through the State Fire Marshal's Office by petitioning the Consumer Safety Products Commission to prevent illegal fireworks from entering the country. Mr. Peters stated the company supports the regulation of fireworks but not a prohibition. He indicated they have no claims on their insurance record. He suggested that shake shingles on residential roofs be banned. The Council held further discussion on the motion. Cotmcilwoman MacLain stated she previously felt a 48 hour restriction on fireworks sales would be sufficient but that she now supported the total prohibition. She felt the ban would make fireworks more difficult to obtain, especially by children who can easily modify them into illegal fireworks. Councilwoman Evans felt the Ordinance would give residents a false sense of security that the Fire or Police Depart- ments can save their home from fire. She felt the City would experience enforce- ment problems with the Ordinance. She stated she supported a reasonable sales restriction, like 24 hours, and a drive to control fireworks on a County-wide basis. The motion carried by the following roll call w~te: AYES: 3 COUNCIL}gEMBERS: Hudson, MacLain & Rowan NOES: 1 COUNCILMEMBERS: Evans ABSENT: I COUNC]LMEMBERS: Lacayo Councilwoman Evans stated that she would have preterred to enact a law which is enforceable, such as a 24 hour sales restriction, and indicated she supported another attempt to seek County-wide fireworks controls. Councilwoman Evans requested that the Council's action be transmitted to the Orange County League, to citie~ which have adopted a fireworks ban, and to the County Board of Super- visors to seek unified fireworks control. RECESS: Mayor Rowan called a recess at 9:15 p.m. The meeting was called back to order at 9:25 p.m. with Councilman Lacayo absent. CONTINUATION OF CONSIDERATION OF DETERMINATION OF UNLISTED USE PROPOSED 1N THE LIGHT INDUSTRIAL ZONE: The Planning Director presented a report dated February 4 indicating this matter was continued from the Jannary 28 meeting. Mr. Lamm presented slides illustrating the operational charac~eristlcs of paper recycling plants in Westminster, Long Beach and Gardens which staff visited. He reported that out of seven cities contacted in the Los Angeles/Orange County area, five permit waste paper recycling businesses subject to a conditional use permit. -4- City Co,ncil Minutes February 11, 1980 Mr. Lamm reported that the Westminster plant was most similar to Cypress' appli- cation: there was minimal use of the plant, there were only two trucks at one time during staff's visit, and during the 15 minute visit staff saw no vehicles entering to use the facility. At the Westminster plant, paper is unloaded by forklift or manually, shredded into bins, then transferred to another vehicle and removed from the property. Mr. Lamm reported there is no processing. Mr. Lamm stated the applicant's business could be classified as a waste paper trans- fer station. He reported the applicant proposed to use one truck, one forklift, bins, a bailer and scale. Councilman Hudson asked what controls could be placed on the scale of the opera- tion and whether the business could expand to the size capacity of the site. The staff reported that the scale of the operation could be controlled indirectly through the conditional use permit which could control the amount of equipment used in the operation but could not limit the trips per day by users of the facility. Mayor Rowan inquired about the capital investment required for the operation and staff responded the major expenses would be for equipment purchase, property ma~ntonance and for construction of a wall to screen the property. Coun~ilwoman Evans recommended that the Council not discuss specifics of the application but rather identify the industrial zoned areas of the City where this use might be considered appropriate. The Planning Director reported that presently this use is not allowed anywhere i, the City since it is not listed Jn the Zoning Ordinance. He identified the industrial areas (ML-light industrial) as the area north of Lincoln and west of Walker, the Hyatt Die Cast property, and the Business Park in the southern part of the City where, he indicated, outdoor industrial uses are not encouraged. Councilman Hudson stated that the visual and operational characteristics of the subject use, the associated noise and potential for frequent deliveries made it best suited for industrial cities and that he did not support including it in Cypress' industrial zones. Councilwoman Evans felt that some of the City's light industrial zones had been zoned improperly and it would be inappropriate to perpetuate heavy industrial uses in these areas. She noted that the light industrial zoned areas in the City were surrounded by residential development, and she stated the paper facility would be more suitable in the industrial zone ~n the southern part of the City. Mr. Norman Speer, representing the property owner and owner of Cypress Lumber, stated the property in question is surrounded by other industrial uses: Superene Feed, a roofing contractor~ a trucker who hauls heavy steel, and a contractor's storage yard. He reported that presently there is a lot of truck traffic in the area. Mr. Robert Bong, the applicant, stated he would like to lease the property and his primary operation is buying old newspapers from the public who bring them in by car or truck, bailing the paper and shipping it to paper mills. He stated there would be no loud noise from cranes or large trucks. He indicated he would use a forklift, a platform scale and one truck, and possibly increase the number of truck~ in the future. Mr. doe Uardcastle, 4588 Blanca Drive, Cypress, asked if the applicant propused to handle, aluminum cans and stated that cans traveling on a conveyor belt to a cumpressing machine can be noisy. Mr. Bong stated he would handle only paper. Counc[]woman Evans asked if the property uses in this area were conforming. Staff responded that the machine shop operation is a conforming use but the others are legal non-conforming nses. The City Attorney indicated that the trucking yard, Superene Feed and roofing contra~tor are permitted uses in the ML-10,0OO Zone ~ubject to a conditional use permit. Mr. Speer stated that the snbject property is of adequate size for the paper facility, there Js adequate off-street parking available, there are two dr~ve- ways to the property and most of the area is paved. Councilman Hudson stated the City has undergone considerable transition over the last 20 years and the new uses in the Lincoln Avenue area developed over the past four years have been in a positive direction and more compatible for the -5- City Gaunc[l Minutes February 11, 1980 (][ty. ~h~ felt the City's current development standards and types of development uoming into the City would place the proposed paper recycling use within the heavv i~ld~s[rial zone, and not the light manufactnring zone. ] t was m~ved by Councilman Hudson and seconded by Councilwoman Evans to determine that a piper recycling plant is an unacceptable use fin the ligbt industrial zone. (]<>un~itwornan Evans noted that many of the uses currently permitted as a matter of right Jn the ]£ght industrial zone were aero,ally heavy industrial uses and she suggested that their approval should be made subject to a conditional use permit, or that Ih~ uses should be deleted as permitted in the ML Zone. She recommended that ~[~, I review the Zoning Ordinance provisions for the ML Zone in view of chan~ing circumstances in the City and determine the highest and best uses for the MI, Z~ne. Conncilwoman MacLain stated that she bad always considered the subject area as a heavy industrial area. Mr. Speer stated be felt the proposed paper facility would not be detrimental to th~ area. He indicated he had investigated several possible uses for the property and that he would consult w[tb the Planning Director again to find an approprl,~te use. He stated the property is a poor retail location. He stated the p~per plant would result in improvements on the property, such as a concrete The motion failed to carry by the following roil eall vote: AYES: 2 COUNCIL>~MBERS: Evans & Hudson NOES: 2 COUNCILMEMBERS: MacLain & Rowan ABSENT: 1 COUNCILMEMBERS: Lacayo Gouncilwoman MacLain supported tbe review of the Zoning Ordinance to define heavy and light industrial uses. Mayor Rowan contiuued this matter to tile February 25 meeting when the entire (]ouncii can be present. Councilman Hudson recommended that tile applicant contact industrial developers or real estate ~gents, considering tile demand for industrial development within £he City. Mr. Speer invited the Council to review the subject property and stated hc telt tile>, wo~ld agree that it is an industrial area. C_ONSjj/E.RA~!Ii~_,N~i/t: APPEAL OF STAFF DESIGN REVIEW ACTION: b'REESTANDING SIGN FOR /;?D?YEA~R II~E_(?iN~T~ER~ 4005 BALL ROAD: 'i'he Planning Director presented a report da[~ud February 4 which ~utlined Zoning Ordfn;~nce slgn provisions relating to thc, suhje(l prt)perty ffdentifying the exis[:ing thrt,e freestanding pole signs. I{c [ndi~tat~d th<, reason fnr the appeal w~ls [hat the appli~:ant disagreed with M~t'~'~r fh0w4:~ ask~d t~ the applicant wished to speak. Nx. EuF,~u~u Bri~'a~mekster, representing th~ applicant, Heath Sign Company, 3225 id~n[i~ , t ~ two m~jor tenants on B~]I Ro~d. He reported the Goodyear store ia ~{~ad. Uc t,ltcd the directory sign cannot bu r~ad from the street since the t[tior~ wit} the Standard and Shell service stations at the intersection since they s~ ]1 ~fmilar produ<ts. He stated that because of the competition a pole shopping c<.n[er has five separate tax parcels and he felt each could have a pol~ siBn. fie stated they would agree to reduce the sign height to 25 feet and the s~in lighting would be turned off at 6:00 p.m. when the business closes. -6- Ci~uncil Minutes February 11, 1980 Mr. Briesemeister stated be felt the large parcel warranted more than one sign per use. He reported that the property manager supported their sign request. Mr. Ken /~reen, 4005 Ball Road, Manager of Goodyear Tire Center, stated the store lacks visibility in the center. He stated Goodyear operates three other stores located in shopping centers in similar residential areas which are iden- tical buildings and all do double the volume of the Cypress store. Mr. Green stat~,d that customers from the immediate neighborhood are unaware of the store's ('×~s~mce. Mr. Green stated the sign, if approved, would be turned off at 6:00 p.m. lie indicated he has been manager of the store since the shopping center opened in 1970. Councilwoman Evans stated site supported the City's Sign Ordinance and that she felt good marketing techniques and quality service had kept the businesses in this tenter prosperous and could benefit the Goodyear store. She stated shops it thc east end of the center also suffer from persons not knowing they exist. Sht stated she did not see the need for a large sign for Goodyear since it is a l~eiRhboFhood shopping center depending on neighborhood traffic and support. It was mow~d by Councilwoman Evans and seconded by Councilman Hudson to deny th~, request for a freestanding sign for the Goodyear Tire Center. Hayer !{nwm stated he disagreed with denial of the sign and noted that the lot is Ion¼ ami there is no signing on Bloomfield. He felt the applicant had a valid u~cd to identify [tis business and that a pole sign on Bloomfield would be appro- priate, r~'duced to the Zoning Ordinance height limitation. Councilman Hudson st~ted hi~ concern was that the City could receive similar sign requests from oth~r businesses in the center which feel they are suffering from lack of exposure ~r identii'[cation. Councilman Hudson felt the Goodyear store's signing was the most visii>le on that end of the shopping center. He indicated he would not obiect to anotber pole sign at the westerly end of the shopping center if it was not Iimited to oue business. Hr. t~ries~meister stated he felt each of the parcels in the shopping center would be ~'ntitled to a freestanding sign. The Planning Director indicated that staff's interpretation of the Zoning Ordinance is that each separate tax lot is not slip,wed a separate freestanding sign. He indicated that all shopping centers c~msist of many parcels when a developer creates taxing parcels but they ute ti~,d together and considered as one parcel. He stated the parcels are created f-r taxing purposes and to show maintenance boundaries. Hr. Briest,me£ster indicated that he felt the Goodyear store could be considered as a use in accordance with the provisions of Section 15.5.C.1 of the Zoning OrdLnanct, and be entitled to a freestanding sign 75 square feet in area, on the Bloomfiehl Street frontage. The City Attorney stated that staff's interpre- tation is that each business in a shopping center is not considered a use and that the ~;hopping center as a whole is considered the use. He read the provi- sions of the Zoning Ordinance, Section 15.5.C.1, which state "where more than oac: business is being conducted on a single lot or parcel of land, the per- mitred ~i~n area for each business may be combined into one freestanding sign up to i m,:×imum combined area of 125 square feet". He stated staff does not ~e~;~d om h buslncss as entitled to its own freestanding sign. Mr. Joe H,~rdcastle, 4588 Blanca Drive, Cypress, suggested that, since the prop- ~'rtv Js tmdcr one ownership, the businesses sbou]d approach the owner about ~'e doing the entire signing program to avoid a multiplicity of signs. He sug- ~test~d tlmt the present Alpha Beta s~gn be removed and replaced with a combination siEn om B~ll Road identifying the pizza parlor, Danber Pharmacy, Alpha Beta Ihe motion to deny the sign carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Evans, Hudson & MacLain NOES: ] COUNCILMEMBERS: Rowan ABSENT: 1 COUNCILMEMBERS: Lacayo Mayor Rowan suggested that the applicant consult with the property owner and perbaps t~'v another approach for the Bloomfield side of the property to achieve their goals. -7- City Council biinutes February 11, 1980 MINUTES: it was moved by Councilman Hudson, seconded by Councilwoman MacLain and unanimously carried to approve the minutes of January 22 and January 28. STAFF REPORTS & DISCUSSION: personnel matters. The City Manager requested an Executive Session for CONSII)E~\TION OF AWARD OF CONTRACT FOR THE RESTORATION OF TRAFFIC SIGNAL AT THE INTERSECTION OF BALL & MOODY STREET~ CITY OF CYPRESS PROJECT #7937-50: The City Manager presented a report from the Public Works Director dated February 5 outlining six bids received. It was moved by Councilwoman MacLain and seconded by Councilman Hudson to: (1) authorize a budget transfer from the Gas Tax (2106) Fund and appropriate $24,659.00 from the fund balance of the Gas Tax (2106) Fund to the following accounts: 10-4001-577.22 ]0-4006-577.22 10-4151-577.22 10-4186-577.22 10-4207-577.22 $ 400.00 196.00 200.00 23,843.00 20.00 (2) determine that the lowest responsible bidder for Project #7937-50 is Baxter- Griffin, 8210 Monroe, Stanton, California, and award them the contract for the Ball Road and Moody Street traffic signal improvements in the amount of $20,733.00, subject to approval of the Department of Transportation (Caltrans). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan None Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR INSTALLATION OF DRAINAGE SYSTEM~ REQUEST FOR QUOTATION #7980-21RP: The City Manager presented a report from the Finance Director dated February 6 indicating bids were requested from six vendors and only one bid was received. The 1979/80 budget contains an appropriation of $17,000 for the installation of the drainage system at Oak Knoll Park. Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Hudson and seconded by Councilwoman Evans to accept the bid of J.B. Bostick Company, 301 S. Richman, Fullerton, California, and award them the contract in the amount of $]5,200.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILb~MBERS: Evans, Hudson, MacLain & Rowan None Lacayo CONSENT CALENDAR: Mayor Rowan announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as rest]ne and enacted by one motion approving the recommendations listed on the agenda. ]t was moved by Councilwoman MacLain and seconded by Councilwoman Evans to approve it:ems #3 through #14 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan NOES: 0 COUNCILbIEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo item #3: Motion to Introduce and/or Adopt All Ordinances Presented for Consid- eration By Title Only, and to Waive Further Reading. Item #4: Consideration of a Resolution in Snpport of the California Crime Watch Program. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: -8- RESOLUTION NO. 2192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE CALIFORNIA CRIME WATCH AND THE ATTORNEY GENERAL~S PLAN TO RESTORE PUBLIC SAFETY IN THE 80'S. Item #5: Continuation of Consideration of a Report on Restricting the Sale and Display of Drug Paraphernalia. Recommendation: That the City Council continue consideration of this item to the meeting of February 25, 1980. item #6: Consideration of Application for Transfer of an Off-Sale Beer and Wine Alcoholic Beverage License Filed by Pral Ngoc and Prith Preng Kien, DBA Midge's Calva Dairy, 6297 Ball Road, Cypress. Recommendation: Receive and file. Item #7: Consideration of Adopting Resolutions Relating to the April 8, 1980 General Municipal Election. Recommendation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 2193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 1980, TO BE MADE BY THE CITY CLERK. RESOLUTION NO. 2194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COb~ENSATION FOR THE GENERAL MUNCIPAL ELECTION OF SAID CITY ON TUESDAY, APRIL 8, 1980, HERETOFORE CALLED BY RESOLUTION NO. 2177 OF THE CITY COUNCIL. Item #8: Consideration of Determining Median Household Income in the City as of January 1, 1980. Recommendation: That the City Council adopt the following Resolution determining the median household income in the City to be $25,693, by title only, title as follows: RESOLUTION NO. 2195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING THE MEDIAN HOUSEHOLD INCOM~ IN THE CITY. Item #9: Consideration of Employment List - Maintenance Worker II. Recommendation: That the City Council certify the employment list for the position of Maintenance Worker II as submitted. Item #10: Consideration of Condition #5 on Conditional Use Permit #79-10, 5412 Camp Street, Cypress, California, Project #8008-10. Recommendation: That the City Council determine that the street improvements to be constructed with HCD funds satisfy the need for street improvements in Condition #5 of Conditional Use Permit #79-10. Item #11: Consideration of Acceptance of Agreement Covering Traffic Signal Modification and Interconnect System on Lincoln Avenue from Bloomfield Street to Valley View Street, Local Agency-State Agreement #07-5330, City of Cypress Project #7927-50. -9- City Count:ii Minutes February 11, 1980 Recommendation: That the City Council adopt the Resolution approving Supple- ment #7 for the Lincoln Avenue FAU Project by title only, title as follows, and authorize the Mayor and City Clerk to sign Supplement Agreement #7: RESOLUTION NO. 2196 A RISOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS £NITIATIN(] THE CITY OF CYPRESS AND STATE AGREEMENT NO. 07-5330 COVERING TRAFFIC SIGNAL MODIFICATION AND INTER- CONNECT SYSTEM ON LINCOLN AVENUE FROM BLOOMFIELD STREET TO VALLEY VIEW STREET. I~em #12: Consideration of Location of City Entrance Sign on Valley View Street, Project #7831-90. Recommendation: That the City Council approve location of the City Entrance Sign on Valley View Street, south of Lincoln Avenue. Item #13: Consideration of the Einancial Audit of the EDA Maintenance Corpor- ation Yard LPW Grant #07-51-06722. Recom~nd~ation: That the City Council receive and file the financial audit ~'eport ol tile EDA Maintenance Corporation Yard LPW Grant #07-51-06722. £tem #14: Consideration of the Public Nuisance Abatement Costs at 9551 Holder Street. Re~ommendation: That the City Council declare that the premises are no longer maintained in such a way as to constitute a public nuisance and adopt the fol- lowing Resolution by title only, title as follows: RESOLUTION NO. 2197 A RESOLUTION OF THE CITY CO[~C1L OF THE CITY OF CYPRESS (]ONFIRMING TIlE REPORT OF COST OF PUBLIC NUISANCE ABATE- MENT AND IMPOSING A SPECIAL ASSESSMENT AS A LIEN ON PREMISES WITHIN THE CITY OF CYPRESS. CONS]I)ERATiON OF AMENDING THE ORDINANCE ESTABLISHING THE CYPRESS MORTGAGE REVENUE BOND PROGRAM: The City Manager presented a report from the Finance Director dated January 31 indicating staff recommended that the Ordinance estabI[sh~ng the mortgage revenue bond program be amended to enable City employees to participate in the program. It was moved by Councilwoman Evans and seconded by Councilman Hudson to order the following OFdinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO, AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS A~NDING ORDINANCE NO. 650 RELATING TO THE CITY OF CYPRESS AFFORDABLE HOMEOWNERSHIP AND REHABILITATION PROGRAM. Fbe motion unanimously carried by the following roll call vote: AYES: NI)ES: AB SEN F: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan None Lacayo CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Council- woman MacLaln and seconded by Councilman Hudson to approve the Warrant List for Warrants #54304 through #54418 in the total amount of $626,761.59. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo -10- City Co~ncil Minutes February 11, 1980 474 SECOND READING OF ORDINANCE RE: DECREASING THE STATE SPEED LIMIT IN CERTAIN AREAS: It was moved by Councilwoman MacLain and seconded by Councilman Hudson to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING SECTION 16-86 OF CHAPTER 16 OF THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, AND ADDING SECTION 16-86 TO THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, FOR DECREASING THE STATE SPEED LIMIT IN CERTAIN AREAS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Hudson, MacLain & Rowan None Lacayo SECOND READING OF ORDINANCE RE: LOST, ABANDONED OR UNCLAIMED PROPERTY: It was moved by Councilwoman MacLain and seconded by Mayor Rowan to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 20-6 OF THE CYPRESS CITY CODE RELATING TO LOST, ABANDONED OR UNCLAIMED PROPERTY. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, lludson, MacLain & Rowan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lacayo CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation and Park District, it was moved by Councilwoman MacLain and seconded by Council- ~aan Hudson to approve the District Warrant List for Warrants #10091 through #10163 in the total amount of $147,676.75. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: Evans, Hudson, :lacLain & Rowan None Lacayo ORAL COMMUNICATIONS: No oral communications were presented at this time. EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 11:20 p.m. for matters of personnel. The meeting was called back to order at 11:39 p.m. with Councilman Lacayo absent. ADJOURNMENT: It was moved by Councilman Hudson, seconded by Councilwoman Evans and unanimously carried to adjourn the meeting at 11:39 p.m. ATTEST: CITY CLERK ~ ~RE ~ITY o~ CYPRESS -11-