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Minutes 80-12-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 8, 1980 The regular meeting of the Cypress City Council was called to order at 6:32 p.m. on Monday, December 8, 1980, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. FRESENT: ABSENT: Councilmembers Coronado, Lacayo, Mullen, Rowan & Evans None Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attor- ney, and the following City staff members: Barrett, Davenport, DeCarlo, Duke, Lamm, Powell and Scbatzeder. ~P_L_E~D~_E__O.F_~A~L_L~E(_~IAN~C~: The City Attorney led the pledge to the flag. p_~RA~L.~C~O~M?~NI~C~ATION~SS: Mayor Evans asked if anyone wished to speak in regard to any matter not on the agenda. No one in tbe audience wished to speak. STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mayor added Item #34a to the agenda regarding a Christmas ad in the Community Advocate newspaper. The City Manager requested an Executive Session for matters of personnel and that the Council also determine a meeting date with Senator Carpenter. PRESENTATION BY REPRESENTATIVE_~Sj p~FF T~H~_S~O.U~T~ERN CALIFORNIA WATER COMPANY REGARDING WA__T~pjIALITY: The City Council heard a presentation by Mr. Kostas of the Southern California Water Company who discussed water quality in Cypress with particular reference to toxic chemicals such as TCE, carbon tetrachloride and asbestos. Mr. Kostas reported that Cypress receives part of its water supply (44%) from four wells and the remainder (56%) from the Metropolitan Water District. He reported that the wells are monitored every three years for general and heavy metals. Mr. Kostas felt the wells in Cypress differed from wells in other communities which are shallow wells, located close to the surface of tbe earth, and were found to contain a high amount of TCE and carbon tetrachloride. He reported that Cypress' wells are deep perforations, about 500 to 600 feet below the ground surface, and their sanitary seals are over 400 feet deep which protect against pollution that is assumed to come from the surface. Mr. Kostas stated the sanitary integrity of this system is superior to the systems in the San Gabriel Valley. Mr. Kostas reported that tests by the State Health Department showed there is no TCE or carbon tetrachloride problem in Orange County since the levels were below the "no adverse response level" of five parts per billion. The latest tests of representative wells in the Anaheim basin in January, 1980, showed a range of .05 to 2.4 parts/ billion for trichlorethylene (TCE), and .02 parts/billion for carbon tetrachloride. Mr. Kostas stated there are no Federal limitations for asbestos in water and no asbestos testing has been done in Cypress, although the Metropolitan Water District began extensive testing for asbestos in 1978. Mr. Kostas reported that water from the four wells is filtered through the ground and MWD supplied water is filtered at a plant, and filtering removes 90% of asbestos found in raw water. He also reported that the well water and water from MWD is non-corrosive to asbestos pipes, meaning it does not drag out the fibers of the asbestos pipes. Mr. Kostas stated he has requested that asbestos testing be done in Orange County. Mayor Evans stated she would like assurances that adequate and timely water testing is performed and she requested that the Southern California Water Company and Metropolitan Water District advise the Council of what tests are performed, the test results, and testing criteria. Councilman Coronado stated he was not concerned over the routine testing done every three years but his concerns related to the toxic chemicals in water. He asked that the Council be notified of plans for the testing of asbestos in water. Mr. Kostas stated he would advise tbe Council of all tests which are made in coordination with the Metropolitan Water District and he would attempt to request water samplings specifically for Cypress. The Mayor suggested that if individual Councilmembers have additional questions they contact Mr. Kostas directly. City Conncil Minutes December 8, 1980 P__R~E~N~TJ?Jp~_ O__N_J3R PO~L~flT~I~O~N_~p~T~RO~L.~ME__A~Jl3~_~ ~ TEMCO TANK FARM BY REPRESENTATIVES O_F_JO~U~_H>~_ ~ALI~Fp~P~N~J_~DI~S~_fip__M~_AAN_y__A~y~__XA~O_~O~ANY: The City Manager reported that Mr. Donovan of the Edison Company bad provided the Council with drawings of the Edison facilities and was present this evening, and that Mr. Redding of tbe Texaco Company had offered to take the Council on a tour of the Tank Farm facilities. Councilman Coronado requested that staff transmit bis list of questions concerning the Tank Farm to the Texaco representative. Mr. Walt Donovan representing the Edison Company, 221Brookhurst, Fullerton, stated he would coordinate a tour of the Tank Farm and Edison facilities with the mexico Company. He responded to questions from the Council concerning the operation of tt~e Edison water tank at the corner of ()range Avenue and Moody Street. Mayor Evans continued the presentation of a resolution of commendation to Ms. Iris Thiemann since Ms. Thiemann was not present. MINUTES: It was moved by Mayor Evans, seconded by Councilman Rowan and unanimously carried to approve the minutes of November 17 and November 24, with Councilman Coronado abstaining on the minutes of November 17 and Councilman Lacayo abstaining on the minutes of November 24. C~TIN~U~yI~O~ O~F_~I~ ~N~G ~_:_C~O~NDI~TI~O~AL~U~F~_PE~RMI_ T #80:~2~ OFFICE CONDO- MINIUMS, 5401-5481 ORANGE AVENUE: Mayor Evans opened the public hearing. The City Manager presented a report from the Administrative Coordinating Team dated December 3 indicating this hearing was continued from the November 10 meeting in order for staff to prepare a report analyzing the various proposals concerning development of the properties adjacent to the Civic Center. The Team recommended that the City sell its Parcels #12, 14 and ]5 and not participate through subord- ination or a joint venture in the applicant's development project. They also recommended that the purchase agreement include a lease back provision for the Frank P. Noe Building, to allow the Noe building to remain until the initial condominium office phase is completed. Staff recommended that the City reserve rights of purchase so that a proportionate share of new office space could be acquired to replace the Noe building. Staff indicated that the sale of the City owned land would result in an accumulation of funds which could be used toward the lease or purchase of the Oxford Jr. High School site. Mr. George Appenzeller, 9265 Walker, Cypress, representing GA Construction Company, requested that a meeting be held between the City Council and applicant to review terms of sale of the City property. He stated the applicant was hoping for a 90 day escrow. Mr. Appenzeller stated a lease back provision for the Noe building would not work with their plans since the applicant proposed to begin construction at the corner of Orange and Walker. He reported that the office condominiums would be air space condominiums. Following further discussion, it was moved by Councilman Lacayo and seconded by Councilman Coronado that the Council continue the public hearing to a workshop meeting on Monday, January 19, 1981, at 7:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, ~ullen, Rowan & Evans None None EXECUTIVE SESSION: Mayor Evans called an Executive Session at 7:52 p.m. to dis- cuss matters of personnel. The meeting was called back to order at 9:15 p.m. with all Councilmembers present. Mayor Evans took Item #31 out of order for the benefit of persons in the audience. CONTINUATION OF CONSIDERATION OF COMPLAINTS RE: THE LINCOLN CENTER MOBILEHOME PARK: The City Manager presented a report dated December 4 indicating this matter was continued from the December 1 Council workshop meeting. Mr. John Anderson, 401 Civic Center Drive, #620, Santa Ana, attorney representing the tenants of Lincoln Center, reported that the tenants met in negotiations with the Park owner yesterday and had submitted a new offer on rents which was an increase from previous offers, changed the length of the lease and the number of units to be involved. He stated the owner planned to respond to them tonight. -2- City Council Minutes December 8, 1980 Mr. John Barr, 13921 Artesia, Cerritos, representing the owner of Lincoln Center, stated they met yesterday with the tenants' association and the discussion brought out six concerns, including two major concerns regarding tenants' gas bills and errors made in computing rent adjustments for the 100 tenants who are under a 5-year lease. Mr. Barr reported that an overcharge of $2.60 per month per space was made in the first year but not in the second year, and the owner would mail refund checks before the end of the year. Regarding gas bills, Mr. Barr reported that a cha~ of $12 per month was included in the rent when the 5-year leases were negotiated. He stated that with the installation of gas meters in 1978, the owner was able to determine which tenants were using the most gas and subse- iue,tly individual tenants were billed for the increase above the $12 per month credit. Mr. Barr reported the Park pays a commercial rate for gas, and the PUC advises them what rates to charge and also allows the owner to earn a profit to re- cover the costs of installation and maintenance of the gas meters. He stated their average profit between September 1978 and November 1980 was $1.62 per space per month. Mr. Barr stated the owner felt their rent structure was consistent to sustain the Park services and provide the owner with a fair profit. Be reported it was the owner's intent to bring the 100 tenants whose leases have expired up to the rent levels of others in the Park; he stated the 100 tenants were advised two years ago that this would occur. Mr. Barr stated that relief could not be given to the 100 tenants without changing the Park's basic rent structure or being unfair to the other 200 tenants who have been paying what they should have without the benefit of a favorable lease. Mr. Bart announced a proposal by the Park owner to discount the proposed rent increases in a graduated method over the first six months of 1981, which would be applicable to the entire Park. He stated that by July 1, 1981, all tenants will be paying the rent they are supposed to be paying with full know]edge that the owner will probably review rents in the Park again at the same time next year. Mr. Bart stated the proposal amounts to an overall discount of about 20% of the proposed increase, and was intended to deal with those tenants who will have a relatively high increase following the expiration of their 5-year lease and yet not penalize the otber 200 in the Park. He stated the proposal did not represent a change in the owner's basic rent po]icy and schedule or in their efforts to standardize the rents in the Park. Mr. Barr stated the Park owner would also attempt to assist in hardship cases if tenants approach them on an individual basis. Mr. Barr reported that the owner had im- plemented the December 1 increases. He stated the owner's offer would be withdrawn if the tenants continue to request a rent control ordinance. Mr. John Anderson stated he felt the owner's offer would probably be rejected by most of the tenants and he stated the tenants are still requesting that the Council enact the rent control ordinance, on a non-urgency basis, to include rent roll-backs and establishment of a rent mediation board. He suggested that the board contain five members: a representative from the Park owner, Park tenants, and three members at large, and that the board have the authority to report its findings to the City Council who would have final authority. He suggested that there be a requirement that 15% of the tenants must sign a petition or submit a request to the Council on rent mediation matters, to avoid a frivolous appeal by one tenant. Councilman Lacayo stated he supported a rent mediation board governing mobilehome parks in the City. He stated that since there has been only one other rent problem in the City concerning apartments he did not support a rent control ordinance. Councilman Mullen inquired if the City had the authority to roll-back rents. The City Attorney stated he was unaware of any precedent for a rent roll-back and was uncertain whether such a provision would be upheld in court. The Council held discussion concerning the matters of adopting a rent control ordinance and establishinR a rent mediation board. Councilman Coronado moved that the Council approve the first reading of an ordinance to establish a 90-day moratorium on all rent increases at the mobilehome park, and that on the effective date of the ordinance the rents be rolled-back to those in effect on December 24, 1980. The motion was not seconded. It was moved by Councilman Lacayo and seconded by Councilman Mullen that the Council establish a rent mediation board governing rent problems in mobilehome parks in the City; that the board contain five members consisting of one representative from the Park owner, one tenant representative and three representatives appointed by the -3- City Council Minutes December 8, 1980 City Council to serve for a specified time period, that the board have a binding power to be determined by the Council and a provision for ultimate appeals to the Council, and with a further provision that 20% of the Park tenants, or one repre- sentative of the Park owner, must slgn a petition to call the board to order to hear matters that need to be mediated. Councilman Lacayo stated it was his intent that any rent increases after November 30, 1980, would be appealable to the board. Following ~,scussion of the motion, the motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: 3 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo & Mullen Coronado, Rowan & Evans None Mr. Anderson stated that in the absence of Council action the tenants may approach the Council at a later date and make suggestions on a course of action. It was moved by Councilman Mullen and seconded by Councilman Lacayo to continue this item to a Council meeting on December 22, with this matter being the only item on the agenda~ The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: 3 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo & Mullen Coronado, Rowan & Evans None RECESS: Mayor Evans called a recess at 10:37 p.m. The meeting was called back to order at 10:43 p.m. with all Councilmembers present. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. JAMES A. BOONE~ DBA THE PRECIOUS METAL EXCHANGE OF CALIFORNIA~_58._97 CERRITOS AVENUE, CYPRESS: Mayor Evans opened the public hearing. The City Manager presented a report dated December 3 dscribing the application to conduct a secondhand business. The application repre- sented a change of ownership of the business. Mayor Evans asked if the applicant was present. The applicant was not present. Mayor Evans reported that she had received one complaint concerning the business that involved the business receiving stolen merchandise and thefts of gold from several nt~Jghborhood homes. She requested that the hearing be continued and that the Police Department submit a report on the business. Councilman Lacayo requested that the applicant also be provided with a copy of the Police report. Hearing no objections, Mayor Evans continued the public hearing to the January 12, 1981 meeting. PUBLIC HEARING RE: CONDITIONAL USE PERMIT #80-27~ AMUSEMENT ARCADE~ 9060 VALLEY VIEW STREET: Mayor Evans opened the public hearing. The Planning Director pre- sented a report dated December 3 describing the application to establisb an amuse- ment arcade in the commercial center located at the southeast corner of Valley View and Lincoln Avenue in the CH-10,000 Commercial Heavy Zone. Staff recommended approval of the business subject to seven conditions of approval. Mayor Evans asked if the applicant wished to speak. Mr. James Kirkbride, 8182 Wickham Lane, La Palma, the applicant, reported they issue a registration card to patrons of the arcade who are under 18 years of age, and the card contains their name, address, phone number and school they attend. He reported the manager of the arcade will ask for the card if the person looks under age. Mr. Kirkbride reported that only tokens are used in the arcade machines. He read a list of rules and regulations of the business. Mr. Kirkbride reported the arcade plans to be open seven days a week. Councilman Coronado rec- ommended that Condition #7 include the following wording at the end to state that the Council may modify or revoke the use permit if it "poses a nuisance to ad- joining businesses and their customers". Mr. Kirkbride stated he accepted this modification and that a similar clause is included in bis lease. Mayor Evans asked if anyone else wished to speak in support or in opposition to the application. No one else wished to speak in support or in opposition. -4- City Council Minutes December 8, 1980 It was moved by Councilman Lacayo and seconded by Councilman Mullen to close the public hearing and adopt the following Resolution by title only, title as follows, approving Conditional Use Permit #80-27 subject to the conditions recommended by staff and Condition #7 as modified: RESOLUTION NO. 2322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-27 - WITH CONDITIONS. The ~.,otlon unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARING RE: CONDITIONAL USE PERMIT #8-28~ ON-SITE SALE OF BEER & WINE~ MARRI'S PIZZAm VALLEY VIEW AT LAKESHORE DRIVE: Mayor Evans opened the public hearing. The Planning Director presented a report dated December 1 which described the application to allow the on-site sale of alcoholic beverages (beer and wine only) at Marri's Italian Restaurant, 9191 Valley View Street, in the Planned Commercial/Light Industrial (PCM) Zone. The site is located in the Warmington commercial development across from Cypress College at the northwest corner of Valley View and Lakeshore Drive. Staff recommended approval of the application subject to two conditions. Mayor Evans asked if the applicant wished to speak. Messrs. S.M. and M.M. Kellman, 7315 E. Wrangler, Orange, stated they own and operate Marri's Restaurants in Long Beach and Orange County and that they have been in business for 18 years. Mayor Evans asked if anyone else wished to speak in support or in opposition to the application. No one else wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 80-28 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None PUBLIC HEARING RE: ZONE CHANGE #80-1~ CIVIC CENTER AREA: M~yor Evans opened the public hearing. The Planning Director presented a report dated December 1 which indicated that at the October 4 meeting the City Council approved General Plan Amendment #80-3 which changed the subject property's Land Use designation of "low density residential" and "office and professional" to "high density residential" and "office and professional". Accordingly, Zone Change #80-1 would apply the Planned Residential DevelopmentZone to the high density residential area and the Office Professional Zone to the office professional designated area. Mayor Evan~ asked if anyone wished to speak in support or in opposition to the proposed zone change. There was no one wishing to speak in support or in opposition. It was moved by Councilman Coronado and seconded by Councilman Mullen to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: -5- City Council Minutes December 8, 1980 ORDINANCE NO. AN ORDINANCE OF THE CI%Y COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 640, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING CERTAIN PARCELS OF LAND IN THE PRD-5A (CC) PLANNED RESIDENTIAL DEVELOPMENT CIVIC CENTER COMBINING ZONE AND THE OP-10,O00 (CC) OFFICE PROF~¥7~IONAL CIVIC CENTER COMBINING ZONE AND KNOWN AS ZONE CHANGE NO. 80-1. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Coronado, Lacayo, Mullen, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMBMBERS: None Rowan & Evans CONTINUATION OF CONSIDERATION OF DISTRICT j8, AREA SOUTH OF ORANGEWOOD AVENUE BETWEEN KNOTT AND HOLDER STREETS: The City Manager presented a report regarding this matter dated December 4 which indicated the City Attorney requested that the item be discussed in executive session. ~XECU~T~_ ~E__SS~IO~N: Mayor Evans called an Executive Session at 11:00 p.m. for matters of litigation. The meeting was called back to order at 11:12 p.m. with all Councilmembers present. It was moved by Councilman Rowan and seconded by Councilman Lacayo 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 CIR~f OF CYPRESS ADDING SECTION 17-41 TO TilE CODE OF THE CITY OF CYPRESS PERTAINING TO CONTROL OF MINORS. Councilman Lacayo requested that a copy of the Ordinance be mailed to all home- owners in District 48 along with a letter advising the residents of the Council's concern over the problems with minors and requesting their continued cooperation to control the problems. Councilman Rowan recommended that the Ordinance also be adopted as an Urgency Ordinance. Mrs. Trudy Smith, 6892 Reefton, Cypress, suggested that the flier publicizing the $500 reward be mailed along with a copy of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None It was moved by Councilman Rowan and seconded by Councilman Mullen to adopt the following Ordinance by title only, title as follows: ORDINANCE NO. 671 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 17-41 TO THE CODE OF THE CITY OF CYPRESS PERTAINING TO CONTROL OF MINORS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILM~MBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None -6- City Council Minutes December 8, 1980 It was moved by Mayor Evans and seconded by Councilman Mullen that the Council adopt a policy to direct vigorous enforcement of the Ordinance, and similar laws controlling minors, by the Police Department. The motion carried by the following roil call vote: AYES: 4 COUNCILMEMBERS: Lacayo, Mullen, Rowan & Evans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINING: 1 COUNCILMEMBERS: Coronado CONSIDERATION OF AMENDING THE GARBAGE AND REFUSE ORDINANCE AND INCREASING THE MONTHLY RUBBISH FEE TO THE CONTRACTOR: The C~ty Manager presented a report dated December 5 which indicated the City received a request from the owner of Cypress Disposal Company to increase the monthly residential trash collection charge by $1.50. The current contract expires on June 30, 1981. The contractor further agreed that, in exchange for adjusting the rate prior to the contract expiration, there would be no further increase in the rate until June 30, 1982. The new rate of $3.00 would not be implemented until February 1, 1981. Staff recommended that the City Council amend the Garbage and Refuse Ordinance by deleting the specific monthly collection charge and allowing the Council to set the rate by Resolution, thereafter adopt a Resolution establishing the new rate at $3.50 per month, and that the Council amend the agreement with Cypress Disposal Company to extend the agreement an additional five years from June 30, 1981, with the rate of $3.00 being established through the period ending June 30, 1982. It was moved by Councilman Lacayo and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance, and to direct staff to prepare a Resolution amending the monthly rubbish rate to $3.50, effective February 1, 1981, and an amendment to the agreement with Cypress Disposal Company as outlined in the staff report: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 12-6 OF THE CODE OF THE CITY OF CYPRESS RELATING TO RATES FOR GARBAGE COLLECTION. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None CONSIDERATION OF PROPOSED LANDSCAPED BERM BUFFER FOR CYPRESS LAND COMPANY BUSINESS PARK: The Planning Director presented a report dated December 1 which indicated that a condition of approval for Parcel Map #80-1128 was that a minimum eight-foot- high landscaped earth berm buffer be constructed along the southerly property line of Parcels #1 and 2. The applicant submitted a proposal for the berm which had an overall height of seven feet as measured from the industrial side of the property. Staff indicated that the elevations on the industrial property varied. Staff reported that the landscaping of the berm would be with a quick-growing, low maintenance planting. Councilman Coronado expressed concern over the possible intrusion of the industrial use on the adjoining residences and felt the applicant should adhere to the Council's original request for an eight-foot-high berm. Mr. Richard Meyer, representing Cypress Land Company, responded to questions regarding the design of the berm. He reported that he met with homeowners adjacent to the industrial property and they were pleased with the berm proposal. Mr. Meyer stated he would agree to a condition stating that the berm must be eight-feet in height as measured from the industrial side of the property. Mr. Robert Sundstrom of Williamson & Schmidt, architect for the applicant, presented the Council with a drawing of the proposed berm. -7- City Council Minutes December 8, 1980 Following further discussion, it was moved by Councilman Coronado and seconded by Mayor Evans that the Council, in accordance with Condition #1 of Parcel Map #80-1128, approve the plan as submitted by Cypress Land Company for final con- structio~ design of the landscaped berm buffer, subject to the condition that the berm be eight-feet in height as measured from the industrial side of the property, and that the quantity and size of the landscape plantings be subject to City staff review and approval prior to their installation. The motion unanimously car,'ied by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None It was moved by Councilman Coronado, seconded by Councilman Lacayo and unanimously carried to waive the 11:30 p.m. adjournment time and to continue with the agenda items. CONSIDERATION OF AWARD OF CONTRACT FOR VIDEO CASSETTE RECORDER _AND PLAYER, REQUEST FOR_Q~UOTATION #8081-22: The City Manager presented a report from the Finance Direc- tor dated December 3 outlining seven bids received for the equipment. Also trans- mitted was a report from the Police Chief explaining why the equipment was placed out for re-bid. It was moved by Councilman Mullen and seconded by Councilman Coronado to accept the bid of Metrovonics, Inc., 3808 Catalina, Los Alamitos, California, and award them the contract in the amount of $4,534.68. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCIl,MEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF SELF-PROPELLED TRACTOR LAWN MOWER: The City Manager presented a report from the Public Works Director dated Decen~er 4 which outlined four bids received. Staff recommended that the contract be awarded to West Point Industries, Inc., since the other bids did not meet the City's specifications. It was moved by Councilman Rowan and seconded by Councilman Mullen to: (1) appro- priate $600.00 from the fund balance of the Intergovernmental Service Fund to be used for the purchase of the lawnmower; and (2) determine that the lowest respon- sible bid for a Self-Propelled Tractor Type Rotary Mower was submitted by West Point Ind~stries, Inc., 1320 W. 16th Street, Long Beach, California, and award them the contract in the amount of $4,624.08. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None CONSIDERATION OF AWARD OF CONTRACT FOR PURCHASE OF NUNES 17-FOOT ROTARY MOWER (CYPRESS RECREATION & PARK DISTRICT): ~e City Manager presented a report from the Recreation & Park Director dated December 3 which explained the need for purchase of the rotary mower and indicated a demonstration model was available at a reduced price. It was moved by Councilman Mullen and seconded by Councilman Coronado that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District: (1) appropriate $24,218.00 from the Recreation & Park District General Fund for the acquisition of a tractor with gang rotary mowers; (2) determine that, pursuant to Section 2lA of the Cypress City Code, the Nunes 17-foot rotary mower can be obtained from only one vendor and, therefore, bidding may be dispensed with; and (3) award the contract for the purchase of the 17-foot Nunes rotary mower (per the specifications in the staff report) to Nunes Manufacturing Company, P. O. Box 135, Patterson, California, in the amount of $24,218 which includes s~ies tax. City Council Minutes December 8, 1980 The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, ~ullen, Rowan & Evans None None CONSENT CALENDAR: Mayor Evans announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendations listed on the agenda. The City Attorney recommended that the following language be added to the recommendation for Item #20 concerning renewal of the lease for the Noe Building: the lease shall be renewed subject to the City's ability to cancel the lease, upon 30 days' notice, in the event the subject property is sold. Councilman Mullen requested the removal of Item #21 from the Consent Calendar. It was moved by Councilman Coronado and seconded by Councilman Mullen to approve Items #7 through #23 on the Consent Calendar with the exception of Item #21. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None Item #7: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item #8: Consideration of a Resolution Declaring the Results of the Special Municipal Election Held on November 4, 1980. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN SAID CITY OF CYPRESS ON THE 4TH DAY OF NOVEMBER 1980, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. 1. The whole number of votes cast in the City was: 16,309. The measure voted upon was: Should the City Council of the City of Cypress Adopt An Ordinance Prohibiting the Possession, Sale and Use of Ail Fireworks in the City? -9- City Council Minutes December 8, 1980 STATEMENT *OF VOTES CAST -- GENERAL ELECTION -- NOVEMBER 4, STATE PROP. 10--370-~ (04641 10-371-1 103qg) .IC7'37E-! 10"-~81-~ (11]1! 1~=382~ (0386{ i0-36~r-1 (0591) 10-392-1 (0391) T[-04(}-~l IT=0~T-T (0522) [I:3SI:I i1-3~7'[ 1042q! 11=35~-1' - {0S72) LOCAL MEASURES A B C D Yes No ~8.~ Yes NO E F G Yes Nc L + [ -10- m City Council Minutes December STA~MENT OF VOTES CAST -- GENERAL EL~TtON -- NOVEMBER 4, 1~0 1980 ORA;iGE COUNTY ELECTION PRECINCTS STATE PROP. Yes No :CUNTY TOT~ ,BSE~TEE TOTAL Yes LOCAL MEASURES A B C O NO L OT&L E F m t - t f T -11- City Council Minutes December 8, 1980 Item #9: Consideration of an Original Application for an Alcoholic Beverage License Filed by Sherwin M. & Maurice M. Kellman, DBA Marri's Pizza, 9191 Valley View, Cypress. Recommendation: That the City Council receive and file this application contin- gent upon the approval of Conditional Use Permit #80-28 by the City Council. Item #10: Consideration of Employment List - Accounting Assistant I. Recommendation: That the City Council certify the employment list for the position of Accounting Assistant I as submitted. Item #11: Consideration of Acceptance of Katella Avenue Sanitary Sewer from Lexington Drive (Denni Street) to 910 Feet East of Walker Street, City of Cypress Project #7671-90. Recommendation: That the City Council accept the Katella Avenue Sanitary Sewer improvements from Lexington Drive (Denni Street) to 910 feet east of Walker Street, Project #7671-90, as being satisfactorily completed in accordance with the Plans and Specifications and authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period providing no liens have been filed and to release the Faithful Performance Bond upon expiration of one year's guarantee providing no defects in material and workmanship become evident. Item #12: Consideration of Contractor's Request for Extension of Time for the Modification to the Traffic Signal at the Intersection of Ball Road and Walker Street, City of Cypress Project #8012-50 HES LO60(001). Recommendation: That the City Council approve Baxter-Griffin's request for a thirty (30) working day extension of time. Item #13: Consideration of Planning Department Report Concerning Policies Toward Installation of Solar Collector Panels. Recommendation: Receive and file. Item #14: Consideration of an Original Application for an Alcoholic Beverage License Filed by Anthony Hawa, DBA Hawa Market, 5011 Ball Road, Cypress. Recommendation: Receive and file. Item #15: Consideration of Communication from the State Solid Waste Management Board Requesting a Resolution for Transferring Litter Control Funds. Recommendation: That the City Council adopt the Resolution by title only, title as follows, certifying that the City's share of the State Anti-Litter Funds will be made available to Orange County: RESOLUTION NO. 2325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980. Item #16: Consideration of Status Report on Compliance with the City's Drug Paraphernalia Ordinance. Recommendation: Receive and file. Item #17: Continuation of Consideration of Appropriation for a Tire Changer. Recommendation: That the City Council continue this item to the next Council meeting. -12- City Council Minutes December 8, 1980 Item #18: Consideration of Discontinuance of Route 21 (Valley View Street) by the Orange County Transit District. Recommendation: That the City Council authorize staff to prepare a letter from the Council expressing opposition of the Council to the discontinuance of Route 21 by OCTD. Item #19: Consideration of Acceptance of the Walker Street Storm Drain from the Bolsa Chica Channel to Cerritos Avenue, City of Cypress Project #7532-20. Recommendation: That the City Council accept the Walker Street Storm Drain from the Bolsa Chica Channel to Cerritos Avenue, Project #7532-20, as being satis- factorily completed in accordance with the Plans and Specifications and authorize the City Clerk to release the Labor and Material Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bond upon expiration of one year's guarantee providing no defects in material and workmanship become evident. Item #20: Consideration of Renewal of Lease for the Frank P. Noe Building to the Cypress Chamber of Commerce. Recommendation: That the City Council authorize a one-year extension of the current lease agreement between the City and the Cypress Chamber of Commerce for use of the Frank P. Noe Community Center Building, which will expire on December 31, 1981, subject to the City's ability to cancel the lease with 30 days' notice in the event that the property should be sold. Item #22: Consideration of Authorization for Park Maintenance Worker II Position. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation & Park District, authorize the addition of one (1) Park Maintenance Worker II, effective December 8, 1980. Item #23: Consideration of Memorandum of Understanding Between the City/District and the Cypress Recreation & Park District Employees. Recommendation: That the City Council, and acting as the ex officio Board of Directors of the Cypress Recreation & Park District, concur with the items of consideration embodied in the Memorandum of Understanding agreed to by the City Manager and the Employees' Association. In regard to Item #21 removed from the Consent Calendar, Consideration of Lease Renewal Between the City of Cypress and the Cypress Boys' Club for the Facility Located at 10161 Moody Street, Councilman Mullen expressed concern that the Boys' Club facility located at the corner of Moody and Cerritos Avenue appeared to be unused. The City Manager indicated that Item #21 referred to the old library facility at 10161 Moody which is used by the Boys' Club. It was moved by Councilman Mullen and seconded by Councilman Coronado that the City Council approve the renewal of the lease agreement between the City and the Cypress Boys' Club for the facility located at 10161 Moody Street, with an expiration date of December 31, 1981. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COLINCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None Mayor Evans requested that staff provide the Council with a status report on the Cypress Boys' Club. -13- City Council Minutes December 8, 1980 CONTINUATION OF CONSIDERATION OF OPINION SURVEY FOR THE CRESCENT/CAROB TRAFFIC SIGNAL: The City Manager presented a report dated December 5 indicating this item was continued from the November 24 Council meeting to allow consideration by a full Council. It was moved by Councilman Rowan and seconded by Councilman Lacayo that the Council approve the Crescent/Carob location for a traffic signal installation. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 1 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen & Rowan Evans None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Coronado and seconded by Councilman Mullen to approve the Warrant List for Warrants #57017 through #57126 in the total amount of $275,926.38. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None In regard to Item #34a added to the agenda concerning a request for a City holiday greetings ad in the Community Advocate newspaper, the City Manager reported that a half page ad for a one-time publication would cost $261, and a quarter-page ad would cost $130. It was moved by Councilman Mullen and seconded by Mayor Evans to receive and file the matter. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None SECOND READING OF ORDINANCE ESTABLISHING A YOUTH COMMISSION: It was moved by Councilman Lacayo and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 2-90 THROUGH 2-95, INCLUSIVE, TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING A YOUTH COMMISSION. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 2 COUNCILMEMBERS: 0 COUNCILMEMBERS: Lacayo, Mullen & Evans Coronado & Rowan None It was moved by Councilman Mullen and seconded by Councilman Lacayo to continue Item #36, Consideration of Action Plan for Anti-Vandalism Campaign, and Item #37, Consideration of Peppertree Park Signing Proposal, to the January 12, 1981 meeting. The Council directed staff to continue their efforts in encouraging citizen participation in anti-vandalism and neighborhood watch programs. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, ~lullen, Rowan & Evans None None -14- City Council Minutes December 8, 1980 CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio Board of Directors of the Cypress Recreation & Park District, it was moved by Councilman Coronado and seconded by Mayor Evans to approve the District Warrant List for Warrants #11150 through #11183 in the total amount of $36,365.11. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None The Council held discussion regarding scheduling a meeting with Senator Carpenter. The Council decided to schedule the meeting for Wednesday, December 17, at 7:30 a.m. at the Los Alamitos Country Club. EXECUTIVE SESSION: Mayor Evans called an Executive Session at 12:14 a.m. to discuss matters of personnel. The meeting was called back to order at 12:25 a.m. with all Councilmembers present. Councilman Rowan requested that staff perform a survey and prepare a report on single-family and apartment rental units, and report back at a January Council meeting. ADJOURNMENT: Mayor Evans adjourned the meeting at 12:28 a.m. to Wednesday, December 17, at 7:30 a.m. at the Los Alamitos Country Club for the meeting with Senator Carpenter. ATTEST: M~YOR ~ ~H~ CITY OF CYPRESS C TY 'CtE ' 0F OF cYP ss -15-