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HomeMy WebLinkAboutMinutes 96-06-10 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June lo, 1996 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday, June 10, 1996, in the Council Chamber, 5275 Orange Avenue, Cypress, by mayor Walter K. Bowman PRESENT:CouncilmemberS Age, Carroll, Kerry and Bowman ABSENT: Councilmember Jones Also present were City Manager Darrell Essex, City Attorney John Cavanaugh, Finance Director Richard Storey and Administrative Services Director Gary Bacock. COUNCILMEMBER JONES ARRIVED AT 5:36 P.M. CLOSED SESSION: Mayor Bowman immediately recessed the meeting to enable the Council to enter into Closed Session to discuss those agendized items of: Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a), Workers Compensation Appeals Board Case No. VNO 0300742, VNO 0300743, Chrysteen Massey; Conference with Labor Negotiator (Government Code Section 54957.6), Public Safety Employees, Police Management, Maintenance Employees' and Top management Associations and Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a), Susan Creager vs. City of Cypress, et al, Orange County Superior Court Case No. 741450. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City manager, City Attorney and staff members 13acock, ChristoffelS, DeCar[O, Kelly, Storey and Wicker. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Jones. PRESENTATIONS: The Loyalty Oath was administered by the Deputy City Clerk and Mayor Bowman presented Certificates of Appointment to Newly-appointed Alternates to the Senior Citizens Commission Elsie Carruthers, Mary Trujillo and Joseph White. The City Manager requested that the City Attorney summarize those discussions held during Closed Session on: Existing Litigations on a Workers' Compensation Appeals Board Case involving ChrVsteen Massey and an orange county superior Court Case No. 741450, Susan Creager; Conference with Labor Negotiators involving the Public Safety Employees, Police Management, Maintenance Employees' and Top management Associations. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 P.M. Agenda. Mayor Bowman acknowledged the $1,000 gift donated by the Soroptimists Club to the D.A.R.E. program. Mayor Pro Tem Kerry read a statement about Isabel Villasenor, owner of Cypress McDonald's, hosting a fund raiser to benefit the Schwartz family. On Tuesday, June 18, 1996, people are encouraged to dine from 6 p.m. until 9 p.m. at the MCDonaids on Valley view and Ball with the proceeds going to the Schwartz family fund. Also a special family fund has been established at Union Bank on Ball Road and individual and corporate donations may be sent directly to the attention of Gary Tekely. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACR FOR CYPRESS CITY NEWSLETTER DESIGN AND PRINTING, REQUEST FOR QUOTATION NO. 9596-19: The City Manager requested that the Senior Management Analyst, Kevin Justen, present the staff report dated May 29, 1996. At its March 11, 1996 meeting, Council directed staff to solicit bids for the production of the Cypress City Newsletter. Previous direction had been given to combine the Recreation and Park District Brochure with the Newsletter, to be produced on a quarterly basis. Bids were requested from 16 vendors to design and print four issues of the Cypress City Newsletter, with six responses received. CITY COUNCIL MINUTES June 10, 1996 It was moved by Councilmember Carroll and seconded by Councilmember Age to accept the bid Of Summit Ad Group, 1485 N. Tustin, Suite 230, Orange, CA 92667 for production of the Cypress City Newsletter as the lowest responsible bidder and award the contract for a total cost of $15,808 for four issues. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF AWARD OF CONTRACT FOR THE REPLACEMENT OF AN AIR CONDITIONING UNIT AT THE COMMUNITY CENTER, PUBLIC WORKS PROJECT NO. 9618: The Public Works Director summarized the staff report dated May 30,1996, which indicated that the air conditioning unit servicing the administrative offices of the Community Center recently stopped working. As temporary repairs were made, it was determined that the unit could not effectively be permanently repaired and would have to be replaced as soon as possible. Three bids were received for the replacement of the unit. Based on unit efficiency, ease of installation and long term maintenance considerations, it was agreed that F M Thomas' proposal provided the best solution. Councilmember Carroll said that two of the three bidders suggested multi-unit replacements, and he didn't see any compelling reason to spend an additional $5,000 and overlook the low bidder. He asked for additional rationale, which was provided by the Public Works Director. it was moved by Counclimember Jones and seconded by Councilmember Kerry to award the Community Center HVAC Replacement Project, Public Works Project No. 9618 to F M Thomas Air Conditioning Inc., 231 Gemini Avenue, Brea, CA 92621 in the amount of $27,527. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Carroll requested that item No. 7, Resolution Supporting the Katella Avenue Smart Street implementation Plan be removed. It was moved by Counclimember Kerry and seconded by Councilmember Jones to approve the Consent Calendar Items No. 3 through 17, with the exception of Item No. 7. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Item No. 3: Motion to Approve City Council Minutes of May 28,1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of May 28, 1996, as submitted. item No. 4: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. item No. 5: Consideration of Renewal of Non-Exclusive Taxicab Franchise - A-AAA Yellow Cab, Inc. Recommendation: That the City Council approve a one-year renewal of the non- exclusive Taxicab Franchise issued to the A-AAA Yellow Cab, Inc., to expire on June 12, 1997. Item No. 6: Consideration of Monthly Investment Program for the Month of April 1996. 2 CITY COUNCIL MINUTES June 10, 1996 Recommendation: Receive and file. Item No. 8: Consideration of Acceptance of Project for Sheet Metal Repair Work at the City Maintenance Yard, Public Works Project No. 9539. Recommendation:That the City Council: 1) Accept the Sheet Metal Repair Work at the City MaintenanceYard, Public Works Project No. 9539 as being satisfactorily completed in conformance withthe project specifications; and 2) Approve the final retention payment to GSM Sheet Metal, Inc., 10591 Humbolt Street, Los Alamitos, CA 90720. Item No. 9: Consideration of Acceptance of the Removal of Underground Waste Oil Storage Tank at the Maintenance Yard, Public Works Project No. 9323. Recommendation: That the City Council: 1) Approve Contract Change Order No. 1 to eliminate the concrete foundation and bollards and reduce the contract amount by $6,500; 2) Accept the work of the Removal of the Underground waste oil storage Tank, Public Works Project No. 9323, as being satisfactorily completed; and 3) Approve the final retention payment to Cornerstone Technologies, Inc., 1300 Quail Street, Suite 203, Newport Beach, CA 92660, 35 days after the Notice of Completion is filed. Item No. 10: Consideration of Approval of City Engineer'S Report for Cypress Corporate Center Landscape Maintenance District No. 1 and Declaration of intention to order the Renewal of Said Maintenance District No. 1 for Fiscal Year 1996-97, City of Cypress Project No. 8615-90. Recommendation: That the City Council: 1) Adopt the Resolution by title only, title as follows, approving the City Engineer's Report, dated June 3, 1996, for Cypress Corporate Center Landscape Maintenance District No. 1; and 2) Adopt the Resolution by title only, title as follows, declaring Council's intention to order the renewal of Cypress Corporate Center Landscape maintenance District No. 1 for Fiscal Year 1996-97, and setting a Public Hearing on July 8, 1996, pursuant to the Landscaping and Lighting Act of 1972. RESOLUTION NO. 4643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING THE CITY ENGINEER'S REPORT, DATED JUNE 3,1996, FOR CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1996-97. RESOLUTION NO. 4644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1996-97, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Item No. li: Consideration of Professional Services for Administration Department and Consideration of Amendment for Solid Waste Management Services Among the Cities of Cypress, La Palma, Los Alamitos and Seal Beach. Recommendation: That the City Council: 1) Authorize the City Manager to extend the Professional Services Agreement for one (1) year, beginning July 1, 1996; and 2) Authorize the Mayor and city Clerk to execute the renewal amendments from the cities of La Palma, Los Alamitos and Seal Beach, regarding the extension of the Solid Waste Management Services Agreement for the renewal period of July 1, 1996 through June 30, 1997. Item No. 12: Consideration of Legislation and Other Issues for City Council Support or Opposition. Recommendation: That the City Council move to authorize support of the League of California Cities' position on SB 1626 (Kopp) to allow irregular lot findings as blight for redevelopment projects. Item No. 13: Consideration of Animal Control Services Contract. Recommendation: That the City Council approve the 1996/97 Agreement for Animal Control and Shelter Services with the County of orange and authorize the Mayor to sign and the city Clerk to attest the Agreement, subject to the approval of the City Attorney. 3 CITY COUNCIL MINUTES June 10, 1996 Item No. 14: Consideration of Continuous Employment List - Police officer (Academy Trained Entry). Recommendation: Receive and file. item No. 15: Consideration of a Resolution Revising the City's Appropriation Limit. Recommendation: That the City Council adopt the Resolution by title only, title as follows, revising the City's 1996-97 appropriation limit. RESOLUTION NO. 4645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REVISING THE CITY'S APPROPRIATIONS LIMIT FOR THE 1996-97 FISCAL YEAR. Recreation & Park District Matters: Item No. 16: Consideration Of Appropriation Of Funds From the Cypress Recreation and Park District's General Fund Due to Additional Youth Roller Hockey Leagues. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Approve the proposed additional leagues as outlined in the report; and 2) Appropriate a total of $12,635 from the Cypress Recreation and Park District's General Fund to the following accounts: 4104-12-310-10 $4,135 (Special Activity SupiDlies) 4187-12-310-10 $8,500 (Contract Services) item No. 17: Consideration of a Resolution Revising the Cypress Recreation and Park DistriCt'S Appropriation Limit. Recommendation:That the City Council, acting as the ex-officio governing Board of Directors of theCypress Recreation and Park District, adopt the Resolution by title only, title as follows,revising the District's 1996-97 appropriation limit. RESOLUTION NO. 188 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, REVISING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 1996-97 FISCAL YEAR. END OF CONSENT CALENDAR Regarding item No. 7, Consideration of Resolution Supporting the Katelia Avenue Smart Street Implementation Plan, Councilmember Carroll asked what the Smart Street means to the people traveling Katelia Avenue. The Public Works Director commented that this was an aspect of the Measure M program, the first implementation being Beach Blvd. The idea is to have continuous travel lanes in each direction with intersections widened for free right turn movements and coordination of all the traffic lights. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to adopt the Resolution by title only, title as follows, supporting the Katelia Avenue Smart Street Implementation Plan. RESOLUTION NO. 4646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE KATELLA AVENUE SMART STREET IMPLEMENTATION PLAN. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None The City Manager requested that there be clarification on the workshop session dates. There is a request for a workshop on the north area residential zoning to be held on July 8 at 5:00 P.M. The options on the library governance workshop on August 12 at 4:30 4 CITY COUNCIL MINUTES June 10, 1996 p.m. Tonight's meeting is to be adjourned to June 24 at 5:00 p.m. for an OCTA workshop on the PE right-of-way. July 22, 1996 has been scheduled for a housing set aside workshop, the July 15 Redevelopment workshop is cancelled and another date will be established later. The Council had no objections to the workshop schedule. Councilmember Kerry reminded the public that there will be meetings scheduled regarding the 714 area code division on June 18 at the Mission Viejo Council Chamber; June 19, Fullerton City Council Chamber and June 20 at Huntington Beach Council Chamber, all at 7 P.M. PUBLIC HEARINGS: CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - IRON HORSE BAR AND GRILL, 5591 LINCOLN AVENUE, CYPRESS: Mayor Bowman opened the public hearing. The City Manager presented the staff report dated may 30, 1996, advising that an application has been submitted for a Live Entertainment Permit by Mr. Richard Zarate, dba iron Horse Bar and Grill, 5591 Lincoln Avenue, Cypress, to allow a 3 - 5 piece band to entertain, no more than ten times a year on special occasions, from 9:00 p.m. to 1:30 p.m., including dancing by the patrons at the subject location. The Affidavits of Posting, Publication and Mailing of the Public Hearing Notices 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 application. In accordance with Section 9-6 of the Cypress City Code relating to Live Entertainment Permits, the Chief of Police has completed an investigation of the applicant and the proposed type of entertainment. The Community Development Department was requested to submit any comments relative to the proposed entertainment and recommended the following condition: The access doors to the business premises facing the adjacent motel shall remain closed during the hours of live entertainment. Pursuant to Section 9-8 of the Cypress City Code, the City Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation or business by the applicant and the live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the public or that applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral character, intemperate habits or bad reputation for truth, honesty or integrity. The Council has previously established the condition for all live entertainment permits that they reserve the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. The Council may impose any other conditions which they feel are required under the provisions of this Section. Councilmember Kerry noted that there was a conflict in that the application and the staff report stated the proposed live entertainment would be no more than ten times a year; however, the police report stated that the entertainment would be twice monthly on a Friday or Saturday night. Mr. Richard Zarate, owner of the iron Horse Bar & Grill, 1741 E. Willow Street, Anaheim, clarified that his Type 48 license, according to the ABC does not allow any minors in his establishment. The City Manager suggested that the number of days of entertainment per year be clarif led. Councilmember Carroll asked the applicant how times a year he wanted to have entertainment. Mr. Zarate asked for the twice a month or every other Saturday. Councilmember Age asked the applicant if he would accept the condition that the entertainment be permitted for holidays and Saturdays only for a maximum of 24 days a year and the applicant agreed. Mr. Zarate advised that his biggest concern has been the motel next door and he would like to keep the motel guests out of his establishment. No one wished to speak in support of the proposal. 5 CITY COUNCIL MINUTES June 10, 1996 Ms. Brenda Lesecki, Manager of the Cypress Lodge Motel, was present on behalf of the owners who wanted the wall extended to act as a sound barrier if a band is allowed at the iron Horse Bar & Grill. The City Manager called the Council's attention to the previously established condition for all live entertainment permits that reserves Council's right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. it was moved by Councilmember Age and seconded by councilmember Carroll to close the public hearing and approve the permit with the conditions that the access doors to the business premises facing the adjacent motel shall remain closed during the hours of live entertainment and a maximum of 24 days per year of live entertainment on Saturdays and holidays only. She reiterated that Council reserves the right to reconsider the permit in the event there were complaints about the noise or any other problems associated with the premises from the neighbors. Councilmember Jones expressed concern with the live entertainment issue and the possibility of contributing to the problems on Lincoln Avenue. She would vote no. The motion carried by the following roll call vote: AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman NOES:1 COUNCILMEMBERS: Jones ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 96-6 AND TENTATIVE TRACT MAP NO. 15284 - DEVELOPMENT OF TWELVE (12) SINGLE-FAMILY HOMES, 9737-9761 WALKER STREET, CYPRESS: Mayor Bowman announced that he would be abstaining on this item because he had a recent sale of a property within 300 feet of the subject property and he left the dais. Mayor Pro TeM Kerry opened the public hearing. The City Manager asked the Community Development Director to summarize the staff report dated May 30,1996, which represented a request to subdivide one lot into 12 for the construction of 12 small lot single-family homes at 9737-61 Walker Street in the RS-5,000 Residential Single-family Zone. She added Condition No. 33b which read, "Conditional Use Permit 96-6 will not become effective until the effective date of the zone change ordinance 96-1, which has rezoned the property to RS-5,000." The proposed tract map complies with the California State Subdivision Map Act and the City of Cypress Subdivision ordinance. in accordance with the California Environmental Quality Act, a Negative Declaration will be filed for this project. Notices of the public hearings were mailed to all property owners within a 300 foot radius and, as of the drafting of this report, staff has not received written or oral comment. Councilmember Jones inquired if the CC&Rs could be adopted by the City and the City Attorney responded in the affirmative. He suggested that a condition of approval be added that the CC&RS, when they are prepared, be submitted to the City and subject to approval by the City Attorney. Also, that this particular project be governed by a Homeowners' Association with enforcing authority. Councilmember Jones expressed concern about lofts, RV parking and the necessity for a security gate across the entrance. Mayor Pro Tem Kerry had some questions on the double doors in the loft, Plan B, ingress and egress and if a traffic study was done to determine a conflict between driveways should the other property develop. The Public Works Director said that there is enough distance to allow cars to enter and exit. if there is more than one car trying to turn left opposite another car they won't be able to enter the island and it could be a problem. The City Attorney referred to the Cypress Zoning Code which does allow the Council to condition the project requiring both a Homeowners' Association as the governing body, as well as, CC&Rs which are the governing documents. He asked that when the CC&Rs come to the City for approval, that he be granted authorization to draft appropriate language. The intent would be to address those zoning issues so that the intent of the Council is protected with respect to the CUP and zoning aspects. After additional discussion, Mayor Pro TeM Kerry asked the applicant for his presentation. Mr. Mahendra Desal, 1150 E. Orangethorpe Avenue, Suite 112, Placentia, mentioned the CC&R issue and said he would prefer that, if the City wants to become involved, it be left to the City Attorney and his attorney to resolve. Regarding RV parking, as long as the 6 CITY COUNCIL MINUTES June 10, 1996 vehicle fits on the parking space, it was permitted with no parking allowed on the common drive area. Councilmember Jones remarked that the ordinance in the rest of the City prohibits RVs from parking on the street and a private drive would not apply. She didn't want this project to have additional amenities. Mr. Desal advised that he has had a number of meetings with the Fire Department on the security gate and they are widening the front part of the street so that there will not be a stacking problem on the street while entering the complex. Councilmember Jones expressed concern about the number of security gates in the City, their aesthetics and she questioned the need because Cypress is a very safe community. Responding to Councilmember Carroll, Mr. Desai said he has read all the conditions, he does agree to them and also to the requirement of a homeowners association. Mr. Desai addressed the double doors into the loft area in Plan 8, which will be conditioned. Mayor Pro Tem Kerry asked if anyone wished to speak in support of the project. Ms. Alison Young, real estate broker, provided clarification on CC&RS, security gates, ingress and egress to the project. Mrs. Julie Brooks, 9740 Rome Street, Cypress, approved of the project, but had a question about the six foot fence proposed when she already had a seven foot fence and she asked for clarification. After discussion on the fencing, CouncilmemberS Age and Carroll concurred that if the property owner and the developer could not agree on the fencing, then the issue be brought back to the council for resolution. Councilmember Jones asked for a condition that the proposed stucco wrapped fence have a concrete footing and that a condition or the CC&Rs reflect that there would be no RV parking on the private street and in the common parking areas. it was moved by Councilmember Age to: 1.Close the public hearing, 2.Adopt a finding of de Minimis impact; approve the Negative Declaration and direct staff to file a Notice of Determination and de Minimis impact; 3.Adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 96-6, subject to conditions In Exhibit "A", including Condition No. 33b; 4.Adopt the Resolution by title only, title as follows, approving Tentative Tract Map No. 15284, subject to conditions in Exhibit "A"; and 5.The CC&Rs are to be composed by the City Attorney and the applicant's attorney to include a condition prohibiting the parking of RVs on the private street or In common parking areas and a condition requiring concrete footings on the stucco wrapped fencing. Councilmember Carroll seconded the motion with the provision that the applicant could install the security gate if desired. He commented that the homes are of a size and market that Cypress needs and it gave him great satisfaction to vote yes on the project. The Community Development Director added a condition that read, "No doors shall be permitted in the loft for Plan B if the interior master bedroom wall is included." Councilmember Age included the condition in her motion. Councilmember Jones had expressed her concern with the density of the project during previous hearings; however, she felt the applicant had done well in accommodating all parties' desires and she will vote yes on the project. Mayor Pro Tem Kerry commented that she believed this project would be beautiful. Her concern was that Walker Street is a major arterial, there will be a narrow street exiting onto Walker and ultimately two streets. The center left turn lane could be a potential problem, she had encouraged one street from both properties and she would vote no. RESOLUTION NO. 4647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-6 - WITH CONDITIONS. 7 CITY COUNCIL MINUTES June 10, 1996 RESOLUTION NO. 4648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 15284 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES:3 COUNCILMEMBERS: Age, Carroll and Jones NOES:I COUNCILMEMBERS: Kerry ABSENT:0 COUNCILMEMBERS: None ABSTAINED:1 COUNCILMEMBERS: Bowman Mayor Bowman announced that Item No. 21, under New Business, Consideration of Donation Request from Rudy Lara, Manager of the Cypress Rockies, would be moved forward. NEW BUSINESS: CONSIDERATION OF DONATION REQUEST FROM RUDY LARA, MANAGER OF THE CYPRESS ROCKIES: The City Manager referred to the staff report dated June 6, 1996, to which was attached a copy of a communication from Mr. Lara requesting City Council's consideration for financial support for their travel baseball team who has been selected to represent California in the 1996 AAU World Series Championship Tournament to be held in Kansas City, MO, August 3-10. He then asked Mr. Lara to present his request. Mr. Lara stated that the Cypress Rockies are a traveling hardball baseball team and he Introduced some of the coaches, the Business manager, administrators, the team mom and the team members. He advised that they have been fund raising and anticipate that each ball player will have to raise about $1,000 to fund the trip. They are encouraging businesses to help them in their fund raising. Responding to Mayor Bowman's inquiry, Mr. Lara answered that they team is asking $10,000 from the Council and they would raise the other $7,000. Councilmember Age remarked that she was considering a letter from the Mayor asking for donations, in-kind contributions or matching funds. She suggested that the team might want to participate in the upcoming Community Festival to raise funds. Councilmember Carroll said that when it comes to spending taxpayers money, he spends it very carefully and he could not justify spending it on a team going to Kansas City. He would only vote for a promotional item that would help in their fund raising. Councilmember Jones agreed with sending a letter from the Mayor introducing the Cypress Rockies to the Cypress business community. Councilmember Kerry asked for an address so residents of the community that had any ideas could contact that person with their suggestions. Mr. Lara requested that any inquiries be sent to their Business manager Ed Real, 17902 Holmes Avenue, Cerritos, 90703. it was moved by Councilmember Carroll and seconded by Councilmember Jones to receive and file the report. The motion unanimously carried by the following roll call vote: AYES-. 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF MODULAR BUILDINGS FOR LONG-TERM OR TEMPORARY USE: The City Manager asked the Community Development Director to summarize the staff reports dated May 2 and June 3, 1996, which advised that when this issue was previously discussed, the Council members indicated that, in the interim, they would like to review requests for modular and other long-term or temporary buildings on a case- bv-case basis. Direction was also given to provide additional research on building and planning codes related to modular, trailer and other temporary buildings. Primarily, the Council wanted clarification on what differences exist for the review and processing of modular buildings for either long-term or temporary use. The differences include aesthetics/architectural quality, degree of conditions placed relative to permanency of 8 CITY COUNCIL MINUTES June 10, 1996 building such as off-site and on-site improvements including parking, placement on jacks versus permanent foundation, building inspection of construction versus verification of State approval sticker. The Building official was present to answer questions from the council. mayor Bowman asked if there was a residential earthquake standard that could be applied to non-residential and the Building official mentioned the State standards and the City would need to develop their own. Councilmember Age agreed with Mayor Bowman that each of these issues would need to be decided on a case-by-case basis. Councilmember Carroll commented that the policy direction should be a case-by-case basis as the options are set. Councilmember Kerry felt that some standards should be set if the modular buildings are being used for classrooms. Mayor Bowman said that he was more interested in the safety standard than the aesthetics and should be the major concern. The Community Development Director advised that staff would be returning to Council with the proposed code amendment. CONSIDERATION OF APPEAL FILED BY CALVIN HOEY REGARDING PUBLIC NUISANCE LOCATED AT 4881 CATHY AVENUE, CYPRESS: The City Manager read, for the record, a communications that was received from Mr. Hoey late this afternoon, asking for a time extension. The Community Development Director advised that it was indicated in the staff report dated June 5, 1996 that the property was posted with a Notice to Abate a Nuisance and an attached Notice of Public Nuisance list on May 7, 1996. Staff projected pictures of the property on the screen that were taken on the date of the inspection. Additionally, two sets of certified/return receipt and two sets of regular mail were mailed to Mr. HoeV. The property owner appealed, which is why it is before the Council this evening. Mr. Joe Forbath, Assistant City Attorney, Woodruff, Spradlin and Smart, advised that this Property has been an on-going situation since June, 1995 and the initial concerns with the Property were in the front yard. After much delay and significant extensions of time given to Mr. HoeV, the front yard was cleared but the back yard was worse. Mr. Hoev has requested numerous extensions and if the Council denies his appeal, he will have an additional 14 days to clean the property. if this extension is granted, he pointed out that if this matter is raised again at a different meeting there will always be the 14 day period at the end of the extension. It was moved by Councilmember Jones and seconded by Councilmember Age to deny the appeal of Calvin Hoey and direct the City Attorney to obtain a Civil Abatement Warrant to clean up the premises. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF REQUEST FOR ADVERTISING IN THE CYPRESS CHAMBER OF COMMERCE'S 1996-97 BUSINESS DIRECTORY: The City Manager reviewed the staff report dated June 6, 1996, which described the request submitted by Mr. Andrew Lachina, President of the Chamber, for the City Council to consider advertising on the front cover of the new Chamber Business Directory. The cost for a full color ad is S4,000 with a publication and delivery date of January 1997. Sheila Elkin, Executive Director of the Chamber answered questions posed by the Council on timing, cost of the directory, purchase price, organization of the business classifications and cover design. It was moved by Councilmember Kerry and seconded by Councilmember Jones to authorize the purchase of a full color ad on the front cover of the 1996-97 Chamber Business Directory, in the amount of $4,000, and direct staff to assist in the design of the cover and return to Council for approval of the final design. The motion unanimously carried by the following roll call vote: 9 CITY COUNCIL MINUTES June 10, 1996 AYES:5COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0COUNCILMEMBERS: None ABSENT: 0COUNCILMEMBERS: None CONSIDERATION OF EXTENSION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS: The City Manager called upon the Finance Director to summarize the staff report dated June 3, 1996, which advised that each year the Redevelopment Agency submits a Statement of Indebtedness to the County. Based on the Statement, tax increments are distributed to the Agency. On June 15,1996, three promissory notes totaling $3,100,000 will mature and based on the Agency's continued needs for FY 96-97, staff recommended that the notes be extended until September 1, 1996. The three promissory notes would continue to pay the same interest rate (prime rate plus one percent) and be payable from future tax increment revenue or other sources available. It was moved by Councilmember Age and seconded by Councilmember Kerry to authorize City staff to extend until September 1, 1996 the Repayment Agreement and the three Promissory Notes (Exhibit B) in the amount of $3,100,000 with the Redevelopment Agency with the repayment by the Agency to be made from future tax increments or other sources from the project areas. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF ADDENDUM #1 TO MAINTENANCE EMPLOYEES'ASSOCIATION MEMORANDUM OF UNDERSTANDING AND AUTHORIZING RESOLUTIONS REGARDING ALCOHOL AND CONTROLLED SUBSTANCE POLICY AND TESTING PROGRAM FOR COMMERCIAL MOTOR VEHICLE DRIVERS RELATING TO REGULATIONS ISSUED BY THE FEDERAL HIGHWAY ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION: Mayor Bowman advised that there has been a request to continue this item. It was moved by Councilmember Kerry and seconded by Councilmember Jones to continue this item to the Council meeting of June 24,1996. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF RESIGNATION OF CATV COMMISSIONER NICK EIGHMY: The staff report dated June 6, 1996 Indicated that Nick Eighmy had resigned from the cypress Cable Television Commission, effective June 6,1996. Attached to the report were copies of applications of previous interested citizens interviewed in September and October 1995. In addition, was a copy of an application submitted by William Sanchez who was out of the country at the time of the oral interviews. It was the consensus of the Council to reinterview all the remaining applicants and set an interview date of 4:30 p.m., July 8,1996. CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21164 - 21366: It was moved by Counclimember Carroll and seconded by Councilmember Age to approve the Warrant List for Warrants No. 21164 through 21366 in the amount of $1,482,657.97. The motion unanimously carried by the following roll call vote: AYES:5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES:0 COUNCILMEMBERS: None ABSENT:0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 9:35 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 9:36 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The Administrative Services Director announced that the City, through a grant from the California Integrated Waste Management Board, is promoting the recycling of used 10 CITY COUNCIL MINUTES June 10, 1996 motor oil and free containers are available at City Hall. The containers will also be available at the Community Festival. Mr. Don Wesling, 11431 Anegada Street, Cypress, felt that he didn't receive answers to the questions he had asked at the May 13 meeting. His questions had to do with the increase in trash pick-up fees. Specifically, his estimate of what people throw away is about 40 lbs per household. He referred to the postcard received regarding the increase in landfill disposal fees and the resulting increase in trash fees to the homeowner. He remarked that the Orange County Landfill has lowered their tipping fees but he has not seen a commensurate decrease in the homeowners' costs and he asked for an explanation. Councilmember Age reminded the audience that she and Councilmember Kerry will be hosting an open forum for anyone who will be running for C!tV Council in November on Monday, June 17 at 7:30 p.m. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda ADJOURNMENT: Mayor Bowman adjourned the meeting at 9:45 p.m. to Monday, June 24, 1996 at 5:00 p.m. in the Administrative Conference Room. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS