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Minutes 85-02-11 277 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 11, 1985 The regular meeting of the Cypress City Council was called to order at 7:37 p.m., on Monday, February 11, 1985, in the Council Chambers of City Hall, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Council Members Coronado, Lacayo, Mullen, Partin and Kanel ABSENT: None Also present were Darrell Essex, City Manager; Mark Huebsch, City Attorney, and the following staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst, Lowenberg and Venables. PLEDGE OF ALLEGIANCE: Councilman Lacayo led the Pledge to the Flag. ORAL COMMUNICATIONS: Mayor Kanel asked if anyone wished to speak on any item that was not on the Agenda. Noone wished to speak. STAFF REPORTS AND DISCUSSION: Mr. Essex distributed a staff report dated February 11, 1985, reporting that a communication was received late today from the State requesting that the City transfer the $2,202,000 1984 Private Activity Bond allocation back to the State if it will not be used by the City by February 25, 1985. No requests have been received by the City of Cypress for Industrial Development Bond Financing in 1984, therefore staff recommended that the City Council adopt the Resolution transferring Cypress' 1984 Private Activity Bond allocation to the State of California. Mayor Kanel added this item to the Consent Calendar as Item No. 15-A; Mr. Essex also distributed revised copies of the agreements with the various employee associations reflecting minor changes for Council review; and requested a closed session for personnel matters. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT - JOSEPH BECK'S PIZZA PUB & GRUB, 5591 LINCOLN AVENUE, CYPRESS: Mr. Essex presented a staff report dated February 5, 1985, representing a request to allow a variety of nightly entertainment between the hours of 8:00 p.m. and 1:00 a.m. which would include a 3-4 piece Country, Rock or Blue Grass band, dancing by the patrons, and the conduct of talent, comedy and/or dance contests at Joseph Beck's Pizza Pub & Grub, 5591 Lincoln Avenue. The Police Deparment has conducted a full investigation and has found no basis to protest the application. Mr. Joseph Chambers, 7600 Jackson, Buena Park, was present to answer questions from the Council. Mr. Reuel Hoff, 5652 Danny Avenue, Cypress, spoke in opposition to this permit, expressing concern over the noise that the establishment would create. The City Council assured Mr. Hoff that if any problems arise from approval of this permit, the Council does have the right to reconsider and revoke the permit if necessary. After considerable discussion, Councilman Lacayo moved to close the public hearing and approve the permit subject to the condition that the Council reserves the right to review and revoke the special entertainment permit if any problems arise. The motion was seconded by Councilman Mullen. Discussion continued with Councilman Mullen indicating that the entertainment should be given a chance, however he expressed reservations because of the location of the establishment to the Cypress Lodge and the probable lack of adequate soundproofing for the entertainment uses due to the fact that this building was not constructed with entertainment in mind. Mr. Essex clarified the condition as proposed in the motion as follows: That the City Council shall maintain on-going jurisdiction over the hours of operation of the live entertainment and may modify said hours of operation or revoke the live entertainment permit if it is determined that the business is being operated in a matter detrimental to the community or materially injurious to properties or improvements in the vicinity. ") .7t 8 C . I . ~l Y ounCI MInutes February 11, 1985 Following discussion, the motion to approve the application for a live entertainment permit, subject to conditions, carried by the following roll call vote: A YES: NOES: ABSENT: ABST AIN: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None None Coronado Councilman Lacayo requested that the Police Department contact the owner to find out when he intends to begin the entertainment and have an officer monitor the sound levels from outside the buildin~ and report to Council on his findings. Councilman Mullen suggested that the doors to the business remain closed at all times. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-1, THE BREAD BOARD, 5550 CERRITOS A VENUE, UNIT I, ON-SALE BEER & WINE: The Planning Director summarized the staff report dated February 4, 1985, a request from William J. Rivera, 10533 Progress Way, Unit D, to allow the establishment of the Bread Board restaurant with the on-premise sale of beer and wine at 5555 Cerritos Avenue, Unit I. Ms. Eynon explained that the restaurant is currently located at 10533 Progress Way, Unit D, which is within the same industrial complex as the proposed site. The applicant wishes to relocate his business to Unit I, so as to benefit from the increased exposure gained from the Cerritos A venue frontage. The Bread Board has been in operation in the Cypress Commercenter for a total of five years, four of which included on-sale beer and wine, and no problems have resulted from the operation. Staff recommended approval subject to conditions. Mr. William Rivera, 19938 Bushard, Huntington Beach, was present to answer questions from the Council. There was no opposition to the Conditional Use Permit. It was moved by Councilman Mullen and seconded by Councilman Partin to close the public hearing and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-1, subject to conditions. RESOLUTION NO. 2870 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-1 - WITH CONDITIONS. The motion uanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF PUBLIC HEARING RE: ADOPTION OF THE 1985 HOUSING ELEMENT AMENDMENT OF THE CITY'S GENERAL PLAN: Assistant Planner Mary Venables summarized the staff report dated February 4, 1985, regarding the adoption of the 1985 Housing Element Amendment of the City's General Plan. Ms. Venables stated that Government Code Article 10.6, Sections 65580 - 65589.5 requires that all cities update the Housing Element of their General Plan every five years to evaluate the effectiveness of the document, the progress of the City in implementing the document and the appropriateness of the goals, objectives and policies in contributing to the achievement of the State housing goal. Staff updated the General Plan and forwarded the draft to the State of California, Department of Housing and Community Development for their review and comment. The State's response indicated that the Cypress Housing Element is a well written, comprehensive document that adequately describes the City's housing needs and characteristics and includes a thorough description of ongoing housing programs to meet specified housing needs. There was no opposition to the Housing Element General Plan update. After brief discussion, it was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and adopt the Resolution by title only, title as follows, approving the 1985 Housing Element Amendment of the City's General Plan. -2- City Council Minutes February 11, 19!!79 RESOLUTION NO. 2871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING THE 1985 HOUSING ELEMENT AMENDMENT OF THE GENERAL PLAN FOR THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COPNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None The Council commended staff on a job well done. CONSIDERATION OF PUBLIC HEARING RE: CYPRESS LIGHTING DISTRICT NO.2 - 1985: The Public Works Director presented a staff report dated January 31, 1985, SiiiTiITiarizing the two Resolutions that have been prepared to accomplish the final procedures required under the Street Lighting Act of 1919 for calendar year 1985. The first Resolution approves, confirms and adopts the report of the City Engineer dated January 17, 1985, ordering the improvements to be made and the second Resolution names and orders the Southern California Edison Company as the only contractor capable of improving and servicing the street lighting system in Cypress Lighting District No.2. There was no opposition to the proposal. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and to adopt the Resolutions by title only, titles as follow, confirming the report submitted by the City Engineer and naming Southern California Edison as the contractor for the lighting system in Cypress Lighting District No.2. RESOLUTION NO. 2872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED JANUARY 17, 1985, PREPARED PURSUANT TO RESOLUTION NO. 2860 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 2867 OF SAID COUNCIL, AND THE PLANS, SPECIFICIATIONS AND ESTIMATE CONTAINED IN SAID REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO. 2868 AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARING NO. 2869, ALL IN ACCORDANCE WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". RESOLUTION NO. 2873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAP ABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM IN CYPRESS LIGHTING DISTRICT NO.2 AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 2872, OF SAID COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None At this time Mayor Kanel introduced Emery Baggs, of the Monterey Homeowners Association, who discussed the status of the fund raising by the Committee for the additional police dog for the Cypress Police Department. Mr. Baggs stated that donations to date are -3- ~~o C1Yy Council Minutes February 11, 1985 approximately $10,000, and outlined the various solicitation activities that were held to raise the funds. Mr. Baggs reported that June 1 will mark the end of the fund raising drive. The City Council indicated support to allocate the remaining needed funds to purchase the dog. The Council thanked and commended Mr. Baggs, as well as all who participated in the fund raising. Mayor Kanel suggested that the Council present the Committee with a commendation at the first meeting in June. CONSIDERATION OF AWARD OF CONTRACT FOR THE PURCHASE OF MACINTOSH PERSONAL COMPUTE~, REQUEST FOR QUOTATION NO. 8485-24: Mr. Essex presented a staff report dated February 4, 1985, outlining the eleven bids received for the purchase of the Macintosh personal computer. The Macintosh would allow staff to produce custom designed graphs and charts for quality financial and budget presentations, and for possible use for investment tracking, revenue estimating and salary projections. It was moved by Councilman Lacayo and seconded by Councilman Mullen to transfer $3,025 from account 4512-90-656-35 to account 4550-90-656-35; accept the bid from TAI Computer Store, 5321 University Drive, Suite D, Irvine, as the lowest responsible bidder; and authorize the purchase of a Macintosh system from T AI Computer Store in the total amount of $3,024.18. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSENT CALENDAR: All matters listed 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. It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve Consent Calendar Item Nos. 6 - 15-A. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Item No.6: Motion to Approve City Council Minutes of the Regular Meeting of January 28, 1985. Recommendation: That the City Council approve the Minutes of January 28, 1985 as submitted, with Councilman Mullen abstaining due to his absence at the meeting. Item No.7: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No.8: Consideration of Claim Filed by Lawrence P. Casey, Attorney, On Behalf of Katherine M. Lawson. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No.9: Consideration of Claim Submitted by John Noehl Schmitz. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 10: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids for the Construction of the Community Development Project, Tenth Year H/CD Program to Improve Vonnie Lane from Walker Street to Cypress Avenue, and Cypress Avenue from Vonnie Lane to Danny Avenue, City of Cypress Project No. 8319-10. -4- City Council Minutes February 11, laSl Recommendation: That the City Council approve the Plans and Specifications for the Construction of the Community Development Project, Tenth Year H/CD Program to Improve Vonnie Lane from Walker Street to Cypress Avenue, and Cypress Avenue from Vonnie Lane to Danny Avenue, City of Cypress Project No. 8319-10, and authorize the City Clerk to advertise for bids, with bids to be opened on March 12, 1985, at 2:00 p.m., in the Office of the City Clerk. Item No. 11: Consideration of Claim Filed by Thomas D. Weaver, Attorney, on Behalf of David S. Mikus. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 12: Consideration of an Alcoholic Beverage License Application Filed by Barbara Ann & Joseph Paul Dawkins and Ronald E. & Ruth E. Venrick, D.B.A. J.R.'s Place, 10461 Denni Street, Cypress. Recommendation: Receive and file. Item No. 13: Consideration of Final Action to Vacate a Portion of International Avenue - City Project No. 8437-10. Recommendation: That the City Council adopt the two Resolutions by title only, titles as follow, which are necessary to finalize the vacation of a portion of International Avenue. RESOLUTION NO. 2874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS THE PLANNING AGENCY OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, FINDING THAT THE VACATION OF A PORTION OF INTERNATIONAL AVENUE IS IN CONFORMANCE WITH THE CITY'S GENERAL PLAN. RESOLUTION NO. 2875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, TO SUMMARILY VACATE A PORTION OF INTERNATIONAL AVENUE. Item No. 14: Consideration of Authorization for the Assistant City Manager to Attend the 55th Annual Meeting of the California Self-Insurers Association. Recommendation: That the City Council authorize the attendance of Assistant City Manager David Barrett to the 55th Annual Meeting of the California Self-Insurers Association to be held on March 6 - 8, 1985, in Monterey, California, and be reimbursed for all actual and necessary expenses incurred. Item No. 15: Consideration of Adoption of Resolution Establishing Salaries and Working Conditions for City and District Employees Represented by the Cypress Employees' Association, the Cypress Maintenance Employees' Association, and the Cypress Public Works Maintenance Supervisors' Association. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation & Park District, adopt the Resolution by title only, title as follows, establishing salaries and working conditions for the City and District employees represented by the employee associations outlined in the report. RESOLUTION NO. 2876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE EMPLOYEE ASSOCIATIONS CONCERNING WAGES, SALARIES, FRINGE BENEFITS, AND CONDITIONS OF EMPLOYMENT. Item No. 15-A: Consideration of Adoption of Resolution Transferring a Portion of the Private Activity Bond Allocation of the City of Cypress to the State of California. -5- 282 City Council Minutes February 11, 1985 Recommendation: That the City Council adopt the Resolution by title only, title as follows, transferring a Portion of the Private Activity Allocation of the City of Cypress to the State of California. RESOLUTION NO. 2877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TRANSFERRING A PORTION OF THE PRIV ATE ACTIVITY BOND ALLOCATION OF THE CITY OF CYPRESS TO THE STATE OF CALIFORNIA. CONTINUATION OF CONSIDERATION OF ALTERNATIVES TO LANDSCAPED BERM ADJACENT TO STANTON STORM CHANNEL: The Public Works Director presented a staff report dated February 1, 1985, outlining the three alternatives available to complete the landscaped earth berm buffering the industrial and residential areas in Districts 41 and 42 adjacent to the Stanton Storm Channel. The berm is planned to extend a full mile between Valley View and Knott Streets; it is to be 8 feet high, occupy a width of 30 to 35 feet; and be fully landscaped and include an automatic sprinkler system. The three alternatives available are as follows: 1) Complete the berm as orignally planned - when mature, the landscaped berm would provide a very aesthetically-pleasing barrier over 15 feet high; 2) Berm/Wall concept - since 35% of the total berm is in place and paid for by several developers, removal would probably be a prohibitive expense. This plan would extend east and west to Knott Street and Valley View Street, leaving the berm in place as the center third of the buffer; or 3) Full wall concept - to effectively curtail the attractiveness of the berm to children's playing, removal would be necessary, however it is felt that developers who have already satisfied the berm requirement would object to removing their portions and then paying the cost of constructing a new barrier. The agreement with the developers adjacent to the Stanton Channel stipulates that the City will form an assessment district to fund perpetual maintenance of the berm after the improvements have been properly installed and accepted by the City. Mr. Beardsley presented graphs of the individual alternatives and a video tape on the,Stanton Storm Drain Channel depicting the aesthetics as well as the safety problems. It was moved by Councilman Lacayo and seconded by Councilman Coronado to reaffirm support of the landscaped berm barrier to be constructed along the entire reach of the Stanton Storm Channel from Valley View Street to Knott Street and direct staff to expedite formation of the maintenance assessment district subject to the cooperation of the adjacent industrial property owners. Councilman Partin indicated that he does not approve of the berm idea and never has, stating his opinion that it will not work and suggested researching other alternatives. Mayor Kanel suggested a withdrawal of the motion and a continuance to the next meeting to allow him ample time to inspect the site. Councilman Coronado indicated that he would not withdraw his second to the motion, stating that the berm is necessary and would be attractive. It was moved by Councilman Mullen and seconded by Councilman Partin to table this item until the meeting of March 11, 1985 to give Mayor Kanel, as well as the Council members, a chance to inspect the site. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONTINUATION OF CONSIDERATION OF VACANCIES ON THE RECREATION AND COMMUNITY SERVICES COMMISSION, SENIOR CITIZENS COMMISSION, AND THE TRAFFIC COMMISSION: Mr. Essex presented a staff report dated February 5, 1985, for consideration of vacancies on the Recreation and Community Services Commission, Senior Citizens Commission, and the Traffic Commission, which was continued from the meeting of January 28, 1985. Councilman Mullen moved to reappoint William Davis to the Recreation and Community Services Commission; and D. Michel Belsky, Elsie Carruthers and Donald Kennedy to the Traffic Commission. Mayor Kanel clarified, due to Councilman Mullen's absence from the previous meeting, that the reason for the continuance of this item was to get Councilman Mullen's input, as well as -6- City Council Minutes 9 Q~) February 11, I~W' to consider advertising for interested candidates. Councilman Mullen expressed his opinion that the Commissioners are all performing well and felt they should be reappointed, however he withdrew his motion to allow further discussion. Councilman Coronado reiterated that he has been contacted by a number of people expressing interest in serving on the various commissions, therefore, again indicated his support to advertise for appointments, but added that this suggestion in no way reflects his opinion of the Commissioners' performance. Mayor Kanel indicated that it is good to advertise to enable those interested to apply. Councilman Partin indicated that he was in favor of reappointing the present Commissioners. Councilman Lacayo stressed the need for the entire Council to agree on this issue. After discussion, Councilman Mullen again moved to reappoint Bill Davis from the Recreation and Community Services Commission; and D. Michel Belsky, Elsie Carruthers and Donald Kennedy to the Traffic Commission. The motion was seconded by Councilman Partin and carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel Coronado None Councilman Lacayo suggested that in the near future the Council may wish to consider limiting the Commissioners' terms to one. RECESS: Mayor Kanel called a recess at 9:12 p.m. and the meeting reconvened at 9:17 p.m. CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 85-1, FIVE-STORY OFFICE BUILDING, NORTHWEST CORNER OF VALLEY VIEW STREET AND PLAZA DRIVE, MDC REALTY: The Planning Director presented the staff report dated February 5, 1985, which summarizes the request from MDC Realty, 2201 Martin Street, Suite 107, Irvine, to construct a five-story office building containing approximately 106,065 square feet in area at the northwest corner of Valley View Street and Plaza Drive. Ms. Eynon also showed diagrams of the site, elevation and floor plans for the proposed project. The Council looked at a model of the building which was provided by the contractor to give Council a better idea of what the building would look like due to the irregular shape of the parcel. Initially the proposed structure was designed at a height of 82 feet and was approved by the FAA; the building height has since been reduced to 78 feet which is under the ceiling height established for notification to the Orange County Airport Land Use Commission. However, staff did contact the ALUC and they indicated that they had no problem with the proposal, but did request that hazard lights be required as a condition for safety purposes, which was added as Condition No. 31 to Exhibit "A". Mr. Merle Pautsch, Vice President of Development for MDC Realty Company, spoke in support of the proposal and indicated that a tenant is available for the building, therefore the Company would like to complete this project as soon as possible. Mr. Pautsch requested discussion of Condition No.5 in Exhibit "A" relating to the covering of the Bolsa Chica Channel from the north side of the railroad right-of-way to Plaza Drive. Mr. Pautsch stated that he has been in contact with the County Flood Control District and anticipates that the District will approve the three existing pipe culverts as adequate, therefore, MDC would only be required to develop the box culverts from the south side of the railroad right-of-way to Plaza Drive. However, Mr. Pautsch indicated that if MDC is required to cover the north side of the railroad tracks it would be costly and cause time difficulties for the completion of the project. Mr. Pautsch questioned the possiblity of the construction of the culvert being timed with the development of the northern adjacent property. Discussion continued regarding alternatives to the completion of the flood channels with Mr. Essex adding that typically the first developer pays for the entire development and then the City issues a reimbursement agreement for 1/2 of the cost. Mr. Essex suggested Condition No.5 be numbered A, B, and C with the first Paragraph of Condition No.5 revised to require that the applicant resolve the drainage of the Bolsa Chica Channel under the railroad tracks, and that the Director of Public Works determine one of the following: A) If the existing pipe culverts are adequate, no additional work will be required; B) If the existing pipe culverts are inadequate, the applicant shall bond for one-half -7- ~81tCouncil Minutes February 11, 1985 of the cost of constructing a box culvert in the future; or C) If the existing pipe culverts are inadequate and the other improvements would preclude the future construction of a box culvert, the applicant shall construct a box culvert immediately. Mr. Pautsch mentioned that due to cost effectiveness, gray windows may be an alternative to the blue reflective glass. Ms. Eynon added that if the Company does change the color of the glass, it would have to return to Design Review for approval. Mr. Pautsch also questioned the possibility of the removal of the billboard sign adjacent to the property in question and Mr. Essex stated that staff would work with the Company on this issue. It was moved by Councilman Lacayo and seconded by Councilman Coronado to receive and file the report with the addition of Condition No. 31 stating that hazard lights are to be installed as per the original recom mendation of the FAA and also to include the previously discussed changes to Condition No.5. The motion unanimously carried 5-0. Colonel Brandt, of the Los Alamitos Air Base indicated that the building meets all clearance criteria that would affect the Base. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING SALARIES AND WORKING CONDITIONS FOR CITY EMPLOYEES REPRESENTED BY THE CYPRESS PUBLIC SAFETY EMPLOYEES' ASSOCIATION: Mr. Essex requested that this item be continued because the agreement has not been received. Hearing no objections, Mayor Kanel continued this item to the meeting of February 25, 1985. CONSIDERATION OF AGREEMENT FOR EMPLOYMENT RELATIONS SERVICES AS A PART OF THE ORANGE COUNTY CONSORTIUM: Mr. Essex presented a report dated February 6, 1985. The City has met with several of the Orange County Cities in an effort to create an Orange County Employment Relations Consortium which would share costs for the services of a firm having expertise in training and consulting in the area of employee relations. This consortium is presently being established with the County of Orange and eight Orange County cities with an additional five cities interested in joining. The services of a law firm has been obtained to provide six training workshops and unlimited consultant services by phone on matters of employee relations at a cost of $1,041 per member city. It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve the City's membership in the Orange County Employment Relations Consortium and to authorize the City Manager to execute the Agreement with the firm of Liebert, Cassidy & Frierson, in the amount of $1,041. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF APPROPRIATION OF FUNDS FOR BUILDING CODE CONSULTING SERVICES: The Public Works Director presented a staff report dated February 1, 1985. The Cypress City Code includes, by reference, 11 uniform codes regulating building construction. The editions adopted by the City, along with their amendments, have been superseded by recent adoption of later editions by the State of California. The City, by law, has a limited time to also adopt these later editions and invoke any desired amendment; if it does not act in a timely manner, the State laws will prevail and the City cannot continue to restrict certain types of construction, such as untreated shake roofs and aluminum wiring. The first deadline for the City to adopt amendments to the Electrical Code is April 30, 1985. Nearly all the others must be adopted by July 1985. The process of reviewing and developing amendments to the City's codes is a complex process which is beyond the Building Division's present time availability to meet the imposed deadlines; therefore, professional assistance is recommended. It was moved by Councilman Lacayo and seconded by Councilman Mullen to direct the transfer of $3,500 from unappropriated reserves to Account No. 4187-11-241.09; authorize the retention of Willdan Associates to perform the work as described; and direct the transfer of $800 from unappropriated reserves to Account No. 4105-11-241.09. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF SUPPORT FOR THE PROPOSED ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND: The Public Works Director presented a staff report dated January 31, 1985 which indicated that a communication had been received from the -8- City Council Minutes February 11, 19'!l85 Orange County Transportation Commission soliciting input and support for creation of an Orange County Unified Transportation Trust Fund. The Commission's proposal is to take the interest earned on the $85 million local Transportation Fund revenues, which are held for future transit projects, and place the interest earnings into a separate trust fund to be used for street and road improvements, needed freeway improvements, and other transportation projects. It was moved by Councilman Mullen and seconded by Councilman Lacayo to accept staff's recommendations to supgort the formation of the Orange County Unified Transportation Trust Fund subject to the establishment of mutually-agreeable guidelines for its administration; to reaffirm its support of the precepts of the Arterial Highway Financing Program and urge that this program continue to be supported by the County as the most effective means by which Gas Tax funds may be distributed; and direct that its action on these matters be transmitted to the Board of Supervisors of the County of Orange and the Orange County Transportation Commission. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 7936 - 8176: It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve the Warrant List for Warrants No. 7936 - 8176, in the total amount of $498,046.22. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-61(A) AND ADDING SECTION 2-66 TO THE CYPRESS CITY CODE RELATING TO THE SENIOR CITIZENS 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 amending the City Code Section relating to compensation for members of the Senior Citizens Commission. ORDINANCE NO. 739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-61(A) AND ADDING SECTION 2-66 TO THE CYPRESS CITY CODE RELATING TO THE SENIOR CITIZENS COMMISSION. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Councilman Lacayo, referring to the January 8 Recreation and Community Services Commission meeting minutes, suggested that the City allocate the funds necessary to enable all four Recreation and Community Services Commissioners to attend the 1985 California Park and Recreation Society's State Conference in Sacramento, March 1 - 4, 1985. The Commission has adequate funds to enable three of the Commissioners to attend, and had planned to pool the funds available for the three Commissioners and then split it equally among all four, with each Commissioner picking up the excess, thereby enabling all four to attend. It was moved by Councilman Lacayo and seconded by Councilman Mullen to transfer $500 from the General Fund to Account No. 4206-12-328-10. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None -9- 286 City Council Minutes February 11, 1985 Mayor Kanel reported his concern regarding large companies hiring young children to sell candy and miscellaneous items door-to-door. He indicated that a young girl, working for Sullivan Home Products, was selling candy in his neighborhood after dark one evening. Mayor Kanel requested that staff check to see if a business license was obtained and what restrictions apply. CLOSED SESSION: Mayor Kanel called a Closed Session for personnel at 10:00 p.m. and the meeting reconvened at 11:00 p.m. AJOURNMENT: It was moved by Mayor Kanel, seconded by Councilman Lacayo, and unanimously carried to adjourn the meeting at 11:00 p.m. Y OF CYPRESS ATTEST: U!i& ? " // . ..iT. /'/ '"'J-' . // /. CITyLC~R)f6F TH~~I 'y OF CYPRESS -10-