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Minutes 85-05-13 332 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 13, 1985 The regular meeting of the Cypress City Council was called to order at 7:37 p.m., on Monday, May 13, 1985, in the Council Chambers of City Hall, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Council Members Mullen, Partin and Kanel ABSENT: Council Members Coronado and Lacayo Also present were Darrell Essex, City Manager; Mark Huebsch, City Attorney, and the following staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst and Lowenberg. PLEDGE OF ALLEGIANCE: Councilman Mullen 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. Barbara Howell, 4452 Patricia Drive, Cypress, spoke in connection with Item No.1 on the Agenda concerning the construction of a restaurant at 4499 Cerritos A venue. Mrs. Howell expressed her opinion that J.R.'s Place, a beer bar located north of the proposed restaurant site, is an eyesore and should be removed. Ron Howell, 4452 Patricia Drive, Cypress reported that years ago the City Attorney had indicated that the zoning classification for the beer bar would change and subsequently the bar would be removed. Councilman Mullen suggested that staff research the status of the bar and return with a report. Mayor Kanel so ordered. Mayor Kanel declared the Public Hearings now open. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-9, RESTAURANT IN CN ZONE, 4499 CERRITOS AVENUE, CYPRESS: The Planning Director presented a staff report dated May 2, 1985. The City Council continued this item from the meeting of April 22 due to the applicant's failure to adequately notice all property owners with 300 feet of the subject site, as required by State law. The error has been corrected and all property owners within 300 feet have been duly notified. This application is a request to construct a 2,796 square foot sit-down, family-style restaurant at 4499 Cerritos A venue which does not serve alcohol and is not affiliated with the adjoining bar. Staff felt that the proposed use conforms to the intent and zoning of the Commercial Neighborhood Zone and will provide a convenient service to the businesses and residents in the surrounding area and, therefore, recommended approval subject to conditions. Mr. Essex read a letter into the record that had been submitted by Deigh Boyd, Attorney, on behalf of Barbara Oswalt, which indicated that she was not in opposition to the proposed project, but was concerned that adequate parking would be available. The Planning Director indicated that ample parking would exist and reported that a few phone calls had been received inquiring whether: 1) the restaurant would be a drive-thru; 2) serve alcohol; 3) involve an expansion of the adjoining bar (J.R.'s Place); or 4) become a hang out for kids. Mr. Richard Borden, 4457 East La Palma, Anaheim, Project Engineer, spoke in support of the project and was present to answer questions from the Council. Mr. John Argyros, 2398 Spring Street, Long Beach, property owner, was present in support of approval. Mr. John Buzas, from the law offices of Sam Gabriel, was present to address Council concerns. Mrs. Barbara Howell, 4452 Patricia Drive, again spoke concerning the project and stressed the need for adequate parking and her opposition to the possibility of overflow cars parking in the alley. Mr. Ron Beglin, 4492 Patricia Drive, explained that heavy pedestrian and vehicle traffic City Council Minutes May 13, 1985 333 exists behind the bar and that the alley behind the center is used for employees' cars, as well as trucks parking for the weekend. Mr. Beglin indicated his main concern to be the speeding vehicles driving from the alley onto Denni and suggested speed bumps to control the speed. Mr. Beglin concluded by reporting that the City does not clean the sidewalks at the corner of Patricia and Denni. It was moved by Councilman Partin and seconded by Councilman Mullen to close the public hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-9 subject to conditions. RESOLUTION NO. 2915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85--9 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo Councilman Mullen indicated that the concerns would be looked into but warned that the City Council has limited control over private property. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-10, EXPANSION OF AN EXISTING SERVICE STATION, 9500 VALLEY VIEW STREET, CYPRESS: Planning Director Chris Eynon presented a staff report dated May 6, 1985, which represents a request to expand an existing service station to install an additional gasoline island containing two gasoline pump dispensers and expansion of the existing canopy at 9500 Valley View Street. During an inspection of the site staff had observed an outdoor car lift measuring approximately 10' by 20' located to the south of the building which was constructed without a permit and is not in conformance with the Zoning Ordinance. Staff indicated that it would be necessary to remove the outdoor car lift structure in order to comply with the Zoning Ordinance and provide the necessary aisle width. The remainder of the site is substantially in conformance with the development standards of the CG Com merciaI General Zone with the exception of the landscaped areas. Landscaped planters are required adjacent to the block walls located along the east and south property lines. Ms. Eynon requested the addition of Condition No. 13, to read that "no sign shall be displayed for which permits are not issued". Tufan Ince, 3701 Wilshire, Suite 830, Los Angeles, asked for clarification of Condition Nos. 7, 8 ,md 9. Mr. Ince requested that Condition No.3, which states that the corner cut-off easement shall be dedicated to the City for roadway purposes, be deleted. Public Works Director Bob Beardsley indicated that Condition No.3 is a standard condition, but that staff would investigate to determine if that requirement could be deleted. There was no opposition to this request. It was moved by Councilman Mullen and seconded by Councilman Partin to close the public hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-10 subject to conditions, to include the addition of Condition No. 13, with Condition No.3 to be determined by the Public Works Director. RESOLUTION NO. 2916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-10 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo Councilman Partin requested that staff investigate the permits of all self-service gas stations to check if water and air is provided. City Attorney Mark Huebsch indicated that he would research the concern to determine the degree of jurisdiction the City has to enforce this type of requirement. -2- City Council Minutes 334 Ma y 1 3, 1 9 8 5 CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-12, FARMING CONTRACTOR AND EQUIPMENT STORAGE YARD, 8912 WATSON STREET, CYPRESS: The Planning Director presented a staff report dated May 3, 1985, for approval of a request to operate a farming contractor's yard with storage for irrigation pipes, disk and tractor implements and various agricultural hardware at 8912 Watson Street in an Industrial Light Zone. The subject site is rectangular in shape, contains approximately 14,580 square feet in area and is presently vacant with a six-foot chain link fence around its perimeter. Staff recommended approval subject to conditions. Mr. Norman Ozawa, 2113 Forestwood Court, Fullerton, spoke in support of the request and indicated agreement to all of the conditions. There was no opposition to the permit. It was moved by Councilman Mullen and seconded by Councilman Partin to close the public hearing and to adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 85-12 with conditions. RESOL UTION NO. 2917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-12 - WITH CONDITIONS. The motion unanimousiy carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo RECESS: At 8:35 p.m., Mayor Kanel called a recess and the meeting reconvened at 8:41 p.m. Mayor Kanel announced that due to the large number of people present for Item No. 34, Consideration of Miss Cypress Contest, this item would be taken out of order and heard at this time. CONSIDERA TION OF MISS CYPRESS CONTEST: A staff report was presented dated May 7, 1985. Mayor Kanel indicated that he is requesting Council consideration for creating a Select Committee to assist in the conduct of the annual Miss Cypress Beauty Pageant. Mayor Kanel briefly summarized the history of the contest and how it ultimately has come under the direction of Mr. Figoten, and explained that the purpose of the Select Committee would be to assist Mr. Figoten, as well as to incorporate a larger variety of volunteers who wish to participate in the production of the pageant. Mr. Martin Figoten, 4058 Avenida Sevilla, Cypress, clarified the history of the pageant and indicated that in order to produce a good pageant, volunteers are needed to participate. At this time Mr. Figoten indicated that he had to leave the meeting. Mr. Richard Morris, 5406 Lincoln, expressed concern regarding Mr. Figoten's participation in the pageant, and indicated his support for the Select Committee. Ms. Vicki Gill, 4184 Larwin Avenue, explained that the Miss Cypress Contest is a poor production in comparison to the cities of Los Alamitos and Seal Beach. Mr. Steve Housden, 2 Atomo, Irvine, Chairman of the Miss Seal Beach Contest, indicated that he had been contacted by Cypress residents requesting assistance in conducting a more successful event. Mr. Mike Osborn, 9532 Sonwell Place, spoke in support of the formation of a committee for this event. Mary Van den Raadt, 8644 Acacia, expressed her opinion that the contest needs more publicity, and stressed the necessity of a Committee to organize the contest and added that she is interested in being a part of the Committee. Cindy Warren, 9211 Valley View, expressed her support for the Committee and suggested that those interested in participating, submit their names to staff for Council consideration. Kim Wyly, 3561 Goldenrod, Seal Beach, and Tracy Miller, 4814 Larwin, suggested improvements in the pageant. -3- 335 City Council Minutes May 13, 19 85 It was moved by Councilman Partin, seconded by Councilman Mullen and unanimously carried to table this discussion and enable those interested in participating to leave their name and phone number for submittal to the City Manager. RECESS: At 8:33 p.m., Mayor Kanel called a recess and the meeting reconvened at 8:43 p.m. CONSIDERATION OF CONTRACT RENEWAL FOR WEED ABATEMENT FOR FISCAL YEAR 1985/86: A staff report was presented dated May 2, 1985. The 1984/85 Weed Abatement Program contract was awarded to Edwin Webber, Inc. Mr. Webber had submitted a letter offering to perform weed abatement work for the 1985/86 fiscal year under the same specifications and for the same contract unit prices as for the present contract. Staff indicated that it was not anticipated that lower bid prices would be received by advertising for weed abatement. The actual contract cost in 1984/85 was $13,786.06. It was moved by Councilman Partin and seconded by Councilman Mullen to award the contract for weed abatement for the 1985/86 fiscal year to Edwin Webber, Inc., 8742 Rembrandt Drive, Huntington Beach, for the same contract unit prices as the 1984/85 fiscal year. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo CONSIDERATION OF REQUEST FOR SUPPLEMENTAL APPROPRIATION TO REPAIR AIR CONDITIONING SYSTEM AT CITY HALL: A staff report was presented dated May 2, 1985. Scott Refrigeration Service was awarded an $8,995 contract to inspect and rebuild three air- conditioning compressors in the east and west wings of City Hall. Upon dismantling the compressors, it was found that the scope of repairs needed to assure extended service life was $8,692.49 above the bid amount, which could not have been determined before an internal inspection was made of those units. It was moved by Councilman Partin and seconded by Councilman Mullen to transfer $8,692.49 from unappropriated reserves to Account Number 4156-90-624.08, and authorize the necessary work by Scott Refrigeration Service, Inc., 1330 West Collins Avenue, Orange. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo CONSIDERATION OF SUPPLEMENTAL APPROPRIATION AND AWARD OF CONTRACT FOR CITY FACILITY LOCK SYSTEM: A staff report was presented dated May 6, 1985. The City is in the process of a plan to rehabilitate the lock system in all major City facilities, excluding the Police facility, to provide a state-of-the-art, masterkeyed security lock system which has been designed to incorporate the facilities into a single comprehensive key control arrangement. Quotations have been received from Best Locking Systems of Los Angeles, Inc., as a sole-source vendor, to design and furnish the lock system according to the City's specifications. In order to proceed with the project, it is necessary for the City Council to appropriate an additional $3,000. It was moved by Councilman Mullen and seconded by Councilman Partin to award the contract to Best Locking Systems of Los Angeles, Inc., 500 State Street, Glendale, in the amount of $7,284.16; appropriate an additional $3,000 to Account 4186-11-422.24; and expend $5,609.92 from Account No. 4186-12-548.29. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: MUllen, Partin and Kanel None Coronado and Lacayo CONSIDERATION OF RENEWAL OF SERVICE AGREEMENT FOR TELEPHONE EQUIPMENT: A staff report was presented dated May 7, 1985. The City's annual contract with Standard Business Telephone Systems is scheduled for renewal. The telephone equipment is currently maintained on a per call basis at the basic rate of $44.00 per hour. Standard Business Telephone Systems has agreed to maintain the present service agreement with no rate increase for the upcoming contract year. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize staff to renew a one-year contract with Standard Business Telephone Systems to maintain the City's telephone system for the period of April 1, 1985 through March 31, 1986. The motion -4- 336 City Council Minutes May 13, 1985 unanimously carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF CONCRETE PADS AT VARIOUS PARK LOCATIONS, REQUEST FOR QUOTATION NO. 8485-39: Mr. Essex presented a staff report dated May 6, 1985 outlining the three bids received for the construction of concrete pads at various park locations. Recreation Dirctor Marvin DeCarlo explained that the work includes all labor and materials for the construction of concrete pads for bleachers, benches or picnic tables at Arnold/Cypress, Manzanita, Evergreen, Oak Knoll, Eucalyptus, Peppertree and Pinewood Parks. It was moved by Councilman Mullen and seconded by Councilman Partin, and acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, award the contract for the construction of concrete pads to Southern California Concrete, P. O. Box 632, Stanton, in the amount of $9,192.20. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo CONSIDERATION OF AWARD OF CONTRACT FOR LANDSCAPE PROJECT AT CYPRESS/ARNOLD PARK, REQUEST FOR QUOTATION NO. 8485-41: A staff report was presented dated May 2, 1985, which outlines the three bids received for the landscape project at Cypress/Arnold Park. The work includes all labor and materials to remove the existing pavement, backfill with topsoil, plant sod, fertilize and maintain the area adjacent to the existing volleyball court for a period of sixty days. It was moved by Councilman Partin and seconded by Councilman Mullen, and acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, award the contract to Valley View Landscaping, 13591 Yockey Street, Garden Grove, in the amount of $3,492. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: CYPRESS REDEVELOPMENT AGENCY: Mullen, Partin and Kanel None Coronado and Lacayo The City Council Acting as the Redevelopment Agency. At 9:50 p.m., Mayor Kanel recessed the regular meeting of the Cypress City Council and Chairman Kanel called the meeting of the Cypress Redevelopment Agency to order, which adjourned at 9:53 p.m. The regular meeting of the City Council reconvened at 9:53 p.m. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" were considered by the City Council as routine and enacted by one motion approving the recommendations listed on the Agenda. It was moved by Councilman Partin and seconded by Councilman Mullen to approve Item Nos. 10 - 33 on the Consent Calendar. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo Item No. 10: Motion to Approve City Council Minutes of the Adjourned Regular Meeting of April 15, 1985 and the Regular Meeting of April 22, 1985. Recommendation: That the City Council approve the Minutes of April 15, 1985, with an abstention vote from Councilman Mullen due to his absence and approve the Minutes of April 22, 1985 as submitted. Item No. 11: Motion to Introduce and/or Adopt all Ordinances Presented for Consideration -5- City Council Minutes May 13, 1985 3 :r; by Title Only and to Waive Further Reading. Item No. 12: Consideration of a Resolution Adopting a New Fee Schedule for Animal Shelter and Animal Control Services. Recommendation: That the City Council adopt the Resolution by title only, title as follows, adopting the new animal shelter and animal control fee schedule. RESOLUTION NO. 2918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A NEW FEE SCHEDULE FOR ANIMAL SHELTER AND ANIMAL CONTROL SERVICES, EFFECTIVE JULY 1, 1985. Item No. 13: Consideration of Adoption of Resolutions Commending Eagle Scouts Iksoo Kang and David N. Thompson. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, commending Eagle Scouts Iksoo Kang and David N. Thompson. RESOLUTION NO. 2919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT IKSOO KANG ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 2920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT DAVID N. THOMPSON ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 14: Consideration of Proclaiming May 19-25, 1985, as "Traffic Safety Week". Recommendation: That the Mayor and City Council officially proclaim the week of May 19- 25, 1985, as "Traffic Safety Week" in the City of Cypress. Item No. 15: Consideration of Proclaiming May 12-18, 1985, as "Senior Center Week". Recommendation: That the Mayor and City Council officially proclaim May 12-18, 1985, as "Senior Center Week" during May, "Older Americans Month" in the City of Cypress. Item No. 16: Consideration of Resolutions Establishing ICMA (International City Management Association) Money Purchase Plan and Trust and ICMA Deferred Compensation Plan. Recommendation: That the City Council adopt 1) the Resolution by title only, title as follows, establishing the ICMA Money Purchase Plan and Trust; and 2) the Resolution establishing the ICMA Deferred Compensation Plan. RESOLUTION NO. 2921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN leMA (INTERNATIONAL CITY MANAGEMENT ASSOCIATION) MONEY PURCHASE RETIREMENT PLAN. RESOL UTION NO. 2922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN ICMA (INTERNATIONAL CITY MANAGEMENT ASSOCIATION) DEFERRED COMPENSATION PLAN. Item No. 17: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Regina Y. Lazo and Youssef I. Lazo, D.B.A. Cedar Liquor, 6155 Ball Road, Cypress. Recommendation: Receive and file. Item No. 18: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Chi Jung Li & Hsiao Yu Li, for the Former New China Restaurant Site, 4756 Lincoln Avenue, Cypress. -6- ~~8council Minutes Ma y 1 3, 1 9 8 5 Recommendation: Receive and file. Item No. 19: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Shiun Lin and Chang Kaung Lu, D.B.A. Edokko Restaurant, 4300 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item No. 20: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Mai Thi Nguyen and Thuan Phuc Nguyen, D.B.A. Omega Liquor Store, 4346 Lincoln Avenue, Cypress. Recom mendation: Receive and file. Item No. 21: Consideration of Employment List - Community Service Officer. Recommendation: That the City Council certify the employment list for the position of Community Service Officer as submitted. Item No. 22: Consideration of Ordinance Relating to the Recreation and Community Services Commission's Term of Office. Recommendation: That the City Council approve the first reading of the Ordinance by title only, title as follows, relating to the term of office for the Recreation and Community Services Commission. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 638 BY ADDING SECTION 2-44 TO ARTICLE VI HELATING TO THE RECREATION AND COMMUNITY SERVICES COMMISSION. Item No. 23: Consideration of Agreement Between the Underground Service Alert of Southern California and City of Cypress as an Associate Member. Recommendation: That the City Council approve the Associate Member Agreement between the Underground Service Alert of Southern California and the City of Cypress and authorize the Mayor to sign the Agreement and the City Clerk to attest the Agreement. Item No. 24: Consideration of Fiscal Year 1984/85 Arterial Highway Financing Program Administration Agreement, Walker Street From Lincoln Avenue to 400' Northerly, Certification of Right-of-Way, and No Parking Resolution, City of Cypress Project No. 8133- 10, AHFP No. 1158. Recommendation: That the City Council 1) Approve the Administrative Agreement for AHFP Project No. 1158, Walker Street, and authorize the Mayor to sign the Agreement and the City Clerk to attest; 2) Adopt the Resolution by title only, title as follows, requesting the County of Orange to increase its allocation to $70,000; 3) Authorize the Mayor to sign the Right-of-Way Certification and the City Clerk to attest; and 4) Adopt the Resolution by title only, title as follows, establishing "No Parking" areas on Walker Street within the project limits. RESOLUTION NO. 2923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION FROM THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF WALKER STREET FROM LINCOLN AVENUE TO 400' NORTHERLY. RESOL UTION NO. 2924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING" AREAS. Item No. 25: Consideration of Service Agreement #07B-894 for Inspection of Traffic Signal Controllers on Katella Avenue and Valley View Street - F.A.U. Project No. M-3041 (202), City of Cypress Project No. 8430-10. Recommendation: That the City Council approve the Service Agreement #07B-894 for the inspection of traffic signal controllers on Katella Avenue and Valley View Street - F.A.U. -7 - City Council Minutes May 13, 1985 339 Project No. M-3041 (202) and authorize the Mayor and City Clerk to execute it on behalf of the City. Item No. 26: Consideration of Resolution Accepting the Granting of an Option from the Cypress Redevelopment Agency to Purchase a Portion of the Cypress Elementary School Site and Authorizing Certain Actions in Connection Therewith. Recommendation: That the City Council approve and adopt the Resolution by title only, title as follows, accepting the granting of an option from the Cypress Redevelopment Agency to purchase a portion of the Cypress Elementary School site and authorizing certain actions in connection therewith. RESOLUTION NO. 2925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACCEPTING THE GRANT OF AN OPTION FROM THE CYPRESS REDEVELOPMENT AGENCY TO PURCHASE A PORTION OF CERTAIN REAL PROPERTY KNOWN AS THE CYPRESS ELEMENTARY SCHOOL AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. Item No. 27: Consideration of a Resolution Granting an Option from the City of Cypress to National Church Residences of Cypress to Purchase a Portion of the Cypress Elementary School Site for a Senior Citizen Housing Project and Authorizing Certain Actions in Connection Therewith. Recommendation: That the City Council approve and adopt the Resolution by title only, title as follows, granting an option to National Church Residences of Cypress to purchase a portion of Cypress Elementary School for a Senior Citizen Housing Project and authorizing certain actions in connection therewith. RESOLUTION NO. 2926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING AN OPTION TO NATIONAL CHURCH RESIDENCES OF CYPRESS TO PURCHASE A PORTION OF CERTAIN REAL PROPERTY KNOWN AS CYPRESS ELEMENTARY SCHOOL FOR A SENIOR CITIZENS HOUSING PROJECT AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. Item No. 28: Consideration of Flood Control Improvements to the Carbon Creek Channel (Facility No. B01) Between Denni Street and Walker Street. Recommendation: That the City Council approve the Resolution by title only, title as follows, finding that the proposed channel improvements are in conformity with the City's adopted General Plan. RESOLUTION NO. 2927 A RESOLUTION OF THE CITY COUNCIL/PLANNING AGENCY OF THE CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE PROPOSED CARBON CREEK CHANNEL IMPROVEMENTS FROM DENNI STREET TO WALKER STREET AND FINDING THAT THE PROPOSED PROJECT IS IN CONFORMITY TO THE CYPRESS GENERAL PLAN. Item No. 29: Consideration of Design Review Committee's Approval of #85-9, #85-11, #85- 12 and #85-13. Recommendation: Receive and file. Item No. 30: Consideration of Acceptance of Weed Abatement of Seasonal and Recurring Weeds and Assessment for Weed and Rubbish Abatement for Phase II for the 1984-85 Program. Recommendation: That the City Council 1) Approve a contract change with Edwin Webber, Inc., of Huntington Beach, CA, from the original award of $7,695.02 to the final cost of $8,289.16, based on actual areas abated; 2) Authorize an appropriation from the fund balance of the General Fund and appropriate $595 to Account #4181-11-271.07; 3) Accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; and 4) Adopt the Resolution by title only, title as follows, confirmiing weed abatement assessments and imposing special assessments as a lien on the parcels shown on Exhibit "A". -8- ~~Pcounci I Minutes May 13, 1985 RESOLUTION NO. 2928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 31: Consideration of Resolution Supporting the Partnership Program Between Schools and Other Segments of the Community. Recommendation: That the City Council adopt the Resolution by title only, title as follows, supporting the Cypress School District's Partnership Program. RESOLUTION NO. 2929 A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE PARTNERSHIP PROGRAM BETWEEN SCHOOLS AND OTHER SEGMENTS OF THE COMMUNITY. Item No. 32: Consideration of Approval of the Orange County Automated Telecommunications System Joint Agreement. Recommendation: That the City Council approve the Joint Agreement for the operation and maintenance of the Orange County Automated Telecommunications System, effective July 1, 1985, and authorize the Mayor to sign and the City Clerk to attest the subject agreement. Recreation and Park District Matters: Item No. 33: Consideration of Claim Filed by Patricia Wentzel for Jonette Wentzel, a Minor. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Co., for appropriate disposition. NEW BUSINESS: CONSIDERATION OF APPOINTMENTS TO THE CATV ADVISORY COMMITTEE: A staff report was presented dated May 7, 1985. Mayor Kanel had requested that each Councilman provide him with a list of applicants for appointment to the CATV Advisory Committee and announced the recommendations as follows: Kay Deaton, Janet Spurgeon, Martin Figoten, William Davis, Fred Glass, Teddy Anderson, Robin Hamilton, Jim Swick, Howard Martin, Howard Hall, Mike Osborn, Jim Phillips and Vivian Ellertson; and the following alternates: Roger Levy, Jim Hoffner, Robert Hawkins, Bill Witt and Jan Ahrens. It was moved by Councilman Partin and seconded by Councilman Mullen to continue this item to the May 28 Council meeting. The motion unanimously carried 3-0. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 9296 - 9499: It was moved by Councilman Partin and seconded by Councilman Mullen to approve the Warrant List for Warrant Nos. 9296 - 9499, in the amount of $579,756.79. The motion unanimously carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo The Mayor requested Council consideration of supporting Article 34 regarding the senior housing issue. Councilman Mullen indicated his support and moved to request staff to return with a status report indicating the action to be taken to support placement of this Article on the November School Board Election. The motion was seconded by Councilman Partin and unanimously carried. Mayor Kanel informed the Council that a note had been received from the family of former Mayor of Cypress Jacob Van Dyke thanking the City for the flowers sent to the Van Dyke family. CLOSED SESSION: At 9:56 p.m., Mayor Kanel called a Closed Session for litigation. The meeting reconvened at 10:20 p.m. Mr. Essex requested the addition of an item to the Agenda regarding the purchase of a parcel -9- City Council Minutes May 13, 19853 41 of property located adjacent to the Civic Center. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize the City Manager to enter into an escrow for the purchase of AP-244-451-3, in the amount of $180,000, from the unappropriated reserves. The motion carried by the following roll call vote: A YES: 3 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 2 COUNCIL MEMBERS: Mullen, Partin and Kanel None Coronado and Lacayo In regard to Item No. 35, CATV Appointments, Councilman Partin and Councilman Mullen withdrew their motion to continue this item and moved to appoint the Com mittee as previously recommended with the addition of David Barrett to represent the City, Malcolm Johnson representing the District, and one additional member to be determined by Copley/Colony Cablevision. The motion unanimously carried. Mr. Essex informed the Council of a breakfast meeting with Supervisor Wieder, scheduled for Friday, May 17,1985, at 7:30 a.m., and requested that the Council inform staff if they wish to attend. Mayor Kanel indicated that at the next meeting he would like to discuss rent increases in Cypress and possibly direct a study to be performed of the entire City. ORAL COMMUNICATIONS: Mr. Roger Kinder, and Mr. Dale Kinder, of 5243 Cumberland, spoke about the recurrent problems of vandalism, barking dogs, speeding cars, and general harassment. Mr. Roger Kinder indicated that his civil rights have been violated and that he has spoken with the F.B.I. who has indicated a willingness to help him if an official communciation is received from the City. Mayor Kanel suggested holding a special meeting at the Community Center in an attempt to resolve the neighborhood disputes. Mr. Kinder indicated his lack of support for a meeting. The Council indicated that they would be willing to send a communication to the F.B.I. if Mr. Kinder felt it would help. Councilman Mullen inquired as to whom the communication should be directed, and Mr. Kinder could not respond. Mr. Kinder then felt that the City Council did not want to help him and left the meeting. A t this time Councilman Partin left the meeting. ADJOURNMENT: It was moved by Councilman Mullen and seconded by Mayor Kanel to adjourn the meeting at 10:45 p.m. in memory of former Mayor, Jacob Van Dyke. MAYOR ~t~YPRESS ATTEST: dL~~ CITY CLERK OF E CIT OF CYPRESS -10-