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Minutes 85-05-28 342 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 28, 1985 The regular meeting of the Cypress City Council was called to order at 7:32 p.m., on Tuesday, May 28, 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 and Lowenberg. PLEDGE OF ALLEGIANCE: Councilman Coronado 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. Mr. Dick Morris, 5406 Lincoln, Cypress, President of the Cypress Rotary Club, presented a check in the amount of $300 to the Park and Recreation District to be used towards the purchase of a colored television set for the Senior Citizens Center. Mary Crowder, 6881 Reefton A venue, Cypress, requested that the City investigate a termite company that she claimed had allowed dangerous gases to seep to her home from the property located next door that was in the process of being fumigated. Considerable discussion followed regarding the City's control over the termite company. Councilman Mullen suggested that staff and the City Attorney investigate the issue and report back to the City Council with the findings. Greg Russell, 6132 Rosemary Drive, President of Interact Club, presented a check in the amount of $150 to aid in the purchase of the television set for the Senior Citizens Center. Councilman Lacayo suggested that after the purchase of the television, Mr. Morris and Mr. Russell make the presentation to the seniors. PRESENTATION OF PROCLAMATIONS COMMENDING TERESA PANG OF HOBBY & MODEL SHOP AND LARRY SPAULDING OF DICKERSON SCHOOL ON THE CYPRESS PARTNERSHIP PROGRAM: Mayor Kanel presented a proclamation to Teresa Pang and to Larry Spaulding in recognition of their participation in the Partnership Program. Mr. Spaulding explained that the purpose of the program is to create a bond between the business community and the school district, thereby creating a people to people program. STAFF REPORTS AND DISCUSSION: Mr. Essex requested a Closed Session at the end of the meeting for litigation; and Mayor Kanel added the appointment of Professor Howard Martin as Chairman of the CATV Committee as Consent Calendar Item No. 16-A. Mayor Kanel indicated that the Chamber of Commerce annual contract expires at the end of June as does the lease on the property. The Chamber would like to present its budget to the Council. The Mayor suggested that he and Councilman Mullen meet with the Executive Board of the Chamber and return to the Council meeting of June 10 with recommendations. The Council agreed with the Mayor's suggestion. Police Chief Ron Lowenberg introduced Captain Krause, the Department's new Police Captain. The City Council welcomed him. At this time the Mayor declared the Public Hearings open. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO SPECIFIC PLAN NO. 84-1, ADDITIONAL SIGN FOR PLANNING AREA 3A, WARLAND/CYPRESS BUSINESS CENTER SPECIFIC PLAN, SOUTHWEST CORNER OF KATELLA AVENUE AND KNOTT STREET: The Planning Director summarized a staff report dated May 16, 1985, for a request to amend the Warland/Cypress Business Center Specific Plan No. 84-1 to permit one freestanding sign per street frontage at the southwest corner of Katella A venue and Knott Street located in 3cf3 City Council Mlnutes May 28, 1985 the Planned Community CommercialiLight industrial Zone. The current development standards permit the construction of one freestanding si~ at the shopping center si.te. The applicant had indicated that a second freestandl.ng sign would be necessary in order to establish a major anchor tenant into the park setting. Staff indicated that the placement of ti.O freestanding signs on such a large site is a reasonable request to provide adequate identification for the shopping center. Therefore, staff reco~mended that Section VII-B-6-e(3) be amended to permit a second t'reestandlng sign as follows: 3. Freestanding Signs: For commercial uses within Planning Area 3A and in lieu of a ground sign, one(lj freestanding sign shall be permitted on each street frontage (i.e., Katella Avenue and Knott street). Each sign shall not ex- ceed one(l) square foot per lineal foot of frontage on each street or one hlmdred and fifty (150) square feet, whichever is less. Mr. Howard Thompson, 16520 Aston, Irvine, spoke in support of approval and indicated that the Ross Stores lease is pending approval of this sign. There was no opposition to this proposal. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and to adopt the Resolution by title only, title as follows, approving the amendment to Specific Plan No. 84-1 - with conditions and as outlined in the staff report. RESOLUTION NO. 2930 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO SPECIFIC PLAN NO. 84-1 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 85-2, ROOM ADDITION, 11677 ON~X STREET, CYPRESS: The Planning Director presented a staff report dated May 1'~-1935, summarlz"in-garequest to vary from the Zoning Ordinance to allow an existing room addition (previously approved as a covered patio) which was constructed seven feet from the rear property line. 1'he Oi tyi S Zoning Ordlnance requires that all room additions be a minimum of ten feet from the rear property line and maintain a minimum rear yard area of 1,100 square feet and that the structural lot coverage not exceed forty percent of the subject property. The previously approved covered patio was built as a habitable room addition and violates the two Zoning Ordinance requirements listed above. Staff identified the two options available: 1) recon- vert the room addition back to a covered partio, or 2) apply for a variance. Mr. Robert Bowman, 9505 Hemingway, Bakersfield, spoke in support for approval of the Variance and explained that he was informed while trying to sell his property on Onyx Street that the permit was not good, adding that he has lost 3 sales on his house because of the lack of an appropriate building permit. There was no opposition to this proposal. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and adopt the Resolution by title only, title as follows approving Variance No. 85-2 subject to the findings in the staff report. RESOLUTION NO. 2931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING VARIANCE NO. 85-2 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MElvffiERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None " -. Co -. ~~ City Council Minutes May 28, 1985 Mayor Kanel announced that due to the large number of people in the audience for Item No. 19, Continuation of Consideration of Alternatives to Landscaped Berm Adjacent to stanton storm Channel, it would be heard at this time. CONTINUATION OF CONSIDERATION OF ALTERl{ATIVE TO LANDSCAPED BERM ADJACENT TO STANTON STORM CHANNEL: A staff report was presented dated May 17, 1985. Public Works Director Bob Beardsley summarized the report which outlined the berm issues, as well as the public meeting held on April 15, 1985, to receive input from the community regarding the existing and proposed amenities intended to separate the industrial and residential properties in the area b01mded by Katella Avenue, Valley View Street, Orangewood Avenue, and Knott Street. The Mayor indicated that he had attended a community meeting at a home backing the berm and announced that Mr. Harold Diaz would like to present a video presentation depicting the berm, Channel and fences. Following the berm presentation, Councilman Lacayo asked for a show of hands of those in favor and those against the completion of the berm. All those present indicated support. Mr. Beardsley indicated that the staff recommendation is that the berm concept be continued as originally implemented. The two issues first discussed at the meeting of April 15, the bike trail lighting and relocation have been found by staff to be extremely costly investments in return for questionable benefits and new problems. Staff recommended that the existing trail be either m~intained in its present loca- tion or permanently closed except for flood control maintenance access purposes. Considerable discussion ensued regarding the estimated costs for the fence and relocation of the bike trail and possible alternatives to the issues. Councilman Mullen indicated his support to expend funds to monitor and remove the graffiti in the Channel and suggested implementation of the formation of the main- tenance district. Mr. Bob Hanna, 11250 Holder, Cypress, expressed his oplnlon that the reason that Panasonic's berm is in a poor condition is due to the spreading of the poison used by the County in its annual spraying to prevent unwanted growth in the Channel. Mr. Thomas Hart, 6291 Barbados, Cypress, presented a petition with approximately 50 signatures requesting approval of'the following six concerns: 1) Complete berm as originally approved; 2) Relocate jogging path to the north and close the path to the south; 3) Install lighting along the path; 4) Form a Maintenance District; 5) Enable access to jogging trail in Holder Street area; and 6) Install and main- tain a sturdy fence. Mr. Harold Diaz, 6121 Barbados, Cypress, urged Council support for the concerns, stressing that safety is not provided in this area. After further discussion, it was moved by Councilman Partin, seconded by Councilman Lacayo and unanimously carried to accept staff's recommendation to continue the berm as originally planned; to direct staff to prepare cost estimates regarding the relocation of the jogging path to the north, installation of lighting along the path, and installation of a footbridge to provide access from Holder Street; and to proceed with the implementation of the Maintenance District as soon as possible. Mayor Kanel requested a preliminary status report by the June 24 Council meeting to expedite the improvements. The Council assured those present that the graffiti problems would be resolved. RECESS: At 9:05 p.m., Mayor Kanel called a recess and the meeting reconvened at 9:17 p.m. CONSIDERATION OF AWARD OF CONTRACT FOR THE INSTALLATION OF WATER LINE AT THE CITY OF CYPRESS MAINTENANCE YARD, CITY OF CYPRESS PROJECT NO. 8509-90: A staff report was presented dated May 13, 1985, outlining the two bids received for the installa- tion of water line at the City of Cypress Maintenance Yard. Staff requested re- jection of all bids and authorization to investigate alternate methods to construct this water line. It was moved by Councilman Mullen and seconded by Councilman Lacayo to reject all bids for RFQ 83b4-37 (Project No'. 8509-90) and authorize the Engineering Division of the Department of Public Works to investigate alternate methods to construct the water line. The motion unanimously carried by the following roll call vote: - 3 - 345 City Council Minutes May 28, 1985 AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF AWARD OF CONTRACT FOR TOWING SERVICE: Mr. Essex presented a staff report dated May 21, 1985 for a request from Cypress Auto Tow for renewal of the contract for the City's towing service which expires on June 30, 1985. The Police Department has conducted a survey of towing charges in adjacent communities and found that although the rate increases proposed by Cypress Auto Tow are significant, the charges are still below the rates of surrounding communities. Therefore, staff recommended that the City renew the contract with Cypress Auto Tow since they have provided satisfactory service. It was moved by Councilman Partin and seconded by Councilman Lacayo to renew the towing service contract with Cypress Auto Tow, 4620 Lincoln A venue, Cypress, for the period of July 1, 1985 through June 30, 1986 per their proposal dated April 3, 1985. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERATION OF A WARD OF CONTRACT FOR VIDEO PROJECTION SYSTEM: A staff report was presented dated May 21, 1985, outlining the five bids received for a Sony, high- resolution color video projection system with remote controller and carrying case for use in the City Council Chambers, to be mounted on the ceiling in order to have an unobstructed view of the projected image from any location within the Chambers. It was moved by Councilman Coronado and seconded by Councilman Mullen to award the contract for the video projection system contract to Education Electronics Corporation Video Group, 213 North Cedar, Inglewood, in the amount of $5,636.39 A substitute motion was made by Councilman Partin and seconded by Councilman Mullen to award the contract to the second lowest bidder, Metrovonics, Inc., in Los Alamitos, due to its close proximity to Cypress. Considerable discussion continued regarding the advantages and legality of awarding the contract to the local company. Mr. Essex indicated that before awarding a contract to a bidder other than the low bidder, a finding should be made determining the reason and suggested that staff research the question and return to Council. It vms moved by Councilman Mullen and seconded by Councilman Coronado to table the consideration of award of contract for the video projection system to the meeting of June 3, 1985. The motion unanimously carried, 5-0. CONSENT CALENDAR: All matters listed on the Agenda under HConsent 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 Coronado and seconded by Councilman Mullen to approve Item Nos. 7 - 18 on the Consent Calendar with the addition of Item No. 16-A. The motion unanimously carl'ied by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None Item No.7: Motion to Approve City Council Minutes of the Regular Meeting of May 13, 1985. Recommendation: That the City Council approve the Minutes of May 13, 1985 as submitted, with abstention votes by Council Members Coronado and Lacayo due to their absences at the meeting. Item No.8: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. -4- I' 4L~ U 0 City Council Minutes Ma y 2 8, 1 9 8 5 Item No.9: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Andr'ea R. Muro and Josefa R. Vera, D.B.A. Cypress Market, 5011 Ball Road, Cypress. Recommendation: Receive and file. Item No. 10: Consideration of Amendment to Agreement With the City of Garden Grove for Nutrition Services. Recommendation: That the City Council approve the Amendment to the Agreement dated "March 28, 1977 between the City of Cypress and the City of Garden Grove to provide nutrition services for the period of July 1, 1985 through June 30, 1986, and authorize the ;vJayor to sign and the City Clerk to attest the Amendment, subject to the approval of the City Attorney. Item No. 11: Consideration of Approval of Plans and Specificiations and Authorization to Advertise for Bids for the Improvements of Katella Avenue and Valley View Street, F.A.TJ. Pr'oject No. M-3041 (202), City of Cypress Project No. 8430-10. Recommendation: That the City Council 1) Approve the Plans and Specifications for the improvements of Katella Avenue-Valley View Street, including the traffic signal modifications, F.A.U. Project No. M-3041 (202), City of Cypress Project No. 8430-10; and 2) Authorize the City Clerk to advertise for bids, with the bid opening date to be set after receipt of approval from the Federal l-lighway Administration. Item No. 12: Consideration of Acceptance of Donated Trees From Avalon Nursery and Disposition of Certain Landmark Trees. Recom mendation: That the City Council 1) Accept the donation of trees from Avalon Nursery as shown on the list, and 2) Permit the removal of eleven (11) designated Landmark Trees from the property now occupied by Avalon Nursery on the southwest corner of Orange A venue and Denni Street. Item No. 13: Consideration of Proclaiming September 7 - 17, 1985, as "Peace Days". Recommendation: That the Mayor and City Council officially proclaim the period of September 7 - 17, 1985, as "Peace Days" in the City of Cypress as requested. Item No. 14: Consideration of League of California Cities, Orange County Division, Proposed 1985/86 Budget and Resolution No. P-6-85, Relating to Annexation of Unincorporated County Islands. Recommendation: That the City Council authorize the City's voting delegate to support the Orange County League of Cities' proposed 1985/86 budget and the Resolution urging the Orange County Board of Supervisors to adop~ a policy encouraging residents in unincorporated County islands to annex to contiguous cities at the June 6 General Meeting. Item No. 15: Consideration of Proclaiming July 1985, as "Recreation and Parks Month". Recommendation: That the Mayor and City Council officially proclaim July 1985, as "Recreation and Parks Month" in the City of Cypress. Item No. 16: Consideration of Design Review Committee's Approval of #85-14. Recommendation: Receive and file. Item No. 16-A: Consideration of Appointment of Professor Howard Martin as Chairman of the Cypress Cable Television Advisory Committee. Recommendation: That the City Council Appoint Professor Howard Martin as the first Chairman of the Cypress Cable Television Advisory Committee. Recreation and Park District Matters: Item No. 17: Consideration of Acceptance of Landscaping at Cypress Com munity Center, City of Cypress Project No. 8529-90. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, 1) Approve the change in the contract awarded to Asahi Landscape from the original award of $8,948.75 to the final cost of $12,362.75; and 2) Accept the improvements of the landscaping at the Cypress Community -5- 347 City Council Minutes Ma y 2 8, 1 9 8 5 Center as being satisfactorily completed in accordance with the Plans and Specifications. Item No. 18: Consideration of Donation of Funds. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, formally accept the donation in the amount of $150 from the Cypress Sunshine Club, Inc., and appropriate $150 from the General Fund to Account No. 4104-12-317-10 for the purchase of a colored television set for the Senior Citizens Center. NEW BUSINESS: CONSIDERATION OF DISCUSSION REGARDING CONSIDERATION OF ORDINANCE REGULATING FORTUNE-TELLING BUSINESSES: A staff report was presented dated May 17,1985, indicating that originally the staff had intended to present a proposed ordinance for Council approval, regulating fortune telling businesses. Staff at this time however, requested a withdrawal of this item. Mayor Kanel so ordered. CONSIDERATION OF RESOLUTIONS ESTABLISHING FEES FOR VARIOUS CITY SERVICES: A staff report was presented dated May 17, 1985 which indicates that it has been several years since the City has revised its fee schedules for the various services it performs for the public. Since that time the cost of providing these services has increased dramatically. City staff has analyzed the costs associated with these services including labor, material, equipment and administrative overhead for the following six categories: 1) Plumbing Permits; 2) Electrical Permits; 3) Building Permits; 4) Police Services; 5) Public Works and Planning Deparment Services; 5) Public Works and Planning Department Services; and 6) Reproduction of Various Official Records. It was moved by Councilman Lacayo and seconded by Councilman Coronado to continue this item to enable the Council to meet with staff to discuss the increases. The motion unanimously carried 5-0. CONSIDERATION OF PLACING ARTICLE XXXIV AS A BALLOT MEASURE FOR THE NOVEMBER ELECTION: A staff report was presented dated May 21, 1985. Mayor Kanel, at the last meeting, requested staff to report back on the possibility of placing the issue of Article XXXIV on the November ballot regarding the construction of affordable senior citizens housing units. Since the last election, the City Council has also been advised by the City Attorney that it is possible to consider only senior housing as a ballot meausre which would be more acceptable to the voters than the previously worded proposition which allowed for affordable housing of all types. It was moved by Councilman Lacayo and seconded by Councilman Coronado to direct the City Attorney to prepare the appropriate ballot wording to be included in the City's Resolution. The motion unanimously carried. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 9500 - 9745: It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrant Nos. 9500 - 9745, in the amount of $388,596.07. 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 ORDINANCES: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 638 BY ADDING SECTION 2-44 TO ARTICLE VI RELATING TO THE RECREATION AND COMMUNITY SERVICES COMMISSION: It was moved by Councilman Lacayo and seconded by Councilman Mullen to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance. ORDINANCE NO. 744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 638 BY ADDING SECTION 2-44 TO ARTICLE VI RELATING TO THE RECREATION AND COMMUNITY SERVICES COMMISSION. The motion unanimously carried by the following roll call vote: -6- <3ti:Council Minutes May 28, 1985 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 expressed his wishes to form a Cultural Arts Commission to conduct the Cypress Beauty Pageant and requested that this item be placed on the Agenda for consideration at the June 10, 1985, Council meeting. CLOSED SESSION: At 9:40 p.m., Mayor Kanel called a Closed Session for matters of litigation and the meeting reconvened at 9:55 p.m. At 9:58 p.m. the Mayor adjourned the meeting to the Administrative Conference Room for consideration of Copley/Colony's request for cable system changes. The meeting resumed at 10:05 p.m., with all Council members present. CONSIDERATION OF COPLEY/COLONY'S REQUEST FOR CABLE SYSTEM CHANGES: Assistant City Manager David Barrett summarized the staff report dated May 22, 1985, which outlines the changes requested by Copley jColony in the equipment to be used in the construction and operation of their cable system. The cable system changes consist of two major elements: 1) Upgrade the electronics of the system to a 600 Megahertz system, thereby providing an additional eight channels; and 2) Change the converter to be used in the home by subscribers to a Jerrold Starcom 550 (Model DRZIN-3A) versus the Jerrold Starcom V converters originally proposed. The major difference in the two systems is that the Starcom 550 requires an add-on module to do two-way services and the parental control system would be controlled at Copley/Colony headend. City staff has held informal discussions with Copley/Colony regarding potential combinations of changes in not only the system equipment, but also in the community CATV facilities and in the subscriber service offerings. Mr. Barrett sum marized the five CATV issues that were discussed at the meetings with Copley/Colony. Considerable discussion ensued. Mr. Jack Clifford of Copley/Colony spoke in support of approval of the construction of a 600 MHz which would provide the City with the most advanced state-of-the-art channel capacity available. Mr. Clifford indicated that the changes proposed are an enhancement of the cable system and would result in greater flexibility and capabilities. Michael Isaacs, Special Counsel to Copley/Colony spoke in support of approval of the requested changes and clarified Council concerns. Following further discussion, it was moved by Councilman Lacayo and seconded by Councilman Partin to approve amending the Franchise Agreement relating to CATV issue Nos. 1, 3, 4 and 5 as follows: 1) Upgrading the community studio post production facilities to allow professional quality editing and special effects including upgrades in the video and audio electronics; 3) providing the City an option for a $10,000 cash payment to the City for system inspection or an increase in the current reimbursement for system inspection costs to $15,000; 4) Tying provision of interactive services to market demand except that should any interactive service be permanently provided in any other Southern California Copley/Colony system, Copley/Colony would be obligated to provide a similar service in Cypress; and 5) Approving the 600 MHz upgrade in system channel capacity and use of the Jerrold DRZIN-3A Converters. The City staff, City Attorney and Copley/Colony representatives are to develop the appropriate language for the Franchise Agreement amendments and return same for formal Council approval. The motion unanimously carried 5-0. AD,JOURNMENT: At 10:50 p.m.., it WliS moved by Councilman Lacayo, seconded by Councilman Coronado, ftnd unanimously carded to adjourn the meeting to June 3, 1985, 6:00 p.m., in the Administrative C::onference Room of City HaH. F CYPRESS ATTEST: MAYO i V // . .'/ ,{O / I r. .'i CITy1CLk{{k-t O~ *d{~~()F CYPRESS -7 -