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Minutes 85-07-08 371 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 8, 1985 The regular meeting of the Cypress City Council was called to order at 6:35 p.m., on Monday, July 8, 1985, in the Administrative Conference Room of City Hall, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: ABSENT: Council Members Lacayo, Mullen, Partin and Kanel Councilman Coronado Also present were Darrell Essex, City Manager, and Recreation and Park District staff Marvin DeCarlo and Malcolm Johnson. Mayor Kanel announced that the joint City Council/Recreation and Community Services Commission meeting would now be called into session. The following members of the Recreation and Community Services Commission were present: Castro, Davis, Diaz, Hallak, Heinz and Stange. Mayor Kanel asked if the Commission wished to discuss any matter that was not on the Agenda. Brief discussion took place regarding the status of the Oxford School site. The City Manager indicated that the tenants have moved from the site and that staff is presently renegotiating the lease with the school district and looking for prospective sub-lessees. Councilman Lacayo suggested researching the feasibility of a buy-out option at the end of the next five year lease. The Council and Commission reviewed and discussed the advantages and disadvantages of the formation of a Cultural Arts Commission. A staff report was presented and summarized by Mr. Johnson dated July 2, 1985. Concern was expressed over the disadvantages listed in the staff report and the related problems that were experienced in the past, most especially the funding sources and the limits of involvement and responsibilities of the individual commissions. Councilman Lacayo suggested that the Recreation and Community Services Commission designate three of its members to form a sub-committee to sit on the Cultural Arts Commission to act as an advisory committee to the Recreation and Park District. Mr. Johnson indicated that a high priority of the Commission would be fund raising events with a possibility of involvement from other cities. Discussion continued with the Commission questioning how the jurisdicationallines on activities would be drawn. Mayor Kanel indicated that staff could itemize and define which items belong to which commission. Chairman Stange suggested that both commissions meet jointly three to four times yearly to encourage participation and cooperation. Councilman Lacayo suggested that both commissions designate a member to serve as a member at large on the other committee. Mayor Kanel indicated that the Cultural Arts Commission could involve five individuals and that as terms expire on the Recreation and Community Services Commission, the number of members could be reduced to five. Mr. Essex indicated that day meetings would be beneficial in order to provide sufficient staff support. Councilman Lacayo requested that staff provide Council and the Commission with a guideline policy for review and consideration. T 372 City Council Minutes July 7, 1985 Mayor Kanel indicated for the record that Councilman Coronado had previously expressed his support for a full Cultural Arts Commission. At 7:40 p.m., the Council reconvened into regular session in the Council Chambers of City Hall with the following members present: PRESENT: ABSENT: Council Members Lacayo, Mullen, Partin and Mayor Kanel Coronado Also present at this time was City Attorney Mark Huebsch and the following additional staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst, Leonard, Lowenberg and Schiada. PLEDGE OF ALLEGIANCE: Councilman Partin 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. Ferracioli, 10471 Santa Elise, Cypress, reported that two of his family cars were towed from Cerritos Avenue while he was on vacation, due to being parked in excess of 72 hours. Mr. Ferracioli indicated that he had moved the cars to Cerritos Avenue to enable the street sweeper to clean in front of his home. Mayor Kanel added this item for discussion to the Agenda as Item No.5-A. Mr. Jehoich, 5622 St. Ann Avenue, requested that Item No. 26, consideration of report from the Traffic Commission regarding the installation of a left turn lane on Walker Street between Crescent and Danny Avenues, be moved forward on the Agenda due to the large number of people present for this item. Mayor Kanel indicated that it would be heard following the opening of the public hearings. STAFF REPORTS & DISCUSSION: Mr. Essex requested consideration of proclaiming Saturday, July 27, 1985, as "Cypress Country Festival Day", which the Mayor added as Item No. 23-A; and consideration of a communication from the City of Huntington Beach regarding a Hazardous Waste Management meeting, which was added as Item No. 31. Mayor Kanel, hearing no objections, combined discussion on toxic hazard materials with Item No. 31. Mr. Essex also requested a closed session, which was added as Item No. 32. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. C-211, BUILDING EXPANSION OF HYATT DIE CAST, 4656 LINCOLN AVENUE, CYPRESS: Due to Al Hyatt, owner of Hyatt Die Cast, being out of town, Mayor Kanel, hearing no objections, continued this item to the meeting of August 12, 1985. Mayor Kanel opened the Public Hearings, and hearing no objections, and upon approval of the applicants, continued Item Nos. 2, 3, 4, and 5 until later in the meeting. Mayor Kanel, hearing no objections, announced that due to the number of people in the audience for Item No. 26, it would be taken out of order and heard at this time. CONSIDERATION OF REPORT FROM THE TRAFFIC COMMISSION REGARDING THE INSTALLATION OF A LEFT-TURN LANE ON WALKER STREET BETWEEN CRESCENT A VENUE AND DANNY AVENUE: Public Works Director Bob Beardsley presented a staff report dated June 25, 1985. At the Traffic Commission held on June 18, the Commission reviewed a request from Mr. Jehoich of 5622 St. Ann Avenue for the installation of a left- turn lane on Walker Street from Crescent Avenue to Danny Avenue. Mr. Jehoich initiated a petition in his neighborhood in which 296 signatures were obtained in favor of a left-turn lane installation. Staff reviewed the accident data at this location and found that 30 accidents have occurred in the past 3 1/2 years, 16 of which involved vehicles stopping on Walker Street to make left turns onto side streets or driveways. The Traffic Commission felt that a left-turn lane for this section of Walker Street would provide safer access to and from side streets and driveways; however, to accomplish this all street parking must be eliminated. Mr. Essex announced that phone calls in opposition to the proposed left-turn lane and elimination of street parking have been received from the following people: Evelyn Martin, 8611 Walker; Glenn Vllom, 8611 Walker; Clyde Briggs, 8615 Walker; Dale Martin, 8602 Walker; Lionel Rainville, 8812 Walker; and K. E. Johnson, 8842 Walker. Mr. Jehoich, 5622 St. Ann Avenue, spoke in support of approval of the Traffic Commission recommendation, referred to the number of people who signed the petition in favor of the proposal, and presented 100 letters also in support of the continuous left turn lane on Walker. -2- 373 City Council Minutes July 7, 1985 Ms. June Mackay, 8652 La Homa Street, submitted two letters from Ester Church, Manager of the Greenbrook Apartments, and from Vance Hoyt, owner of Cypress Pharmacy at 5529 Lincoln A venue urging approval. Councilman Lacayo suggested that staff review the rationale of the Traffic Commission and look into the feasibility of allowing some parking to remain, and pointed out as an example the area in front of the Mackay School site. Traffic Engineer Dan Schiada was present to respond to technical questions from the Council. In response, Mr. Schiada indicated that it is most feasible to install a continuous left-turn lane due to the number of areas needed for a turn pocket and the insufficient space to construct separate pockets. Mr. Williams, 5521 Vonnie Lane, as well as Elizabeth Moriarity, 5531 Lincoln Avenue, spoke in support of the left turn lane. Ms. Patricia Stowers, 8621 La Homa, spoke in support of this proposal, however, expressed her concern that parking would be difficult on the side streets due to the lack of parking on W alkel'. Dale Martin, 8602 Walker Street, spoke in opposition to the elimination of all street parking, and expressed his opinion that the problem would be solved if the speed limit was decreased and enforced. It was moved by Councilman Lacayo and seconded by Councilman Partin to continue this item to the meeting of July 22 and direct staff to return with additional background on the recommendation, as well as a video tape of the area in question. A number of people in the audience indicated that when they signed the petition they didn't realize that all of the parking would be eliminated. Mayor Kanel read the petition for the record which indicated that if the turn lane is installed the parking on Walker Street would have to be prohibited. Ms. Marie Gilbert, 8602 Walker Street, spoke in opposition of approval. AT 8:30 P.M., COUNCILMAN CORONADO ARRIVED AT THE MEETING. Mr. Glen Vllom, 8611 Walker, spoke in opposition to this item and expressed his opinion that if approved, insufficient parking will exist. Mr. Joe Hardcastle, 4588 Blanca Drive, spoke in support of decreasing the speed limit on Walker Street to help prevent the accidents. Mayor Kanel requested that additional police surveillence be conducted in this area in an attempt to eliminate the speeders. Public Works Director Bob Beardsley requested that this item be continued to the August 12 Council meeting in order to provide staff with sufficient time to video tape the area. Councilman Lacayo and Councilman Partin agreed to amend their motion to continue this item to the August 12 Council meeting. The motion unanimously carried, 5-0. RECESS: Mayor Kanel called a recess at 8:40 p.m. The meeting reconvened at 8:45 p.m., with all Council members present. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-14, A-4 MARKET, 8842 WALKER STREET, OFF-SITE SALE OF ALCOHOLIC BEVERAGES: The Planning Director presented a staff report dated June 28, 1985 and June 14, 1985 for continued consideration of Conditional Use Permit No. 85-14, to allow the offsite sale of alcoholic beverages at the existing A-4 Market, located at 8842 Walker Street, in the Commercial General Zone. In March of 1984, the applicant, Mr. Kim, applied for a Conditional Use Permit to allow the offsite sale of alcoholic beverages at the A-4 Market. On March 26, 1984, the Council denied the request based on the potential impact on the health, safety and welfare of the surrounding community. The Zoning Ordinance restricted the applicant from refiling the request for a period of one year. Consistent with the time restrictions of the Ordinance, the applicant is again applying for the permit. Mr. Essex indicated that a communication had been received from Mr. Johnson, owner of the commercial center at 8842 Walker Street, expressing support for approval of the permit. -3- T 374 City Council Minutes July 7, 1985 Mr. Andrew Lachina, Attorney representing Mr. Kim, spoke in support of the permit, and submitted a petition in excess of 600 signatures in support of approval. Mr. Williams, 5521 Vonnie Lane, spoke in opposition of approval, expressing his opinion that too many liquor stores presently exist. The following people spoke in support of Mr. Kim's request for approval: Leon Hastings, 5561 Vonnie Lane; Stewart Moore, 8791 Walker Street; Steve Donagan, Buena Park resident; Ned Fox, Chamber of Commerce Manager; Bill Moal, 8791 Walker Street; Mike Brimhall, 5542 St. Ann; Mike Staggs, 8811 Watson; and City of La Palma Mayor Dan Collins, 4612 Cambury Drive, La Palma. Mr. Keith Moriarity, Cypress Beverage, 5531 Lincoln Avenue, Cypress, spoke in opposition to approval of this application due to the excessive number of stores selling liquor in the City of Cypress. The following people spoke in opposition to approval of this item: Mike Whelan, 8549 Pierce Drive, Buena Park; Dan Turper, Anaheim resident; Elizabeth Moriarity 5531 Lincoln; and Sharon Parker, 5541 St. Ann. Mr. Johnny Johnson, 8151 Orangethorpe, spoke in support of Mr. Kim's request. VIr. Joe Hardcastle, 4588 Blanca, explained that the main issue is whether an additional liquor store can be justified. Mr. Moriarity, 5531 Lincoln Avenue, presented a petition in opposition to the request. City Attorney Mark Huebsch indicated that the affidavits of declaration of circulation are not included with the petitions submitted either by Mr. Lachina or Mr. Moriarity. After discussion, the Council indicated that they were in favor of approval. Mayor Kanel indicated that he would not support the permit due to a proliferation of liquor stores in the City. 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 Conditional Use Permit No. 85-14. RESOL UTION NO. 2949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-14 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen and Partin Kanel None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-17, DONUT AND CROISSANT SHOP/RESTAURANT, TARGET-CYPRESS CENTER, 6859 KA TELLA AVENUE, CYPRESS: The Planning Director presented a staff report dated June 28, 1985 for a request to allow the operation of a donut and croissant shop/restaurant (Simone's Donuts and Croissants) at 6859 Katella A venue. The proposed shop would contain approximately 880 square feet with two doors providing access into the building and a seI've- thru window. The front twenty-one feet is designated as a customer waiting area with counter and display case. The remaining portion is proposed for the kitchen and storage area. Staff recommended approval subject to conditions. Mr. Torn Colber, 8412 Garden Grove Boulevard, Garden Grove, General Contractor for the project, as well as, Mr. Russ Becker, 424 Kelton Avenue, Los Angeles, representing Dean A. Beck and Associates, spoke in support of approval of the permit. There was no opposition to the permit. It was moved by Councilman Mullen and seconded by Councilman Coronado to close the public hearing and to adopt the Resolution by title only, title as follows approving Conditional Use Permit No. 85-17, subject to conditions. -4- 375 City Council Minutes July 7, 1985 RESOLUTION NO. 2950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-17 - WITH CONDITIONS. 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 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-18, SUBMARINE SANDWICH SHOP, 6851 KATELLA AVENUE, CYPRESS: The Planning Director presented a staff report dated June 27, 1985, for a request to establish a submarine sandwich shop/restaurant in the new Target-Cypress CenteV, located at 6851 Katella Avenue, in the PC-1 Planned Community Commercial/Light Industrial Zone. The restaurant proposes to sell submarine sandwiches and typical delicatessen items for onsite consumption, and on a take- out basis, from 10:00 a.m. to 10:00 p.m. Staff indicated that the proposed use is consistent with the goals and objectives of the City's General Plan and Zoning Ordinance and should he of positive benefit to the community, and therefore recommended approval subject to conditions. Councilman Partin inquired about the landscape buffer that was agreed would be installed prior to occupancy at the Target-Cypress Center. Ms. Eynon responded that staff had contacted the contractors numerous times regarding the landscaping, and that the trees were eventually installed. Councilman Partin requested that staff observe the landscaping progress and report to Council should problems arise. Mr. Ken Gray, 9568 Hamilton Avenue, Huntington Beach, spoke in support of approval of the permit. There was no opposition to the request. 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 Conditional Use Permit No. 85-18, subject to conditions. RESOLUTION NO. 2951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-18 - WITH CONDITIONS. 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 PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 85-1, TWO ADDITIONAL GROUND SIGNS FOR COMMERCIAL USES IN THE PC-1 ZONE: Planning Director Chris Eynon summarized the staff report dated June 28, 1985, for a request to amend Section 7, L(3) of the PC-1 Planned Community Commercial/Light Industrial Zone No.1 to permit two ground signs in addition to one freestanding identification sign for commercial uses. Dean A. Beck &. Associates requested that the text be amended to read as follows: 3. Freestanding Sign - For commercial shopping centers in excess of 125,000 square feet, two ground signs shall be permitted in addition to one freestanding identification sign subject to Design Review. The freestanding identification sign shall not exceed one square foot in area for each lineal foot of property frontage. However, no such sign shall exceed twenty-five feet in overall height or one hundred fifty square feet in area. Mr. Russ Becker, representing Dean A. Becker and Associates, 424 Kelton Avenue, Los Angeles, spoke in support of approval and clarified the request. There was no opposition to this item. It was moved by Councilman Mullen and seconded by Councilman Lacayo to close the public hearing and to order the following Ordinance read by title only, title as follows, amending -5 - T 376 City Council Minutes July 7, 1985 Section L(3), Freestanding Signs of the Planned Community Commercial/Industrial Zone No. 1 of Ordinance No. 640, the Zoning Ordinance of the City of Cypress. ORDINANCE NO. AN ORDIN ANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 7, L(3) FREESTANDING SIGNS, OF THE PLANNED COMMUNITY COMMERCIAL/INDUSTRIAL ZONE NO.1 OF ORDINANCE NO. 640 OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 85-1. 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 In regard to Item No.5-A, consideration of Mr. Ferracioli's problem with his vehicles being- towed, the Chief reported that the vehicles were indeed towed, but that the cars appeared in poor condition with debris surrounding the cars, indicating that the cars were parked at that location in excess of 72 hours. Mayor Kanel, hearing no objections, suggested that he and Chief Lowenberg meet with Mr. Ferracioli in an attempt to solve the existing conflicts. Mr. Joe Hardcastle, 4588 Blanca, expressed his opinion that the law should be changed to allow a more reasonable time period for vehicle parking. Mayor Kanel, hearing no objections, announced that Item No. 24, continuation of consideration of cost estimates for relocation of Stanton Channel bicycle/pedestrian trail, would be heard at this time. CONTINUATION OF CONSIDERATION OF COST ESTIMATES FOR RELOCATION OF STANTON CHANNEL BICYCLE/PEDESTRIAN TRAIL, CITY OF CYPRESS PROJECT NO. 8611-90: Public Works Director Bob Beardsley presented a staff report dated June 26, 1985, which represented a cost comparison of the past and present estimates to improve the Stanton Storm Channel. The cost to relocate the bicycle trail, close the existing trail, install lighting and fencing, as well as a bicycle/pedestrian bridge at Holder Street, is estimated at $289,000 as opposed to the original cost estimate of $197,000. Councilman Lacayo indicated his support for expending the funds to solve the problems in that area. Councilman Coronado expressed opposition to this project due to the cost of the project and the numerous other areas in the City in need of improvement. Councilman Partin indicated his support for the improvements, however, voiced his concern over the cost of the project and suggested phasing the improvements over a number of years. Councilman Mullen concurred with Councilman Coronado and added that he would be in favor of the closure of the trail. Councilman Lacayo suggested that he and Mayor Kanel meet to study the entire project and return with basic plans and recommendations, providing no objections are made from the Council. The Council agreed with the suggestion. Thomas Hart, 6291 Barbados, spoke in support of the improvements and expressed his opinion that not all of the items need to be addressed at this time. AWARD OF CONTRACTS: CONSIDERATION OF RETENTION OF PROFESSIONAL TESTING LABORATORY SERVICES FOR MATERIALS TESTING AND CONTROL FOR THE HEATER SCARIFICATION, OVERLA Y AND RECONSTRUCTION OF VARIOUS STREETS IN THE CITY OF CYPRESS, PROJECT #8560-90: A staff report was presented dated June 26, 1985, outlining the three bids received for the materials testing and control contract for the heater scarification work to begin in July. It was moved by Councilman Coronado and seconded by Councilman Lacayo to award the contract for professional testing laboratory services to Smith-Emery Company, 3148-Q La -6- City Council Minutes 377 J u 1 Y 7, 1~8), Palma A venue, Anaheim, for the Materials Testing of Project No. 8560-90, in an amount not to exceed $8,704.00. 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 AWARD OF CONTRACT FOR THE HEATER SCARIFICATION, OVERLA Y, AND RECONSTRUCTION OF VARIOUS STREETS IN THE (;ITY OF CYPRESS, PROJECT NO. 8560-90: A staff report was presented dated June 26, 1985, outlining the six bids received for the heater scarification, overlay and reconstruction of various streets. Following brief discussion, it was moved by Councilman Lacayo and seconded by Councilman Coronado to award the contract for the heater scarification, overlay, and reconstruction of various streets as outlined in the staff report dated June 26, 1985, to All American Asphalt, Post Office Box 2229, Corona, in the amount of $622,337.79. 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 AWARD OF CONTRACT FOR THE COUNCIL CHAMBER RENOV ATION, CITY OF CYPRESS PROJECT NO. 8518-90: A staff report was presented dated June 26, 1985, outlining the three bids received for the Council Chamber Renovation Project, which consists of furnishing materials and labor for fabricating, prefinishing, and installing four new built-in desks at the staff and press sections of the Council Chamber to match the existing. General Development Services, Inc. was awarded the contract and several attempts were made by the contractor to properly fabricate the desks. The results were poor and the Company requested that they be relieved of the project at no cost to the City. Therefore, staff recommended that the second bidder, Wyatt Woodworks, be awarded the contract. Mayor Kanel requested that staff research the feasibility of installing a new improved sound system for the Council that does not require holding the microphones. Mr. Essex indicated that staff would research the cost. It was moved by Councilman Mullen and seconded by Councilman Partin to award the contract for the Council Chamber Renovation to Wyatt Woodworks, Post Office Box 3307, Anaheim, in the amount of $2,700.00. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBRS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONSIDERTION OF AWARD OF CONTRACT FOR THE PURCHASE OF ELECTRIC VEHICLE BATTERY CHARGERS: A staff report was presented dated July 1,1985, for consideration of award of contract for the purchase of electric vehicle battery chargers. The U.S. Department of Energy has informed the City of Cypress that it has been chosen to receive 40 of the new Globe Gel/Cell batteries, to be paid by the Department of Energy, for test and evaluation of improved technology components. However, in order to achieve proper test results, the purchase of Lester Electrical Company chargers has been recommended by the Department of Energy, at a total cost of $2,700 for the two chargers. Councilman Coronado indicated that he is against the electric vehicle program and will not support the purchase of these chargers. It was moved by Councilman Mullen and seconded by Councilman Partin to dispense with the regular bidding procedure and authorize the purchase of two Lester Electrical chargers, in the total amount of $2,700 for the City's electric vehicle fleet, from Lester Electrical, Inc., 625 West A Street, Lincoln, Nebraska, 68522. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: ABST AIN: 2 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: 2 COUNCIL MEMBERS: T Mullen and Kanel Coronado None Lacayo and Partin -7- 378 City Council Minutes July 7, 1985 Mayor Kanel announced that the two abstension votes would count as aye votes due to the split in the Council's decision. 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 Lacayo and seconded by Councilman Mullen to approve Item Nos. 10 - 23-A on the Consent Calendar. 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. 10: Motion to Approve City Council Minutes of the Regular Meeting of June 24, 1985. Recommendation: That the City Council approve the Minutes of June 24, 1985, with Councilman Richard Partin and Mayor John Kanel abstaining due to their absences at the meeting. Item No. 11: Motion to Introduce and/or Adopt All Ordinances Presented for Consideration by Title Only and to Waive Further Reading. Item No. 12: Consideration of Proclaiming July 19, 1985, as "P.O.W./M.I.A. Recognition Day". Recommendation: That the Mayor and City Council officially proclaim July 19, 1985, as "P .0. W .IM.LA. Recognition Day" in the City of Cypress as requested. Item No. 13: Consideration of Claim Filed by Terry Ronel Herbert. 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. 14: Consideration of Employment List - Maintenance Worker I. Recommendation: That the City Council certify the Employment List for the position of Maintenance Worker I as submitted. Item No. 15: Consideration of a Resolution Making Certain Findings in Connection With an Industrial Disability Retirement Claim for Robert Tinnell. Recommendation: That the City Council adopt the Resolution by title only, title as follows, setting forth the findings of the City that Police Officer, Robert Tinnell, be placed on industrial disability retirement with PERS, effective July 9, 1985. RESOLUTION NO. 2952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CERTAIN FINDINGS IN CONNECTION WITH A CLAIM FOR INDUSTRIAL DISABILITY RETIREMENT. Item No. 16: Consideration of Alcoholic Beverage License Transfer Application Filed by Ronald Greeb, D.B.A. Ron's Liquor, 5591 Ball Road, Cypress. Recommendation: Receive and file. Item No. 17: Consideration of Annual Requalification of Participating Cities in the County of Orange Arterial Highway Financing Program (AHFP). Recommendation: That the City Council adopt a Resolution by title only, title as follows, informing the AHFP Advisory Committee that the Circulation Element of the Cypress General Plan conforms to the County Master Plan of Arterial Highways. -8- 379 City Council Minutes July 7,. 19,85. RESOL UTION NO. 2953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE THAT THE CIRCULATION ELEMENT OF THE CYPRESS GENERAL PLAN CONFORMS TO THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. Item No. 18: Consideration of Recommendations of Traffic Commission Meeting of June] 8, 1985. Recommendation: That the City Council approve the recommendations of the Traffic Commission as outlined in the report and adopt the Resolution by title only, title as follows, establishing "No Parking Any Time" zones on Grindlay Street between Lincoln Avenue and Orange A venue. RESOLUTION NO. 2954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING ANY TIME" ZONES ON GRINDLA Y STREET BETWEEN LINCOLN AVENUE AND ORANGE A VENUE. Item No. 19: Consideration of Acceptance of the Vonnie Lane Area Community Development Project, Tenth Year H/CD Program, City of Cypress Project No. 8319-10. Recommendation: That the City Council 1) Accept the Community Development Project (Tenth Year of the City's H/CD Program) encompassing the following areas as being satisfactorily completed in accordance with the Plans and Specifications: Vonnie Lane from Walker Street to Cypress Avenue, and Cypress Avenue from Vonnie Lane to Danny Avenue; and 2) Authorize the City Clerk to release the Contractor's Labor and Materials Bond upon expiration of the required lien period, providing no liens have been filed, and to release the Contractor's Faithful Performance Bond upon expiration of one year's guarantee, providing no defects in material or workmanship become evident. Item No. 20: Consideration of Custodial and Maintenance Services Agreement Renewal for Cypress Community Day School. Recommendation: That the City Council approve the renewal agreement for custodial and maintenance services for the Cypress Community Day School and authorize the Mayor and City Clerk to execute the contract. Item No. 21: Consideration of Acceptance of Final Tract Map No. 12313 (Southwest Corner of Orange A venue and Denni Street). Recommendation: That the City Council approve Final Tract Map No. 12313 and accept the public improvements bonds in the amount of $504,000.00 and authorize the City Clerk to sign the record map. Item No. 22: Consideration of Design Review Committee's Approval of #85-16 and #85-26. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 23: Consideration of Senior Citizens Nutrition Transportation Contract. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, approve the transportation contract with the Orange County Consolidated Transportation Service Agency for the fiscal year 1985-86, at a total of $2,297, payable to OCCTSA for the performance of this contract. Item No. 23-A: Consideration of Proclaiming July 27, 1985, as "Cypress Country Festival Day" . Recommendation: That the Mayor and City Council officially proclaim July 27, 1985, as "Cypress Country Festival Day" in the City of Cypress as requested. CONTINUATION OF CONSIDERATION OF RESOLUTIONS ESTABLISHING FEES FOR V ARIOUS CITY SERVICES: A staff report was presented June 18, 1985, for continuation of consideration of Resolutions establishing fees for various City services. It has been several -9- T 380 C\1g'}(i;ounci 1 Minutes July 7, 1985 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. The City is allowed to impose fees for its services which do no exceed the cost to provide these services. The proposed Resolutions would cover the fee schedules for the following categories: 1) Plumbing permits; 2) Electrical permits; 3) Building permits; 4) Police services; 5) Public Works and Planning Deparment services; and 6) Reproduction of various official records. Councilman Lacayo indicated that he has discussed this issue with staff to assure that the increases in fees are warranted. He added his suggestion that certain fees remain the same and if substantial staff time is involved, then an hourly fee should be charged. Councilman Lacayo concluded by expressing his opinion that the same fee should not be set for large projects as is for small projects, adding that the reason for the increase is to attempt to ['ecover staff time. Councilman Mullen stated that the applicant would not be encouraged to work with staff to produce a good project if he had to pay hourly fees. Councilman Coronado concurred with Councilman Lacayo that the costs of staff time should be charged as fees. Councilman Partin indicated that if the fees are not set, the applicants should be given an estimate of the cost in the beginning. Mayor Kanel, hearing no objections, directed the City Manager to refine and prepare a basic cost structure to be presented to the Council at the August 12, 1985, meeting. CONSIDERATION OF ANNUAL UPDATE REPORT ON HOLDER STREET: A staff report was presented dated June 27, 1985. Pursuant to the City Council's request to annually receive updated traffic impact information on the deferred Holder Street connection across the Stanton Channel, the staff had compiled an update report. The ultimate recommended action continues to be that Holder Street be connected across the Stanton Channel. It was moved by Councilman Mullen and seconded by Councilman Coronado to receive and file the report. The motion unanimously carried, 5-0. CONSIDERATION OF AWARD OF CONTRACT FOR AN EMPLOYEE FITNESS PROGRAM: A staff report was presented dated June 26, 1985, for consideration of award of contract for an employee fitness program. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize an appropriation from the fund balance of the General Fund and appropriate $400 to Account No. 4189-11-112-02; and authorize staff to enter into an eight week contract, the form of which is subject to City Attorney approval, with the California Corporate Fitness Company to conduct one hour (two 30-minute sessions) of isomatic exercise classes per week. 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 RESOLUTIONS PLACING THE ISSUE OF SENIOR AND AFFORDABLE HOUSING ON THE NOVEMBER 5, 1985 BALLOT AS REQUIRED BY THE PROVISIONS OF ARTICLE XXXIV OF THE STATE CONSTITUTION: A staff report was presented dated July 3, 1985, for consideration of Resolutions placing the issue of senior and affordable housing on the November 5, 1985, ballot as required by the provisions of Article XXXIV of the State Constitution. The City Attorney and staff suggested the following wording of the ballot measure: "Shall the City of Cypress develop, construct, or acquire within the City of Cypress, with local, state or federal assistance, low rent housing units limited to use by seniors not to exceed, in total throughout the City, 3% of the total number of dwelling units within the City?" Mayor Kanel recommended continuing this item to the July 22, 1985 meeting to review the wording of the measure. Hearing no objections, Mayor Kanel so ordered it continued. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 10256 - 10467: It was moved by Councilman Coronado and seconded by Councilman -10- 381 City Council Minutes July 7, 1985 Mullen to approve the Warrant List for Warrant Nos. 10256 -10467, in the amount of $424,528.28. 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 In regard to Item No. 31, which was added to the Agenda, Mr. Essex reported that a letter was received from the City of Huntington Beach indicating that several cities are interested in a Regional Hazardous Waste JPA for a fee of $10,000 for membership. The Council indicated that they did not wish to participate at this time. Mayor Kanel requested that staff return to the Council with a proposed Ordinance regulating hazardous toxic waste Tna:t~;ials. Mayor Kanel indicated that the Sanitation District will be holding elections for Chairman Hnd Vice Chairman on Wednesday, July 10, and suggested supporting Don Griffin for Chairman. It was moved by Councilman Coronado and seconded by Councilman Lacayo to instruct the voting delegate to cast a vote for Don Griffin for Chairman. The motion carried with four aye votes and one no vote from Councilman Mullen. It was moved by Mayor Kanel and seconded by Councilman Mullen to instruct the voting delegate to cast a vote for Boh Hansen for Vice Chairman. The motion unanimously carried 5-0. CLOSED SESSION: The Mayor called a Closed Session for litigation involving the Mann Property at 11:15 p.m., and the meeting reconvened at 11:30 p.m. ADJOURNMENT: It was moved by Councilman Coronado and seconded by Councilman Mullen and unanimously carried to adjourn the meeting at 11:30 p.m. MA YOR 0 ATTEST: ? ' / ~.~ .,' , .' 'fI" ,;1 ,1" CITy/ctfR'K F "M~ OF CYPRESS -11-