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Minutes 85-08-26 410 MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 26, 1985 The regular meeting of the Cypress City Council was called to order at 7:33 p.m., on Monday, August 26, 1985, in the Cypress City Council Chambers, 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; Mark Huebsch, City Attorney, and the following staff members: Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDG E OF ALLEGIA NCE: Councilman Partin led the Pledge to the Flag. ORAL COMMUNICATIONS: Mayor Kaoel asked if anyone wished to speak on any item that was not on the Agenda. No one wished to speak. STAFF REPORTS AND DISCUSSION: Councilman Lacayo requested consideration of funding for coffee supplies for the senior citizens, which was added to the Agenda as Item No. 34-A; Mayor Kanel added consideration of a letter of endorsement for the Kennedy High School Band and Drill Team on their forthcoming trip to Ireland, which was added as Item No. 18-A; and Mr. Essex requested a Closed Session at the end of the meeting for litigation, which was added as Item No. 35. Councilman Partin requested an update from Chief Lowenberg on the "Night Stalker" case. Chief Lowenberg briefed the Council on the case and indicated that the Police Department is taking every precaution to assure the safety of the Cypress citizens. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. C-211 - BUILDING EXPANSION OF HYATT DIE CAST, 4656 LINCOLN AVENUE: Planning Director Chris Eynon summarized the staff report dated August 21, 1985 for continuation of consideration of building expansion of Hyatt Die Cast, 4656 Lincoln Avenue, Cypress. Staff has researched the issues presented at the August 12 Council meeting and has met with Mr. Hyatt, as well as 10 neighborhood representatives on August 15 in an effort to better understand the neighbors' concerns. Ms. Eynon indicated that the new die casting machine to be installed in the proposed addition is comparable to the existing machines. Staff has made an onsite inspection of the Hyatt Die Cast Corporation facilities, including the die casting operations, the recreational vehicle storage yard and perimeter landscaping. Staff indicated that the investigation revealed that Hyatt Die Cast is in substantial compliance with the conditions of CUP No. C-211 which governs their die casting operations. However, the review of CUP No. 82-18 (RV Storage Yard) revealed several violations of the conditions of approval. Therefore, staff recommended that eight actions immediately be implemented to bring the property into conformance with the approved Conditional Use Permit which regulates the site's land uses. Ms. Eynon recommended the addition of Condition No.6 to Conditional Use Permit No. C-211 to read: "The applicant shall provide equipment, specifications, and calculations for any new machinery to the Public Works Director for approval". 1VJr. Essex pointed out that the eight corrections to bring Hyatt Die Cast into conformance with CUP 82-18 are required and will be imposed whether or not the requested Amendment to Conditional Use Permit C-211 is approved, and if they are not corrected, the Council has the right to revoke the Permit. Councilman Partin requested the addition of Condition No.7 to CUP C-211 to state: "Hyatt Die Cast shall be subject to periodic perimeter inspections by City staff at no longer than 6- month intervals". Dr. Meschuck, partner in the Hyatt Die Casting operation, addressed a number of concerns and referred to the original Resolution adopted in 1968 which outlined the conditions of approval, which he stated were all complied with. Dr. Meschuck indicated that a condition should be added requiring the removal of the trees uprooting the pavement. Dr. Meschuck requested that the Council inspect the site to investigate whether a slope is necessary for the access drive and indicated that bids have gone out for installation of a light pole. He City Council Minutes 41.1. August 26, 1985 concluded by indicating that if the fence must be removed for the access road that it could take up to six months due to the difficulty in removing the RV vehicles. Dr. Meschuck explained that Hyatt is not trying to violate any City rules and indicated that they would like consideration of working hours from 7:00 a.m. to 7:00 p.m. Mr. Martin Perry, of McAlpine Construction, was present in support of approval and to answer questions from the Council. Considerable discussion continued regarding the 25' setback/fire access lane and the Fire Department's need for access to the site. Mr. Fred Glass, 9210 Whitney Way, spoke in opposition to the request, and indicated that the trees are in an unsightly and uncared for condition and that when the doors are open during operating hours, the noise is unbearable. Mr. Glass added that the Council Sh0Uld obtain all facts and figures to back up the conclusion that the noise will be abated and not increased. Ms. Ann Marie McLauglin, 9161 Julie Beth, indicated that the plant is violating the approved hours of operation, water from the Plant floods her yard, and the die casting machinery needs larger concrete bases to lessen the vibrations. Mrs. McLauglin added that these issues should be corrected prior to consideration of expansion. Mr. Les Wilson, 9190 Whitney Way, spoke in opposition to approval, explaining that the noise will not be reduced, and presented a petition representing numerous residents urging denial. Mr. Garry Slate, Plant Manager of Hyatt Die Cast, indicated that he has been working diligently to improve the condition of the trees. Mr. Slate reported that the noise would be within the legal limits. Dr. Meschuck reported that Hyatt Die Cast is not the only noise-producing business in the area and indicated that the wrecking yard located adjacent to Hyatt is responsible in part for the noise disturbances. Mayor Kanel reported that Councilman Coronado had previously relayed that he was apprehensive regarding approval of this permit and therefore indicated that he would vote in opposition to the building expansion. Due to the problems in the past, as well as the present, and the violation of conditions, it was moved by Councilman Lacayo and seconded by Councilman Mullen to close the public hearing and to adopt the Resolution by title only, title as follows, denying the Amendment to Conditional Use Permit No. C-211. RESOLUTION NO. 2973 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. C-211. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado Dr. Meschuck reiterated that the Hyatt operation is not responsible for all of the noise generated in the area, and that a more efficient system is needed for monitoring the noise. Dr. Meschuck indicated that the business is experiencing trouble locating a means of removing the scrap metal. Mr. Essex indicated that he would contact the City's disposal service to see if they can be of assistance in the removal of the material. Councilman Mullen added that Hyatt Die Cast has a responsibility to mitigate the problems that are interfering with the neighbors enjoyment of their property and to be a good neighbor. RECESS: At 9:20 p.m., Mayor Kanel called a recess, and the meeting reconvened at 9:30 p.m. -2- 412 City Council Minutes Augu s t 26, 1985 Mayor Kanel directed staff to monitor the Hyatt operation to ensure compliance of the eight previously discussed improvements to bring the site into conformance with CUP 82-18, to obtain the City Attorney's input as to reasonable time limits to accomplish these improvements and to periodically update the Council on the status. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85- 321 (CHANGED FROM #85-283 BY ORANGE COUNTY SURVEYOR'S OFFICE), W ARLAND INVESTMENTS, LTD., S/W KATELLA A VENUE AND KNOTT STREET: Mr. Essex, referring to the staff report dated August 2, 1985, reported that the applicant once again has contacted staff and has requested that Parcel Map 85-321 be continued to the Council meeting of September 10, 1985. It was moved by Councilman Mullen, seconded by Councilman Partin, and unanimously carried to continue this item to September 10. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-19, LIQUOR STORE, 4991 ORANGE A VENUE: Planning Director Chris Eynon summarized a staff report dated August 16, 1985 for a request to establish a liquor store within the Picadilly Center at 4991 Orange Avenue in the Commercial Neighborhood Zone. The applicant proposed to occupy the easternmost lease space adjacent to Moody Street for the operation of a 1,840 square foot liquor store. Tentatively the applicant has indicated to staff that the hours of operation would be from 7:00 a.m. to 11:00 p.m. Sunday through Thursday and 7:00 a.m. to 12:00 a.m. Friday and Saturday. Staff indicated that the proposed liquor store does conform with the intent and development criteria of the Commercial Neighborhood Zone, and that an anchor store is needed at that Center. Staff added that this site has a history of high vacancy rates and that currently five of the six lease spaces are vacant. Mr. James Hubbard, 9369 Esther, explained that he is a long term resident of Cypress and has been very active in the community. Mr. Hubbard indicated that he lives behind the Center and intends to establish a neighborhood convenience store with mini-market items available in addition to the sale of liquor. Mr. Warren Bodwell, 4931 Orange A venue, expressed his opposition to the addition of a liquor store in the City, adding that presently too many liquor stores exist. Mr. Bodwell suggested that the City help the property owner to seek acceptable businesses that will help the Center to become stable and productive. Mrs. Dolson, 4921 Orange Avenue, expressed opposition to approval of a liquor store due to the increased number of kids congregating in the area who harass the homeowners and litter the streets and sidewalks. Mrs. Dolson added her opinion that it is not a desirable location for a liquor store. Councilman Lacayo questioned whether Mr. Hubbard would consider limiting the application to himself, in other words, if he were to sell, the new owner would be required to seek Council approval for a Conditional Use Permit, and also whether he would be in favor of a review of the business at two years. Mr. Hubbard indicated agreement to both proposed conditions. Mrs. Sandy Sorillo, 10542 Christopher, spoke in support of Mr. Hubbard's request and indicated that the problems with the kids are not caused by the businesses at that location. Mayor Kanel suggested adding as a condition that Mr. Hubbard will provide a full line of mini-market items. It was moved by Councilman Lacayo 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. 85-21 with the six conditions in the staff report, as well as the additional conditions recommended by Council, that the permit be assigned specifically to the applicant, and shall not be for the benefit of any other party, and that the applicant will attempt to provide a full line of mini-market items. RESOLUTION NO. 2974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-19 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado -3- T City Council Minutes August 26,198541:1 Mrs. Hubbard, 9369 Esther, urged the local residents to contact them if problems arise and added that they wish to be good neighbors. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-20, CARRY-OUT PIZZA RESTAURANT, 5024 BALL ROAD: Planning Director Chris Eynon presented a staff report dated August 16, 1985 for a request to operate a carry-out pizza restaurant at 5024 Ball Road (Ball-Moody Center) in the Commercial Neighborhood Zone. Domino's Pizza, applicant, proposed to sell pizza on a take-out or delivery basis only. No seating would be available for consumption on the site and the proposed hours of operation are 11:00 a.m. to 1:00 a.m. Sunday through Thursday and 11:00 a.m. to 2:00 a.m. Friday and Saturday. Mr. Essex read a communication that was received from Hagop Ghazarossian opposing the establishment of an additional pizza business in the City. Mr. Patrick O'Brien, Chief Executive Officer of Domino's Pizza, spoke in support of the reo,uest and answered questions from the Council. There was no one present in opposition to this request. It was moved by Councilman Lacayo 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-'20 subject to conditions. RESOLUTION NO. 2975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-20 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: 1l.BSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado COt:lSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-21, ICE Cr~EAM STORE, 6855 KATELLA AVENUE: A staff report was presented dated August 16, 19R5 for a request to allow the operation of a Baskin-Robbins Ice Cream Store at 6855 Katella Avenue, in the new Target/Cypress Center at the northwest corner of Katella and Knott. The subject lease space contains approximately 880 square feet with one door providing access into the building, and seating for 6 patrons. Staff recommended approval subject to conditions. Mr. Dirk Friend, Interlink Design for Baskin-Robbins Corporation, spoke in support of approval and was present to answer questions from the Council. There was no opp.osition to this request. It was moved by (~ouncilman 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. (,5-21 with conditions. RESOLUTION NO. 2976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 85-21 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado Mayor f{anel announced that Item No. 26 would be taken out of order and heard at this time. CONSIDERATION OF REVIEW OF HOURS FOR CONDITIONAL USE PERMIT NO. 76-7, CYPRESS SKA TEW A Y: Planning Director Chris Eynon summarized a staff report dated August 20, 1985, outlining the approved hours of operation. At the Council meeting of August 12, 1985, Mrs. Vogl, 9866 Joel Circle, addressed the Council regarding the noise at Cypress Skateway and requested that the existing Conditional Use Permit be reviewed. -4- City Council Minutes August 26, 1985 41.4 Mrs. Vogl, 9866 Joel Circle, reported that over the past couple months, the noise has increased and is too loud, especially on Wednesday nights, and indicated that the business is open beyond the approved hours of operation. Mr. Clark, 6143 Ball Road, owner of Skateway, reported that the hours of operation, as indicated in the staff report, are Monday, Tuesday, Thursday and Sunday - 9:00 a.m. to 10:30 p.m. and Wednesday, Friday and Saturday - 9:00 a.m. to 12 midnight. He added that the Wednesday night hours are approved only for non-school Wednesday nights. Mr. Clark indicated that he has been working to alleviate the noise and asked that Mrs. Vogl contact him directly if the noise is a problem in the future. Councilman Lacayo added that Skateway has been a good neighbor and provides a healthy means of entertainment for the youth. AWARD OF CONTRACTS: CONTINUATION OF CONSIDERATION OF A ONE-YEAR EXTENSION OF THE CITY'S MAINTENANCE AND SERVICE CONTRACT FOR HEATING, VENTILATION AND AIR- CONDITIONING (HV AC) EQUIPMENT: Public Works Director Bob Beardsley presented a staff report dated August 19, 1985 for continuation from the August 12 meeting of consideration of a one-year extension of the City's maintenance and service contract for heating, ventilation and air-conditioning (HV AC) equipment. Scott Air Conditioning has agreed to perform its services at the same rates as quoted in August 1983, at an estimated cost of $40,746.10. It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve a one- year contract extension to Scott Refrigeration Service, Inc., 1330 W. Collins Avenue, Orange, with the total cost not to exceed $40,746.10. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CONSIDERATION OF REPAIRS TO MYRA AVENUE STORM DRAIN, PUMP STATION #1: A staff report was presented dated August 12, 1985 for consideration of repairs to the flood control pump on Myra A venue at Pump Station # 1. Staff suspected a bearing failure in the shaft, but cannot be sure until the pump is torn down. Johnston Pump Company which installed the unit, could have it pulled, inspected, and repaired in fifteen days; all other companies indicated that additional time would be necessary. It was moved by Council man Lacayo and seconded by Councilman Mullen to allocate $12,000 from the unappropriated reserves of the General Fund to Account No. 4161-11-218-08 and dispense with regular bidding procedures and authorize Pump Station #1 repairs by Johnston Pump Company, 16021 Adelante Street, Azusa, in an amount not to exceed $11,227.00 plus tax. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kane} None Coronado CONSENT CALENDAR: An 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. Councilman Partin addressed Item No. 15 regarding the offshore oil drilling and the Council concurred that Southern California waters should be as protected as Northern California. It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve Consent Calendar Item Nos. 8 - 23. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado Item No.8: Motion to Approve City Council Minutes of the Regular Meeting of August 12, 1985. -5- T City Council Minutes Augu s t 26, 1985 415 Recommendation: That the City Council approve the Minutes of August 12, 1985, as submitted. Item No.9: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 10: Consideration of Design Review Committee's Approval of #85-29. Recommendation: Receive and file. Item No. 11: Consideration of Claim Filed by George Clinton Stafford, Attorney, On Behalf of Vincent James Camarata. Recommendation: That the City Council officially reject the subject claim and refer it to the City's Claims Adjuster, Carl Warren & Company, for appropriate disposition. Item No. 12: Consideration of Proclaiming September 16 - 21, 1985, as "Cystic Fibrosis Week" . Recommendation: That the Mayor and City Council officially proclaim September 16 - 21, 198~, as "Cystic "Fibrosis Week" in the City of Cypress as requested. Item No. 13: Consideration of Proclaiming September 24, 1985, as "Integrity Day". Recommendation: That the Mayor and City Council officially proclaim September 24, 1985, as "Infegrity Day" in the City of Cypress. Item No. 14: Consideration of Claims Filed by Mitchell Shapiro, Attorney, On Behalf of James Timothy Meyers. Recom mendation: That the City Council and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, officially reject the subject claims and refer them to the City's Claims Adjuster, Carl Warren and Company, for appropriate disposition. iterI' No. 15: Consideration of Resolution Supporting the Protection of the Orange County Coa;~-tline Prom Offshore Oil Drilling. RecolYl mendation: That the City Council adopt the Resolution by title only, title as follows, sUPr,orting-the protection of the Orange County Coastline from offshore oil drilling and authodze th'~ 1VIayor to transmit the Resolution to the appropriate State and Federal legisla tors. RESOLUTION NO. 2977 A RESCH, UTTON OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE PHOTECTION OF THE ORANGE COUNTY COASTLINE FROM OFFSHORE OIL DRILLING. It~u}Jo. 16;. Con:,ideration of Appropriation of 1984-85 Encumbrances - City. Rec;:;rnrnendation: That the City Council authorize appropriations per the worksheet totaling $2,'?67,G?'9 to the funds listed below: Gener'alFund 11 2] 06 :lm: Tax Fund 22 C:er.trai Services Fund 90 $ 531,086 1,724,838 11,705 Item No. 17: Consideration of a Resolution Determining that Park and Recreation Fees May Be Used as Appropriated in the 1984-85 Budget. Recom mendation: That the City Council adopt the Resolution by title only, title as follows, determining that Park and Recreation fees may be used as appropriated in the 1984-85 budget. RESOLUTION NO. 2978 A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DETERMINING THAT PARK AND RECREATION FEES MAYBE USED AS APPROPRIATED IN THE 1984-85 BUDGET. -6- C i t y 4~6c i I M i nut e s Augus t 26, 1985 Item No. 18: Consideration of City's Debt Service Tax Rate for the 1985-86 Fiscal Year. Recommendation: That the City Council adopt the Resolution by title only, title as follows, fixing the City's debt service tax rate to be .0050 percent (.000050) of the assessed value. RESOL UTION NO. 2979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE FOR THE FISCAL YEAR 1985-86. Item No. l8-A: Consideration of a Letter of Endorsement for the Kennedy High School Band and Drill Team on Their Forthcoming Trip to Ireland. Recommendation: That the City Council authorize the Mayor to transmit letters of endorsement to the Anaheim High School Board of Directors and to the Principal of Kennedy High School. Recreation and Park District Matters: Item No. 19: Consideration of Easement Grant Deed Across Pinewood Park - Tract No. 6653. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, approve the Easement Grant Deed across Pinewood Park, Tract No. 6653, and authorize the Mayor to sign said Deed. Item No. 20: Consideration of Appropriation of 1984-85 Encumbrances - Park District. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, authorize appropriations per the worksheet for encumbrances and capital projects totaling $30,648 to the General Fund and $4,614 to the Central Services Fund. Item No. 21: Consideration of the Cypress Recreation and Park District's Debt Service 'T'ax Rate for the 1985-86 Fiscal Year. Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, fixing the District's debt service tax rate to be .0126 percent (.000126) of the assessed value. RESOLUTION NO. 147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1985-86. Item No. 22: 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 $25 from Jenny Wheaton and appropriate $25.00 from the Central Services Fund to Account No. 4565-83-650-35 for the purchase of a colored television set for the Senior Citizens Center. Item No. 23: Consideration of Valley View No. 10 Detachment From the Cypress Recreation and Park District (East side of V.V. between Lincoln Avenue and Crescent Avenue). Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, setting forth the time and place for the Public Hearing to be conducted at the City Council's regular meeting of September 23, 1985. -7- T 4/7 City Council Minutes August 26, 1985 RESOLUTION NO. 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY OF BUENA PARK TO DETACH SUCH INHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED AS VALLEY VIEW NO. 10 DETACHMENT SETTING FORTH ITS REASONS FOR DESIRING DETACHMENT AND GIVING NOTICE OF THE TIME AND PLACE THE CYPRESS CITY COUNCIL WILL HEAR WRITTEN PROTESTS AGAINST SUCH DETACHMENT. DEFERRED BUSINESS: CONTINUATION OF CONSIDERATION OF CYPRESS LAND COMPANY DEVELOPMENT: A staff report was presented dated August 21, 1985 for consideration of the Team Report on the proposal for the Cypress Land Company development study which was continued to enable staff to contact the property owner to determine whether or not a joint venture project could be arranged. Mr. Essex requested continuation to September 10 to allow staff additional time to work with Cypress Land Company. Mayor Kanel, hearing no objections, continued consideration of this item to the Council meeting of September 10, 1985. CONTINUATION OF CONSIDERA'T'fON OF UPDATE ON LOS ALAMITOS RACE TRACK PROPERTY DEVELOPMENT: Mr. Essex suggested a continuance of this item until the return of Councilman Coronado. Mayor Kanel, hearing no objections, continued consideration of the update of Los Alamitos Race Track Property Development to September 10, 1985. NEW BUSINESS: CONSIDERATION OF DESIGN REVIEW COMMITTEE NOS. 85-20, 85-21, AND 85-23, LIGHT INDUSTRIAL WAREHOUSE BUILDINGS ON DANA CIRCLE: Planning Director Chris Eynon summarized the staff report dated August 19, 1985 for a request to construct three light industrial warehouse buildings at the terminus of Dana Way and Darin Way. The buildings are proposed to include warehousing, mezzanine storage areas and limited office space. Adequate off-street parking has been proposed incorporating landscaping throughout the parking facilities. Staff has met and worked extensively with the applicant to provide a suitahle development consistent with City codes. It was moved by Councilman Lacayo and seconded by Councilman Mullen to receive and file Design Review Committee Nos. 85-20, 85-21 and 85-23. The motion unanimously carried. ~2NsmERATION OF PROPERTY DAMAGE BY SOLICITORS: At the August 12, 1985 Council meeting, Councilman Coronado rquested that this item be placed on the August 26, ] 985 Council Agenda for discussion regarding complaints received from residents of damage to their screen doors by solicitors. Due to Councilman Coronado's absence, Mayor Kanel, hear'ing no objections, ordered this item continued to the meeting of September 10. CONSIDERATION OF AGREEMENT TO PROVIDE SEWER MAINTENANCE SERVICES IN THE COUNTY UNINCORPORATED AREA: A staff report was presented dated August 21, T985. The City has been requested by the County to provide sewer maintenance services in tlte County unincorporated area presently being served by the Cypress County Water District. This service could easily be provided by extending the existing contract between the City and the sewer maintenance contractor and would involve only a joint-powers agreement with the County of Orange to ensure the payment of the costs of maintenance and sewer repair. It was moved by Councilman Lacayo and seconded by Councilman Mullen to adopt the Resolution by title only, title as follows, indicating that the City would be willing to assume sewer maintenance services pursuant to a joint-powers agreement with the County of Orange. RESOL UTION NO. 2980 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING CERTAIN SEWER MAINTENANCE SERVICES IN THE COUNTY UNINCORPORATED AREA. The motion unanimously carried by the following roll call vote: -8- 418 City Council Minutes August 26, 1985 A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado CONSIDERATION OF BICYCLE/PEDESTRIAN TRAIL SURVEY: Mr. Essex distributed copies of the proposed draft questionnaire to be distributed to residents adjacent to the Channel, comparative values of land versus Stanton Channel Trail relocation, and a Crime and Incident Profile for Districts 41 and 42. Mayor Kanel suggested that Mr. Essex, Mr. Beardsley, one Council Member, as well as himself meet to work on the details of the survey and additional verbiage to clarify the intent. Councilman Lacayo volunteered to participate in the group. It was moved by Councilman Mullen and seconded by Councilman Partin to refer the draft survey to the Mayor and Councilman Lacayo for their review, with the survey to be returned to the Council for approval prior to distribution. The motion unanimously carried. CONSIDERATION OF STATUS REPORT ON THE MORATORIUM ON FORTUNE-TELLING: The City Attorney is currently reviewing this matter and Mayor Kanel, hearing no objections, continued this item to the Council meeting of September 10, 1985. CONSIDERATION OF DESIGNATING THE VOTING DELEGATE AND ALERNATE FOR THE ANNUAL LEAGUE OF CALIFORNIA CONFERENCE: A staff report was presented dated August 20, 1985, for consideration of designating the voting delegate and alternate for the annual League of California Conference. A communication has been received from Mr. Don Benninghoven, Executive Director of the League of California Cities, requesting the City Council to designate a voting delegate and an alternate for the General Business Session at the annual League Conference scheduled for Tuesday, October 8, 1985, at 3:30 p.m. Pursuant to past City Council policy, the Mayor is the voting delegate with either the Mayor Pro-tern or other available Council Member serving as the alternate. It was moved by Councilman Mullen and seconded by Councilman Partin to authorize Mayor Kanel to serve as the voting delegate and designate Mayor Pro-tern Lacayo to serve as the alternate for the General Business Session at the annual League Conference. 'The motion unanimously carried. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 10945 - 11168: It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrant Nos. 10945 - 11168, in the amount of $394,789.60. 'The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: o COUNCIL MEMBERS: 1 COUNCIL MEMBERS: Lacayo, Mullen, Partin and Kanel None Coronado RECREATION AND PARK DISTRICT MATTERS: The City Council Acting as the Ex Officio Governing Board of Directors of the Cypress Recreation and Park District. In regard to Item No. 34-A, added to the Agenda by Councilman Lacayo, he indicated that he had attended the seniors' 5th annual luncheon and was informed that the Meals on Wheels Program cannot afford to provide coffee for the seniors. Councilman Lacayo requested Council approval of funds to provide the seniors with coffee and necessary supplies for the remainder of the year. It was moved by Councilman Lacayo and seconded by Councilman Mullen to appropriate $500 from the unappropriated fund balance of the General Fund to Account No. 4104-11-117-02 for coffee, cups and supplies for the remainder of the year. CONTINUATION OF CONSIDERATION OF ESTABLISHMENT OF THE CYPRESS CULTURAL ARTS COMMIS.'SION: A staff report was presented dated August 21, 1985, for continuation of consideration of establishment of the Cypress Cultural Arts Commission. Councilman Lacayo questioned whether any existing members of the Recreation and Community Services Commission would serve on the Cultural Arts Commission. Mayor Kanel, referring to Recommendation No.4 of the staff report dated August 5, 1985, indicated that a representative from the Cultural Arts Commission would be appointed as a non-voting ex-officio member of the Recreation and Community Services Commission. That -9- T City Council Minutes August 26, 1985 Commission would likewise appoint an ex-officio non-voting member to serve on the Cultural Arts Commission. It was moved by Councilman Lacayo and seconded by Councilman Partin, and acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, to approve the establishment of a Cultural Arts Commission with the City Attorney to report back on the details and procedures. The motion unanimously carried. CLOSED SESSION: At 10:48 p.m., Mayor Kanel called a Closed Session for litigation and the meeting reconvened at 11:16 p.m. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Partin, and unanimously carried to adjourn the meeting at 11:18 p.m. MA ATTEST: -10-