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Minutes 85-09-23 42t) MINUTES OF THE MEETING OF THE CYPRESS CITY COUNCIL HELD September 23, 1985 The regular meeting of the Cypress City Council was called to order at 7:36 p.m., on Monday, Sept~mber 23, 1985, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, Califorllia, Mayor John Kanel presiding. PRESENT: ABSENT: Council Members Coronado, Lacayo, Mullen, Partin and Kanel None Also present were Darrell Essex, City Manager; Mark Huebsch, City Attorney, and the following staff members: Barrett, Beardsley, DeCarlo, Eynon, Hurst, Krauss and Leonard. 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. Harold Richards, 11688 Onyx Street, Cypress, expressed his opinion that the motor vehicle Ordinances of the City are not being enforced; stated that he could not easily obtain public records; and indicated that a noise problem is present in his neighborhood that is not being resolved. Mayor Kanel placed this item on the Agenda as Item No. 32-A. Mr. Carl Balmer, 9302 Vista Bonita, Cypress, speaking on behalf of a number of residents, reported that the cable television boxes being installed throughout the City are unsightly, unacceptable and hazardous, noting in particular the cable box installed at 5299 Vista Hermosa. In addition, he indicated that the residents were not notified that this equipment would be installed on their property. He indicated that the boxes should be removed and the cable television installation methods reassessed. The Mayor added this for discussion as Item No.5-A. Mr. Michael Osborn, 9532 Sonwell Place, Cypress, inquired of the status of the Miss Cypress Pageant and questioned whether the advertisements in the newspaper for the Pageant are Council endorsed. The Mayor indicated that the Council is working diligently to establish the Cultural Arts Commission in a timely manner to handle the Pageant responsibility. Councilman Lacayo indicated that the CATV Commission and the Cultural Arts Commission should both be equally responsible for the production of the Pageant. He added that a guideline structure should be submitted by the CATV Commission with their input, as well as a proposed assignment. PRESENTATION OF RESOLUTION COMMENDING THE CYPRESS TRI-CITIES GORDONS PANTHERS, 1985 AMATEUR SOFTBALL ASSOCIATION 15 AND UNDER NATIONAL CHAMPIONS: Mayor Kanel announced that this presentation would be continued to the meeting of October 15, 1985 to enable the Panthers to be present. ADMINISTERING LOYALTY OATH AND PRESENTATION OF CERTIFICATES OF APPOINTMENT TO YOUTH COMMISSIONERS: Mr. Essex administered the oath of office and Mayor Kanel presented certificates of appointments to the following Youth ,Commissioners: Eva Lozano, Deborah Niederman, Eric Olsen, Ken Stampe, Renee Raithel and Staci Liming. In addition, Kenneth Kawamura was reappointed for an additional term. Mayor Kanel welcomed them to the Commission. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 85- 321, WARLAND INVESTMENTS, LTD., S/W KATELLA AVENUE AND KNOTT STREET: Psomas and Associates, applicant, has again contacted staff and requested that Parcel Map No. 85-321 be continued to the Council meeting of October 15. It was moved by Councilman Lacayo and seconded by Councilman Mullen to continue this item as requested. The motion unanimously carried. STAFF REPORTS AND DISCUSSION: Mr. Essex distributed an amended copy of the Ordinance regarding the establishment of a Cultural Arts Commission, indicating the only change to be Section 2.32. - Term of Office, which would provide for all initial appointees to serve a one year term of office with reappointment of staggered terms for those commissioners wh9 f}r~ ~p'point~g gr reflPP9jJ1t~d followi~ the OPe year terl1l. City Council Minutes 427 September 23, 1985 Mr. Essex pointed out a correction regarding Item No. 24 on the Agenda, Page 8 in the Ordinance concerning fortune-telling. Mr. Bssex indicated that the County is requesting adoption of an Ordinance establishing new requirements for the operation of ambulances in the City, which was added as Item No. 32- B. Mr. Essex recommended Council consideration of a request from Mr. Lowell Berwick of Berwick's Radiator Service, to allow for the installation of trailer hinges as an additional use on his property, which was added as Item No. 5-B; consideration of authorization to enter into Cl sub-lease agreement with the North Orange County Regional Occupational Program for a portion of the Oxford Junior High School site, which was added as Item No. 32-C; and a nosed Session for litigation at the end of the meeting. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 85-23, OUTDOOR STORAGE CONTAINERS AT TARGET, 6835 KATELLA AVENUE: Planning Director Chris Eynon summarized a staff report dated September 12, 1985 for a request to place ten outdoor bulk cargo storage containers along the northwest corner of the parking lot of the Target-Cypress Center site located at 6835 Katella A venue. This area is presently striped for ten standard parking stalls. Target Stores is requesting permission to utilize the storage containers on an immediate basis through January 31, 1986. Also, the applicant is requesting permission to use the containers as needed throughout the year with access being limited between the hours of 8:00 a.m. to 5:00 p.m. Staff recommended that Target be required to notify the Planning Department each time the containers are to be moved on to the site with an estimate of how long they will remain; that the City Council maintain the right to review and modify this use permit should substantiated complaints be received pertaining to the storage containers; the Council shall review Conditional Use Permit No. 85- 23 one year from the date of issuance; and the north, west and south sides of the storage container area shall be screened with fence and/or landscaping. Councilman Coronado expressed concern over the strength of the asphalt supporting the containers and the possiblity that rodents and trash would collect underneath the containers. Mr. Rich Hachigian, 3823 Aliso Drive, Dana Point, Genera] Manager for Target Store, spoke in support of the request and assured the Council that Target would maintain the storage bin areas to discourage rodents and that the extra storage would only be needed for the three or four big sales yearly. Councilman Coronado indicated that the use of additional padding around the doors would help protect against excessive noise. Mr. Bill Dunlap, Cabot, Cabot and Forbes, 2390 East Orangewood Avenue, Anaheim, spoke in opposition of approval and indicated that he is presently attempting to lease the building located west of the Target Center and that the second floor windows of his building will have a direct view of the containers. He further stressed that when planning the Target Center, the needed storage space should have been addressed and resolved. Mr. Dennis Gerard, 6860 Via Kannela, Stanton, spoke in opposition to the containers, expressing his concern that additional noise would be generated and kids may be attracted to and congregate at that location. Mr. Gerard added his opinion that the storage containers are unattractive and will decrease the value of his home. 'Mr. Torn Loftus, 6870 Via Kannela, Stanton, spoke in opposition to the storage bins and added that originally he was informed that a 12' landscaping setback would be required between his backyard fence and the parking lot. Mr. Hachigian indicated that he would obtain containers that are in the best possible shape and would provide trees taller than the containers to adequately screen the area. Planning Director Chris Eynon presented slides of the site to clarify the location of the proposed containers. Discussion continued with Councilman Lacayo questioning the landscaping along the north wall. Ms. Eynon indicated that the trees are fast growing, but were not planted on schedule and the trees, although in 15 gallon containers as required, were extremely young. Councilman Mullen indicated that the placement of storage containers at this location is not appropriate and he would not support approval. -2- 1 '"-l Cj L 0:::0 City Council Minutes September 23, 1985 Councilman Lacayo indicated that ample space does exist for the containers and suggested landscaping the northjsout strip of driveway to shield the containers and the parking lot. from the business park to the west and to use the 30 to 40 gallon trees that are 10 to 12 feet high. Councilman Partin indicated that he would not support the storage contai!!ers as proposed, but would consider a permanent structure to house the containers. Councilman Coronado indicated his lack of support for the proposal at this time. Councilman Lacayo suggested continuing this item to enable the applicant to meet with staff and surrounding residents and business owners and for staff to address the feasihlity of a permanent structure. Mr. Dunlap indicated that he is willing to work with staff regarding the screening of the sight line and the feasibility of a permanent structure at that location. It was moved by Councilman Lacayo and seconded by Councilman Coronado to continue this item to enable staff to meet with Target; Cabot, Cabot and Forbes; and the opposing' residents regarding the screening and permanent structure issues. The Planning Director indicated that additional time may be necessary to complete these meetings. Councilman Partin suggested approving a temporary permit for storage to enable Target to store the needed merchandise for the grand opening. Discussion continued with the Mayor suggesting approval of a 30-day period for temporary storage with staff to return with a report. Councilman Lacayo suggested a minute action to approve the storage containers for 30-days. Mr. Hachigian indicated that he would be happy to meet with staff, surrounding neighbors and Cabot, Cabot and Forbes. Mr. Dunlap spoke in opposition to the approval of temporary storage, and urged the Council that if approved to require screening around the temporary storage. Councilman Lacayo withdrew his motion to continue and Councilman Coronado concurred. It was moved by Councilman Lacayo and seconded by Councilman Coronado to approve the a temporary storage permit for a 30-day period with the condition that adequate screening be approved through staff. The motion carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel Mullen None It was moved by Councilman Lacayo and seconded by Councilman Coronado to continue consideration of Conditional Use Permit No. 85-23 until the October 28, Council meeting. 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 RECESS: At 9:30 p.m., Mayor Kanel called a recess and the meeting reconvened at 9:38 p.m. Mayor Kanel opened Public Hearing Nos. 3, 4 and 5 and continued them until Item No. 5-A was heard. In regard to Item No.5, discussion on the CATV equipment installation, Mr. Essex distributed copies of the letters that were distributed to the residents' doors, which Mr. Barrett indicated was required to be delivered at least 48 hours prior to commencement of installation of the system, and which notified the homeowners of the necessity of locating some of the cable equipment boxes on private property. Mr. Balmer indicated, as well as a few residents in the audience, that they were not notified by any means of the installation and again reiterated that the above-ground installation is aesthetically displeasing, as well as dangerous. Mr. Balmer added that other cities, to his -3- City Council Minutes L129 September 23, 19~ ' knowledge, have all-underground cable systems. Councilman Partin suggested that staff investigate the complaints. It was moved by Councilman Mullen and seconded by Councilman Lacayo to direct staff to investigate the complaints, video tape various areas in the City, research if any City has all cable equipment installed underground, and to return to Council with a report at the next meeting. The motion unanimously carried. In regard to Item No. 5-B, Planning Director Chris Eynon reported that Mr. Lowell Berwick, of Berwick's Radiator Service, 5351 Lincoln A venue, wished to add the service of trailer hinge installation as a business on his property. The Conditional Use Permit states only radiators may be installed. Staff has investigated and din not have a problem with the request. It was moved by Councilman Lacayo and seconded by Councilman Mullen to amend Conditional Use Permit No. 78-14 to include the installation of trailer hinges as a permitted use. The motion 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 CONDI'fIONAL USE PERMIT NO. 85-7, TEN-UNIT CONDOMINIUM PROJECT AND DENSITY BONUS ALLOWANCE, 5462 DELONG STREET: Planning Director Chris Eynon summarized the staff report dated September 16, 1985 for a request to construct ten two-story condominium units with single story detached two-car garages on a .54 acre site located at 5462 DeLong Street, as well as a density bonus allowance. The property in question fronts both Walker and DeLong Streets and contains an old deteriorating single-family residence with the majority of the site being vacant. This is the second request filed on the subject site to allow the construction of a ten-unit condominium project with a two-unit density bonus allowance. The Council approved a request by Manor Builders, however, they are no longer involved with this project. Due to the proposal of a different plan, the applicant was required to amend the Conditional Use Permit. Staff indicated that the subject proposal does meet the development standards of the Zoning Ordinance and recom mended approval subject to conditions. Ms. Eynon requested an addition to Condition No. 25 to state that the written agreement entered into between the developer and the City Council shan be recorded with the Orange County Recorder. Mr. Richard Freeman, 3800 Dafalgreen Lane, Rolling Hills Estates, spoke in support of approval and answered questions from the Council. Mr. Machado, 5432 DeLong Street, expressed concern over the access of the proposed driveway on DeLong due to the number of cars parked along DeLong, especially from those utilizing the park, making it difficult to exit the driveway. Mayor Kanel addressed the parking issue, suggesting that perhaps permit parking should be researched to be considered for those residents living in the area. Councilman Mullen explained that if the driveway was located on Walker Street as suggested by Mr. Machado, one problem would be too many approaches on a main thoroughfare. Councilman Mullen inquired as to the status of the continuous left turn pocket from Lincoln to DeLong and its effect on this project, which the Public Works Director briefly summarized. Mayor Kanel inquired whether staff felt that a traffic signal at Walker and DeLong is warranted at this time. Staff indicated that they would look into it. Councilman Lacayo suggested that the Council consider studying the density of the area for possible changes. Considerable discussion continued regarding the access to the proposed complex and the traffic flow issue. It was moved by Councilman Lacayo and seconded by Councilman Coronado to close the public hearing and to adopt the Resolution by title only, title as follows, approving an Amendment to Conditional Use Permit No. 85-7, with conditions. -4- 430 City Council Minutes September 23, 1985 RESOL UTION NO. 2987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 85-7 - 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 Mayor Kanel asked that staff study the feasibility of permit parking. Councilman Lacayo requested staff to look into the possiblity of utilizing a section of the park to create additional parking. CONSIDERATION OF PUBLIC HEARING RE: URGENCY ORDINANCE OF THE CITY OF CYPRESS AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 640 OF THE CYPRESS ZONING ORDINANCE, RELATING TO THE LOCATION OF FORTUNE-TELLING BUSINESSES: The Planning Director presented a staff report dated September 17, 1985 for consideration of an Urgency Ordinance amending certain sections of the Zoning Code to provide for the location of fortune-telling businesses in certain zones within the City of Cypress. After reviewing the subject use with the City Attorney, it was determined that the most appropriate zones for the location of fortune-telling businesses are the Office Professional Zone and the Commercial Neighborhood Zone. These zones are for service oriented uses such as professional offices and client oriented businesses. Councilman Mullen questioned why hypnotism was included in the definition of fortune- telling businesses, due to the number of physicians and other persons licensed to practice hypnotism. The City Attorney suggested that the following wording be included to clarify the definition of hypnotism: "...other than in connection with the practice of medicine". It was moved by Councilman Mullen and seconded by Councilman Partin to close the public hearing and to adopt the Urgency Ordinance by title only, title as follows, amending certain sections of the Cypress Zoning Ordinance relating to the location of fortune-telling businesses, to include the additional wording recommended by the City Attorney, clarifying the definition of hypnotism. Mayor Kanel indicated that this Ordinance was not in the best interest of the community, and therefore would not vote in support of approval. ORDIN ANCE NO.7 47 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CERTAIN SECTIONS OF THE CYPRESS ZONING ORDINANCE RELATING TO THE LOCATION OF FORTUNE-TELLING BUSINESSES. The motion 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 It was moved by Councilman Lacayo and seconded by Councilman Mullen to approve the first reading of the Ordinance, by title only, title as follows, amending certain sections of the Cypress Zoning Ordinance relating to the location of fortune-telling businesses, to include the additional wording recommended by the City Attorney. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CERTAIN SECTIONS OF THE CYPRESS ZONING ORDINANCE RELATING TO THE LOCATION OF FORTUNE-TELLING BUSINESSES. The motion unanimously carried by the following roll call vote: -5- City Council Minutes 431 September 23, 1985 A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen and Partin Kanel None CONSIDERATION OF VALLEY VIEW NO. 10 DETACHMENT FROM THE CYPRESS RECREATION AND PARK DISTRICT: A staff report was presented dated September 12, 1985 for consideration of Valley View No. 10 Detachment from the Cypress Recreation and Park District of approximately 1.8 acres of land located on the east side of Valley View Street between Lincoln A venue and Crescent A venue. The subject site has been approved by LAFCO for annexation to the City of Buena Park. One of the primary conditions of the annexation approval was that the Board of Directors of the Cypress Recreation and Park District detach the subject property. There was no opposition to this action. It was moved by Councilman Mullen and seconded by Councilman Lacayo, acting as the ex officio governing Board of the Cypress Recreation and Park District, to close the public hearing and to adopt the Resolution by title only, title as follows, approving Valley View No. 10 Detachment. RESOLUTION NO. 150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE DETACHMENT KNOWN AS "VALLEY VIEW NO. 10 DETACHMENT FROM THE CYPRESS RECREATION AND PARK DISTRICTlT. 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 In regard to Item No. 32-A, Mr. Richards reiterated his concerns regarding the noise Ordinance, motor vehicle Ordinance and access to City records. City staff addressed each of the concerns. The Council indicated that the staff had acted accordingly on each concern and have attempted to work with Mr. Richards to resolve the issues he has addressed. RECESS: At 10:48 p.m., Mayor Kanel called a recess and the meeting reconvened at 10:53 p.m. CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) 6000# CAPACITY LIFT TRUCK, REQUEST FOR QUOTATION NO. 8586-06: A staff report was presented dated September 13, 1985 outlining the three bids received for one 6000 pound capacity lift truck (forklift). It was moved by Councilman Lacayo and seconded by Councilman Mullen to award the contract for the purchase of one 6000 pound capacity lift truck to Johnson Lift, 6 Bendix, Irvine, in the total amount of $34,956.68, which includes an optional driving light package. 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 HYDRAULIC VEHICLE LIFTS FOR CITY MAINTENANCE GARAGE - REQUEST FOR QUOTATION NO. 8586-07: A staff report was presented dated September 16, 1985 outlining the three bids received for the purchase of one Weaver Twin Post Lift and one Bestway Platform Lift. It was moved by Councilman Mullen and seconded by Councilman Lacayo to award the contract for the purchase of one Weaver Twin Post Lift and one Bestway Platform Lift to Pacific Lift and Equipment, Incorporated, 4673 Alger Street, Los Angeles, in the amount of $6,130.34 which includes removal of an existing lift and application of an epoxy-fiberglass coating to the new lift pistons. The motion unanimously carried by the following roll call vote: -6- 402~ City Council Minutes September 23, 1985 A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and K anel None None CONSIDERATION OF REPAIR TO CITY-OWNED RENTAL UNITS ON WICKER DRIVE: A staff report was presented dated September 17, 1985 for the three bids secured for the repairs of City-owned rental units on Wicker Drive. It was moved by Councilman Lacayo and seconded by Councilman Mullen to authorize the transfer of $3,000 from the unappropriated reserves of the General Fund to Capital Project Account No. 4186-11-483.24 and award the contract to Rogers Roofing Company, 4912 Lincoln Avenue, Cypress, in the amount of $2,754.00 to re-roof 5371 and 5373 Wicker Drive. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNC~IL MEMBERS: o COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None 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. Councilman Partin requested removal of Consent Calendar Item No. 19 for discussion. It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve Consent Calendar Item Nos. 9 -- 18 and 20 - 23. 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 Item No.9: Motion to Approve City COllncil Minutes of the Regular Meeting of September 10, 1985. Recommendation: That the City Council approve the Minutes of September 10, 1985, as submitted with Councilman Coronado abstaining due to his absence at the meeting. Item No. 10: Motion to Introduce and/or Adopt All Ordinances Presented For Consideration by Title Only and to Waive Further Reading. Item No. 11: Consideration of Proclaiming October 6 - 12, 1985, as "Fire Prevention Week". Recommendation: That the Mayor and City Council officially proclaim the week of October 6 - 12, 1985, as "Fire Prevention Week" in the City of Cypress. Item No. 12: Consideration of Design Review Committee's Approval of #85-31, #85-32, and #85-35. Recom mendation: Receive and file. Item No. 13: Consideration of an Application for an Original Alcoholic Beverage License Filed by Daniel Miller &. Sara Marquerite Christ and Albert Leon &. Barbara Jane Fagins, D.B.A. AI-N-Maggies, Inc., 9575 Valley View Street, Cypress. Recommendation: Receive and file. Item No. 14: Consideration of an Application for Alcoholic Beverage License Transfer Filecf by Charles Leonidas Perry, D.B.A. Barney Bryan's Ritz Grill, 6197 Ball Road, Cypress. Recom mendation: Receive and file. Item No. 15: Consideration of an Application for an Original Alcoholic Beverage License Filed by Michael Dean Bryman, D.B.A. Numero Uno Pizza, 6931 Katella Avenue, Cypress. Recommendation: Receive and file., -7 - City Council Minutes 43a September 23, 1985 Item No. 16: Consideration of Proclaiming September 23 - 29, 1985, as "Arts Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim September 23 - 29, 1985, as "Arts Week" in the City of Cypress as requested. Item No. 17: Consideration of Resolution of Commendation for Mr. Dale Kroesen. Recommendation: That the City Council adopt a Resolution by title only, title as follows, commending Mr. Dale Kroesen for his outstanding Civic endeavors. RESOL UTION NO. 2988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. DALE KROESEN FOR HIS OUTSTANDING CIVIC ENDEAVORS. Item No. 18: Consideration of Resolution Congratulating the City of La Palma on Its 30th Anniversary. Recommendation: That the City Council adopt a Resolution by title only, title as follows, congratulating the City of La Palma on its 30th Anniversary. RESOLUTION NO. 2989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONGRATULATING THE CITY OF LA PALMA ON THE OCCASION OF ITS 30TH ANNIVERSARY. Item No. 20: Consideration of Request for Proposal for Professional Planning Services to Update the Cypress General Plan. Recommendation: That the City Council authorize staff to solicit proposals for professional planning services to update the Cypress General Plan. Recreation and Park District Matters: Item No. 21: Consideration of Proposed Fee Increase for Pre-School "Kids Corner". Recommendation: That the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, approve the proposed fee increase of $40, $59.50, and $36 for 3-year-olds, 4-year-olds, and summer session respectively, as recommended by the Recreation and Community Seravices Commission, with the fee increase to begin with the Winter 1986 session of Kids Corner. Item No. 22: Consideration of Proclaiming the Week of September 30 Through October 6, as "Cultural Arts Week" in the City of Cypress. Recommendation: That the City Council, and acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, proclaim the week of September 30 through October 6, 1985, as "Cultural Arts Week" in the City of Cypress as recommended by the Recreation and Community Services Commission. Item No. 23: Consideration of Request for Waiver of Community Center Use Fees. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, waive all fees for use of the Community Center by the Casa de Bienvenidos organization, as recommended by the Recreation and Community Services Commission. In regard to Item No. 19, consideration of City membership in the Southern California Water Committee, Inc., Councilman Partin questioned whether membership with this Committee would be beneficial. It was moved by Councilman Mullen and seconded by Councilman Partin to approve membership in the Southern California Water Committee, Inc., and authorize payment of $750 as the City's membership fee. The motion carried by the following roll call vote: -8- 434 City Council Minutes Septf;mber 23,1985 A YES: NOES: ABSENT: 3 COUNCIL MEMBERS: 2 COUNCIL MEMBERS: o COUNCIL MEMBERS: !\1ulh'n, Partin Illld l<ane) CorlHlHdo and Lh('HYO N(lne OEPEPRED BUSINESS: COt'-:TiNUATION OF CONSID imXnON OF Fl;Wn i'; 1:- lL!.UN(l OHDINANCE: A staff rep-C;"r-:f-was 'presen ted(Iate(:fS--;'~pte"mber-i7~--I9 85 lor-~~-()n;:;Tder ~;ltT0i1-oTanTTrg'ericy Ol'di na nee repealing and establishing eer'tain sections of the City rode in eonnectioc with fortune-' tellinf~. It was moved by Councilman Lacayo and seconded by Councilman {'arth "J ItIhpt ~ '1", Urgency Ordinance by title only, title as follows, repealing and est8hlishI'W ('ert;:ii1..;("e11(i)\~: of the City Code relating to fortune-telling, to include the wording reeo'l,illenrled h~' the (~ily A ttorney clarifying the definition of hypnotism, as well as the corrected ~age 8. ORDINANCE NO. 748 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THF ,'11"- OF (~YPRFS~ CONCERNING FORTUNE-TELLING, REPEALING ANn FSTAIILISHINn CERTAIN SECTIONS OF THE CITY CODE OF THE (Try OF ('YPR FSS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, ~lIullen Hnd Partin Kanel None It was moved by Councilman Lacayo and seconded by Councilman Partin to approve the first reading of the Ordinance by title only, title as follows, repealing and estflhlishing cel'tain sections of the City Code relating to fortune-telling with the added wording hy tl1e rity A ttorney regarding hypnotism. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ('YPRESS CONCERNING FORTUNE-TELLING, REPEALING A ND EST AHLfSHING CERTAIN SECTIONS OF THE CITY CODE OF THE CfTY OF ('YPR ESS. The motion carried by the following roll call vote: A YES: NOES: ABSENT: 4 COUNCIL MEMBERS: 1 COUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen Hnd Partin K anel None CONTINUATION OF CONSIDERATION OF CYPRESS LAND COMPANY PEVELOPMENT: A staff report was presented dated September 16, 1985 for consideration of r.ypr0ss Land Company development which was continued from the Council meeting of September 10, L985. The property owner has once again requested additional time to prepare his proposal. It was moved by Councilman Mullen and seconded by Councilman Partin to continue this item as requested to the Council meeting of October 15, 1985. Mayor Kanel so ordered it continued. CONTINUATION OF CONSIDERATION OF PUBLIC INFORMATION SERVICES: A staff report was presented dated September 17, 1985 for continuation of consideration of a contract with a Public Information Services Officer to establish a news bureau; develop a new City Council Newsletter format; review and/or revise departmentally developed public information items; provide regional/national recognition; and develop and advertise the City CATV channel program. The Mayor and staff have met with Randell Economy and have indicated that approximately 15 to 20 hours of professional services would be necessary at a probable cost range of $1,000 to $1,500 per month. Following discussion, it was moved by Councilman Partin and seconded by Councilman Mullen to approve the Public Information Program outlined in the report of September 17, 1985, to request staff to return with a contract for these services from Mr. Economy. The motion unanimously carried by the following roll call vote: -9- City Council Minutes S e p t emb e r 2 3, 19 8 5 4 3 5 A YES: NOES: ABSENT: 5 COUNCilJ MEMBERS: o rOUNCIL MEMBERS: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None CONTINUATION OF CONSIDERATION OF PROPERTY DAMAGE BY SOLICITORS: Councilman Coronado indicated that he has received numerous complaints from residents that solicitors distributing literature door-to-door are causing damage to screen doors by their methods of attaching the material to the screens. It was moved by Councilman Lacayo and seconded by Councilman Coronado to direct staff to prepare a Resolution, for Council consideration at the meeting of October 15, which outlines the rules and regulations regarding the distribution of material to Cypress residents, to be forwarded to businesses going door-to-door, to candidates prior to an election, as well as to real estate offices. Hearing no objections, Mayor Kanel so ordered. NEW BUSINESS: CONSIDERATION OF ADOPTION OF ORDINANCE ESTABLISHING THE CULTURAL ARTS COMMISSION AND APPOINTMENTS TO THE rOMMISSION: A staff report was presented dated September 18, 1985 for consideration of an Urgency Ordinance establishing a Cultural Arts Commission. The City Attorney prepared an Amendment to Section 2.32 - Term of Office, which would provide for all initial appointees to serve a one year term of office with reappointment of staggered terms for those corn missioners who are appointed or reappointed following the one year term. Mayor Kanel announced the following six names for consideration of appointment recommended by the Council members: Jeanne Hawkins; Alvin Weinberg; Irene Hornby; Sharon Hadjinian; Joan Edwards; and Gay Hannah. The Mayor indicated that the one additional member would be decided upon as soon as possible. It was moved by Councilman Coronado and seconded by Councilman Partin to approve the six names as presented and to adopt the Urgency Ordinance by title only, title as follows, establishing a Cultural Arts Commission and amending certain sections of the City Code. ORDINANCE NO. 749 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE V TO THE CODE OF THE CITY OF CYPRESS ESTABLISHING A CULTURAL ARTS COMMISSION AND AMENDING SECTIONS 2.43 AND 2.49 OF THE CODE OF THE CITY OF CYPRESS. 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 COMMUNICATION FROM COUNCILMAN IRV PICKLER OF THE CITY OF ANAHEIM, REGARDING THE HAZARDOUS WASTE MANAGEMENT AUTHORITY: A staff report was presented dated September 18, 1985 for consideration of a communication from Anaheim City Councilman Irv Pickler regarding the current status of the Orange County Joint Powers Agreement which is being developed to create a Hazardous Waste Management Authority. It was moved by Councilman Partin and seconded by Mayor Kanel to approve membership in the Hazardous Waste Management Authority in the approximate membership amount of $700. Councilman Lacayo suggested that Council receive additional information on this issue. Mayor Kanel spoke regarding the importance of this program and stated that he would provide Council with more information. Councilman Partin and Mayor Kanel withdrew their motion for approval. Mayor Kanel, hearing no objections, continued this item to the Council meeting of October 15 to receive additional information. CONSIDERA TION OF APPOINTMENT TO A CITY LIAISON PROTOCOL COMMITTEE: A brief report dated September 18, 1985 was presented for consideration of a request from Mrs. Jones, Chief of Protocal of Orange County, to appoint a representative to a City Liaison Protocol Committee which is now being established. -10- 4315 City Council Minutes September 23, 1985 It was suggested by Councilman Mullen that the Mayor recommend a candidate and the Council concurred. CONSIDERATION OF PARTICIPATION IN CITY COUNCIL-CITY MANAGER LEADERSHIP TEAM WORKSHOP: A staff report was presented dated September 18, 1985 for consideration of participation in a City Council/City Manager Leadership Team Workshop to be held on October 23 - 25, 1985, at the University of California Conference Center in Lake Arrowhead, in the amount of $400 per person. The Council indicated that they would not be able to attend, therefore Mayor Kanel, hearing no objections, received and filed the report. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WAR.RANTS NO. 11399 - 11566: It was moved by Councilman Mullen and seconded by Councilman Lacayo to approve the Warrant List for Warrant Nos. 11399 - 11566, in the amount of $359,397.45. The motion unanimously carried by the following roll call vote: A YES: NOES: ABSENT: 5 COUNCIL MEMBERS: o COUNCIL MEMBER.S: o COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel None None In regard to Item No. 32-B, relating to establishing new requirements for the operation of ambulances in the City, it was moved by Councilman Mullen and seconded by Councilman Lacayo to adopt the Urgency Ordinance by title only, title as follows. ORDINANCE NO. 750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA REPEALING ORDINANCE 637 AND ESTABLISHING NEW REQUIREMENTS FOR. THE OPERATION OF AMBULANCES IN THE CITY OF CYPRESS. 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 In regard to Item No. 32-C, a request for authorization to enter into a sub-lease agreement with the North Orange County Regional Occupation Program at the Oxford School Site, it was moved by Councilman Coronado and seconded by Councilman Mullen to authorize the Mayor and City Manager to finalize, negotiate and execute the sub-lease with HOP. 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 RECREATION AND PARK DISTRICT MATTERS: The Cypress City Council Acting as the Ex Officio Governing Board of Directors of the Cypress Recreation and Park District considered the following: CONSIDERATION OF CYPRESS COMMUNITY COUNTRY FESTIVAL EVALUATION: A staff report was presented dated September 16, 1985 for consideration of the Cypress Community Country Festival evaluation. It was moved by Councilman Lacayo and seconded by Councilman Mullen to continue this item to the Council meeting of October 15, 1985. Mayor Kanel so ordered. Councilman Lacayo requested that staff research the City policy on the Community Festival regarding funding for non-profit organizations and identify the organizations that raise the money, who the City charges and what activities the City may wish to sponsor. Councilman Lacayo volunteered as a Council representative to meet with staff to discuss City policy on the Community Festival charges and to return to Council with a report at the October 15 Council meeting. -11- City Council Minutes September 23, 1985 CLOSED SESSION: At 11:30 p.m., Mayor Kanel called a Closed Session for litigation and the meeting reconvened at 11:45 p.m. ADJOURNMENT: It was moved by Councilman Mullen and seconded by Councilman Lacayo to adjourn the meeting at 11:45 p.m., to Tuesday, October 15, 1985. F CYPRESS ATTEST: I . /1; l .'__L-' . CITy6Lfiik' b.' ~il'ci'TY OF CYPRESS -12-